Congress Tweaks Permitting Bill, But Deal Remains Fatally Flawed
Earthjustice is urging senators to come back in the new year and give these reforms the full attention they require.
November 10, 2026
What’s happening: Senators released a last-minute amendment to the Bipartisan American Affordability and Jobs Act, aka the permitting bill. While the changes include some improvements, they fail to address core problems.
Why it matters: As we’ve written before, the Trump administration’s playbook is to move fast and break things. This version of BAAJA would still turbocharge that playbook. It would enable presidents to rush through deeply harmful projects, and it would constrain future presidents from repairing the damage. It also fails to provide fixes that fully honor Tribal sovereignty and restore basic protections for water, wetlands, and species.
The Senate is expected to vote on BAAJA very soon. Earthjustice is urging senators to shelve this version, then come back in the new year and give these reforms the full attention they require.
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