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On congestion pricing, deep sea mining, and kiwi birds

Current conditions: The weekend’s polar vortex chill in New York City is over as temperatures are set to hit 70 degrees Fahrenheit today, your humble correspondent’s birthday • A winter storm blanketing the Sierra Nevadas with as much as four feet of snow on Interstate 80’s Donner Pass, the primary route between Sacramento and Reno named for the notorious 1846 episode of snowbound settlers driven to cannibalism • Days after thermometers finally slid from an almost sauna-like 118 degrees to somewhere in the 90s, thunderstorms are deluging India’s northern Uttar Pradesh state as dust storms blast cities such as Kanpur.
The Trump administration is bringing construction of virtually all new onshore wind turbines to a halt, putting as many as 165 projects on pause on the grounds that they may threaten national security. The projects, sited on private land, are being stalled by the Department of Defense, and include “wind farms which were awaiting final sign-off, others in the middle of negotiations, and some that typically would not require oversight” by the military, according to the Financial Times. Wind farms require routine approvals from the Pentagon to make sure turbines don’t interfere with radar systems. Normally these assessments are done in a few days. But developers told the newspaper they have faced a mix of setbacks since last August.
Back in December, the administration made a similar argument to justify an order to stop work on all offshore wind farms. Developers sued, and it only took weeks for federal courts to put a pause on the order. That legal strategy is now expected to play out once again on land.
Exxon Mobil and Chevron are resisting the White House’s pressure to increase oil production as the administration presses U.S. oil majors to ramp up supply to ease the demand shock from the closure of the Strait of Hormuz. In an interview with the Financial Times, Exxon’s finance chief Neil Hansen said there would be “no change” to the company’s strategy in the Permian Basin, while Chevron’s chief financial officer Eimear Bonner said “the crisis has not prompted any change to any of our plans.” The statements come days after the price per barrel of crude hit $126 last Thursday. “There’s really no need for us to shift up because we’re already up, we’re already in high gear,” Hansen said. “That doesn’t mean we aren’t looking at the potential to expand that but there are limitations.”
That doesn’t mean the industry isn’t happy to play along with Trump’s other foreign policy ventures. In a post on X last week, Bloomberg columnist Javier Blas highlighted the rapid shift of Exxon Mobil CEO Darren Woods’ views on Venezuela, which went from “uninvestable” in January” to, just four months later, “a huge resource that’s now opened up more freely to the world” where “we’ll be uniquely positioned and play an important role in bringing those barrels to market.” Meanwhile, the U.S. Senate candidate who could become the first Democrat to win statewide in Texas in 32 years has sought to ease the oil industry’s concerns about his political views. In an interview on Tejano singer Bobby Pulido’s podcast, Democratic Senate nominee James Talarico disavowed his party’s past rhetoric promising to phase out oil and gas production. “The idea that politicians in Washington think they can just eliminate this industry, eliminate these jobs, is something we had to fight against, something we have to fight against in our own party,” he said. “I’m a big fan of the renewable industry we’ve got in Texas … but it’s going to take an all-of-the-above approach.” Killing off the U.S. industry while global demand remains in effect is “not practical” and “it’d do so much damage to our state,” he said.
For all the hype over nuclear power in the United States, the Canadians are the North Americans on track to build the hemisphere’s first small modular reactor. On Friday, Ontario Power Generation’s project to expand its Darlington atomic station just east of Toronto with the world’s first BWRX-300 hit a critical milestone as the province-owned utility completed installation of the reactor’s basement some 35 meters, or about 115 feet, underground. The 300-megawatt unit was designed by GE Vernova Hitachi Nuclear Energy, the heir to General Electric’s 20th-century legacy of building the world’s fleet of boiling water reactors that today still makes up the second-largest share of all commercial fission plants after the Westinghouse-pioneered pressurized water reactor. If the reactor enters into service on time in 2029 — a big if — it will be the first on multiple counts: The first SMR from GE Hitachi. The first SMR in either Canada, North America, or the Western Hemisphere. Indeed, the first SMR in the entire democratic world, an overdue moment as China completes its Linglong-1 project in Hainan and Russia’s floating Akademik Lomonosov nuclear station remains in operation. “Ontario is building the Western World’s first small modular reactor,” Stephen Lecce, Ontario’s minister of energy and mines, said in a statement. “Ontario just executed with great precision the first foundation of a new nuclear reactor in Ontario in over 30 years. This is a major achievement as the world turns to Ontario to refurbish and build large scale nuclear on-time and on-budget.”
