BAAJA permitting bill would limit project lawsuits to 150 days

  • Bipartisan senators announced BAAJA, a permitting reform bill for infrastructure and energy projects.
  • BAAJA would require project lawsuits to be filed within 150 days of approval.
  • The bill's passage remains uncertain despite support from legislators and leaders in both parties.

A bipartisan group of senators this week announced the Bipartisan American Affordability and Jobs Act, or BAAJA, a permitting reform bill designed to speed construction of infrastructure, particularly energy projects. Its passage is uncertain, although the proposal appears to have support from numerous legislators and leaders in both parties. The bill would require lawsuits against approved projects to be filed within 150 days, restrict who can bring them, and narrow the grounds on which states and the Environmental Protection Agency (EPA) can block projects under the Clean Water Act. It would also change the Endangered Species Act's standard for best available science, drawing opposition from Democrats and environmental advocates. BAAJA would give FERC (U.S. electricity market regulator) authority to approve power lines when states do not, require consolidated regional transmission planning and make large data centers cover their incremental electricity and grid-upgrade costs. The legislation would also protect permits approved before Sept. 16 from revocation except in limited circumstances, covering renewable and fossil-fuel projects alike.

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