Media Coverage
Source: Mining.com
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Meyer
10.26.26
A bipartisan permitting reform proposal introduced in the U.S. Senate—the Bipartisan American Affordability and Jobs Act of 2026—could significantly change federal environmental reviews, litigation deadlines and water permits, potentially shortening development timelines and reducing legal uncertainty for mining, energy and infrastructure projects.
In an interview with Mining.com, Environmental & Natural Resources partner Amanda Halter discussed the proposal’s potential impact on mining and other industries.
“It’s a really big deal that we have a real, large-scale, bipartisan permitting reform bill on the table,” Halter said, noting that the proposal represents a rare opportunity for meaningful reform.
The proposed reforms, if enacted, would affect major federal environmental statutes, including the National Environmental Policy Act (NEPA), Clean Water Act and Endangered Species Act. Their implications extend beyond mining to include renewable energy, transmission infrastructure and other major industrial developments.
Among the key proposed changes that would affect mining companies is a proposed expansion of NEPA categorical exclusions, potentially allowing qualifying activities to proceed without an environmental assessment or environmental impact statement. According to Halter, the expansion could substantially shorten NEPA reviews for qualifying components of larger mining developments. The bill would also allow hard rock mining claim holders with federally approved operating plans to locate multiple mill sites on eligible federal land for waste rock, tailings and related operations.
More broadly, the bill would strengthen existing environmental review deadlines and require certain NEPA challenges to be filed within 150 days, down from a potentially six-year window for some challenges under the Administrative Procedure Act.
“How good is your approval if someone can sue on it for six years?” Halter asked, adding that the lengthy litigation window creates investment uncertainty.
While individual provisions may face opposition, Halter said conventional and renewable energy developers share an interest in faster permitting.
“There’s something in here for everyone,” she concluded.
The Senate is scheduled to take its first procedural vote on the permitting package on November 9, and the sponsors’ aides are urging industry supporters to help secure the votes needed to advance it.
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