What Is BAAJA, and Why Does It Matter to Me?

What is the Bipartisan American Affordability and Jobs Act? 

BAAJA is a federal permitting-reform bill introduced in the Senate on September 30, 2026. It would modernize how agencies review infrastructure projects and how courts handle certain challenges to permitting decisions. 

Permitting reform means improving how government reviews and approves projects like pipelines, power plants, and transmission lines. According to the American Petroleum Institute (API) explanation of the bipartisan legislation , BAAJA would focus environmental reviews, reinforce permitting deadlines, and set clearer rules for legal challenges. 

Why does BAAJA matter to me? 

Pipelines and power lines connect energy supplies to homes, schools, hospitals, and businesses. When these projects are delayed, so are their benefits. A more predictable permitting process could help with: 

• Energy costs: Fewer unnecessary delays could limit added financing, labor, material, and legal costs, and help energy supplies reach consumers. 

• Reliability: New and upgraded infrastructure helps the energy system keep pace with demand. 

Jobs and local investment: Greater certainty helps projects move from planning to construction, supporting workers, suppliers, and local businesses. 

How would BAAJA modernize the permitting process? 

Judicial review is how courts decide whether a government decision complies with the law. Even after a permit is issued, litigation can delay construction. BAAJA would: 

• Set a clearer filing deadline: Covered challenges would generally need to be filed within 150 days of the applicable public notice or decision, unless a shorter legal deadline applies. This is a deadline to file, not to finish, a case. 

• Require a direct basis for a challenge: Challengers would need to allege actual or imminent injury amounting to direct harm. 

• Require concerns to be raised earlier: Issues would generally need to be raised with sufficient specificity during the administrative process before being used to challenge a final decision. 

• Allow errors to be fixed: Covered permits could stay in effect while agencies correct deficiencies a court identifies, subject to the bill’s provisions and exceptions. 

Sending a decision back to an agency to fix is called remand; setting it aside is vacatur. BAAJA emphasizes correcting errors without automatically invalidating a permit, but it would not eliminate every legal challenge or every circumstance in which a court could stop a project. 

How would BAAJA change NEPA review, and what does the EPA do? 

NEPA (the National Environmental Policy Act) is a law; EPA (the Environmental Protection Agency) is a federal agency. NEPA requires federal agencies to assess the environmental effects of proposed actions before making decisions , and the agency responsible for an action generally leads its review. EPA separately reviews and publicly comments on environmental impact statements prepared by other federal agencies . NEPA review is not simply “EPA approval.” 
 
Three key BAAJA priorities for modernizing NEPA include: 

• Keep reviews focused on environmental effects consistent with the agency’s authority and the project under review. 

• Preserve efficient review options, such as broader programmatic reviews where appropriate. 

• Clarify the alternatives analysis so a review’s purpose, need, and reasonable alternatives reflect the applicant’s goals and the agency’s legal authority. 

The intended result: a clearer understanding of what a review must cover and how a decision will be reached. 

What would BAAJA change under the Clean Water Act?

BAAJA would change two Clean Water Act provisions that affect infrastructure permitting: 

• Section 401 water-quality certifications: clearer, more predictable reviews focused on water quality. 

• Section 404 permits for dredged or fill material: longer-lasting general permits for qualifying activities, including oil and natural gas pipeline activities. 

What would change for Section 401 water-quality certifications? 

How it works today: Under Section 401 of the Clean Water Act , applicants for certain federal permits that may result in a discharge into U.S. waters generally must obtain certification from the relevant state, Tribe, or other certifying authority. Existing law already generally caps the certification period at one year. 

What BAAJA would change?

• Focus certification on water-quality compliance. 

• Clarify application requirements and when the review clock starts. 

• Address withdrawal-and-resubmission practices that can extend timelines. 

What would change for Section 404 permits? 

How it works today: Section 404 governs permits for discharging dredged or fill material into U.S. waters. Nationwide permits issued by the Army Corps of Engineers offer a general pathway for categories of activities with minimal environmental impacts. Nationwide Permit 12 covers qualifying oil and natural gas pipeline activities. 

What BAAJA would change: 

• Extend the maximum term for Section 404 general permits from five to ten years. 

• Require the Army Corps of Engineers to maintain certain nationwide permits, including Nationwide Permit 12. 

• Clarify how qualifying linear projects are treated. 

Projects would still need to qualify for and meet the permit’s requirements. 

Why does permitting reform matter now? 

Energy demand is growing, infrastructure takes years to develop, and Congress now has a bipartisan proposal to change the process. In its October 5 explanation of why permitting reform is within reach , API highlighted the bipartisan agreement and urged Congress to complete the package in 2026. 

Infrastructure decisions made today can affect energy availability and reliability for years, and delays can postpone benefits while construction and financing costs keep accumulating. 

Would BAAJA eliminate environmental protections? 

No. BAAJA would amend environmental-review and permitting rules, not repeal NEPA or the Clean Water Act. It would, however, change the scope of some reviews, certification requirements, and court remedies.

Could people still comment on projects or challenge permits if BAAJA is passed? 

Yes. Public participation and judicial review would remain, but some legal challenges would face new requirements, including filing deadlines and when concerns must first be raised. Commenting during an agency’s public-comment process would remain important. 

How can I take action? 

• Stay informed: Join Energy Citizens for updates on energy affordability, reliability, and permitting reform. 

• Learn more: Explore how permitting reform can help America build needed infrastructure . 

• Contact your elected officials: Tell lawmakers you support bipartisan permitting reform and a clearer process for delivering the energy Americans depend on.