Why Are We Letting a Lame-Duck Senate Shield Drilling Permits at Taxpayer Risk?

I am writing as your constituent regarding the scheduled November 9 cloture vote on the motion to proceed to H.R. 2347—the legislative vehicle for the Bipartisan American Affordability and Jobs Act (S. 5653)—and why this 417-page bill should not be rushed through during a lame-duck session. While I support accelerating environmental reviews for clean energy and regional grid transmission lines, S. 5653 extends unprecedented statutory protections to fossil fuel, mining, and public-land extraction projects far beyond its stated purpose. The bill creates severe legal and financial risks for federal taxpayers: - Extreme Evidentiary Burdens (Section 1401): The bill prohibits federal agencies from revoking, altering, or amending virtually any energy or mining permit in effect on or after September 16, 2026, unless the agency proves an exception under an onerous "clear and convincing evidence" standard. - Uncapped Taxpayer Payouts (Section 1402): If an agency fails to meet this high legal threshold when correcting a flawed permit, or if project decisions face administrative review, developers can sue for up to 100% of incurred construction costs—paid directly out of the federal Judgment Fund. - Conflating Clean Energy and Extraction: Wind and solar carry median lifecycle emissions of 11 to 48 grams of CO2 per kilowatt-hour, compared to 490 for natural gas and 820 for coal. Granting oil, gas, and hardrock mining leases the same broad judicial shielding as clean infrastructure shifts environmental and financial risks directly onto taxpayers. - Procedural Rush in Lame-Duck: S. 5653 was referred to committee without full hearings or formal markup. Forcing a vote on a major structural overhaul before the newly elected Congress takes office prevents thorough vetting and CBO cost estimation. I urge you to take immediate legislative action: 1. Vote NO on Cloture: Vote NO on the motion to proceed to H.R. 2347 on November 9 to ensure permitting legislation receives full committee hearings and markup in the next Congress. 2. Narrow Protections to Clean Energy: Support amendments restricting Section 1401 safe-harbor provisions strictly to zero-emission clean energy and electric grid transmission projects. 3. Eliminate Judgment Fund Payouts: Remove or strictly cap developer monetary damages under Sections 1401 and 1402 to prevent uncapped claims against the U.S. Treasury. 4. Require Formal CBO Scoring: Mandate a full Congressional Budget Office score detailing potential Judgment Fund exposure before any floor consideration. Reclaim your Article I authority. Protect clean energy growth without writing open-ended checks from the Treasury for fossil fuel permitting mistakes.