Public Citizen Opposes Senate Permitting Bill

Next week, the U.S. Senate is set to debate and vote on the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) (S. 5653), a compromise permitting reform deal. Ahead of the planned vote, David Arkush, director of Public Citizen’s Climate Program, issued the following statement:

“We appreciate the effort and care Senators Whitehouse and Heinrich put into reaching a compromise to facilitate the buildout of desperately needed clean energy and protect ratepayers from Big Tech’s voracious data center binge. The bill’s provisions on transmission and ratepayer protections are strong and sorely needed, and they ought to be enacted. Unfortunately, the bill’s drawbacks are greater, more immediate, and more certain.

“The bill seriously weakens the Clean Water Act and Endangered Species Act and guts the National Environmental Policy Act and the National Historic Preservation Act. It fast-tracks the permitting of all manner of projects, then makes it virtually impossible to regulate or arguably even enforce existing rules against them, without an act of Congress. Among other effects, the bill will open the door to a vast increase in exports of liquefied natural gas and facilitate a hasty and reckless buildout of data centers powered by fossil gas. And the bill would make it significantly more difficult to moderate, regulate, or alter these actions later, regardless of what public health, climate destruction, or public sentiment demand. The bill also includes massive giveaways to the mining industry.

“There is also the question of President Trump’s implementation. We do not trust that he will abide by the letter or intent of the law. Regardless of what the law says, we expect him to spend two more years on his reckless and costly fossil-fuel building spree while working to block clean energy. Under BAAJA, his actions will form most of the baseline by which courts assess whether future administrations are discriminating against a given form of energy.

“In the November 3 elections, voters across the country resoundingly rejected data centers. This is not the time to pass a bill that enables Big Tech to charge forward with them, powered by fossil fuels, over the objection of local communities.

“No less important, the makeup of Congress will change substantially in January. It is likely a much better deal can be reached then—one that enacts the laudable and important provisions in this bill, and more, without so many sacrifices.”