Senators introduce environmental permitting reform bill

On Sept. 30, four U.S. senators introduced the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) to reform the federal environmental review and permitting process. It was referred to the Committee on Energy and Natural Resources (ENR).

The bill would help drive cheaper energy, more jobs and responsible growth across the country, ENR committee officials said in a press release. It would modernize the current energy and infrastructure development permitting process, which is vulnerable to delays from lengthy reviews and prolonged litigation, according to a statement in support of the bill from the American Petroleum Institute (API).

Reforms proposed under the bill include enforced timelines for key reviews and litigation filings; clarifications to the scope of environmental reviews; limitations to the Clean Water Act Section 401 certification; and strengthened protections for projects that have completed the permitting process, API officials said.

"We have an enormous opportunity to build big things again to meet this moment – to build more generation, expand our grid, create more jobs, lower energy costs and make sure we have the energy we need to compete. It should not take decades to build the infrastructure our country needs," said U.S. Sen. Martin Heinrich (D-N.M.), a cosponsor of the bill and ranking member of the ENR committee.

The Intermodal Association of North America (IANA) also issued a statement on the introduction of the bill.

"Efficient, predictable permitting is essential to building and modernizing the infrastructure that keeps freight moving and the U.S. economy competitive," said Anne Reinke, president and CEO of IANA. "We commend the bipartisan work that went into this legislation and encourage the Senate to move it forward. We also urge the House and Senate to quickly reconcile their respective approaches and send legislation to the President that preserves the strongest reforms from both bills."

Association of American Railroads (AAR) officials back the bill, as well. They believe it includes "commonsense provisions" that represent an important step toward comprehensive permitting reform. 

The bill is sponsored by Sen. Shelley Moore Capito (R-W.Va.), chair of the U.S. Senate Environment and Public Works Committee; it is cosponsored by Sen. Sheldon Whitehouse (D-R.I.), ranking member of the environment and public works committee; Heinrich; and Mike Lee (R-Utah), chair of the ENR committee.