Democrats could pass significant energy legislation during the lame-duck session before the new Congress arrives, according to supporters of the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA).
The bill aims to make building all forms of energy infrastructure easier by revising rules governing ocean-powered turbines, geothermal plants, and other systems. It has united fossil fuel companies and green energy firms in support, though it has split the climate movement.
Some climate advocates argue the legislation rolls back environmental protections and clears the way for new gas pipelines and power plants that will increase emissions. Jeremy Symons, president of the Center for Energy and Environmental Analysis, said "This is not the permitting deal that we were promised," citing its "historic environmental protection rollbacks."
Other climate supporters contend the bill benefits decarbonization. Jane Flegal, a senior fellow at the Searchlight Institute, argued that a permitting system making it easier for everyone to build "should advantage the nonincumbent" over fossil fuels, which are the incumbent technology.
The current permitting system creates barriers to energy development. The National Environmental Policy Act requires federal agencies to study ecological consequences before authorizing projects. An analysis found that in 2024 alone, the median federal environmental impact statement took more than two years to complete, and 28 percent of major infrastructure projects requiring such statements faced litigation before construction began.