Senate Rejects Motion to Proceed to Regional Haze Disapproval Resolution (S.J. Res. 86) 43-50 Amidst Extensive Debate on Venezuela Military Action
The Senate convened on January 7, 2026, and rejected a motion to proceed to S.J. Res. 86, a resolution to disapprove the Environmental Protection Agency's approval of South Dakota's Regional Haze Implementation Plan, by a vote of 43-50. This outcome means the EPA's approval of South Dakota's plan stands. The day also featured extensive debate on the Trump administration's military actions in Venezuela, with several Democratic Senators criticizing the President's unilateral authority and alleged motives, while Republican Senators defended the actions as necessary for national security and law enforcement. Additionally, the Senate agreed to three en bloc resolutions and introduced several bills.
The rejection of S.J. Res. 86 allows the EPA's approval of South Dakota's regional haze plan to stand, meaning the state will not be forced to adopt additional pollution control measures that proponents argued were necessary for environmental protection. The robust debate on Venezuela highlighted a significant constitutional question regarding the President's war powers and the role of Congress in authorizing military force, setting the stage for a vote on S.J. Res. 98, a War Powers Resolution, the following day.
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Air Plan Approval; South Dakota; Regional Haze Plan for the Second Implementation Period"
S.J. Res. 86Question before the chamber
The question was on agreeing to the motion to proceed to S.J. Res. 86.
The case for
Senator Whitehouse argued that coal is America's dirtiest energy source, causing severe health issues, death, and acid rain, with 460,000 Americans killed by coal pollution between 1990 and 2020. He stated that the Clean Air Act's Regional Haze Program requires states to reduce emissions from haze-causing sources to make reasonable progress toward natural visibility conditions in national parks. He contended that South Dakota took no action in its latest regional haze plan to address pollution from its three major emitters (a coal plant, a cement plant, and a lime plant) and failed to demonstrate that this inaction was reasonable. He asserted that the EPA's approval of this plan was blatantly at odds with the Clean Air Act and would encourage the spread of harm to downwind Midwestern and Eastern States, urging support for the resolution to ensure a clearer day for those states.
The case against
Senator Rounds opposed the resolution, arguing that South Dakota has made substantial progress toward meeting EPA's ambitious 2064 visibility goals and has determined that no additional emissions goals are needed to make reasonable progress. He stated that overturning EPA's approval would force the State to adopt unnecessary pollution control measures, despite clear evidence that they would not meaningfully improve visibility. He contended that these requirements would impose significant costs on South Dakota communities and businesses for little to no environmental benefit, essentially burning money without improving outcomes. He also highlighted that the primary driver of visibility impairment in recent years has been wildfire smoke from Canada and the western United States, not in-state emissions, and that the resolution substitutes Washington mandates for State-level expertise.
Disposition
Motion to proceed · recorded vote
The motion to proceed was rejected.
Yeas 43, Nays 50
Who is affected
- Downwind Midwestern and Eastern States: Would continue to experience haze and pollution from South Dakota's major emitters if the EPA approval stands, potentially impacting public health and visibility.
- South Dakota communities and businesses: Would face significant costs from unnecessary pollution control measures if the EPA approval were overturned, without meaningful environmental benefit according to opponents.
Motion to Proceed to S.J. Res. 86 (Regional Haze) Rejected
highThe Senate voted 43-50 against proceeding to S.J. Res. 86, which sought to disapprove the EPA's approval of South Dakota's Regional Haze Implementation Plan. This outcome allows the EPA's approval to stand, meaning South Dakota will not be forced to adopt additional pollution control measures for its major emitters.
Extensive Debate on Venezuela Military Action
highMultiple Senators engaged in a prolonged debate regarding the Trump administration's recent military operation in Venezuela to capture Nicolas Maduro. Democratic Senators criticized the action as an unauthorized act of war, a distraction from domestic issues, and motivated by oil interests, while Republican Senators defended it as a legitimate law enforcement operation to counter drug trafficking and terrorism, and within the President's constitutional authority.
War Powers Resolution (S.J. Res. 98) Scheduled for Vote
highSenator Kaine announced that his bipartisan War Powers Resolution, S.J. Res. 98, concerning military operations in Venezuela, would be called up for a vote on a motion to discharge the following day, January 8. This sets up a direct challenge to the President's authority to engage in military action without congressional authorization.
Concerns Raised Over "America First" and Foreign Policy
mediumSenators debated the consistency of the Venezuela operation with President Trump's "America First" campaign promises, with critics arguing it represented a return to costly foreign entanglements and a focus on overseas escapades over domestic affordability. Concerns were also raised about the administration's threats against other nations like Greenland, Colombia, and Cuba.
Permitting Reform Efforts Paused Due to Executive Actions
mediumSenator Whitehouse announced a pause in bipartisan permitting reform negotiations, citing the Trump administration's repeated and allegedly illegal stop-work orders on offshore wind projects, particularly Revolution Wind, and a perceived bias against clean energy projects. He stated that the executive branch's refusal to faithfully execute laws made continued negotiations pointless.