# Senate Considers Energy Permitting Reform

The bipartisan Bipartisan American Affordability and Jobs Act (BAAJA), introduced in the Senate on September 30, 2026, remains pending. It would change federal permitting and litigation rules for specified energy infrastructure projects, including allowing developers to seek judicial review of certain discriminatory permitting denials or delays and missed deadlines. A Senate cloture vote is expected November 9, 2026, requiring 60 votes; the House has not introduced a companion bill. If enacted, the proposal could affect project schedules and litigation exposure for energy developers and contractors, though state and local opposition and some environmental claims could still delay projects.

- **Key deadline:** The expected Senate cloture vote is November 9, 2026 (16 days from October 24). The bill is not enacted, and passage is not assured.
- The proposed remedies include injunctive relief, fees, economic damages, and a statutory award of 50–100% of expected construction cost. Project sponsors and contractors can assess potential schedule and litigation impacts and preserve records on comparable projects, permitting timelines, and agency policies, as suggested in the signal.
- The proposal could reduce permitting delays and permit-reversal risk for energy projects, including interstate natural gas pipelines, but does not eliminate state and local opposition or all environmental litigation. Utah’s clean-energy project pipeline is also cited as a potential beneficiary of clearer timelines.

**Jurisdictions:** federal
**Industries:** Energy & Utilities, Construction & Infrastructure
**Topics:** Policy, Regulatory Compliance, Physical Infrastructure
**Published:** October 23, 2026

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

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

### Key Quotes
> everybody agrees it needs to be done.
> — Celeste Maloy, U.S. Congresswoman

### 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
- [Permitting reform for energy faces critical moment in Utah – Deseret News](https://www.deseret.com/opinion/2026/10/23/utahs-energy-future-needs-bipartisan-action-on-permitting) - Deseret News
- [What the Senate Permitting Bill Means for Midstream](https://etfdb.com/energy-infrastructure-content-hub/senate-permitting-bill-means-midstream) - ETF Database