Waterkeeper Alliance Urges Congress to Reject Permitting Bill That Threatens Clean Water Protections

November 5, 2026

As a Senate vote approaches, Waterkeeper Alliance is urging Congress to reject the Bipartisan American Affordability and Jobs Act of 2026, a sweeping legislative package that would weaken longstanding protections under the Clean Water Act, Endangered Species Act, and National Environmental Policy Act. With a Senate vote potentially coming as early as November 9, the organization is calling on senators to vote no on legislation that threatens clean water, public health, wildlife, and communities nationwide.

The more than 400-page proposal would significantly alter federal permitting processes, limiting environmental review and public participation while making it harder for communities to challenge harmful or unlawful project approvals. Waterkeeper Alliance supports responsible infrastructure and clean energy development but warns that streamlining must not come at the expense of clean water, healthy ecosystems, and public health protections. The bill could accelerate projects such as pipelines, power plants, and data centers while weakening environmental scrutiny. It could also constrain future administrations’ ability to strengthen pollution controls and address emerging environmental threats.

“This bill isn’t progress. Our environmental laws are intended to protect human health and our natural resources. Weakening these bedrock laws in the name of “clean energy” is a significant step backwards,” said Jacqueline Esposito, Advocacy Director for Waterkeeper Alliance. “Real progress means protecting our health, our communities, and our environment, not making it easier for corporations to fast-track projects at the public’s expense.”

Among its most concerning provisions, the legislation would:

• Weaken Clean Water Act protections: Restrict states’ and Tribes’ authority to protect water quality, narrow federal permitting safeguards, and extend maximum terms for certain pollution discharge permits from five to ten years, potentially delaying updates to pollution limits as new science emerges.
• Threaten wetlands and waterways: Expand streamlined permitting for dredged or fill material, limit the EPA’s authority to prevent unacceptable environmental damage, and reduce scrutiny of certain projects affecting waters and wetlands.
• Undermine wildlife protections: Shorten endangered species consultation timelines, shift certain federal responsibilities to states, and limit agencies’ ability to revisit project approvals when new environmental risks emerge.
• Restrict public participation and legal accountability: Shorten deadlines for challenging certain permits and environmental reviews, and limit courts’ ability to halt projects or provide remedies when approvals violate the law.

The proposed legislation is particularly concerning as data centers and their supporting infrastructure expand across the country. These water-intensive facilities can place significant demands on local water resources, making meaningful environmental review and public input essential before projects are approved. Communities must have opportunities to understand potential impacts and secure appropriate protections.

Thousands of people have signed Waterkeeper Alliance’s action alert urging Congress to reject the legislation, while the Alliance works with other environmental groups to build a broader coalition in defense of clean water, public participation, and environmental accountability.

Waterkeeper Alliance calls on the Senate to reject the legislation and ensure that any permitting reforms preserve state and tribal authority, protect clean water and wildlife, maintain meaningful public participation and access to courts, and support responsible infrastructure development. Given the scale of the proposed changes, Congress must provide adequate time for public scrutiny and meaningful input from the communities most affected.