2L at Michigan. Born and raised Michigander and soon-to-be litigator. I write and think a lot about energy, infrastructure, and the regulation of both. #GoBlue
Ann Arbor, MI
Joined October 2011
- Tweets11.2K
- Following649
- Followers277
- Likes11.9K
Pinned Tweet
The Senate votes Monday on taking up BAAJA, the bipartisan permitting bill. 18 senators are on record, none opposed, and 82 haven't said a word.
I built a tracker of every senator, House member, and outside group on the bill, with links to what each actually said. Link below!
I think the margin in the Senate (72-25) makes it hard to whip against. We already have eight Democratic representatives who are on record saying they will probably be voting for the bill.
If Jeffries, whose opposed the bill, whips against it, the math looks a *lot* harder for BAAJA in The wake of possible low attendance from lame duck republicans, as well as a hegseth impeachment clogging things up
17
Granholm's reelection in 2006 was the first big election I cared about as a kid, and my dad's service to Granholm coordinating alternative energy investments in Michigan is what got me interested in this space many years ago. I'm glad to see Granholm still knows ball.
NEWS: Former Biden Energy @SecGranholm has drafted a statement shared w/me urging Dems to back BAAJA, saying changes "respond directly to concerns" the bill "could weaken env enforcement, undermine Tribal consultation, and constrain state authority to protect water quality."
43
In other words: we recognize the need for it, but that doesn't mean we'll ever be willing to do it!
NEW: @NRDC says BAAJA "still needs improvements" and opposes it despite changes. President Manish Bapna says "we recognize that meaningful permitting reform requires compromise" but the bill "goes too far in weakening essential environmental safeguards and public participation"
2
125
It remains quite telling that opponents of BAAJA cannot write a bill that does the things Green Energy wants and that can get passed by Congress. "a clean transmission bill" would mean cutting out most of the things *we* want!
I will be interested to see if the amendment kills the "data center giveaway" narrative. The weakest part of the original text was that it grandfathered in data centers already built. The amendment fixes that.
Major changes to BAAJA in this amendment responding to Democrats' concerns; two highlight titles:
1. Permit Certainty title has lots of technical fixes:
-Requires proof of government bad faith before an energy project can get damages (easy to prove with Trump, hard to use against a future lawful admin)
-10-year baseline of past projects rather than 5 years (so Trump anti-wind actions aren't built into the baseline)
-Ability for the government to rebut with lawful reasons (helps a future admin could deny polluting projects lawfully)
2. Historic Preservation title has substantive changes:
-Feds can no longer take over a noncompliant Tribal Historic Preservation Office (THPO)
-Even if a THPO isn't compliant with deadlines, agencies still required to consult with Tribes
-Expanded requirements to consult and incorporate feedback from THPOs, Tribes, local govs, State Historic Preservation Offices
-Protections for Tribal historic database information to remain confidential to Tribes
-No more requirement for THPOs and SHPOs to spend 50% of their time on a project if they miss its deadline
-Extra more time to object to a historic preservation report
-Federal Highway projects always subject to historic preservation, even if only a formula grant
49
Big deal! I'll have a piece analyzing the changes and how they try to accommodate critics of the bill out soon!
NEW: the BAAJA managers' amendment is out. “I’ve worked hard to incorporate the feedback we’ve heard from Tribes and New Mexicans into this Substitute Amendment, and I’m proud to join my colleagues in releasing it," Heinrich says. 494 pages heinrich.senate.gov/imo/medi…
41
I think opponents of BAAJA would help the discourse by proposing another bill, one they claim will
1. Get the gop votes needed
2. Deliver the benefits of BAAJA
3. Reduce the downsides of BAAJA
I find it quite telling that nobody I've seen has even tried to do this.
