Senate Democrat Plans Vote to Reverse Trump EPA's Rejection of Colorado Clean Air Plan

Why It Matters

Sen. Michael Bennet (D-CO) is using a rarely-invoked legislative tool to push back on the Trump administration's decision to kill Colorado's regional haze plan

"President Trump's so-called 'energy emergency' is being used to justify tying the hands of utilities." — Sen. Bennet

S.J.Res.139, a Senate joint resolution introduced by Sen. Bennet, invokes the Congressional Review Act to overturn an EPA rule that rejected Colorado's Regional Haze State Implementation Plan for the second implementation period. The EPA's January 2026 disapproval effectively stripped federal enforceability from coal plant retirement deadlines that Colorado utilities had voluntarily proposed and asked the state to incorporate. If Bennet's resolution succeeds, it would reinstate Colorado's original plan — one that environmental groups, utilities, and state officials had spent years crafting together — and restore those closure timelines as federally enforceable commitments.

The Big Picture

Colorado submitted its 2022 regional haze plan with rare cross-sector support: utilities, environmental groups, a Democratic governor, and a bipartisan congressional delegation all backed it. The EPA initially proposed only a partial disapproval in July 2025, but after Colorado withdrew SIP measures tied to the closure of Comanche Unit 2 in November 2025, the agency escalated to a full disapproval, finalized January 26, 2026.

The Trump EPA framed its decision around grid reliability and energy security, pointing to a December 30, 2025 Department of Energy order under Section 202(c) of the Federal Power Act requiring Craig Station Unit 1 to remain operating. EPA Administrator Lee Zeldin's agency also cited potential takings law concerns tied to the enforceable closure dates.

Bennet bypassed the Senate Environment and Public Works Committee entirely — discharging it by petition under the CRA — and placed the resolution directly on the Senate Legislative Calendar under General Orders (Calendar No. 364). That procedural maneuver reflects both the urgency Bennet is signaling and the practical reality of moving any environmental bill through a Republican-controlled committee.

Yes, but: The resolution has zero joint resolution cosponsors — not a single Republican, and no fellow Democrats have signed on. In a Senate where Republicans hold the majority and the Trump administration has explicitly backed the EPA's rule, the path to passage is narrow.

Partisan Perspectives

Bennet has not held back in characterizing the EPA's move as political rather than legal or scientific.

"Colorado is on its own when it comes to protecting public lands and public health." — Sen. Bennet

The Colorado Democratic delegation, in a letter led by Rep. Diana DeGette, argued the EPA's action "undermines Colorado's authority to improve air quality" and violates the cooperative federalism principles embedded in the Clean Air Act.

On the other side, the Trump administration has framed coal plant retention as a matter of grid stability. No Republican statements specifically opposing S.J.Res.139 were available in the data at time of publication.

Earthjustice called the EPA's final rule an outright violation of the Clean Air Act, stating: "Colorado's plan fully complies with the Clean Air Act." The National Parks Conservation Association said the EPA's action "will result in dirtier air in Rocky Mountain National Park."

Political Stakes

For Bennet, this Senate joint resolution is as much a messaging vehicle as a legislative one. Introduced and fast-tracked to the calendar without a hearing, it forces Senate Republicans to take a recorded position on whether to side with Colorado's state-crafted air quality plan or the Trump EPA's override of it — just as the administration's energy emergency framing is drawing increasing scrutiny.

For the administration, the stakes are also real. A successful CRA disapproval would reverse an EPA rule it has publicly championed, hand a win to Democrats on environmental federalism, and potentially embolden similar challenges to other regulatory rollbacks. The administration's opposition to the bill is implicit in its strong public defense of the EPA's disapproval.

The Bottom Line

S.J.Res.139 faces long odds in a Republican-controlled Senate. With no cosponsors and a majority that has largely aligned with the administration's energy agenda, the resolution is unlikely to advance to a floor vote without a significant shift in Republican support.

But the bill signals something larger: Democrats are increasingly willing to use the Congressional Review Act — a tool Republicans wielded aggressively in 2017 to undo Obama-era rules — as an offensive instrument against Trump administration regulatory actions. The Colorado haze fight also reflects a decade-long tension over whether the EPA or the states hold the final word on air quality planning, a debate that congressional hearings have surfaced repeatedly since the 112th Congress without resolution. Bennet's move suggests that fight is far from over.

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