Ontario set a model for the rest of the region on how to pursue nuclear power despite modern development constraints. Its government-owned utility opted for the reactor over cheaper renewables and batteries by examining a whole systems-cost approach that included the transmission and back-up generation implied by a big solar and wind buildout. That ownership model also inspired neighboring New York to tap in its New York Power Authority, the largest state-owned utility the U.S., to lead the charge on building at least a gigawatt of new reactor capacity, as Heatmap’s Matthew Zeitlin explained last year. In December, as I wrote at the time, New York Governor Kathy Hochul forged a nuclear alliance with Ontario’s government to work together on issues related to building new reactors. The U.S. last year pumped $400 million into GE Hitachi’s plan to build America’s first BWRX-300 at the federally owned Tennessee Valley Authority’s Clinch River facility, as I reported for Heatmap.
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The Trump administration hasn’t abandoned its effort to kill New York’s congestion pricing scheme. On Friday, Secretary of Transportation Sean Duffy filed a notice of appeal to U.S. District Judge Lewis Liman’s March 3 decision to dismiss the administration’s lawsuit arguing that New York had overstepped its federal authorization by putting the toll in place. Before New York City implemented congestion pricing, experts warned that the apparent opposition captured in the pages of the New York Post was a paper tiger. Successful efforts to impose tolls on cars driving into dense urban areas with lots of public transit in Singapore and London had followed the same arc: Vehement blowback before the tolls take effect, contented acceptance once the charges become as normal as any other toll on the city’s roads and drivers start enjoying the easing of the gridlock. Within months of congestion pricing taking effect, polls showed that, already, support had flipped with more New Yorkers wanting to keep the tolls in place than eliminate them. But a year in, the results were hard to debate. As The City put it: “Less traffic. Faster buses. More subway riders.”
The latest legal challenge comes as New York grapples with mounting energy issues. In March, the Hochul administration proposed pushing back a key deadline in the state’s landmark decarbonization law. The state has yet to broker a final budget as legislators struggle to reach a deal with the governor’s office. Meanwhile, the state’s grid operator has issued a warning urging regulators to allow two barge-mounted power plants in Brooklyn to stay open past their planned closure.

The National Oceanic and Atmospheric Administration has ruled that The Metals Company’s deep-seabed mining application is fully compliant with U.S. regulations. On Friday, the Canadian company, which is aiming to harvest mineral-rich nodules from a 1.7-million-acre swath of the Pacific called the Clarion-Clipperton Zone, called the approval “a key milestone” toward commercialization that puts the firm on track to start producing metals by the first three months of next year. Under a new regulatory framework NOAA put out, which The Metals Company applied to use, “applicants with exploration-phase data to submit a consolidated application for both an exploration license and commercial recovery permit,” establishing “a more efficient” permitting timeline. “This determination marks an important step forward in NOAA’s transparent, rules-based process, and brings us ever closer to providing the U.S. with a new, abundant and lower-impact source of critical metals,” Gerard Barron, chairman and chief executive of The Metals Company, said in a statement. “It reflects the sheer scale of scientific, environmental, and engineering effort and expertise that have been brought to bear on this project over the last 15 years, which provides us with sufficient information to move efficiently and responsibly into commercial operations under NOAA’s oversight.” Shares in the company surged on Friday in response to the news.
In March, the United Nations’ International Seabed Authority vowed to establish a global framework for regulating deep seabed mining this year, as I wrote at the time. Japan, meanwhile, is stepping up its efforts to create its own seabed mining industry.
The kiwi disappeared from the hills around New Zealand’s capital more than a century ago. But now the country’s flightless national bird is once again living in Wellington. Last week, the Capital Kiwi Project, a charitable trust that aims to bring the birds back to the city, released its 250th kiwi. “They are a part of who we are and our sense of belonging here,” Paul Ward, founder of the Capital Kiwi Project, told Euronews. “But they’ve been gone from these hills for well over a century and we decided as Wellingtonians that wasn’t right.”
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The state’s market is in such disarray, a Democrat actually stands a shot at winning the office.
In the waning weeks of the midterm election cycle, the question of who will serve as Oklahoma’s next insurance commissioner is unlikely to be a topic of intense speculation at dinner tables around the country — or in Oklahoma, for that matter.
