New York Needs NEPA

Permitting “Deform” Cuts the Public Out

Efforts to gut environmental laws are often called “permitting reform,” because the goal is to make it easier for projects to receive permits from the federal government — even if they would otherwise be found to be destructive. This will mean continued dependence on fossil fuels, increased pollution in our communities, and fewer protections against harmful projects — from power plants to hyperscale data centers.

NEPA codifies procedures that determine the potential environmental impacts of project proposals. The Environmental Assessments or Environmental Impact Statements required under NEPA allow adequate time for public engagement and comment and ensure thoughtful decision making on federal projects.

In the fall of 2026, the U.S. Senate introduced a new bill taking aim at NEPA and the Clean Air and Clean Water acts, titled the Bipartisan American Affordability and Jobs Act (BAAJA). This bill argues that we must sacrifice public participation and protection in order to allow for rapid, unregulated development, regardless of whether that development is an energy transmission project, a solar farm, or a fracked gas power plant or hyperscale data center.

BAAJA also includes a sinister provision called “permit certainty” that guarantees that once a permit is received, it is active forever, restricting future federal administrations from reversing course or intervening. BAAJA directly undercuts states’ abilities to regulate air and water pollution, and instead hands over that power to the federal government. The bill weakens Clean Water Act safeguards, which will lead to more pollution of our waterways and fewer options for recourse. Some supporters in Congress say that fast-track permitting processes will lead to more renewable energy projects, not just fossil fuel projects. However, the current federal administration is attacking — not supporting — renewable energy projects as we speak. And every new fossil fuel project is a dangerous leap in the wrong direction, particularly for Environmental Justice communities.

We Cannot Afford to Move Backwards

New fossil fuel projects will make New Yorkers sick and cut lives short, increasing healthcare costs amidst an ever-growing cost of living crisis. This is the last thing that New York families need at a time when the congressional majority and the White House have made devastating cuts to Medicare and Medicaid. Additionally, New York’s Climate Plan found that the cost of inaction (continued reliance on and expanded use of fossil fuels) would cost New Yorkers $115 billion more than the cost of transitioning off fossil fuels entirely.

Congress has signaled plans to attempt to pass BAAJA in the lame-duck session after Election Day 2026 and before the end of 2026. That does not give us much time to voice our opposition. The BAAJA bill would limit the scope of environmental review, restrict public participation, and weaken state and Tribal authority. New York State cannot sacrifice the ability to safeguard our air, land, and water and allow Congress and the federal administration to steamroll our safety standards and greenlight harmful projects.