WASHINGTON, D.C. — The U.S. Senate passed the Wildfire Emissions Prevention Act by unanimous consent on Tuesday. The legislation amends the Clean Air Act to ensure states are not penalized for conducting prescribed burns intended to prevent larger wildfires.

Senator John Curtis requested unanimous consent to advance the measure on the Senate floor, and no senator objected, meaning the bill automatically passed. Sen. John Curtis is the lead sponsor of the bill, while Sen. Jeff Merkley serves as a co-sponsor. John Curtis said: "The people of Utah are not looking for an emissions loophole. They are looking to protect their families, communities, and land. This is about recognizing that an ounce of prevention is worth a pound of cure." Jeff Merkley said: "They have to be meticulously planned, carefully controlled, and then they reduce so much fuel on the ground and provide a lot of protection thereafter. So prescribed burns are, along with thinning and mowing significant ways to reduce the fuel load and reduce the devastation when there is a fire."

The Senate Environment and Public Works Committee approved the measure earlier in September. The current legislation requires the Environmental Protection Agency to propose revisions to regulations to make it easier for states to demonstrate a prescribed fire is an exceptional event.

"Prescribed fire is one of the most effective ways to reduce hazardous fuels and prevent catastrophic wildfires. The data, as presented to me by the Forest Service, is clear: Wildfires prevention and containment are far more successful in areas where prescribed burns took place. Yet states that proactively use prescribed burns can face regulatory consequences for the temporary emissions created by the very work that prevents far greater wildfire emissions," Curtis said.

"With every passing day, the threat to our communities, our lands, and our very lives grows more severe. That is why it makes no sense to leave a critical tool like controlled burns off the table," he said.

Merkley emphasized the preventive nature of the strategy. Prescribed burns are, along with thinning and mowing, significant ways to reduce the fuel load and reduce the devastation when there is a fire. They say an ounce of prevention is worth a pound of cure. That’s a pretty good foundation for a bill," Merkley said."

More than 500,000 acres have burned in Utah during the current wildfire season. Under current law, states are required to meet air quality standards for particulate matter pollution, and controlled burns can increase particulate matter pollution.

The Clean Air Act has historically included a provision for 'exceptional events' that allow states to exclude certain air quality data from compliance calculations when the pollution is caused by uncontrollable natural events. The Clean Air Act's amendments established the framework for these events, but the EPA has never approved a prescribed fire as an exceptional event since 2016, despite allowing such designations on paper.

In 2016, the EPA issued a rule allowing prescribed fires to qualify as 'exceptional events' under the Clean Air Act, but states reported administrative burdens to prove compliance, prompting the current bill to streamline the process and eliminate penalties for proactive fire management. The bill now faces negotiations with the House of Representatives.

Why It Matters

The legislation addresses a regulatory gap where states using prescribed burns to prevent catastrophic wildfires could face penalties under air quality standards. By amending the Clean Air Act, the bill seeks to balance wildfire mitigation efforts with air quality compliance, acknowledging that controlled burns, while temporarily increasing particulate matter, reduce the risk of larger, more destructive fires.

The requirement for the EPA to revise regulations within specific timelines ensures that the administrative burdens reported by states since 2016 are addressed. The establishment of a grant program for community buildings further extends the bill's impact beyond regulatory changes, providing resources to protect public spaces from wildfire smoke hazards.

Timeline

On September 7, 2020, the Labor Day fires in Oregon burned more than 1 million acres. On December 24, 2025, the Environmental Protection Agency proposed to grant a Clean Air Act petition submitted by the state of New Hampshire, requesting removal from the Ozone Transport Region based on continued attainment of ozone standards.

On April 30, 2026, the House passed a competing bill introduced by Rep. Gabe Evans that would expand exemptions from Clean Air Act compliance reporting to include weather events like droughts, heat waves, and stagnant air masses. On the same day, most House Democrats voted against the competing bill.

On September 29, 2026, Senator John Curtis stated that prescribed fire is one of the most effective ways to reduce hazardous fuels and prevent catastrophic wildfires, noting that data from the Forest Service shows prevention and containment are more successful where prescribed burns took place. Also on September 29, 2026, the U.S. Senate passed the Wildfire Emissions Prevention Act by unanimous consent in Washington, D.C.

On September 29, 2026, Senator Jeff Merkley said prescribed burns are significant ways to reduce fuel load and devastation, calling the approach an ounce of prevention worth a pound of cure. On the same day, Senator John Curtis said the people of Utah are looking to protect their families, communities, and land, not seeking an emissions loophole.

What's New

Research titled Message of the President of the United States in Relation to a Resolution Passed by the House of Representatives: To the Senate and House of Representatives (Thirty-Seventh Congr" was published in 2026 in The Political Writings of Abraham Lincoln. Additional reporting confirms that Senator John Curtis requested unanimous consent to advance the Wildfire Emissions Prevention Act on the Senate floor, and no senator objected, meaning the bill automatically passed."

The U.S. Senate passed the Wildfire Emissions Prevention Act by unanimous consent on September 29, 2026, in Washington, D.C. Under the act, the EPA is required to publish proposed revisions to its regulations within 270 days of the bill’s enactment, and final revisions within 180 days after that. Senator Jeff Merkley noted that prescribed burns must be meticulously planned and carefully controlled to reduce fuel on the ground and provide protection.