Lobbying Intensifies Over Bipartisan Permitting Bill BAAJA

Third-quarter lobbying disclosures show extensive efforts to influence the Bipartisan American Affordability and Jobs Act, a permitting bill also known as BAAJA. The disclosures repeatedly identify the legislation by name, acronym or bill number. Lawmakers introduced the bill on September 30, the quarter's final day. The disclosures were due October 20 and reveal lobbying during the drafting and negotiation process.

The lobbying also includes organizations whose filings describe permitting legislation without specifically identifying BAAJA. The U.S. Chamber of Commerce and the National Association of Manufacturers are among those organizations. Industry participants include the American Petroleum Institute, Edison Electric Institute, American Forest & Paper Association, National Mining Association and Data Center Coalition. Environmental organizations involved include Earthjustice, the Nature Conservancy and Defenders of Wildlife. The Solar Energy Industries Association is among the low-carbon power trade groups involved.

Individual companies are also lobbying on the legislation. Participants include Chevron, BP, Duke Energy, Southern Company and geothermal startup Fervo. Caterpillar, Schneider Electric and Cummins are involved as well.

The National Mining Association's disclosure identifies BAAJA provisions that would alter permitting under the Clean Water Act. Those provisions cover state water quality reviews and restrictions on lawsuits contesting permits. The Interstate Natural Gas Association of America lists BAAJA provisions concerning interstate natural gas pipelines among the association's lobbying subjects. The association also lists other proposals concerning pipeline permitting.

The latest disclosures coincide with growing disagreements over the bill. The Interior Department this week asked a federal judge for permission to reconsider the Biden-era approval of Avangrid's planned New England Wind project off Massachusetts. Senator Sheldon Whitehouse, a Democrat from Rhode Island, warned that the move threatens a permitting agreement. The request follows other Trump administration actions against projects that had already received approval.

However, an administration official characterized the filing as a procedural step in litigation brought by other project opponents. The official said the filings defend the current government's position in court. The official said the administration had been transparent about the need to reform permitting. The official also said the administration had communicated transparently about all the legal filings with the teams of Senators Whitehouse and Martin Heinrich, the bill's Democratic co-authors.

Punchbowl News reported this morning that Democratic attorneys general from nine states expressed "substantial concerns" about the bill in a new letter to lawmakers. Public campaigning and private negotiations are expected to intensify before the first procedural vote on November 9 and during the following days and weeks. The next disclosures, covering October through December, should reveal more about the interests seeking to influence the legislation.