Bipartisan senators and House members advanced a series of legislative proposals recently aimed at accelerating the federal permitting process for energy, infrastructure, and manufacturing projects. In the Senate, a group of lawmakers announced the Bipartisan American Affordability and Jobs Act (BAAJA) during the week of September 28, 2026. This follows the earlier introduction of the Energy Permitting Reform Act (EPRA) by Senators Joe Manchin (I-WV) and John Barrasso (R-WY). Concurrently, the House of Representatives passed two measures: the Reducing and Eliminating Duplicative Environmental Regulations Act (RED Tape Act) and the Foreign Emissions and Nonattainment Clarification for Economic Stability Act (FENCES Act).
The proposals seek to address a federal permitting system that currently averages 4.5 years for energy projects and 7.5 years for transmission lines. Supporters, including Rep. Brett Guthrie (R-KY), argue that certain Clean Air Act and National Environmental Policy Act (NEPA) requirements create redundant costs and delays. Opponents of the proposed changes to judicial review argue that shortening the timeframe for legal challenges could prevent the filing of legitimate environmental complaints.
The BAAJA proposal would mandate that lawsuits against approved projects be filed within 150 days and limit standing to those who participated in public comment periods or face direct harm. In the House, the RED Tape Act would eliminate a Clean Air Act requirement for the Environmental Protection Agency (EPA) to review Environmental Impact Statements (EIS) when other agencies are already conducting them. The FENCES Act would change how states meet air quality standards by clarifying that foreign emissions, including natural events like wildfires, should not be counted against domestic air monitoring data.
A person living near a proposed energy project would notice a condensed window to file legal challenges—moving to a 150-day limit under the BAAJA proposal. In states struggling to meet federal air quality standards, local manufacturers and residents might see changes in regulatory status, as the FENCES Act would prevent the EPA from penalizing states for pollution originating outside U.S. borders. Proponents suggest this could lower costs for consumers and increase investment certainty for businesses by avoiding federal sanctions tied to foreign emissions.
The proposed reforms also include categorical exclusions for renewable energy and storage on public lands, meaning certain low-impact activities would skip the full NEPA review process. The legislation aims to address a backlog where over 60,000 megawatts of clean energy capacity faced permitting delays last year. Following the House passage of H.R. 6398 and H.R. 6409, the focus moves to the Senate. No specific dates for Senate votes or committee markups were reported.