Environmental Health Restoration Act of 2026
Sponsored By: Senator Whitehouse, Sheldon [D-RI]
Introduced
Summary
This bill would _restore and strengthen EPA air and public health protections_ by reinstating key air rules, boosting enforcement capacity, and embedding science and environmental justice into decisions.
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- Prioritizes communities that bear disproportionate pollution burdens by directing monitoring, permitting oversight, and enforcement in those areas. It requires public health impact assessments that evaluate mortality, respiratory illness, cardiovascular disease, and cumulative exposure.
- Directs immediate reinstatement of seven air-related regulations that were in force on January 19, 2025, including greenhouse gas and mercury limits for power plants, methane and volatile organic compound rules for oil and gas, PM2.5 national ambient air quality standards, vehicle greenhouse gas standards, greenhouse gas reporting, and hazardous air pollutant standards.
- Strengthens EPA's science and enforcement tools by requiring reconstitution and staffing of advisory boards within 45 days, mandating peer-reviewed science, restoring a social cost of carbon of $190 per metric ton (2020 dollars) at a 2 percent discount rate, creating an annual enforcement report, authorizing a private right of action, and setting an enforcement funding floor while authorizing about $11.0 billion annually (FY2027 and after), adjusted for inflation.
*Would authorize about $11.0 billion in annual appropriations for EPA enforcement and related programs, increasing federal spending if provided.*
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Increase EPA enforcement funding and staff
This bill would authorize about $11 billion for EPA for fiscal year 2027 and each fiscal year thereafter, adjusted annually for inflation. That authorization would be in addition to amounts authorized under other law, and Congress would still need to appropriate the money. The bill would also require, subject to appropriations, that EPA keep funding and personnel for civil and criminal enforcement at sufficient levels to enforce the covered programs. The bill would require EPA to provide an annual enforcement report to Congress about inspections, violations, penalties, and corrective actions.
Reinstate major air and vehicle rules
This bill would require EPA to reinstate rules, guidance, and enforcement programs that were in effect on January 19, 2025 for major pollution areas. EPA would have to complete the reinstatement within 60 days of enactment. Covered rules include power-plant greenhouse gas limits, oil-and-gas methane and VOC limits, mercury and air toxics standards, PM2.5 air quality standards, hazardous air pollutant rules, greenhouse gas reporting, and vehicle greenhouse gas standards. The bill would bar delaying, suspending, weakening, repealing, or exempting those reinstated rules unless Congress expressly authorizes such changes.
Restore carbon valuation and science panels
This bill would require EPA to use a social cost of carbon of $190 per metric ton (in 2020 dollars) and a 2 percent discount rate in greenhouse gas rulemakings. Not later than 60 days after enactment, EPA would be required to restore that social cost of carbon value. The bill would also require EPA to reconstitute and fully staff its Science Advisory Board and Clean Air Scientific Advisory Committee within 45 days of enactment and to base regulatory decisions on peer-reviewed science.
More environmental justice and health reviews
If enacted, EPA would be required to restore and expand environmental justice programs cut after January 19, 2025, within 60 days, subject to appropriations. EPA would have to prioritize monitoring, permitting oversight, and enforcement in communities with disproportionate pollution burdens. For any air or water rule, policy, or enforcement action, EPA would have to conduct and publish a public health impact assessment that addresses deaths, respiratory illness, cardiovascular disease, and cumulative exposures. EPA would also be required to incorporate cumulative impacts analysis into permitting and to publish an annual report on pollution trends and enforcement progress.
Allow private and state enforcement actions
This bill would let any person harmed by EPA's failure to comply with the Act sue in federal court to compel EPA to follow the law. If a court finds EPA did not comply, it could award reasonable attorney's fees to the prevailing party. The bill would also make clear that states may adopt and enforce environmental standards that are more protective than federal rules and that people and states may petition EPA or bring common-law nuisance claims.
Sponsors & CoSponsors
Sponsor
Whitehouse, Sheldon [D-RI]
RI • D
Cosponsors
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 9/16/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 9/22/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov