Wyoming Introduces Clean Air and Geoengineering Prohibition Act: What It Would Mean for State Law and Environmental Oversight

Wyoming legislators have unveiled a working draft of a significant new environmental policy—titled the Wyoming Clean Air and Geoengineering Prohibition Act—that would prohibit intentional atmospheric interventions over the state and empower the state’s environmental agency to halt projects deemed risky. The bill, drafted as 26LSO‑0211v0.5, was prepared by the Joint Agriculture, State and Public Lands & Water Resources Interim Committee for consideration in the 2026 session.

As geoengineering and weather-modification technologies gain scientific and public attention, this proposed legislation marks Wyoming’s early attempt to regulate experiments that could alter air quality, climate, or solar radiation—potentially setting precedent for other states.

Key Provisions of the Draft Bill

Legislative Findings & State Sovereignty

The draft begins by declaring that federal agencies, international bodies, research institutions and corporations have proposed or conducted atmospheric modification experiments, and that such interventions pose unknown risks to human health, agriculture, wildlife and environmental safety. It further asserts that under the Tenth Amendment, Wyoming citizens maintain sovereign rights over their air, land and water resources.

Definitions and Scope of “Atmospheric Contaminant”

Under the bill’s proposed Article 22 of Title 35 (W.S.), the term “atmospheric contaminant” is defined broadly to include substances intentionally released into the atmosphere for the purpose of affecting climate, weather or solar radiation—citing examples such as sulfates, silver iodide, genetically modified particles, “smart dust,” per- and polyfluoroalkyl substances (PFAS) and certain radioactive materials.  Standard aviation exhaust, permitted agricultural or forestry emissions, fire-suppression agents and naturally occurring particulates are not included under the definition.

Prohibition of Geoengineering & Enforcements

The title of the draft—Clean Air and Geoengineering Prohibition Act—makes its intent clear: any deliberate geoengineering or weather-modification activity in Wyoming’s airspace would be prohibited under state law. The bill proposes to give the Wyoming Department of Environmental Quality (DEQ) authority to issue cease and desist orders, impose criminal penalties, and adopt rulemaking to enforce compliance.

Whistleblower Protections & Public Right to Report

A notable feature is a prohibition on retaliation against individuals who report violations of the Act—meaning persons who identify illegal atmospheric release activities would be legally protected.

Legal and Policy Implications

State vs. Federal Authority

By citing the Tenth Amendment and asserting state sovereignty over air, land, and water, the draft bill enters a complex jurisdictional field. While aviation and interstate airspace are typically subject to federal oversight through the Federal Aviation Administration (FAA) and the Environmental Protection Agency (EPA), the draft positions Wyoming as stepping into the regulatory gap in geoengineering oversight—a domain where federal regulation remains nascent.

Standard Setting in Emerging Technologies

Geoengineering—such as solar-radiation management, aerosol injection, or large-scale weather-modification—is receiving growing attention from scientists and environmental groups. The draft aligns with concerns raised in international forums about the unknown environmental and social risks of such interventions. By enacting state-level prohibitions, Wyoming may set a model for other states concerned about untested atmospheric experiments.

Enforcement and Practical Challenges

Although enforcement mechanisms are laid out, practical challenges remain:

• Defining the threshold between permitted environmental activities (e.g., fire-suppression, cloud seeding) and prohibited “intentional atmospheric modification.”

• Monitoring and attributing activities in remote or high-altitude airspace.

• Coordinating with federal agencies when experiments cross state lines or involve international actors.

• Managing potential conflicts with federal law or interstate commerce provisions.

Legal analysts would likely explore whether similar statutes could survive judicial review if confronted with claims of pre-emption or unconstitutional overreach.

Why This Matters: Broader Environmental & Legal Context

As climate change drives interest in technological fixes—some controversial—states are responding with regulatory frameworks. Some key context:

• The Intergovernmental Panel on Climate Change (IPCC) has flagged solar-radiation management as a high-risk/low-certainty category.

• The Harvard Solar Geoengineering Research Program and other research groups are studying the governance of these technologies.

• The potential liability for environmental harm, cross-boundary effects, or human-health impacts remains largely unresolved.

For Wyoming—a state with large skies, significant mineral extraction operations, and sensitive ecosystems—the draft represents proactive legislation to pre-empt harmful experiments and protect public health.

Next Steps in the Legislative Process

The draft bill is listed as a “working draft – not approved for introduction,” signaling that it may undergo significant revision before formal introduction in the 2026 session. Committee rulemaking, public hearings and stakeholder engagement (including industry, agriculture, aviation and environmental advocates) will shape its final form.

Citizens and interest groups can monitor progress via the Wyoming Legislature’s website.

Justice Watchdog Analysis

The proposed Wyoming statute reflects a growing trend: states preparing regulatory fences around emerging climate-technology risks. If adopted, it could signal a legal shift toward state-based control of geoengineering, especially in states with unique environmental stakes. Legal professionals should watch for how the concepts of sovereignty, innovation governance and environmental liability collide in this novel terrain.