Bipartisan Energy Affordability Opportunity During Lame Duck 

American voters have spoken. And in our 250th anniversary year, it’s encouraging to know that our constitutional order has survived another election.  

Yes, we finalize our political battles in the private voting booth.  

It appears yet again that the majority of American voters prefer a divided government to coerce political consensus. 

As Congress prepares to return for a postelection legislative session, there are major items on its agenda, and hopefully personal agendas can be set aside on behalf of some needed reforms for its constituents. 

On Nov. 9, the Senate will vote to consider the Bipartisan American Affordability and Jobs Act. This bill proposes to reform the federal environmental review and permitting processes with the goal of delivering cheaper energy, more jobs, and responsible growth across the United States. 

The bill has been introduced by the Republican chairmen and ranking Democrat members of the Senate Environment and Public Works Committee and the Senate Energy and Natural Resources Committee. Despite this high-level support from Democrat committee leaders, it’s not certain that Democrat senators will provide enough support to reach the 60-vote threshold necessary under Senate rules to proceed to consideration of the bill. 

After running a midterm elections campaign in which Democrats repeatedly professed their concern about affordability, it’s time to transform their campaign rhetoric into votes to proceed to Senate consideration of this legislation and final passage in both houses of Congress before the end of 2026. 

As an advocate for limited government and free market economic policies, I joined Americans for Tax Reform President Grover Norquist and other coalition leaders in calling on the Senate to pass this legislation expeditiously. Our call points out that BAAJA will “lower energy costs, speed up approval of critical infrastructure projects, curb superfluous litigation, and give builders and investors the certainty they need to commit capital.” 

Urgently needed energy and infrastructure projects currently spend years under review before they can even begin. Approvals can be delayed by redundant paperwork, blocked by a single state for political reasons or tied up in litigation long after a permit is issued. Left-wing activists, who oppose entire categories of American energy production, use these tedious review processes to stall or stop projects. 

These delays discourage investment and reward obstruction, leaving America more dependent on foreign energy sources. The costs are passed on to families and businesses through higher energy costs and fewer jobs. 

The North American Electric Reliability Corporation has warned that 13 of 23 regional assessment areas will face resource adequacy challenges over the next 10 years. Other data shows that electricity demand is growing at its fastest pace since 2000 and that residential prices are up nearly 5% this year. 

The Americans for Tax Reform coalition letter to Senate leaders points out that “With these growing problems, lawmakers must act to ensure more growth to keep up with rising demand. Otherwise, Americans will see even higher energy bills and face a less reliable grid.” 

As data centers drive demand for more power, the Bipartisan American Affordability and Jobs Act will require them to pay for all of their associated transmission costs. It will also ensure that the centers pay their fair share of the grid updates they require.  

The postelection legislative session, colloquially known as a lame-duck session of Congress, includes members who have run for other offices, decided to retire, or just lost their campaigns. Attendance and attentiveness can become challenging, but most members recognize that they have an obligation to serve their constituents and the nation during the remaining weeks of this term. 

Permitting reform is one of several issues that will be addressed in the lame-duck session. There is important work to be done, and the American people deserve a bipartisan commitment toward delivering cheaper energy, more jobs, and responsible growth. We don’t want lame excuses from the lame-duck Congress. It’s time to put the election behind us and get our economy firing on all cylinders. 

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