Division has spread within the environmentalist movement since the Senate released a bipartisan bill to accelerate approvals for energy infrastructure projects, with some organizations opposing it because it could accelerate the development of fossil fuel projects.
The dissension is an obstacle to the bill’s passage in the House and Senate during the lame-duck session, as some groups have already begun lobbying Democratic members to vote against the legislation.
HERE’S WHAT’S IN THE BIPARTISAN INFRASTRUCTURE MEGABILL MEANT TO ALLOW THE US TO BUILD AGAIN
The bill, called the Bipartisan American Affordability and Jobs Act, is meant to reform the federal permitting process. It was negotiated by some of the top climate hawks in the Democratic Party, who argue that it would make it easier to connect renewable energy sources to the grid. But, to win the votes of Republicans, it also includes measures that would facilitate the development of fossil fuels.
On Monday, more than 200 environmental and climate organizations sent a letter to Democratic leadership, urging the caucus to prevent the bill from advancing out of Congress this year, claiming the concessions made in the bill outweigh the benefits.
Organizations such as the Center for Biological Diversity, Friends of the Earth US, Greenpeace, and the Western Environmental Law Center signed on to the message.
Noticeably, though, some of the largest environmental organizations were not listed, including the League of Conservation Voters, Natural Resources Defense Council, Environmental Defense Fund, and the Nature Conservancy. In fact, some of these groups have avoided saying anything public about the legislation altogether.
And still other outside groups have given strong support to the legislation.
The Washington Examiner analyzed 25 major environmental and climate organizations that have engaged in permitting reform discussions over the last couple of years and detailed who specifically is in support of the new bipartisan bill and who wishes to kill it.
Center for Biological Diversity
The Center for Biological Diversity has voiced its opposition to the BAAJA and was a key driver behind the Monday letter sent to Democrats. The group also helped send two letters to Democratic lawmakers opposing reforms to the Endangered Species Act and Clean Water Act.
The CBD has claimed the legislation would “provide massive long-term structural advantages to the fossil fuel industry and minimal short-term improvements to electricity transmission policy that might marginally benefit renewable energy.”
Earthjustice
Earthjustice did not sign on to the Monday letter and has praised portions of the bill.
Specifically, the group said the legislation is a “genuine policy breakthrough” for building out transmission infrastructure and grid modernization to bring more renewable projects online.
However, Earthjustice said that, in its current form, the bill “asks too high a price for progress” and makes trade-offs that won’t support clean energy development.
Sierra Club
The Sierra Club did not sign on to the Monday letter and has issued a more nuanced response to the bill.
Rather than directly endorsing or opposing the legislation, the Sierra Club identified what it called “three green flags” and “four red flags.”
The group supported measures regarding transmission planning, the federal government’s ability to step in to assist with transmission, and codifying protections for utility ratepayers from data center growth. It criticized provisions reforming the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act, as well as measures establishing permit certainty for fossil fuel projects.
Environmental Defense Fund
The Environmental Defense Fund has not issued a public statement in support or opposition to the bipartisan permitting bill and did not sign the Monday letter.
The group did not respond to the Washington Examiner’s request for comment.
Center for Climate and Energy Solutions
The Center for Climate and Energy Solutions has spoken in favor of the BAAJA, calling it a “critical step forward in modernizing our nation’s electric grid.”
“We need to build new energy infrastructure in America, and build it fast, to meet the challenges and opportunities of the moment,” C2ES added. “These reforms will help make that possible.”
Friends of the Earth US
Friends of the Earth has voiced its opposition to the bipartisan permitting bill and signed on to the Oct. 5 letter to Democrats.
The group said the legislation “eviscerates” parts of the Clean Water Act, weakens the Endangered Species Act, benefits oil and gas companies, and doesn’t do enough to address data centers.
Natural Resources Defense Council
The Natural Resources Defense Council did not sign on to the Monday letter and has said permitting reform is necessary.
The group has not directly said whether it supports or opposes the bill but has said there are “stark tradeoffs being made” based on the text released last month.
“The transmission provisions contained in the bill are desperately needed; the question is do those benefits outweigh the cost of the rollbacks to the foundational environmental laws of this country,” the NRDC said in a release.
Greenpeace
Greenpeace signed on to the Monday letter but has not issued any additional statement regarding its opposition to the bill.
Western Environmental Law Center
The Western Environmental Law Center has publicly opposed the bipartisan legislation and signed on to the Monday letter, as well as two other letters to Democrats opposing provisions reforming the Endangered Species Act and Clean Water Act.
The group has said the bill, if passed, “would prove to be the largest rollback of environmental and public health protections in U.S. history.”
National Wildlife Federation
The National Wildlife Federation has not issued a public statement in support or opposition to the bipartisan permitting bill and did not sign the Monday letter.
When asked for comment, the group told the Washington Examiner it was still analyzing the bill and that it plans to “be in touch with members of Congress” before a permitting reform proposal is taken up after the midterm elections.
Trust for Public Land
Trust for Public Land has not issued a public statement in support or opposition to the bill, and did not sign the Monday letter.
The group was one of several environmental organizations identified as attending a call last week that aimed to identify strategies to kill the legislation.
Trust for Public Land did not respond to the Washington Examiner’s request for comment.
Environmental Law and Policy Center
The Environmental Law and Policy Center signed on to the Monday letter opposing the bipartisan permitting legislation, but has indicated support for some measures detailed in the bill.
Specifically, the group said in a release that certain aspects “may be necessary to streamline important energy projects so they can move forward to building and modernizing infrastructure, deploy cleaner energy, strengthen the electric grid and improve transportation systems.”
