Three weeks ago, @JaneAFlegal and I wrote a piece for the WSJ outlining the reforms that should be in a permitting deal and the urgency of passage this Congress, especially for Dems. The Bipartisan American Affordability and Jobs Act of 2026 meets the moment.
RT @continetti: 'Mr. Stewart expected the project to be a short-term commitment. How, he remembered thinking, could the show possibly succeed with a middle-aged pacifist captain with a French name and a British accent?'
As someone who spent the better part of their childhood watching and rewatching every episode of TNG (dozens of times in all honesty), this really sucks.
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William Shatner@WilliamShatner
What a heartbreaking week it has been. Sir Patrick Stewart was a friend, a colleague, and a magnificent actor. From the stage to the bridge of the Enterprise, he brought intelligence, grace, and a deep sense of humanity to everything he did. Captain Picard stood for the best of us, and so did the man who played him. I was filled with affection and admiration for him and his work.
My heart goes out to Sunny and his family. He will be deeply missed.
What a heartbreaking week it has been. Sir Patrick Stewart was a friend, a colleague, and a magnificent actor. From the stage to the bridge of the Enterprise, he brought intelligence, grace, and a deep sense of humanity to everything he did. Captain Picard stood for the best of us, and so did the man who played him. I was filled with affection and admiration for him and his work.
My heart goes out to Sunny and his family. He will be deeply missed.
RT @RepNikkiB: As we continue to dig into the BAAJA language, I’m particularly interested in seeing emissions reductions front and center.
RFF has new and encouraging reporting showing the bill could reduce CO₂ emissions by 1.8 billion metric tons through 2041—equivalent to the annual emissions of 4,710 natural gas-fired power plants.
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Callie Patteson@CalliePatteson
Resources For the Future has released its modeling on the Senate permitting bill.
Top findings:
- Increase transmission capacity by 30% by 2041
- Would facilitate 60GW of clean energy in 2028
- Reduce carbon emissions by 1.8 gigatonnes through 2041
RT @SearchlightInst: Monopoly utilities block regional transmission development to keep ratepayer costs high and protect their bottom line. BAAJA will let states refer those bad actors to FERC.
@DavidPomerantz on @heatmap_news: "This extra component will give the whole thing a lot more teeth."
RT @CalliePatteson: Resources For the Future has released its modeling on the Senate permitting bill.
Top findings:
- Increase transmission capacity by 30% by 2041
- Would facilitate 60GW of clean energy in 2028
- Reduce carbon emissions by 1.8 gigatonnes through 2041
RT @BenSchifman: You erred by saying that BAAJA's elimination of vacatur under NHPA and NEPA meant that NRDC's able litigators would have no means of challenging illegally issued permits, full stop.[1]
In fact, there are many other means *other than NEPA and NHPA* for litigators to challenge illegal permits.
For instance, if a permit was issued illegally under a statute like the Clean Water Act S. 404, FLMPA, etc., a court could set it aside under the Administrative Procedure Act (APA), regardless of any NEPA or NHPA claims under BAAJA, as under current law.
The limits on NEPA and NHPA judicial remedies do remove one important tool from plaintiffs, and this would be a major change.
In fact, I wrote a like 40-page report arguing *against* the approach taken in BAAJA (a full bar on vacatur and injunctive relief in NEPA cases)!
But though if we agree that this is not our preferred approach, it's still important to be clear about what BAAJA does and does not prohibit, so that the public and lawmakers can make up their minds based on a clear understanding of the law.
[1] Or at least that is how I interpreted your phrase "there is nothing in the current bill that would allow the lawyers actually fighting these [sic] fight to do that [walk back illegal permits]" in the context of your larger thread agreeing with John Podesta who had made a similarly broad claim.
Podesta's reading of BAAJA is incorrect.
BAAJA’s project certainty title, Title IV, would not stop courts from reversing permits issued illegally under the substantive laws that authorize the permitted conduct.
Nor does BAAJA prevent courts from setting aside permits that violate substantive environmental laws such as the Clean Water Act, Clean Air Act, Endangered Species Act, etc. (Or any other provision of law! Labor law, the Constitution, etc etc etc).
And BAAJA Section 1401(b)(1)(A) expressly allows an agency to revoke a permit when "required to take such action by order of a court of competent jurisdiction."
BAAJA would limit remedies under the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA).
Under BAAJA, if an agency’s environmental or historic preservation review was inadequate, a court could order it fixed but could not "set aside" the underlying permit while the agency made the fix.
But as important as NEPA and NHPA may be to some, they simply are not the entirety of federal law, nor the only basis to challenge federal action.
SCOOP: Former Biden senior climate advisor John Podesta said senators should renegotiate the bipartisan permitting deal & he believes the bill’s permit certainty language hands Trump a “loaded Howitzer” to go after public lands.
