OPINION — A bipartisan permitting bill headed for a Senate vote right after the election would give President Donald Trump and Interior Secretary Doug Burgum two years to approve data centers, nuclear facilities and fossil fuel projects on public lands, then make those approvals nearly impossible to reverse, according to a new analysis from the Center for Western Priorities.
The Bipartisan American Affordability and Jobs Act, written and sponsored by Sens. Mike Lee, Shelley Moore Capito, Martin Heinrich and Sheldon Whitehouse would be disastrous for public lands:
- Industry lock-in: Section 1401 bars agencies from altering any permit in effect on or after Sept. 16, 2026, unless they meet a “clear and convincing evidence” standard far higher than agencies normally face.
- Public lock-out: Courts could no longer pause projects with botched environmental reviews. Construction would continue while reviews are redone, agencies could not act on what they find and challengers would get just 150 days to sue.
- Taxpayer price tag: Section 1402 would make taxpayers pay developers 50% to 100% of construction costs if a future administration slows a whole category of projects, such as gas plants or nuclear fuel facilities, with money drawn from a Treasury fund that requires no vote of Congress.
