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Politics

Senate Permitting Deal Wins First Vote

BAAJA survived its first test, but Trump says the bill “hasn’t been fully negotiated.”

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Donald Trump, energy, and the Capitol.
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The Senate on Monday night moved to open debate on the Bipartisan American Affordability and Jobs Act — just after the president bizarrely threw cold water on the deal he struck for the bill.

Senators agreed to invoke cloture on a motion to proceed to the bill by a vote of 73–25, a forceful bipartisan tally that could bolster momentum behind the bill. Up next comes what Senator Sheldon Whitehouse, the Democrat from Rhode Island and one of the key sponsors of the bill, called a “healthy amendment process” at a press conference Monday morning. This will constitute the last remaining opening for senators and outside constituencies to try and change provisions they disagree with. How many amendments will make it to a vote, however, is not publicly known. Nor is how fast debate on the bill will move along, so best be patient.

I’m aware of pushes for at least two amendments to be considered — one ostensibly to remove the bill’s changes to the National Historic Preservation Act and another related to future administrations potentially revoking Trump-era permits. Some of the lawmakers who voted to proceed on the bill may become “nays” depending on how the amendment process goes.

In a normal world, this would be the clarifying moment for BAAJA, when the clouds would part and a pathway to passage and enactment would appear obvious. There are certainly rays of hope for the pro-BAAJA squad because a large bipartisan vote would help the legislation move briskly in the House.

But we still live in the Trump era, so instead, just as senators were preparing to vote, and after the White House released a formal statement endorsing the bill, the president told the world that actually, the deal wasn’t done.

Politico reported in September that the president told his aides he would direct the Pentagon to clear its queue of onshore wind projects to strike a deal on permitting. The White House has for weeks been telling reporters it’s been advancing wind projects through the Pentagon airspace clearance process in good faith. As we reported in late October, these claims have not always lined up with what the administration and renewable energy trade groups have been stating in federal court, where a judge months ago required the government to resume these once-routine height approvals.

For some reason, asked about this at a White House media briefing Monday evening, Trump told reporters from the press room podium that actually he won’t approve wind turbines even if the bill becomes law. Then he said, “The bill hasn’t been fully negotiated.” You can watch the full clip of the comments here.

It’s unclear whether these comments affected the bill’s odds at final passage, but they did lead to a very long all-caps post on X from Representative Jared Huffman, who’s in line to lead the House Committee on Natural Resources in the coming Congress. The White House has tried to clarify the president’s remarks, and Senator Whitehouse blamed the comments on Trump’s age. So just because we’re seeing legislative progress doesn’t mean the future will make sense.

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Climate Tech

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