However, the ELPC said the Clean Water Act and National Environmental Policy Act should not be weakened as a result.
Defenders of Wildlife
The Defenders of Wildlife has expressed its opposition to the bill and signed on to the Monday letter.
In a separate op-ed published this week, CEO and president Andrew Bowman accused lawmakers of using the Endangered Species Act as a “bargaining chip” in permitting negotiations.
Earthworks
Earthworks signed on to the Monday letter but has not issued any additional statement regarding its opposition to the bill.
Climate Justice Alliance
The Climate Justice Alliance has said it opposes the bipartisan Senate deal and signed the Monday letter.
In a statement, the group said, “We cannot allow the lies to continue, as the facts are clear: If this backroom permitting reform deal is pushed through, it will enable a no-guardrails buildout of dangerous projects that will harm our health and environment, drive up energy costs, and violate our rights.”
Citizens Climate Lobby
The Citizens Climate Lobby supports the BAAJA.
A statement from executive director Ricky Bradley reads: “This bill will make remarkable, rapid progress. … We’re proud to endorse it, and we’re excited to mobilize our grassroots volunteers in full support.”
Climate Leadership Council
The Climate Leadership Council has voiced its support for the Senate bill, with the group saying it was “encouraged by the progress” made by the legislation.
The group said it “looks forward to continued engagement with stakeholders and policymakers as the bill moves forward.”
The Nature Conservancy
The Nature Conservancy has not issued a public statement in support or opposition to the bipartisan permitting bill. TNC advocated permitting reform in January and reportedly joined a briefing with the New Democratic Coalition this week regarding the legislation. Coalition leadership has voiced support for the BAAJA.
TNC, which did not sign the Monday letter, did not respond to the Washington Examiner’s request for comment.
National Audubon Society
The National Audubon Society has expressed cautious support for the Senate permitting bill, publicly calling it an “exciting and complicated legislative opportunity.”
The group praised the provisions setting clear rules for permitting, expanding transmission infrastructure, advancing clean energy resources, and increasing accountability for data center development.
It also said, though, that the bill changes laws “critical to protecting wildlife, communities, and the environment.”
The group did not sign the Monday letter.
The Wilderness Society
The Wilderness Society has not issued a public statement in support or opposition to the bipartisan permitting bill and did not sign the Monday letter.
When asked for comment, the group told the Washington Examiner it was still reviewing the bill text and “trying to better understand its implications for public lands management.”
National Parks Conservation Association
The National Parks Conservation Association has not issued a public statement in support or opposition to the bipartisan permitting bill and did not sign the Monday letter.
The group did not respond to the Washington Examiner’s request for comment.
League of Conservation Voters
The League of Conservation Voters has not issued a public statement in support or opposition to the BAAJA and did not sign on to the Monday letter.
Instead, the group said it was taking the time to “analyze and understand” the full impacts of the legislation and would be consulting with stakeholders most affected by the bill.
Environment America
Environment America has not issued a statement opposing or supporting the Senate legislation and did not sign on to the Monday letter.
Southern Environmental Law Center
The Southern Environmental Law Center opposes the bipartisan permitting bill but did not sign on to the Monday letter.
After the bill text was released, the organization said the legislation “uses the idea of permitting reform as a smoke screen for weakening environmental protections and gutting the public’s ability to challenge major energy projects.”
Endangered Species Coalition
The Endangered Species Coalition has publicly opposed the BAAJA, specifically criticizing reforms to the Endangered Species Act.
The organization also signed the Monday letter.
Pressure on negotiations
As some of the largest environmental nonprofit groups have avoided speaking out against the permitting bill, some Democrats have indicated there is more support within the community than some might think.
“Among the environmental groups, there’s not a knee-jerk reaction to this like you might have expected a few years ago,” said Rep. Scott Peters (D-CA), a member of the Energy and Commerce committee and a longtime advocate for permitting reform.
In 2024, when Congress was considering a similar permitting bill negotiated by then-Sen. Joe Manchin (I-WV) and Sen. John Barrasso (R-WY). Of the 25 groups analyzed by the Washington Examiner, 18 opposed the legislation. Some, such as the Nature Conservancy, avoided releasing a public statement altogether, while others like the Environmental Defense Fund, offered more nuanced statements, supporting some provisions while opposing others.
This time around, Peters said many environmental groups are “really thinking it through” and realizing that the legislation is also meant to lower emissions.
“I think if we optimized around that instead of a lot of extraneous things, which I think unfortunately sometimes enter the discussion, I think the support for this would be really clear in the environmental community as well,” he said.
Rep. Jared Huffman (D-CA), who has advocated punting permitting reform negotiations to the next Congress when Democrats will likely regain the House majority, called for individuals to take more time to consider the bill.
Huffman told the Washington Examiner that the “confusing part of all this angst and drama” is that no one in Congress will be voting on any legislation until after the November elections.
“So the idea that we would somehow not consider the result of the election and what that means for our leverage and our ability to improve this deal is fairly absurd,” Huffman said.
HERE’S WHAT’S IN THE BIPARTISAN MEGABILL MEANT TO ALLOW THE US TO BUILD AGAIN
He also criticized the massive push by energy trade associations and some centrist think tanks to have members accept the legislation at face value or lose any chance of another deal with Republicans.
“My take is simply that everyone should take a little bit of time and review this very carefully and consider the trade-offs, and also consider it after Nov. 3, which we’re going to do anyway,” he said.
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[ H/T Washington Examiner ]
