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The Progressive

NewsWire

A project of Common Dreams

For Immediate Release
Contact:

Brett Hartl, bhartl@biologicaldiversity.org

Democrats Abandon Environmental Laws to Advance Pro-Fossil Fuel ‘Permitting Reform’

Legislation Would Dismantle Protections for Hundreds of Endangered Species to Speed Approvals for Corporate Polluters

Sens. Martin Heinrich and Sheldon Whitehouse today released a top-line summary of an agreement with Sen. Shelly Moore Capito and Rep. Bruce Westerman to advance so-called “permitting reform.”

The legislative package, cynically titled the “Bipartisan American Affordability and Jobs Act of 2026,” would provide massive long-term structural advantages to the fossil fuel industry and minimal short-term improvements to electricity transmission policy that might marginally benefit renewable energy. The legislation fails to meaningfully curb the accelerating build-out of data centers and artificial intelligence.

“This is a climate kill shot that condemns our most vulnerable communities to suffer decades more fossil fuel pollution. It’s absurd to ensure our planet chokes with greenhouse gases, gut endangered species protections and eviscerate the Clean Water Act for what seems to be a nearly meaningless victory against Trump’s war on offshore wind,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “The minor benefits for renewable energy corporations are massively dwarfed by the gifts to the fossil fuel industry. If this grotesque legislation becomes law, the paltry increases in renewable energy will be instantly devoured by AI data centers. The only winners here are Elon Musk, Mark Zuckerberg, tech oligarchs and the shareholders of fossil fuel companies.”

Today’s package contains numerous provisions that lock in thousands of fossil fuel projects, including oil and gas pipelines, LNG export terminals, and expanded fossil fuel drilling onshore and offshore approved by President Trump over the past two years. It also ensures that future fossil fuel pipelines and methane gas-generated electricity can never be challenged in court.

Additional provisions gut parts of the Clean Water Act, including the Section 401 authority of states to protect their rivers and streams from the impacts of building pipelines and the EPA’s Section 404(c) permit veto authority, which has been used to stop projects like the Pebble Mine in Alaska.

The legislation weakens the National Historic Preservation Act and Tribal consultations, leaving most Tribal nations with no meaningful way to protect their sovereignty when faced with potential fossil fuel projects on their lands.

In addition, the legislation guts the Endangered Species Act by allowing states to take over the Section 7 consultation process with minimal safeguards, turning one of the law’s strongest provisions into a state-run rubberstamp of dangerous projects. The deal also likely includes redefining the “best available science” and exempts the vast majority of damaging fossil fuel projects from any meaningful review of the threats and harms to imperiled wildlife and plants.

The legislation curtails the ability of individuals, nonprofits and communities to challenge fossil fuel projects by requiring courts to tip the scales in favor of the fossil fuel industry and making it impossible to bring an environmental justice claim.

“Two Senate Democrats are giving away our most cherished environmental laws based on fantastical models that project a renewable energy utopia. They’re rewarding a ruthless fossil fuel industry that will always put its quarterly profits ahead of a livable planet and future generations,” said Hartl. “Trump promised fossil fuel companies that he’d do everything in his power to assist them in his second term, and Sen. Heinrich and Sen. Whitehouse seem hellbent on helping Trump fulfill that promise. We’ll fight this disgraceful legislation to make sure it doesn’t become law.”

At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.

(520) 623-5252