For one thing, it’s about as down-ballot a race as you can get, another bubble to be filled in alongside state treasurer and superintendent of public instruction. For another, it’s difficult to imagine it will be much of a competition: It’s been two decades since a Democrat last won statewide office in Oklahoma.
But if there ever were a race for an upset, this would be it. Oklahoma is one of the most expensive places in the country to purchase home insurance, with an average annual premium in 2024 of over $5,819 for $350,000 in dwelling coverage — well above the national average of $3,303 and behind only Florida and Louisiana, per the most recent numbers from the Consumer Federation of America. That’s even more staggering given the local cost of living: Oklahomans spend more of their median household income, $65,039, than residents in any other state on home insurance — almost 9%.
When it comes to arguing for greater industry regulation, Democrats are typically on more comfortable footing against their conservative counterparts. Craig MacIntyre, the Democrat in the Oklahoma insurance commissioner race, has promised to use the state’s new “file and wait” law to review rate increase requests closely before they’re implemented. But in a strange reversal of roles, Republican candidate Bob Sullivan won a four-way primary and subsequent runoff that centered on the conservatives arguing over who would be the toughest industry regulator.
The topsy-turvy politics don’t stop there. Republicans in the state have also called out the impacts of extreme weather on premiums, albeit without going quite so far as to blame climate change. Sullivan unabashedly models himself after Trump (“Make insurance fair again!” “Drain the insurance swamp!”) but also set himself apart from the competition by challenging the narrative that severe weather — not climate change, per se — is the primary explanation for the state’s high rates — putting him more in line with the Democrat, who almost hasn’t mentioned weather at all.
It’s a notable break. Extreme weather has long been the go-to explanation for Republicans about the state’s high homeowners’ premiums. “We get our fair share of weather in Oklahoma,” the state’s outgoing, term-limited insurance commissioner Glen Mulready told me. “We’re right next to Texas and Kansas and Arkansas, so they get the same weather we do — that’s the quote we hear all the time,” he added, “which is just simply not true.”
Oklahoma Watch, a nonprofit investigative newsroom that reports extensively on the state’s insurance crisis, has suggested that the insurance industry and its allies in the state might be using hail in particular “as a scapegoat to justify high rates,” given that other states with high instances of hail pay far less in premiums.
It’s true, though, that Oklahoma seems to be a particularly bad place for hail, which is responsible for an estimated $1 billion in annual property and crop damages in the United States. In most of the state, even at the tiny geographical scale of an individual roof, you have about a one-in-10 chance each year of seeing two-inch or larger hail, Ian Giammanco, a lead research meteorologist at the Insurance Institute for Business & Home Safety, told me. Verisk, a risk assessment firm, also found that over the last four years, nearly 50% of Oklahoma roofs were hit by severe hail — the highest rate nationwide.
"Hail gets overlooked, but it’s a huge contributor to rising insurance costs," Michael DeLong, a researcher at the Consumer Federation of America, told me.
Hail’s climate signal isn’t obvious to researchers yet. “We haven’t seen any observational fingerprints that hail appreciably changes” in a warming world, Giammanco said. But while the number of days with severe hail across the U.S. hasn’t changed much, “there may be an upswing in severity that’s just starting to be able to be observed,” he noted. Warmer air, for example, may raise the potential for “really big hail, while the lower end may actually decline.”
Hail is one piece of Oklahoma’s nasty extreme weather cornucopia. Increasingly frequent wildfires, extreme heat, and severe storms and tornadoes also threaten homes (not to mention seismic activity from injecting fossil fuel wastewater underground). Between 1980 and 2024, the state averaged about 2.6 weather disasters per year that cost more than $1 billion in damages, adjusted for inflation, but in the last five years of that timeframe — 2020 to 2024 — it averaged six, including droughts, tornado outbreaks, and blizzards. (The Trump administration retired the National Centers for Environmental Information’s U.S. Billion-Dollar Weather and Climate Disasters database last year, so there isn’t more recent data.)
But the affordability problems don’t exist in a vacuum, and are compounded by historic infrastructure and materials choices. New home construction, for example, peaked at an average of over 2,800 square feet in 2015, meaning a bigger target for hail. “We have lots of field observations of 300 hailstones in a square foot area,” Giammanco told me; in a given storm, more than 800,000 might pummel a house. And while slate and tile roofs — popular construction before the post-war suburban boom — withstand hail well, they’re also slow and difficult to install. Asphalt shingling, on the other hand, is cheap, easy, and popular — and “highly vulnerable to hail, especially as it ages,” Giammanco added.
