A bipartisan coalition of senators has introduced the Bipartisan American Affordability and Jobs Act (BAAJA), a sweeping proposal to reform federal environmental review and permitting for energy and infrastructure projects. The bill, announced by Senators Shelley Moore Capito (R-W.Va.), Mike Lee (R-Utah), Sheldon Whitehouse (D-R.I.), and Martin Heinrich (D-N.M.), seeks to shorten permitting timelines, reduce litigation, and provide greater certainty for developers.
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The legislation marks a rare moment of cross-party agreement on a contentious issue, but faces resistance from environmental groups and uncertain prospects in the House.
Efforts to streamline federal permitting have repeatedly faltered in Congress over the past five decades, with supporters arguing that lengthy reviews and legal challenges drive up costs and stall critical projects. The Mountain Valley Pipeline, for example, saw its costs nearly triple to $9.6 billion by June 2024 due to years of litigation and construction delays, according to energy policy analyst Sarah Montalbano. Congress ultimately intervened to allow the project to proceed by blocking further judicial review through the Fiscal Responsibility Act.
Provisions and Supporters
The BAAJA would ensure that permitted energy and infrastructure projects retain their permits except in extraordinary circumstances, violations of law, or court order, according to a Senate Environment and Public Works Committee statement. The bill also requires data centers to pay for their own transmission costs and includes targeted reforms for various energy projects.
Supporters say the bill would lower energy bills, create jobs, and modernize infrastructure. Renewable energy industry groups have endorsed the measure, stating in a letter to the bill's sponsors that "BAAJA would help significantly increase clean energy deployment and expands our transmission network to deliver new, affordable, and reliable electricity to the homes and businesses that rely on it."
Energy expert Alex Epstein called BAAJA "freedom-to-build legislation" and urged Congress to prioritize its passage, warning that failure to act before the end of the current session would likely doom the effort for another cycle.
"The skill of building hasnβt somehow gotten harder; in fact, technology has made it easier than ever to build great things quickly and affordably. The problem is the government has made it far harder than ever to build thingsβabove all through an endless permitting process for big, important projects."
β Alex Epstein, energy expert
Opposition and Criticism
Despite support from some clean energy advocates, over 200 environmental and progressive groups have condemned the bill, warning that it would weaken the Endangered Species Act and limit public input. Organizations such as the Center for Biological Diversity, Friends of the Earth, and the International Fund for Animal Welfare signed a letter to Democratic sponsors, calling the bill a "sweeping attack" on conservation protections.
The Sierra Club acknowledged that BAAJA could help clean energy projects but objected to provisions that would also benefit fossil fuel infrastructure. The National Trust for Historic Preservation argued the bill would "dramatically narrow the historic and cultural properties and projects that are subject to review" and alter consultation with Tribal Nations.
House Natural Resources Committee Ranking Member Jared Huffman (D-Calif.) expressed reservations, stating that while some aspects of the deal are helpful, "the tentative deal unveiled today raises significant questions and concerns that would have to be resolved before most Democrats could support it." Huffman emphasized the need to protect wildlife, states, and communities, and to ensure public participation in permitting decisions. Read Huffman's full statement.
House Prospects and Next Steps
The bill's path in the House remains uncertain. Huffman suggested that Democrats may seek to renegotiate the package if they gain leverage in the next Congress. A former House Democratic aide, speaking anonymously, warned that waiting for a better deal has repeatedly led to the collapse of permitting reform efforts.
Senator Capito said she looks forward to working with colleagues and the White House to get the legislation signed into law, emphasizing the potential for "cheaper energy, more jobs, and responsible growth." The White House has reportedly signaled support for the measure, raising hopes among proponents that BAAJA could succeed where past efforts have failed.
