Dem-on-Dem clash erupts as Stansbury bucks Heinrich on sweeping energy bill
A public Democratic family feud is breaking out inside New Mexico’s congressional delegation, with U.S. Rep. Melanie Stansbury coming out forcefully against a sweeping bipartisan permitting package negotiated and championed by fellow New Mexico Democrat U.S. Sen. Martin Heinrich.
Stansbury took to social media this week to declare herself “adamantly opposed” to the Bipartisan American Affordability and Jobs Act, S. 5653, in its current form — putting her directly at odds with Heinrich, one of the four senators responsible for crafting the massive 417-page deal.
“As currently drafted, I am adamantly opposed to this bill,” Stansbury wrote, warning that it “could undermine Tribal sovereignty and consultation, protection of sacred and cultural sites, our public lands and waters, and the ability of our communities to have a say in projects that could impact them.”
She acknowledged the push to speed up major projects but argued that faster permitting cannot come at the expense of tribes, environmental protections or local input.
“We understand the urgency of expediting clean energy and critical infrastructure projects,” Stansbury wrote, “but it cannot be done at the expense of our sovereign Tribal nations, the environment, or the rights of our communities.”
She also took a swipe at the Trump administration, saying reforms should not rest on what she called its “false promises.”
The unusually sharp statement places Stansbury opposite Heinrich on one of the senator’s most significant bipartisan legislative efforts of the year.
Heinrich helped negotiate sweeping bipartisan deal
The Bipartisan American Affordability and Jobs Act was introduced Sept. 30 by Republican Sens. Shelley Moore Capito of West Virginia and Mike Lee of Utah, along with Democratic Sens. Sheldon Whitehouse of Rhode Island and Heinrich.
Technically, Capito is the bill’s sponsor, while Heinrich, Lee and Whitehouse are original co-sponsors. But Heinrich was one of the four principal negotiators who spent more than a year working on the package.
The Bipartisan Policy Center described the legislation as the most comprehensive federal permitting reform proposal to date, saying it tackles nearly every major component of the permitting system after decades of failed reform attempts.
Heinrich has portrayed the bill as a way to build energy and transmission infrastructure more quickly while reducing costs.
“It should not take decades to build the infrastructure our country needs,” Heinrich said when the legislation was unveiled.
He said the measure would get to “yes” or “no” on projects faster while preserving environmental safeguards and “protecting the ability of Tribes to formally consult during these processes.”
That assertion now sits squarely against Stansbury’s warning that the legislation could do precisely the opposite.
Heinrich has also emphasized provisions designed to force large data centers to cover costs they impose on the electric grid rather than shifting those expenses onto residential customers.
Tribal consultation becomes flashpoint
The biggest Democratic fault line appears to involve changes to the National Historic Preservation Act.
Under current law, federal agencies generally must consult with State and Tribal Historic Preservation Officers before approving projects that could affect historic or culturally significant properties.
The Heinrich-backed legislation would impose new deadlines and narrow portions of that process.
According to the Bipartisan Policy Center’s detailed analysis, the bill would change how the geographic scope of historic-preservation reviews is determined, narrow what qualifies as an adverse effect and impose deadlines throughout consultation.
As the Bipartisan Policy Center summarized it, under the proposal “the agency, rather than the consulting parties, would decide when review is finished.”
The legislation would simultaneously authorize $200 million annually for the Historic Preservation Fund from fiscal years 2027 through 2036 and provide additional support for Tribal Historic Preservation Offices.
Stansbury breaks with Heinrich
The dispute is notable because both New Mexico Democrats generally position themselves as strong advocates of environmental protections, renewable energy and tribal consultation.
Yet on permitting reform, they now find themselves on opposite sides.
Heinrich argues that the existing federal process is so slow and unpredictable that it prevents the construction of the very clean-energy infrastructure Democrats say they want.
Stansbury, meanwhile, is warning that Congress could go too far in speeding projects along.
Her declaration that she is “adamantly opposed” to the measure represents considerably more than a minor disagreement over legislative language.
It is an open challenge to one of Heinrich’s marquee bipartisan negotiations.
And the Democratic disagreement reaches beyond New Mexico. Heinrich’s fellow Democratic negotiator Whitehouse has enthusiastically promoted the package, arguing it would help “flood the grid with clean, affordable energy.” Meanwhile, progressive and tribal groups are mobilizing against portions of it.
Bill also takes aim at data-center costs
Ironically, the legislation also contains provisions aimed directly at one of the issues that has generated substantial Democratic concern in New Mexico: enormous new data centers.
The proposal would bar utilities from shifting certain infrastructure costs associated with new data centers of 20 megawatts or greater onto other customers. States could also require data centers to provide their own generation, restrict how much electricity they draw or charge them additional amounts that could be used to lower other customers’ bills.
The broader package would also dramatically overhaul the National Environmental Policy Act, shorten litigation timelines, streamline electric transmission development, change portions of the Clean Water Act and Endangered Species Act processes, and make it more difficult for future administrations to revoke already-issued permits.
For Heinrich, those changes represent a bipartisan attempt to solve a system he says has become incapable of building infrastructure at the pace the country requires.
For Stansbury, the current bill crosses a line.
That leaves two prominent New Mexico Democrats publicly fighting over just how much environmental and permitting law Congress should rewrite in the name of faster construction — with Heinrich trying to shepherd his bipartisan deal forward and Stansbury now openly telling colleagues the legislation, as written, should not pass.
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