Sierra Club Opposes Permitting Bill Over Weakened Environmental Protections

Democrats have been given a mandate to fight for a better deal for the American people.

Washington, DC — In the wake of this week’s overwhelming blue wave election, the Senate may still take a vote during the lame duck session on the “Bipartisan American Affordability and Jobs Act of 2026” permitting bill.

While the bill contains provisions that would help boost clean energy and lower energy bills, it also includes troubling provisions that profoundly weaken key environmental protections and limit communities’ ability to have a say in what happens in their neighborhoods.

The Sierra Club cannot support this legislation without fundamental changes. Congressional Democrats must demand the following: 

• Fix permitting certainty provisions to ensure new standards can be applied to protect public health, public lands, the environment, prevent the ability for the fossil fuel industry to sue for billions of dollars over “disparate treatment” for permit delays or denials, and allow future presidents to undo fossil fuel and mining projects illegally fast tracked by the Trump Administration;
• Restore Tribal consultation to honor tribal sovereignty and retain meaningful government-to-government consultation;
• Retain vacatur as a remedy at the court’s discretion when a court finds that project approval was granted unlawfully;
• Ensure states can protect water quality under the Clean Water Act;
• Protect Wildlife Uphold the integrity of the Endangered Species Act concerning federal consultation and the definition of best available science.

Sierra Club Executive Director Loren Blackford released the following statement: 

“The Sierra Club supports updating and expediting transmission and clean energy permitting, and have long advocated for a bill that will lower costs, reduce air, water, and climate pollution, protect communities, and expand America’s grid. As written, this bill achieves critical wins on transmission and potential emissions reduction. However, this does not justify abandoning Tribal consultation, clean water safeguards, and wildlife protections, nor further enabling a rogue president that is waging a war on clean energy. As currently drafted, this bill will hand more power to the executive branch, erode democratic norms, and cause environmental harm to our water, wildlife, and public health protections far beyond the scope of federal permitting. The Sierra Club cannot support this bill as currently written.

“The American people sent a clear message that they are fed up with a lawless president who raises costs with his chaotic and vindictive energy policy. They want a congress that will act on behalf of their interests, not the corporate polluters Donald Trump and Congressional Republicans have prioritized. The current Republican Congressional leadership, which passed the largest attack on affordable clean energy in American history and stood by as Trump waged his expensive and illegal war on clean energy, will be out of power in a matter of weeks.

“Senate Democrats have been given a mandate to act decisively to deliver relief on energy bills and level the playing field for clean energy. They can and must fight for a better deal.”