Earthjustice -- The most impactful legislation we've seen all year

 

The most impactful legislation we've seen all year

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  Earthjustice and Earthjustice Action 

  earthjustice.org

  From:info@mail.earthjustice.org

  
  

  To:Mark M Giese

  Thu, Oct 22 2026 at 3:49 PM

   

  Dear Mark M, In just a few weeks, the Senate plans to vote on one of the most environmentally consequential pieces of legislation we’ve seen all year. The Bipartisan American Affordability and Jobs Act, Congress’ latest attempt at permitting reform, is a fast-moving, complex bill with huge implications for our climate, waters, historic places, and wildlife. Why it matters: The permitting bill marks a genuine policy breakthrough on transmission and modernization of our electric grid, enabling an affordable clean energy future while also addressing climate change. However, in its current form, the bill asks too high a price for progress that is in no way guaranteed. The trade-offs proposed in this bill are far more sweeping and significant than what we could gain from it. Among other things, the bill would: Lessen our ability to protect endangered and threatened species by undermining the core functions of the Endangered Species Act Severely limit state and Tribal authority to prevent harm to waters and wetlands, including when it comes to projects like oil pipelines and data centers Alter the scope and efficacy of the National Historic Preservation Act, limiting the ability of Tribal nations, states, and other stakeholders to steward and protect culturally important sites and landscapes Allow for expansive mining projects on public lands and construction of supporting infrastructure with fewer permitting requirements and less oversight Restrict the public’s access to the courts to challenge projects that threaten clean water, public health, biodiversity, and historic places Earthjustice experts have been hard at work analyzing this bill. Read their breakdown of what passing this legislation could mean for our environment, our health, and our most vulnerable species. We’re already in the middle of a massive gas build-out, especially as it has become the favored power source of data centers. While clean energy would get its day in the sun in the long term, in the immediate future, the permitting bill would fast-track polluting gas projects that threaten our air, water, and health, further entrenching our dependence on a dirty fuel source. The grid provisions in this bill would mark critical, positive changes in our clean energy landscape. However, a deal that expedites more gas, closes courthouse doors, and dismantles our laws to further embolden an anti-environment administration is not a compromise we can afford now. Thank you for being with us as we work to tackle this monumental challenge. We will continue to refine our analysis as we understand the bill more fully, but we hope this provides a fuller picture of the implications of this sweeping legislation.