IFP just spent the last 36 hours poring over the new Manager’s Amendment to the permitting bill.
We went through 27 criticisms of the permit-certainty provisions and over a dozen concerns about historic preservation.
The result is 70 pages of memos showing how the amendment resolves every major permit certainty issue we’ve seen raised and takes significant steps to respond to Tribes on historic preservation review:
1. A 32-page memo analyzing and responding to criticisms of the project certainty provisions:
2. A 4-page memo explaining how the Manager’s Amendment resolves project certainty concerns:
3. A 5-page memo explaining why BAAJA does not prevent the revocation of illegally issued permits:
4. A 3-page memo summarizing historic preservation changes in the manager's amendment and covering how BAAJA protects Tribal consultation from executive action:
5. A 25-page memo explaining how Tribal consultation works in BAAJA, exploring concerns and the Manager's changes in depth:
Not everyone will be happy. If your goal is stopping energy, transit, or housing projects on procedural technicalities, this isn’t the bill for you (although projects that violate substantive environmental law can still be stopped, just not over paperwork violations).
But if your goal is energy affordability and stopping climate change, this is a good bill, and a better bill than it was last week.
All of our permitting reform work can be found here: