America Cannot Build Fast Enough. Congress Can Change That.

The energy demand in the United States is climbing at staggering rates. Critical infrastructure and necessary energy projects are being halted, not because of financing or engineering constraints, but because of permitting delays. A broken federal permitting system poses a structural threat to the American people and our competitiveness.

Americans for Free Markets (AFFM) advocates for pro-growth, free market policies over government-imposed regulations and red-tape to streamline processes necessary for American prosperity. This fall, AFFM Executive Director David Ibsen signed two coalition letters urging Congress to pass the Bipartisan American Affordability and Jobs Act (BAAJA) of 2026. On November 9, the Senate voted 73-25 to advance the legislation, clearing a key procedural hurdle demonstrating strong bipartisan support for permitting reform. Now, the Senate can move towards final passage, with the House then having an opportunity to act on the most consequential permitting reform bill in a generation.

Our Support: On October 30, 2026, Ibsen signed a coalition letter led by Securing America’s Future Energy (SAFE) and Citizens for Responsible Energy Solutions (CRES) with 15 other organizations to Congress. On October 27, 2026, Ibsen signed a second coalition letter headed by the Pacific Legal Foundation, which was signed by more than 40 organizations committed to free markets, property rights and energy abundance, to Congress.

Excessive American Expenditures: The average time to develop, build and permit a new mine in the United States is 29 years. The bulk of this delay is in the lengthy permitting process required. This reflects a process that is subject to litigation exposure, procedural ambiguity and regulatory unpredictability. Every year that projects sit in permitting limbo, costs rise. It starts with developers, but is eventually passed down to consumers, businesses competing against foreign counterparts and the communities needing the infrastructure. Without passing the bill, America will fall behind global competitors and become more dependent upon foreign markets.

Corrections to Stifling Statutes: BAAJA doesn’t eradicate environmental laws; rather, it identifies procedural mechanisms that cause delays and fixes them. BAAJA reaffirms the National Environmental Policy Act and shortens the statute of limitations for legal challenges to 150 days, replacing years of potential litigation exposure with a 150-day deadline for legal challenges. It refocuses Clean Water Act Section 401 certifications on actual water quality concerns to effectively close a mechanism that has allowed preemptive vetoing of projects unrelated to the original purpose. Additionally, the bill reforms transmission policy to keep pace with the rising electricity demand, streamline infrastructure permitting, unlock energy development and bring predictability to the mining permitting process.

Permitting reform demands immediate, bipartisan attention. The Senate’s procedural vote was an important step forward, but the legislation still needs final passage. The Senate should build on this bipartisan momentum and pass BAAJA, allowing the House to act and move Congress closer to delivering reforms that support American innovation, economic growth and affordability.