Senate Permitting Bill Draws Backlash From Environmental Groups

The bill, known as BAAJA, is co-sponsored by Democratic Sens. Sheldon Whitehouse of Rhode Island and Martin Heinrich of New Mexico. Lawmakers discussed proposed “manager’s amendments” at a Senate Democratic Caucus meeting in Washington, DC, on Saturday, seeking support for the measure. Its backers say the benefits outweigh the concessions sought by Republicans.

Critics warn that the legislation could speed construction of both clean-energy and polluting projects while reducing oversight of data centers. Elizabeth Bast, executive director of Oil Change International, called it “a massive giveaway to fossil fuel companies and Big Tech” at the expense of communities, the climate and energy bills. Earthworks says the bill would give the public and Tribes less say in major energy projects and expand the 1872 Mining Law, allowing companies to claim public land for waste dumps, roads, pipelines and power lines.

Public Citizen says some provisions, including those on transmission lines and protections for ratepayers from data-center costs, are needed, but that the bill’s drawbacks are more immediate and certain. David Arkush, who directs the group’s Climate Program, said it would weaken the Clean Water Act and Endangered Species Act and undermine the National Environmental Policy Act and National Historic Preservation Act. He also warned it could increase liquefied natural gas exports and encourage data centers powered by fossil gas.

Climate organizer Bill McKibben argues that permitting reform should distinguish between clean and fossil-fuel energy projects. Opponents say Congress should wait until January, when its makeup is expected to change substantially, and pursue a deal with fewer concessions. In October, Democratic strategist John Podesta warned that BAAJA could give the Trump administration a “loaded howitzer” against environmental protections. McKibben urged senators not to hand that power to Stephen Miller, recently appointed White House chief of staff by Trump.