Republicans have traditionally argued that relatively little can be done about Oklahoma’s high homeowners’ insurance rates, given the state’s weather and larger nationwide trends in inflation-driven rebuilding costs and reinsurance. Karen Collins of the American Property Casualty Insurance Association, an industry advocacy group, further warned the Oklahoma House of Representatives in a hearing last year that cracking down on the industry could drive insurers out of the state. “We’ve seen … when government regulates directly or indirectly price controls on markets with escalating losses, it does turn those affordability challenges into an availability crisis,” she said.
When I asked the APCIA for comment, Walter Gonzalez, the assistant vice president of state government relations, told me in an email that “the story in Oklahoma today is not accelerating rate increases. It’s decelerating rate increases.” He pointed me to data showing that average rate increases among the state’s largest insurers fell from 16.4% in 2023 to 5.3% by 2025, and they’re at just 2.9% so far in 2026. Still, what homeowners actually pay is a different story: Oklahoma was among six states nationally to see homeowners’ premiums increase by more than 20% in 2025, an Insurify report found.
Gonzalez also pointed out that insurers paid close to or more in losses and expenses than they made in premiums over the past several years. In a blog post last year, Mulready wrote that Oklahoma’s top 20 insurers paid out $129 in claims for every $100 in premium collected in 2023, improving slightly to $97 in claims for every $100 in premiums collected in 2024. Critics of the industry, however, argue that focusing on underwriting losses elides a major source of profit for insurance companies: their investments.
Birny Birnbaum, the executive director of the Center for Economic Justice, a nonprofit that works on insurance advocacy for low-income and minority consumers, agreed that recent years have been challenging, especially after the reinsurance market retrenched and doubled prices following Florida storms in 2021 and 2022. But those rates have since stabilized and even declined, he said, yet “the insurance companies haven’t been reducing their premiums to reflect that.” Birnbaum has also been highly critical of Mulready’s approach — a hands-off, free-market approach to the insurance industry designed to spark competition and drive down prices. The insurance commissioner never denied a home insurance rate increase requested by an insurance company during his eight-year tenure, Mulready confirmed to me. Indeed, state statute barred him from doing so, he said. “There is no excessive rate in a competitive market,” he told me.
Birnbaum is not convinced. “For some reason, in virtually every state, the regulatory model is: If we allow the insurance companies to do whatever they want, that will bring them back into the market,” he said. He likened that argument to someone claiming that if we removed the Affordable Care Act’s preexisting condition protections, we’d ultimately end up with more people insured. If you heard that, “you’d go, ‘That’s the stupidest thing I ever heard in my life,’” he said, minus an expletive.
A loose regulatory environment might also mean that Oklahoma ends up subsidizing insurance in higher-risk, more tightly regulated ones. When national insurers take big losses in states like California that have stricter rules around rates, they may increase costs in states where it’s easier to do so, Ishita Sen, a professor of finance at Harvard Business School, told The New York Times. (Mulready has vehemently denied this on his podcast.)
Whether Oklahoma’s insurance market is truly competitive is even an open question to some. The insurance industry’s stance, like Mulready’s, is that the Oklahoma market is competitive, and “market-share concentration alone is not a measure of whether consumers have meaningful coverage choices.” And yet Allstate and State Farm alone represent a little over 40% of the market in Oklahoma.
Breaking with Mulready and the APCIA, Sullivan, the Republican candidate for commissioner, told E&E News that he plans to declare the state’s insurance market “non-competitive” if elected. (In an odd quirk of state law, there is no benchmark at which a market becomes competitive or not; it is entirely at the insurance commissioner’s discretion to declare it as such, so long as they hold a public hearing first.) MacIntyre, the Democrat dark horse, has described the market the same way.
Mulready told me that doing so would be a “mistake.” “The only data point that anyone ever presented to me only proved a competitive market,” he said, citing both the Herfindahl-Hirschman index and the four-firm concentration ratio, two popular forms of measurement. An investigation by Oklahoma Watch, however, found that the Oklahoma Insurance Department counted companies, not insurance groups, giving it rosier numbers on the HHI and CR4 scales and distorting the picture of a “potential oligopoly.” Birnbaum, the executive director for the Center of Economic Justice, told me that Oklahoma has “a complete seller’s market” and describing it as competitive is “laughable.”
That said, either choice for the office on the ballot in November would be “lightyears ahead of the current commissioner,” Birnbaum added. “The two candidates who are running both have better ideas and better values and better understanding of how insurance markets operate,” he said.
