A bipartisan Senate proposal to overhaul federal permitting rules drew fierce opposition Wednesday from environmental and wildlife advocates, who warn that the legislation could significantly weaken the Endangered Species Act and other key protections in service of boosting President Donald Trump’s pro-fossil fuel and artificial intelligence agenda.
Senate negotiators—chiefly Democrats Martin Heinrich (NM) and Sheldon Whitehouse (RI) and Republicans Shelley Moore Capito (W.Va.) and Mike Lee (Utah)—reportedly reached an agreement Monday on the text of a sweeping permitting package intended to speed construction of energy and infrastructure projects.
While the full legislative text of the “Bipartisan American Affordability and Jobs Act of 2026" had not been publicly released as of Wednesday, reported provisions have prompted alarm among conservation groups, who warn that the proposal would weaken endangered species protections, shift federal authority and responsibility to states, limit scientific review and judicial oversight, and exempt some projects from key environmental consultations.
“If it comes to pass, this deal would bulldoze America’s most important wildlife law,” Defenders of Wildlife president and CEO Andrew Bowman said Wednesday. “We can build the infrastructure America needs without sacrificing the wildlife we have a responsibility to protect and that Americans cherish. Development should not come at the expense of science, accountability, or the ability of America’s most imperiled wildlife to survive.”
Oil Change International called the proposal “a blatant giveaway to Big Oil and Big Tech.”
“This ‘dirty deal’ threatens to raise electricity prices for working families by accelerating the buildout of energy-guzzling AI data centers and liquefied natural gas export projects," said Oil Change International US campaigns manager Collin Rees. “Our recent research shows that the Trump administration’s support for reckless AI development and greater gas exports drives up energy costs for households.”
Brett Hartl, government affairs director at the Center for Biological Diversity (CBD), said that “this is a climate kill shot that condemns our most vulnerable communities to suffer decades more fossil fuel pollution."
"It’s absurd to ensure our planet chokes with greenhouse gases, gut endangered species protections, and eviscerate the Clean Water Act for what seems to be a nearly meaningless victory against Trump’s war on offshore wind,” Hartl continued. “The minor benefits for renewable energy corporations are massively dwarfed by the gifts to the fossil fuel industry.”
“If this grotesque legislation becomes law, the paltry increases in renewable energy will be instantly devoured by AI data centers,” he added. "The only winners here are Elon Musk, Mark Zuckerberg, tech oligarchs, and the shareholders of fossil fuel companies.”
According to CBD:
Today’s package contains numerous provisions that lock in thousands of fossil fuel projects, including oil and gas pipelines, [liquefied natural gas] export terminals, and expanded fossil fuel drilling onshore and offshore approved by President Trump over the past two years. It also ensures that future fossil fuel pipelines and methane gas-generated electricity can never be challenged in court.
Additional provisions gut parts of the Clean Water Act, including the Section 401 authority of states to protect their rivers and streams from the impacts of building pipelines and the [Environmental Protection Agency’s] Section 404© permit veto authority, which has been used to stop projects like the Pebble Mine in Alaska.
The legislation weakens the National Historic Preservation Act and Tribal consultations, leaving most Tribal nations with no meaningful way to protect their sovereignty when faced with potential fossil fuel projects on their lands.
Furthermore, CBD noted, “the legislation guts the Endangered Species Act by allowing states to take over the Section 7 consultation process with minimal safeguards, turning one of the law’s strongest provisions into a state-run rubber stamp of dangerous projects.”
The Western Environmental Law Center described the proposal as a “five-alarm fire,” warning that it could weaken the Clean Water Act, Endangered Species Act, [National Environmental Policy Act], and other safeguards.
“The permitting deal is a betrayal of public lands, water, and wildlife, and environmental justice values that Westerners depend on,” said Erik Schlenker-Goodrich, the group’s executive director, who warned that the measure could ultimately “hobble the ability of future administrations to enact an ambitious climate and conservation agenda.”
Hartl called out Democrats Heinrich and Whitehouse for “giving away our most cherished environmental laws based on fantastical models that project a renewable energy utopia.”
"They’re rewarding a ruthless fossil fuel industry that will always put its quarterly profits ahead of a livable planet and future generations,” he said. “Trump promised fossil fuel companies that he’d do everything in his power to assist them in his second term, and Sen. Heinrich and Sen. Whitehouse seem hell-bent on helping Trump fulfill that promise.”
Bowman contended that “Congress should be looking for ways to make permitting more efficient rather than a Trojan horse to weaken the Endangered Species Act.”
“Efficiency and conservation are not opposing goals," he added. "A durable permitting bill should deliver both. Congress should not lock in permanent damage to the Endangered Species Act simply to get a deal today.”
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