For energy, renewable, transmission, and mining developers, the Bipartisan American Affordability and Jobs Act of 2026 ("BAAJA") is worth close attention. 

While BAAJA's headline is speed, its value would be project certainty. If enacted, it would incorporate limits to the scope of NEPA review, reduce the number of projects that qualify for NEPA review, require more coordinated federal reviews, and impose a 150-day window for certain challenges to NEPA and project authorizations. It would also generally keep permits in effect during remand and limit agency revocation of already issued federal permits absent extraordinary circumstances, violations, fraud, court orders, or sponsor request. 

For renewable and grid developers, the bill targets the bottlenecks that often determine whether projects are financeable: FERC backstop transmission siting, regional and interregional planning, reconductoring and grid upgrades in existing rights-of-way, interconnection queue modernization, advanced transmission technologies, and offshore transmission coordination. For mining companies, the inclusion of hardrock mill-site reforms to fix restrictions on mining operations triggered by the Ninth Circuit's Rosemont decision, an Abandoned Hardrock Mine Fund, and accelerated review concepts could materially affect mine-plan design and project-risk allocation.

Clean Water Act, Endangered Species Act, and National Historic Preservation Act requirements would remain, but the process would become more deadline-driven, more litigation-conscious, and more focused on getting to “yes” or “no” within a bankable timeframe. If enacted, this bill could reshape development strategy from site control through financing, construction, and litigation planning. However, celebration is not yet warranted. Senate leaders from both parties released the bipartisan permitting reform package on September 30, 2026; it still must clear the Senate and House and may change before enactment.