The Senate is preparing to vote on the Bipartisan American Affordability and Jobs Act (BAAJA), a permitting reform bill introduced September 30th by four senators known as the "four corners": Shelley Moore Capito (R-WV), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), and Martin Heinrich (D-NM). The bill has drawn bipartisan support from both climate groups and fossil fuel interests, though environmental advocates warn it could accelerate polluting projects alongside clean energy development.
BAAJA would overhaul federal permitting processes by setting a 45-day deadline for environmental review decisions under the National Environmental Policy Act (NEPA) and a 150-day limit for legal challenges to projects. The bill narrows NEPA's scope by creating exclusions for transmission upgrades and certain pipeline expansions. It would also prevent courts from halting projects outright for environmental violations, instead forcing agencies only to correct issues.
The bill makes large projects, including data centers, eligible for general Clean Water Act permits with fewer public participation requirements. Environmental groups including the Natural Resources Defense Council and Earthjustice Action oppose the changes, arguing they limit community oversight and could accelerate gas infrastructure needed to power data centers. Christy Goldfuss, executive director of NRDC, said in an email: "People would be shocked to realize their representatives are rushing such a consequential decision."
Xan Fishman, executive vice president of the Energy Program at the Bipartisan Policy Center, defended the bill as a "really good bipartisan compromise," citing lengthy permitting delays that now take years or decades due to litigation. The Senate could vote to advance the bill as early as next week. Fishman expects President Trump will sign it if the current Republican-controlled Congress acts, noting the White House has been "very involved" in negotiations. Democrats may attempt to delay debate until next year to limit concessions to Republicans.