The winner will have his work cut out for him, though. Birnbaum stressed that the state has done little to assist in residential storm-proofing — one of the most important levers for bringing down costs — and the existing grant program for roof replacements is woefully insufficient. “It would take probably 50 years at this current level of funding to reach all these [homes], and none of these programs actually require insurance companies to have any skin in the game,” he told me, pointing to Wisconsin and Louisiana as examples of states that require insurance companies to offer discounts that incentivize loss prevention. (Mulready told me the first-come, first-serve grant program, which draws on unused funds of the Insurance Department, has helped replace around 700 roofs since it began in 2025).
In addition to reviewing rate increase requests and opening investigations into insurance companies’ claims payment processes, DeLong echoed the need for a much larger grant mitigation program. “Admittedly, that’s going to be expensive,” he conceded. “But it will be a lot more expensive if you don’t do anything.”
Mulready, meanwhile, laughed when I asked him for his advice for his successor. “That could be awhile,” he said. But he directed Sullivan or MacIntyre to “make decisions based on the data.” That’s what he did, he said. And the years, he mused, have gone fast.
Current conditions: Tropical Storm Simon is expected to intensify into a Category 4 storm as it tracks northeast into Mexico and Texas from the eastern Pacific • Further north in the Pacific, Tropical Storm Rachel is barreling toward Southern California and northern Mexico • Hurricane Isaias, the first major storm of the Atlantic hurricane season, is poised to make landfall as a Category 2 sometime between 8 p.m. ET and 1 a.m. and somewhere between Alabama’s Dauphin Island and Destin, Florida.
With swells topping 7 feet, Hurricane Isaias has forced almost two-thirds of U.S. oil output in the Gulf of Mexico offline, as the storm cuts a path through one of the most productive regions of the sea. Of the 371 manned drilling rigs in the Gulf, 121 were evacuated as of Thursday night, representing a third of all platforms, according to data from the Department of the Interior’s Bureau of Safety and Environmental Enforcement. But those rigs represent 1.3 million barrels per day of production, or roughly two-thirds of the Gulf’s crude output. Almost 1.2 million cubic feet per day of gas production, representing over 57% of U.S. production in the Gulf, is also offline.
Meanwhile, an attack on an oil tanker near Qatar, in an area The Wall Street Journal described as deep inside the Persian Gulf, has triggered fears among traders that Iran plans to broaden its strikes on vessels traveling beyond the Strait of Hormuz as the U.S. Navy loosens the Islamic Republic’s grasp over the narrow waterway. The price of Brent crude, the key global benchmark for oil, spiked more than 4%.
Last month, OpenAI provided investors with figures indicating that it expected to rake in $70 billion in annualized revenue as of the end of September. But updated financial documents show a $20 billion shortfall in the ChatGPT maker’s books. The gulf between the two numbers amounted to what the Financial Times called “a massive gap likely to damp optimism about the growth of AI demand” at a moment when investors are diverting billions from factories, healthcare, and housing into data center infrastructure.
Shares in companies whose values are linked to rising demand for electricity, such as the utility Constellation Energy, the nuclear startup Oklo, and the geothermal developer Fervo Energy dipped on Thursday, along with chipmakers Nvidia and Micron.
First off, let me just say, this is quite a stirring way for a national government to begin a press release touting a policy on energy efficiency: “The world is changing rapidly. In response, a confident Canada is choosing to build.” In the name of slashing bills in a country where 7 million households “still heat their homes with oil, propane, diesel, electric baseboards, or outdated furnaces,” Prime Minister Mark Carney launched a nearly $1.5 billion (in U.S. money, not loonies) program Thursday aimed at delivering a million home retrofits. The first part of the program will provide a national heat pump rebate of up to $12,000 for up to 820,000 households. The second part will support the Canada Mortgage and Housing Corporation and the Canada Infrastructure Bank to renovate 280,000 units over the next eight years to make homes more airtight and energy efficient. Combined, the measures are expected to reduce Canada’s emissions by 25 million metric tons, equal to taking 8.5 million cars off the road for a year.
While my colleague Katie Brigham had a really sharp guide to making your home more efficient back in 2024, when federal money was flowing into such projects through tax credits, U.S. support for home retrofits has fizzled since President Donald Trump returned to office. But as the effects of wildfires worsen, the market for DIY fire protection is booming, our colleague Jeva Lange wrote this week.
