# Senate Considers Energy Permitting Reforms

The bipartisan Bipartisan American Affordability and Jobs Act (BAAJA), introduced in the Senate on September 30, 2026, would change federal permitting and litigation rules for specified energy infrastructure, including interstate natural gas pipelines. The proposal would allow developers to seek judicial review of certain discriminatory permitting denials or delays and missed project deadlines, with potential remedies including injunctive relief, fees, economic damages, and an award equal to 50–100% of expected construction costs. A Senate cloture vote is expected November 9, 2026—19 days away—and would require 60 votes; the House has not introduced a companion bill. State and local opposition and some environmental claims could continue to affect project schedules even if the proposal advances.

- Pipeline developers, project sponsors, and contractors should assess how the proposed litigation provisions could affect schedule assumptions, permitting risk, and investment decisions; these changes are proposed, not current requirements.
- The November 9 cloture vote is the next stated legislative milestone. The bill’s prospects remain uncertain, including the need for 60 Senate votes and the absence of a House version.
- Companies pursuing affected projects can consider preserving comparable-project, permitting-processing-time, and agency-policy records, which may be relevant to the proposed claims and remedies.

**Jurisdictions:** federal
**Industries:** Energy & Utilities, Construction & Infrastructure
**Topics:** Policy, Regulatory Compliance
**Published:** October 20, 2026

### Government Entities
- United States Senate (U.S. Senate)
- Federal Energy Regulatory Commission (FERC)

### Vendors
- Williams (Pipeline developer)
- Energy Transfer (Pipeline developer)
- TC Energy (Pipeline developer)

### Sources
- [Permitting Reform Bill Would Let Developers Sue Over Federal Delays | ArentFox Schiff - JDSupra](https://www.jdsupra.com/legalnews/permitting-reform-bill-would-let-8992800) - JD Supra
- [What the Senate Permitting Bill Means for Midstream](https://etfdb.com/energy-infrastructure-content-hub/senate-permitting-bill-means-midstream) - ETF Database