Heinrich’s permit reform bill clears 60 votes in Senate to proceed, despite opposition from Tribes, enviro groups

By Pat Davis, New Mexico Political Report — Senator Martin Heinrich’s signature permit reform legislation passed a critical test in the U.S. Senate on Monday earning 73 votes – more than the 60 vote supermajority required to avoid any opponent’s filibuster – to proceed to final debate and votes in the coming days. 25 senators, mostly Democrats, voted against.

Earlier in the day, Heinrich and Sen. Sheldon Whitehouse, a Democrat of Rhode Island, held a press conference in part to address opposition from traditional Democratic allies in the environmental and Tribal communities. “In my view, leadership is hardest when you disagree with your friends,” Heinrich said while reiterating that a 400-plus page amendment released over the weekend had added provisions requiring, not encouraging, Tribal consultations in federal permitting decisions impacting Tribes and Nations. Whitehouse said the bill would be the largest climate bill in force after Republicans undid key provisions of the federal infrastructure and climate bill passed under President Joe Biden.

A majority of Democrats, including New Mexico’s other Senator, Ben Ray Luján, voted Monday against invoking cloture on the bill. That procedure allows debate to begin on the bill and sets limits on debate and amendments. By exceeding the 60 vote limit, opponents will not be able to filibuster ensuring a final vote in the coming days. Heinrich and his co-sponsors will offer their “manager’s amendment” before other senators can offer their own.

If it passes the Senate, the bill must still win passage in the House before going to the White House where it has been supported. Many House Democrats, including New Mexico’s Representatives Melanie Stansbury and Teresa Ledger Fernández, have expressed opposition but Whitehouse said Monday that they believe they have strong bipartisan support in the House. Gov.-elect Deb Haaland publicly opposed the bill and amendment on Monday.

Sen. Luján issued this statement after voting against the bill: “Making it easier to build clean energy and critical infrastructure projects is important for New Mexico and our nation, and Congress has failed to find a path forward for far too long. However, I share the serious concerns raised by New Mexicans across the state, particularly our Pueblo and environmental leaders, and believe they must be addressed. After spending the last month listening to these concerns, I cannot support advancing the bill in its current form.”

When asked about the bill during a press conference on Monday afternoon, President Donald Trump said he was “100% behind it,” but then backtracked when asked if he would sign it with provisions including permitting for wind turbines, which Trump has long opposed.