The US Senate is considering a bill to ease the environmental permitting of infrastructure projects. It’s a blatant giveaway to the fossil fuel and data center industries that would stifle input from the communities most impacted by their expansion.

Bill proponents claim it will ease the buildout of renewable energy. However, peer reviewed studies have shown that most renewable energy projects do not face significant permitting delays, and that permitting delays under the National Environmental Policy Act (NEPA) are mostly attributable to staff shortages and communication delays between project developers and permitting agencies—not the stringency of the permitting process itself.

If bill proponents really wanted to expand renewable energy, they would focus on reversing the disastrous repeal of wind and solar tax credits in last year’s budget bill, the so-called “Big Beautiful Bill.” Under that law, there are no remaining federal tax credits for households to put solar panels on their homes, stifling the growth of distributed solar energy. And most utility-scale solar or wind projects that commenced construction after July 4, 2026 will also be ineligible for tax credits.

This bill strips the public of their right to have a say in what gets built in their communities, in whose interest, and at what cost to human rights, air and water quality, public health, and culturally important places.

Instead, the permitting bill limits the power of communities and state, local, and tribal governments to challenge fossil fuel and data center projects, stacking the deck in favor of project developers.

For example, Section 1202 of the bill limits the authority states and tribes currently have under the Clean Water Act to certify federally permitted projects as compliant with their own water quality standards. This would prevent states and tribes from requiring stronger standards than the federal government, allowing projects that they determine will harm water quality to go forward.

Additionally, the “project certainty” provisions in Sections 1401 through 1403 of the bill grant project developers the right to sue the government for “disparate treatment” if their project is denied a permit when similar projects have been approved in the past. This would effectively bar a future administration from denying permits for polluting infrastructure if this one greenlights them.

A Dream Bill for Data Center Developers and Fossil Fuel Companies

The proliferation of data centers is leading to a boom in fracked gas power generation, driving up greenhouse gas emissions and undoing progress in making the electric grid fossil fuel free. This is a giant step backwards happening at the worst possible time, with the Antarctic ice sheet collapsing, and drought and glacier loss threatening the world’s freshwater supply.

Backup diesel and gas turbine generators at data centers also emit toxic air pollutants such as particulate matter and nitrogen oxides, which are responsible for cancer, asthma and other respiratory diseases, and cardiovascular disease.

While families struggle with the high cost of living, massive (and growing) energy consumption by data centers is driving up utility bills for regular people. The permitting bill purports to address this problem by requiring data center developers to pay for the added cost of transmission to meet their demand, but........

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