Oppose S`5653: Do Not Fast-Track Permits at the Expense of Communities

I urge you to oppose the Bipartisan American Affordability and Jobs Act, S. 5653. The bill is presented as a way to build infrastructure faster, but its approach risks weakening public oversight and making harmful decisions harder to challenge or correct. The bill would impose tight deadlines on environmental reviews and legal challenges. It would also restrict who can bring some lawsuits and, in many cases, direct courts to send permits back for reconsideration rather than halt them, even after finding legal problems. A 150-day deadline for certain challenges could leave affected residents, Tribes and local governments little time to understand a project and prepare a case. Faster decisions are not necessarily better decisions when the public has less opportunity to identify risks. S. 5653 would also narrow the scope of state and Tribal reviews under Section 401 of the Clean Water Act, require decisions within prescribed time limits and treat missed deadlines as waivers in some cases. These provisions could limit the ability of states and Tribes to protect water resources affected by federally permitted projects. The bill’s changes to endangered-species and historic-preservation reviews raise similar concerns: deadlines and procedural limits can weaken meaningful consultation and scrutiny. I recognize that permitting delays can be costly and that the nation needs reliable energy, transmission and infrastructure. The bill also includes worthwhile measures, including requiring large data centers to cover grid costs they cause. But that goal does not justify broadly limiting environmental review, narrowing public participation or making permits more difficult to challenge after they are issued. Congress should target avoidable delays while preserving strong safeguards, transparent review and access to courts. Please oppose S. 5653, and work toward permitting reforms that improve agency coordination and staffing without sidelining communities, Tribes or the laws intended to protect public health, water, wildlife and historic places. A durable permitting system should deliver projects efficiently while ensuring that decisions are lawful, informed and accountable.