Permitting Reform Bill Would Amend ESA

There has been extensive reporting and commentary on the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) since it was first introduced on September 30, 2026. Title III of the bill proposes a limited number of amendments to the Endangered Species Act (ESA). Each of the proposed amendments is summarized below.

Definition of “Best Scientific and Commercial Data Available”

The bill would amend section 3 of the ESA to add a definition of the terms “best scientific and commercial data available” and “best scientific data available.” The proposed definition emphasizes the use of all relevant and objective information available at the time of the agency action, including data, models, and analyses that account for uncertainty and are applied using accepted scientific and professional standards. It also directs agencies to apply such information impartially and without policy-driven bias. At present, neither the statute nor regulations promulgated by the U.S. Fish and