2
77
For example here, SC simply identifies the things they don't like. They don't even try to say why these changes wont truly harm the bill's goals or how to keep republicans on board. It's silly "we can't support as is" and a list of dislikes. Unhelpful!
teapaw.org/sierraclub/status/2118…
This week’s overwhelming blue wave election sent a clear message: Americans are fed up with an administration that raises costs through chaotic energy policies and puts corporate polluters ahead of the public interest.
As the Senate considers a possible vote during the lame-duck session, Congressional Democrats have a mandate to deliver relief on energy bills and level the playing field for clean energy.
As written, this bill achieves critical wins on transmission and potential emissions reduction. But those wins do not justify abandoning Tribal consultation, clean water safeguards, and wildlife protections, nor further enabling a rogue president that is waging a war on clean energy.
The Sierra Club supports updating and expediting clean energy permitting. But Congress must demand fundamental changes to protect public health, Tribal sovereignty, the environment, and communities’ ability to challenge unlawful projects.
As Sierra Club Executive Director Loren Blackford said, “They can and must fight for a better deal.”
Read the full statement: bit.ly/4fa7IUv
18
The Sierra Club is full of a self-selected litigators who fundamentally see development as inherently bad and in need of stopping. There is no bill that actually fixes litigation bloat that they will support. They are hammers and all they see is nails.
This week’s overwhelming blue wave election sent a clear message: Americans are fed up with an administration that raises costs through chaotic energy policies and puts corporate polluters ahead of the public interest.
As the Senate considers a possible vote during the lame-duck session, Congressional Democrats have a mandate to deliver relief on energy bills and level the playing field for clean energy.
As written, this bill achieves critical wins on transmission and potential emissions reduction. But those wins do not justify abandoning Tribal consultation, clean water safeguards, and wildlife protections, nor further enabling a rogue president that is waging a war on clean energy.
The Sierra Club supports updating and expediting clean energy permitting. But Congress must demand fundamental changes to protect public health, Tribal sovereignty, the environment, and communities’ ability to challenge unlawful projects.
As Sierra Club Executive Director Loren Blackford said, “They can and must fight for a better deal.”
Read the full statement: bit.ly/4fa7IUv
This is an argument against literally anything that makes it easier to build anything in any way. "Laws can be abused" is not something anyone disagrees with.
What the ACLU is doing is warning that a "permitting" bill that gives the federal government carte blanche to plow its projects through is going to help supercharge this administration's ICE detention facility buildout.
29
I'm really encouraged to see groups like this come out for BAAJA. My impression from talking to people was that there some anger with earlier groups who came out in opposition for sort of 'speaking for the entire native population,' when lots of these tribes want these projects.
SCOOP: Tribal support for the Senate's bipartisan permitting reform bill. The National Tribal Energy Association and Apsåalooke Nation/Crow Tribe have quietly submitted letters of support for BAAJA that I obtained
4
202
This morning, I published my first piece on BAAJA, arguing that the narrative of it being a giveaway to data centers is simply wrong on the merits. I hope you'll give it a read!
hardlooklaw.substack.com/p/d…
30
Thank you for the kind words Professor!
so freaking cool
one of my brilliant students, collin parks, built a BAAJA scorecard that reviews all the senate votes that are in play. there are a lot of them!
hardlooklaw.substack.com/p/t…
2
96
Spotted this morning: a very noisy Carolina Wren squaring up with another nearby Wren in a sound battle
43
If you want to avoid court packing, Roberts, Thomas, and Alito could resign. If they are the great public servants who care about the Court's legitimacy, it would be a reasonable ask!
I understand entirely the instinct to teach the House GOP a lesson. But if you punish the Senate GOP, it will be 6 years before they can do anything about it. And we can lose the Republic before then.
1
58
Okay then surely you won't mind if we merge a few of those mountain states. Do we really need Wyoming to be its own thing? Thats just republicans wanting senators
DC can join Maryland, except for the portions needed for federal business. That resolves any concerns about representation.
We are not adding the first city-state just so Dems can get two more Senators (which is what this is really about).
1
62