The Bipartisan American Affordability and Jobs Act of 2026 (also called the Senate permitting bill) would make sweeping changes to the Endangered Species Act. If passed, the bill would condense or eliminate endangered species reviews, shift federal responsibilities under the ESA to the states and rewrite requirements governing the best scientific and commercial data available, among several other changes that would weaken the Act.
FAQ
When a federal agency builds, funds or approves a project that could affect a threatened or endangered species, Section 7 of the ESA requires consultation with the U.S. Fish and Wildlife Service or National Marine Fisheries Service.
Most consultations are informal and on average take two weeks. Agencies and wildlife experts identify potential conflicts and work through them early. When impacts may be more significant, formal consultation provides a closer review and on average takes about two months.
A bill was introduced in September 2026 aimed at accelerating federal approvals for infrastructure projects. Disguised as “improving permitting efficiency,” the permitting package changes to the ESA would weaken the scientific review, federal oversight and accountability at the heart of the Endangered Species Act.
No, the ESA consultation process does not cause projects to be stopped or significantly delayed.
Of over 88,000 consultations conducted by FWS over a 7-year period, zero projects were stopped by the consultation process. (Two consultations found jeopardy and were able to move forward after making planning adjustments.)
Wildlife agencies identify reasonable and practical alternatives that protect species while allowing projects to proceed.
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