Bipartisan Bill for Permitting Reform is “Trojan Horse” That Threatens Bedrock Environmental Safeguards

Faster, more effective permitting is needed to build out clean energy infrastructure but this legislation would enable polluters and endanger communities, says CCAN AF

 

WASHINGTON, DC – The United States Senate is expected to vote today on the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), which aims to reform major federal energy and permitting processes. It was negotiated and introduced by a small group of Senators including Senators Shelly Moore Capito (R-WV), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), and Martin Heinrich (D-NM). While CCAN Action Fund understands the critical need for permitting reform to speed up the deployment of clean energy and modernize our grid, the reforms must be equitable and responsible. In its current form, this bill would enable polluters and endanger communities.

BAAJA does not live up to its goal of “accelerating permitting of critical energy and infrastructure projects while maintaining key environmental and historic preservation safeguards.” Instead, it undermines key safeguards, weakening the bedrock of environmental laws such as the National Environmental Policy Act alongside the Clean Air Act, Clean Water Act, and Endangered Species Act for dozens of big oil and mining projects.

Supporters claim the bill would create “project certainty,” intended to protect energy and infrastructure developments from political whims after federal permits are approved, but it runs the risk of locking in long-term expensive fossil fuel use and restricting future regulatory changes. When combined with a significantly shortened statute of limitations, it jeopardizes frontline communities across the nation – putting them at risk from pollution that could endanger public health, hijack water and land resources, harm the environment and put climate goals out of reach. In addition, BAAJA harms tribal sovereignty and cultural sites by shortening reviews.

Quentin Scott, Federal Policy Director at CCAN Action Fund, states that:

“BAAJA is a Trojan Horse. If enacted, it would attack and destroy a host of environmental safeguards. We’ve long known that changes to the permitting processes are needed; that much is clear when we need to deploy over 100 gigawatts of renewable energy, but it has to be done the right way. A bill that arguably benefits expensive fossil fuels more than renewable energy is not doing it the right way. Last week’s election was a resounding rebuke of congressional leadership and policies that maintain the status quo, which this bill does. We’re calling on Senators to heed the results of the election and oppose this bill; we can and we must do better on behalf of our communities.”

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Chesapeake Climate Action Network (CCAN) Action Fund is dedicated to driving change in public policies at the local, state, and national level to address the climate crisis. Through voter education, lobbying, and participation in the electoral process, we seek to advance our country’s leadership in the global movement towards clean energy solutions — focusing our efforts primarily in Maryland, Virginia, and Washington, DC. We know that a vibrant democracy is central to our success, so we work to defend democratic integrity wherever we can.

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