A proposed bill in the U.S. Senate, the Bipartisan American Affordability and Jobs Act of 2026, or BAAJA, would weaken many of our foundational environmental protections and the ability of the public and state governments to protect their interests and precious resources. While the bill has some worthwhile aims, including supporting renewable energy development, the damage it would cause is far too great to accept.

Less environmental review, less public input

The bill would greatly impair environmental reviews under the National Environmental Policy Act (NEPA), the Clean Water Act, the Clean Air Act, the Endangered Species Act, and other basic laws. A primary flaw in BAAJA is that it greatly restricts the public’s voice in decisions that affect their lives and futures.

The bill would also, in some circumstances, shift the burden of proof to those attempting to prevent damaging projects, creating a presumption that destructive activities are acceptable. This seems to create a right to pollute, which should never be granted.

What’s at stake for clean water

Of particular concern is the damage this proposal would do to the Clean Water Act. When Congress created this law in 1972, it made clear that Section 401 was meant to preserve the historic rights and powers of states to protect their environments and people, including the ability to deny certification for federally permitted projects that violate state water-quality requirements. This bill would narrow the scope of issues that states can consider in making their decisions and limit their abilities to protect water resources. For example, for interstate gas pipelines and transmission lines, it would limit Section 401 review to direct discharges. That could leave states and tribes unable to address other harms from these projects, including erosion, contaminated runoff and damage to wetlands and streams.

Speak up for clean water

Please act now to oppose these harmful changes. A Senate vote is projected for November 9. Contact Virginia’s senators and tell them this proposal is unacceptable and that real permitting reform must not undermine the protections we need and value.

Call Senator Kaine’s office at (202) 224-4024 today or send a message to him at his website through this link: https://www.kaine.senate.gov/contact/share-your-opinion

Call Senator Warner’s office at (202) 224-2023 or write a message at https://www.warner.senate.gov/contact/write-to-mark/