For Immediate Release, October 28, 2026
|
Contact: |
Brett Hartl, (202) 817-8121, [email protected] |
140+ Groups Urge Congress to Reject ‘Project Certainty’ in Permitting Bill
WASHINGTON— More than 140 environmental groups warned members of Congress today about the potentially catastrophic consequences of the “project certainty” provisions in the so-called Bipartisan American Affordability and Jobs Act of 2026.
The provisions could block federal agencies under the next president from taking strong action to address the climate crisis, toxic pollution and other harms to the environment.
Today’s letter urges Congress to reject the vague and overbroad language in the bill prohibiting agencies from taking any actions that “interfere” with “operation at full capacity.” This language could gut any federal agencies’ abilities to take routine actions, including routine enforcement, to protect people and the environment because the bill does not define what it means for an agency to interfere with a project.
The environmental groups’ concerns echo warnings from others including the Environmental Protection Network, a network of more than 800 former EPA career staff and political appointees, as well as independent legal scholars and a prominent former Department of Justice lawyer.
John Podesta, former White House chief of staff, stated on Friday that project certainty provisions represented “a huge mistake” and will hand President Trump “a loaded howitzer to go after public lands, to permit stuff that even if it’s illegal can’t be reversed by the courts.”
“Project certainty is the Death Star that will leave the EPA and many other federal agencies virtually powerless for the next president,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “Permitting bill proponents have been so fixated on Trump’s war on offshore wind that they didn’t even consider how their deal will harm the next president’s ability to govern. The fossil fuel industry and tech oligarchs must be salivating over these provisions. Project certainty will accomplish what Elon Musk and DOGE never dreamed possible — the full evisceration of the EPA’s power.”
The letter highlights the most dangerous consequences of the project certainty provisions:
The groups warn in the letter that “Section 1401’s financial penalties and potential for gross abuse makes Donald Trump’s January 6th Slush Fund look like pocket change in comparison.”
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places.