Document Type

Article

Publication Date

10-2026

Abstract

On September 26, the Republican chairs and Democratic ranking members of two key Senate committees released the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA). The full Senate is expected to take up the bill on November 9 (a week after the midterm elections). Its future in the House is uncertain.

The bill, the culmination of years of negotiations on permitting reform, is very good for the proponents of many kinds of energy projects (both clean and fossil), especially electricity transmission. It is very bad for environmental groups and other project opponents who want to challenge these projects in court. It could prevent a future president from halting projects approved under the current president. It takes away a key tool that some states have used to block projects they oppose.

This article discusses the ways that BAAJA would change several important environmental laws, and how going forward it would inhibit some of the kinds of actions President Trump has taken against wind and solar projects (without reversing what he has already done), while also inhibiting future Democratic presidents from acting similarly against fossil fuel projects.

Disciplines

Environmental Law | Law

Center/Program

Sabin Center for Climate Change Law

Download

Share

COinS