U.S. Capitol Building by Harold Mendoza via Unsplash On November 9, 2026, the Environmental Protection Network (EPN) sent a follow-up letter to Senators Shelley Moore Capito, Sheldon Whitehouse, Mike Lee, and Martin Heinrich responding to the November 7 managers’ amendment to the bipartisan permitting reform bill (S. 5653). While acknowledging efforts to address earlier concerns, EPN warned that the revised “project certainty” provisions (§ 1401) still risk restricting EPA’s authority to update pollution regulations and enforce environmental laws, creating significant legal uncertainty.
The letter also raises concerns about the bill’s Clean Water Act provisions and the need for meaningful community input. EPN supports permitting reforms that improve coordination and efficiency while protecting public health and the environment, but remains opposed to § 1401 as currently drafted.