Next week, the US Senate is scheduled to debate and vote on the bipartisan American Affordability and Jobs Act of 2026 (BAAJA).p. 5653), a settlement that allows for a reform agreement. Before the scheduled vote David Arkush, director of the Public Citizen Climate Program, He issued the following statement:
“We appreciate the effort and care that Senators Whitehouse and Heinrich took to reach a compromise to facilitate the construction of much-needed clean energy and protect taxpayers from being immersed in Big Tech’s voracious data centers. The bill’s provisions on transportation and taxpayer protection are strong, desperately needed, and must be enacted. Unfortunately, the bill’s flaws are larger, more pressing, and more certain.
“The bill seriously weakens the Clean Water Act and the Endangered Species Act, and weakens the National Environmental Policy Act and the National Historic Preservation Act. It accelerates the permitting of all types of projects, and then makes it virtually impossible to regulate them, or even enforce existing rules against them, without an act of Congress. Among other effects, the bill would open the door to a significant increase in liquefied natural gas exports and facilitate the hasty and reckless construction of fossil gas-powered data centers. The bill would make it more difficult to relax, regulate, or change these measures.” Subsequently, regardless of what public health, climate destruction, or public sentiment requires, the bill also includes huge giveaways to the mining industry.
“There is also the issue of President Trump’s implementation. We do not trust that he will adhere to the letter or intent of the law. Regardless of what the law says, we expect him to spend two more years on a reckless and expensive fossil fuel construction spree while working to block clean energy. Under BAGA, his actions will form much of the baseline from which courts will evaluate whether future administrations discriminate against a particular form of energy.”
“In the November 3rd election, voters across the country resoundingly rejected data centers. This is not the time to pass a bill that enables Big Tech companies to push them forward, powered by fossil fuels, over the objection of local communities.
“Just as important is that the composition of Congress will change dramatically in January. A much better deal will likely be reached then — one that enacts the important and laudable provisions of this bill, and more, without too many sacrifices.”
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