NRDC: Senate Permitting Bill Still Needs Improvements; Opposed as Written
NRDC opposes this bill as written but remains committed to working constructively with Congress and other stakeholders on this process.
WASHINGTON – Senate negotiators released an amended version of the Bipartisan American Affordability and Jobs Act of 2026.
NRDC (Natural Resources Defense Council) released a comprehensive memo last month detailing the strengths and weaknesses of the bill and the specific areas the organization would be watching closely for improvements. The amended version of the bill released yesterday includes valuable updates but does not adequately address the five core areas NRDC had identified, nor does it address the Administration's war on clean energy. NRDC opposes the bill as currently written, but remains committed to working constructively with Congress and other stakeholders on improvements to bring about much needed reforms.
Following is a comment from Manish Bapna, president and CEO of NRDC:
“Days ago, the American people sent a clear message to Washington: they want more affordable energy and solutions that lower costs, and they want their voice heard in the process. The way to do that is rapid deployment of clean energy and transmission infrastructure while maintaining strong protections for communities, their health, and the environment.
“We support the elements of the legislation that help accelerate needed transmission, clean energy deployment, and grid modernization; but the current package goes too far in weakening essential environmental safeguards and public participation requirements. We recognize that meaningful permitting reform requires compromise, but we oppose it as currently written. The bill must be further improved, and we are willing to continue to assist in that process.
“This bill has several positive provisions that could be the key to unlocking the clean energy we need in the future. The very strong transmission provisions should allow for expansion of the grid across states and regions and cut the years-long wait for solar, wind, and batteries to connect to the grid, and also require utilities to squeeze more power out of the wires they already have.
“While these are meaningful and worthwhile reforms, the bill does not address many of our most significant concerns. The project certainty changes do not address key concerns about preventing unlawful permits from being rescinded—a key issue given the Trump Administration’s actions. And the bill still narrows environmental review across the board and removes meaningful judicial remedies under NEPA and NHPA making it impossible for a court to stop construction of a project under either statute before it damages communities or the environment. The amended version of the bill does not avert BAJAA's lasting damage to clean water, wildlife, and treasured places or to sections that further erode important parts of the Clean Water Act, Endangered Species Act, National Historic Preservation Act. The price of permitting reform cannot be shutting the public off from meaningful opportunities to participate in the decisions that shape their communities.
“Even as Senators work to hone this needed reform effort, the Trump Administration continues to undercut the agreement as it wages war on clean energy. Without meaningful elements in the bill or a demonstration of tangible proof from the Administration that its attacks on renewables have ended, Congress cannot have confidence that the playing field is level. While the Administration holds back clean energy, some provisions in the bill would facilitate expanded fossil fuel development and energy intensive data center construction without sufficient safeguards to protect communities and nature.
“This should not be the end of the road, but the beginning. We appreciate the lead negotiators' efforts and continued work to improve the bill. We will keep working with lawmakers on improvements so that Congress can pass legislation that increases the pace of infrastructure build out, brings down costs, cuts pollution, and protects the water and wildlife Americans care about.”
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Established in 1970, NRDC (the Natural Resources Defense Council) works to safeguard the earth, its people, its plants and animals, and the natural systems on which all life depends. Our team of more than 800 lawyers, policy experts, scientists, economists, and communications specialists work across the United States and around the world, from offices in Washington D.C., New York City, Chicago, San Francisco, and Santa Monica, as well as a representative office in Beijing and affiliate offices in New Delhi (through NRDC’s wholly owned for-profit subsidiary, NRDC India Private Limited) and London (through its UK-based partner NRDC International).