60+ Oregon and Washington Organizations Send Open Letter to Congress Opposing “Permitting Reform” Deal

Today, Sens. Ron Wyden and Jeff Merkley released a statement expressing strong reservations about the Bipartisan American Affordability and Jobs Act (BAAJA). Their statement comes days after 62 groups representing tens of thousands of people in Oregon and Washington sent an open letter to both state’s senators and Democratic representatives urging them to oppose the bill.  

The letter was sent by Columbia Riverkeeper, Oregon Just Transition Alliance, Save Our Wild Salmon Coalition, Association of Northwest Steelheaders, Washington AI Resistance, Oregon Data Center Defiance, and 350.org chapters in Seattle, Portland, Salem, Spokane, Eugene, Wenatchee, and Deschutes County, among other groups.

Other prominent political leaders from the Pacific Northwest have also expressed concerns about BAAJA, including Oregon and Washington’s Attorneys General. The bill could come up for a vote in the Senate as soon as November 9.  

This legislation would accelerate the buildout of gas pipelines, hyperscale data centers, ICE detention centers, and mines on our public lands. It strips communities of fundamental democratic rights by eliminating environmental review for 32 types of fossil fuel and mining projects, significantly reducing public comment time periods, and shortening timelines for communities to challenge bad projects in court.

BAAJA weakens our nation’s bedrock environmental laws, including the Clean Air Act (CAA), Clean Water Act (CWA), Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA). Sections 1401 and 1402 of the bill would lock in the Trump administration’s attacks on clean energy and fossil fuel dominance by making it impossible for future presidents to unwind the harm.

BAAJA would curtail Tribal sovereignty and state governments’ legal authority to protect cultural resources, clean water, and public lands. Both Oregon and Washington have used this legal authority to stop federally-approved fossil fuel projects that could not comply with state water regulations and would have been massive steps backwards to reaching climate goals. Under the bill, state governments no longer be able to enforce state laws protecting waterways for federally-permitted projects. 

BAAJA would limit safeguards against harmful projects fast-tracked by the Trump administration in Oregon and Washington such as the Williams gas pipeline, which would stretch over 156 miles on the Washington side of the Columbia River, and the Aurora Uranium Mine proposed on the Oregon side of the McDermitt Caldera. 

If BAAJA is passed, Washington state and Tribal governments would be stripped of the legal tools to protect cultural resources and the Columbia River’s water quality. Additionally, gas from the Williams pipeline would increase Washington’s annual greenhouse gas emissions by about 14 percent, hampering Washington’s progress towards 100% clean energy. 

The Aurora Uranium mine project is expected to be rubber-stamped by the Trump administration. BAAJA would limit Tribal consultation and curtail Oregon’s authority to protect water resources for this mining proposal. Uranium open-pit mining generates radioactive waste rock and process water with elevated levels of uranium, radium, radon, and arsenic, which contaminate surrounding communities’ drinking water. 

BAAJA’s amendments to the 1872 Mining Law would allow mining companies to permanently use an indefinite amount of public lands for waste dumps, roads, pipelines, or anything else deemed “reasonably incident to” mining operations. 

To learn more about the threats BAAJA poses to clean air and water, Tribal cultural resources, and our climate, join a virtual press conference on Wednesday, Oct. 28 at 8 AM PT. Speakers include Erik Schlenker-Goodrich, executive director of Western Environmental Law Center. 

Register here.

QUOTES: 

“Proposed changes to the National Historic Preservation Act (NHPA) Section 106 consultation process threatens to weaken the ability of Tribal Nations to meaningfully participate in federal decisions affecting our cultural resources. Limiting consultation opportunities, shortening review timelines, and restricting consideration of cultural and historical impacts will undermine our ability to identify and protect sacred places, burial grounds, archaeological sites before they are disturbed or permanently destroyed. The protection of Klamath, Modoc and Paiute homelands, sacred places, treaty reserved resources, and cultural heritage must not be compromised in the interest of accelerating federal permitting processes.” Garin Riddle Sr., The Klamath Tribes Culture and Heritage Department Director.

“This bill is an existential threat to the communities impacted by fossil fuel infrastructure. We are counting on our regional leaders to oppose this attack and stand firmly for public participation, Tribal sovereignty, and the tools necessary to protect the iconic environmental attributes of the Pacific Northwest.” Audrey Leonard, Staff Attorney for Columbia Riverkeeper

“350 Spokane is well-aware of the ongoing impacts of the climate crisis: Weeks after we saw 600+ structures in our city burn and many of our members evacuate during the most destructive wildfire in Washington State history, we watched as the Spokane River run dry for the second consecutive year. We thus appreciate BAAJA’s attempts to speed the process of clean energy development, but its proposed weakening of NEPA, CWA, NHPA, and ESA would fast track gas pipeline development at the expense of communities already affected by the climate crisis, like ours.” Abby Saks, Board Member of 350 Spokane

“Working people in Oregon and Washington are struggling with the rising cost of living and unaffordable energy costs. BAAJA threatens to make it even harder for them to pay their bills by accelerating the buildout of energy-guzzling AI data centers and liquefied natural gas (LNG) export projects. Our recent research shows that the Trump administration’s support for such projects drives up energy costs for households, while delivering even greater profits to the fossil fuel industry. I urge Oregon and Washington’s congresspeople to stand with working families and oppose this bill.” Allie Rosenbluth, U.S. Campaign Manager at Oil Change International

“As written, this legislation mainly serves fossil fuel industry interests, embedding poison pill provisions that will continue to make the climate catastrophe worse while the fossil fuel interests reap the profits.  In essence, this is a disaster for those of us who care about protecting our environment, public health, and future generations from the accelerating ravages of fossil fuel development.” Cathryn Chudy, Board Member, Oregon Conservancy Foundation