What Happened?

If your state tries to block a pipeline or energy project on water-quality grounds, a bipartisan Senate bill introduced September 30 would narrow state authority over water quality certifications. ​

The Bipartisan American Affordability and Jobs Act (BAAJA) of 2026 was introduced Sept. 30, according to a Legis1 review of a Congressional Research Service (CRS) report on federal permitting.

The bill would change the Clean Water Act in the following ways:

  • State certification limits: States could only block a project based on a narrow set of federal water-discharge rules, not broader environmental effects.
  • Longer permit terms: Discharge and dredging permits would run ten years instead of five.
  • Tighter lawsuit window: Lawsuits challenging Section 404 actions would have to be filed within 150 days, and courts would face limits on vacatur.

Why Does it Matter to Me?

Under BAAJA, a state could only deny a water quality certification, the formal sign-off required before a project can proceed, if it showed "clear and convincing evidence" that no modification could bring the project into compliance. That is a higher bar than current practice, where states have broader discretion to weigh environmental risks.

The CRS found the bill's Section 404 general permit changes are "likely to increase" the number of activities eligible for nationwide permits, and could shorten permitting timeframes for those activities.

The CRS also flagged that a key term in the bill, "direct point source discharge," used to define which projects fall under the narrowed review, "is unclear" in how broadly it would apply to pipelines and transmission lines.

Both Sides, Now

Supporters argue that streamlining permitting lowers costs and speeds up energy and infrastructure projects, and the bill's bipartisan authorship reflects backing from lawmakers across party lines. Congress has not yet approved it.

Critics say the bill would weaken state oversight. The United States Court of Appeals for the Fourth Circuit previously vacated West Virginia's water quality certification for the Mountain Valley Pipeline, finding the state's review inadequate, a case opponents cite as evidence that court oversight of certifications serves a real protective function.

The Virginia Mercury reported that Mountain Valley Pipeline agreed to pay Virginia $2.15 million over erosion, sediment-control and other water-quality violations, and opponents cite the settlement as evidence of measurable harms that state certification is meant to prevent or remedy.

What Happens Next?

BAAJA was referred to the Senate Committee on Energy and Natural Resources on Sept. 30 and carries a status of "Introduced," with no further action recorded. The committee would need to approve it before the full Senate could vote.

If the bill does not advance before the current Congress ends Jan. 3, 2027, it would have to be reintroduced to remain in play.

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