On November 13, dozens of legal scholars from across the country joined a letter to the U.S. Senate on the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), also known as the permitting bill. The scholars identified 12 provisions in the current bill that should be removed during the amendment process, which are listed below. If those provisions are not removed from the bill, the scholars urged senators to vote “no” when BAAJA comes to the Senate floor. Center for Progressive Reform Member Scholar Alejandro Camacho was the lead organizer of the letter.
The Twelve Most Harmful Provisions of BAAJA
- “Forever Permits” (Section 1401)
- A Taxpayer-Funded Windfall for Developers (Section 1402)
- No Remedy for a Proven Violation (Section 1110)
- Closing the Courthouse Doors (Section 1110)
- Exempting Gas Pipelines from Review (NEPA Section 3)
- Letting Developers Define the Question and Freezing the Science
- Review by Exception: Categorical Exclusions and State Substitution
- Hobbling State and Tribal Water Quality Authority (Clean Water Act Section 401)
- Easier Wetland Destruction (Clean Water Act Sections 402 and 404)
- Weakening the Endangered Species Act
- A Fast Lane for Gas-Powered Data Centers
- Sidelining Tribal Nations and Sacred Places (National Historic Preservation Act)
