New Earthjustice Action Poll: Americans Oppose BAAJA, Reject Lame-Duck Action on Major Policy Changes

Contact: Siham Zniber, szniber@earthjustice.org

Majority of voters prefer waiting for the new Congress to be sworn in before considering the Bipartisan Affordability and American Jobs Act 

Washington, DC – A new nationwide survey of 1,200 registered voters found that Americans are broadly opposed to the outgoing Congress passing major policy overhauls, preferring to wait until newly elected members have the opportunity to review the legislation, address voters’ concerns, and develop a more balanced approach. That includes passing BAAJA, the Senate’s permitting package, which a majority of voters (56%) oppose once they hear the legislation aims to speed up energy and infrastructure projects while weakening clean water and endangered species projections, and restrict people’s access to the courts. The survey was commissioned by Earthjustice Action and conducted by Tulchin Research.   

“Americans across the country showed up in droves and entrusted Democrats to deliver on lowering costs and rooting out government corruption. They have made it clear: that mandate for change belongs to the incoming policymakers and them only,” said Raul Garcia, Vice President of Policy and Legislation, Earthjustice Action. “We urge Congress to listen to the American people.”  

A memo of findings is available here. Key takeaways include: 

• Voters prefer waiting for the new Congress rather than rushing major legislation through the lame-duck session. By a 47% to 33% margin, voters believe Congress should wait until newly elected lawmakers take office before passing major policy changes. When asked specifically about BAAJA, a majority of voters (51%) prefer waiting until the new year to consider the legislation, compared to just 29% who favor passing it immediately. 

• A majority of voters oppose BAAJA in its current form, with opposition growing as voters learn more about the legislation. After hearing an initial description, voters oppose the bill by a nearly 2-to-1 margin (56% oppose vs. 29% support). Following additional information about its provisions and arguments against the bill, opposition increases to 62%, including 40% who strongly oppose it, while support falls to 26%. 

• Voters strongly oppose provisions that weaken environmental protections, even as they support expanding clean energy infrastructure. More than seven in ten voters oppose weakening protections for clean water (76%) and endangered species (73%), while 67% oppose eliminating meaningful Tribal consultation and weakening protections for sacred and historical sites. At the same time, voters support making it easier to build renewable energy projects (67%) and expanding transmission lines to connect clean energy to consumers (62%), suggesting an opportunity for the next Congress to reconsider the legislation while preserving renewable energy provisions that enjoy broad public support. 

• Voters reject giving President Trump additional authority and express serious concerns about accountability. More than six in ten voters (61%) oppose provisions that would expand President Trump’s authority over energy and infrastructure projects while limiting future administrations’ ability to reverse those decisions. Among the most compelling arguments against BAAJA is the concern that Congress is being asked to pass sweeping legislation without sufficient public scrutiny or hearings. 

• Passing BAAJA in its current form before the new Congress takes office carries potential political consequences. Nearly six in ten voters (59%) say they would be less likely to support a member of Congress who votes for the legislation during the lame-duck session, compared to just 21% who would be more likely. Among Democratic voters, 68% say they would be less likely to support a 2028 Democratic presidential candidate who voted for BAAJA before the new Congress could weigh in.