Alabama Senate passes bill banning stricter state environmental rules than federal government

The Alabama Senate Tuesday approved a bill that would prohibit the state from having stricter environmental regulations than the federal government.

SB 71, sponsored by Sen. Donnie Chesteen, R-Geneva, drew sharp criticism from Democrats in the upper chamber, marking some of the first significant debate of the 2026 Legislative Session.

“This bill would also provide that upon the absence of federal law or regulations on an environmental matter, no state agency may adopt a rule unless the rule is based on the best available science and the way to scientific evidence,” Chesteen said.

If a federal regulation does not exist, the Alabama Department of Environmental Management (ADEM) cannot make a rule unless it is backed by “best available science,” Chesteen said.

Senate Minority Leader Bobby Singleton, D-Greensboro, argued that the bill would put Alabama environmental regulations at risk if the Trump administration weakened any current regulations.

“This cannot be a bill that ADEM supports, because it doesn’t give them the real flexibility to be able to administer in their state what they want,” Singleton said. “For the next three years, we can’t control the Trump administration because he’s not the most environmentally-friendly president.”

Sen. Linda Coleman-Madison, D-Pleasant Grove, suggested an amendment to the bill that would have removed the definition of “manifest bodily harm.” The bill defines it as physical disease or injury that is “presently existing and diagnosable;” “not based solely on the presence or detection of a substance in the human body;” and “not based solely on an increased risk of disease.” To establish a new rule, the bill would require “a direct causal link” between exposure to a substance and “manifest bodily harm.”

“My concern is that this amendment would gut the bill,” Chesteen said.

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The amendment failed 7-25.

Sen. Rodger Smitherman, D-Birmingham, said that if the bill passed, “we can’t go into those other fields where the federal government has not even touched because what we are saying is that whatever they pass, we are completely bound by that.”

After about an hour of debate between Coleman-Madison, Singleton, Smitherman and Chesteen, the bill, which was the first on the Senate’s agenda, was temporarily set aside. After the rest of the bills were voted on, it was brought back.

Sen. Vivian Davis Figures, D-Mobile, also opposed the bill, citing a bill she worked on for years that bans smoking in indoor public spaces. During the yearslong process to passage, she said, she would not compromise on the part of the bill that allowed municipalities and businesses to set more stringent rules.

Figures also pressed Chesteen on the bill’s origins.

“Since you’re passing a bill saying that they can do that, shouldn’t we know that? Shouldn’t the citizens of Alabama know that they just want a free for all, come what may?” Figures asked Chesteen. “So the ones who are going to vote on this really don’t know what they’re voting for.”

Chesteen said Windom, Galliher and Associates,a legislative lobbying firm based in Montgomery that focuses on business, health care, insurance, utilities, education and technology, according to its website. A message seeking comment from the firm was left Tuesday afternoon.

The bill passed 25-7. It moves to the House.