This Bipartisan Energy Deal Could Clear the Way for Trump’s Arch
Now that the most historic midterm election in memory is almost over, some of the more mundane, and yet potentially significant, issues in the new political landscape are emerging. One of them—far less dramatic than a Blue Texas, the first Black woman Governor, and the “epic fail” of Republican gerrymandering—is a controversial permitting reform deal […]
The Bipartisan American Affordability and Jobs Act (BAAJA) is set to undergo a vote in the lame-duck Senate this Monday, aiming to ease regulatory barriers in a notoriously antiquated permitting system. Introduced by a bipartisan group of senators comprising Sheldon Whitehouse (D-RI), Heinrich Martin (D-NM), Mike Lee (R-UT), and Shelley Moore Capito (R-WV), the bill seeks to overhaul federal environmental regulations and review standards to expedite the development of essential infrastructure projects such as transmission lines, power grids, power plants, and gas pipelines.
Renewable energy companies and think tanks have applauded the potential for a surge in renewable energy projects, including offshore wind and solar farms, which often encounter lengthy review processes. However, environmentalists, activists, and lawyers have expressed concerns over the bill's potential to weaken environmental protections. They argue that the bill could serve as a Trojan Horse for the fossil fuel industry, allowing it to proceed with construction efforts unhindered.
Beyond its energy impact, critics also contend that the bill would jeopardize historical and cultural regulations, potentially undermining tribal sovereignty and federal public lands, including those in Washington, DC. President Donald Trump, obsessed with various "beautification" projects, has overseen the construction of elements such as a gilded White House Ballroom and the Triumphal Arch near Arlington National Cemetery without congressional approval. Despite legal challenges, some of these initiatives have proceeded.
Historic preservation groups argue that the BAAJA could remove a crucial barrier to Trump's construction projects by altering the National Historic Preservation Act (NHPA), a law enacted in 1966 to protect both celebrated and obscure historical and archaeological sites. The act, championed by First Lady Lady Bird Johnson, required federal agencies to consider the impacts of their actions on historic properties and consult with experts in preservation, archaeology, and landscape architecture.
However, the BAAJA would reportedly gut Section 106 of the NHPA, which mandates federal agencies to assess the effects of their actions on historic properties and places while consulting with preservation experts. Christopher Cody, senior associate general counsel for the National Trust for Historic Preservation, warned that this provision would eliminate all Section 106 consultation for federal agencies' projects in Washington, DC, effectively granting them full autonomy to determine whether any adverse effects would result from their construction efforts.
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