For @heatmap_news
RT @JaneAFlegal: be reversed” - substantive protections still apply. C) On the gov breaking the law, 1401 only covers permits "in effect" & projects that have "secured all necessary" authorizations. And if an applicant colludes with the agency, the permit was obtained by fraud, which (C) covers
RT @JaneAFlegal: keeps preliminary injunctions for likely violations of those laws, so a challenge doesn't have to wait out years of construction. B) On nepa nhpa grounds alone, a court can order review redone but can't vacate the permit but that’s not the same as saying "illegal permits can't
RT @JaneAFlegal: not a lawyer & hope folks are working on narrow fixes (not calling the bill a howitzer) but it’s important that a) courts don't need the agency to pull the permit & judge can vacate a permit that violates FLPMA, NFMA, the Wilderness Act or a monument proclamation. And Sec. 1110
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Christy Goldfuss@christygoldfuss
.@JaneAFlegal, I’m sorry, but @NRDC’s team of litigators completely agree with @johnpodesta and the threat the permitting bill is to iconic places across the U.S. Here’s why:
.@JaneAFlegal, I’m sorry, but @NRDC’s team of litigators completely agree with @johnpodesta and the threat the permitting bill is to iconic places across the U.S. Here’s why:
It's an encouraging sign to see projects move right here at home and hopefully — it's just the start. This is exactly the type of progress BAAJA would deliver if enacted.
By speeding up the approval process, we can bring clean energy online faster, expand our energy supply, and most importantly — lower costs for families across the country. Relief can’t wait.
RT @RepNikkiB: It's an encouraging sign to see projects move right here at home and hopefully — it's just the start. This is exactly the type of progress BAAJA would deliver if enacted.
By speeding up the approval process, we can bring clean energy online faster, expand our energy supply, and most importantly — lower costs for families across the country. Relief can’t wait.
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Joshua Siegel@SiegelScribe
SCOOP: The Trump administration is approving 3 more wind projects (2 in Illinois and 1 in Iowa) stalled by the Pentagon in a bid to win Dem support for the bipartisan permitting reform bill. It’s the 2nd tranche of ongoing approvals. Text subscribers got it first!
SCOOP: The Trump administration is approving 3 more wind projects (2 in Illinois and 1 in Iowa) stalled by the Pentagon in a bid to win Dem support for the bipartisan permitting reform bill. It’s the 2nd tranche of ongoing approvals. Text subscribers got it first!
RT @noahqk: If you recall I warned everyone not to ask climate people about permitting reform. But nobody listened, so I conjured up a whole thanksgiving meal analogy about BAAJA and climate progress that my colleagues are mercifully showing you only a small part of here
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Center on Global Energy Policy@ColumbiaUEnergy
If climate policy is a Thanksgiving dinner, the #BAAJA bill is the mashed potatoes, cornbread, and pumpkin pie. 🦃
▶️ CGEP’s @noahqk on why the permitting bill is still a step forward for climate progress.
Listen to the #ColumbiaEnergyExchange podcast episode:
If climate policy is a Thanksgiving dinner, the #BAAJA bill is the mashed potatoes, cornbread, and pumpkin pie. 🦃
▶️ CGEP’s @noahqk on why the permitting bill is still a step forward for climate progress.
Listen to the #ColumbiaEnergyExchange podcast episode:
The Trump administration‘s recent actions reinforce how crucial it is that permitting reform legislation provides protection and certainty for permitted projects. Undermining permitted projects will raise costs for RIers and consumers across the region.
The Trump administration‘s recent actions reinforce how crucial it is that permitting reform legislation provides protection and certainty for permitted projects. Undermining permitted projects will raise costs for RIers and consumers across the region.
RT @JaneAFlegal: This is not true. The exceptions for 1401 that allow a permit to be pulled include: a court order, a material breach or other violation of law, fraud, urgent harm shown by new information, and a request from the permit holder. Courts can still absolutely undo an illegal permit.
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jae holzman@jaeporeon
SCOOP: Former Biden senior climate advisor John Podesta said senators should renegotiate the bipartisan permitting deal & he believes the bill’s permit certainty language hands Trump a “loaded Howitzer” to go after public lands.
For @heatmap_news
SCOOP: Former Biden senior climate advisor John Podesta said senators should renegotiate the bipartisan permitting deal & he believes the bill’s permit certainty language hands Trump a “loaded Howitzer” to go after public lands.
For @heatmap_news
RT @bencahillenergy: Key paragraph: "Oil industry leaders have urged the Trump administration against a wholesale repeal of methane mandates in favor of more modest recalibrations, arguing the Biden-era requirements at times were technologically infeasible, inefficient and costly." Industry associations mostly wanted targeted fixes, as reflected in their public comments.
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Jennifer A. Dlouhy@jendlouhyhc
SCOOP: President Trump is set to unveil a plan to dial back methane mandates on oil & gas operations during a Texas rally Tuesday. He's expected to cast the proposal as a way to encourage more domestic energy production & lower costs. w/ @Zhirji28
SCOOP: President Trump is set to unveil a plan to dial back methane mandates on oil & gas operations during a Texas rally Tuesday. He's expected to cast the proposal as a way to encourage more domestic energy production & lower costs. w/ @Zhirji28