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Polskie Elektrownie Jądrowe, the state-owned company building Poland’s first nuclear station on its Baltic coast, has begun ordering long-lead items for its planned trio of Westinghouse AP1000s. That typically involves heavy forgings and castings for pressure vessels, World Nuclear News reported, as well as steam turbines and generators, and marks a major milestone for a project that has started gaining new momentum after years of bureaucratic back and forth.
Urenco USA, the American division of the European nuclear fuel giant, announced Thursday that its new enrichment facility in the U.S. is now 75% complete. “We are consistently delivering new capacity to help fuel the U.S. nuclear industry and allied nations, and our teams are doing it ahead of schedule and on budget,” Jody Blackshear, Urenco USA’s managing director, said in a statement. “This experience will support our larger capacity programs in the years ahead as we look to increase our enrichment production by more than 50% to meet the needs of our customers with traditional and advanced reactors.”

El Niño is here, and it’s threatening below-average rainfall across the northern parts of South America and above-average precipitation in areas such as southern Brazil, Paraguay, and Argentina. That, according to a new International Energy Agency analysis, poses a problem for a continent that depends heavily on hydropower for electricity. “While countries across the region have accumulated significant experience in managing hydrological stress due to El Niño and other climate-related risks, preparedness measures are often focused on specific events, rather than embedded within specific and comprehensive risk-management frameworks,” the report stated. “With climate-related disruptions likely to become more frequent and severe, there is increasing value in adopting a systematic approach to assessing and strengthening emergency preparedness for the electricity sector.” Among the steps the IEA recommended: More interregional power connections, more diverse power mixes, and more dispatchable power units.
QuantumScape has long been a frontrunner in the race to commercialize solid-state batteries that are lighter, more efficient, and ultimately cheaper than the lithium-ion packs that dominate the market today. Now, much like other developers who were previously locked into electric vehicles, the San Jose-based startup is getting into the data center business. On Thursday, the company announced the launch of its QS PowerBlock, a battery unit for behind-the-meter power users. The modular system “can deliver four times the power density and five times the runtime” of the data center industry’s current standards for batteries, the company said in a press release. “Solid-state battery technology offers an unmatched combination of energy, power, and safety for many different applications, from electric vehicles to AI data centers and beyond,” Siva Sivaram, QuantumScape’s chief executive, said in a statement.
Many nonprofits representing the environmental and climate movement are split.
This is Heatmap Daily, an evening digest written by our executive editor.
It’s now been just over a week since a gang of four bipartisan senators released the Bipartisan American Affordability and Jobs Act, or BAAJA. The permitting reform proposal would make too many changes to federal law to summarize cleanly here — read our explainer for that — but suffice it to say it creates a messy group of winners and losers. Utilities, data centers, and the Trump administration would lose; electricity ratepayers, clean energy companies, long-distance transmission lines, and natural gas pipeline builders win. (As would geothermal startups, virtual power plant providers, and a few other climate tech subsectors that my colleague Katie Brigham recently detailed.)
In the ensuing week since its release, we’ve gotten a better sense of the battle lines over the bill. The hardhat unions largely support the proposal (although the International Brotherhood of Electrical Workers, which is often aligned with utility executives, has stayed notably silent on it.) Clean energy trade groups, such as the American Clean Power Association, back it, too, as do fossil fuel lobbying groups, such as the American Petroleum Institute.
Groups representing the environmental and climate movement are more split, and some of the most influential nonprofits have yet to render a verdict. Earlier today, the Sierra Club published its first take on the proposal, which it described as a “hard look” at the bill. The Natural Resources Defense Council asked its own “hard questions” last Friday. Neither document rejects the proposal outright, although both are critical, and both suggest that future statements are coming.
To some degree, the statements say what you might expect: The groups like all the parts of the compromise that Democrats fought for (such as those that will encourage transmission) and dislike what Republicans wanted (such as those that will ease some pipeline permitting). That is what a compromise means — and for congressional procedure reasons too tedious to explain here, permitting reform will likely always need to be passed as a bipartisan compromise, because it will always need to overcome a 60-vote Senate filibuster.
The Sierra Club’s assessment divides the bill into “green flags,” which will make “long-overdue changes to protect consumers and level the playing field for proposed transmission,” such as by making it easier to plan long-distance power lines, protect ratepayers from utility and data center freeloading, and clarify who in the government can approve power lines. It also names four “red flags,” including the “hollowing out” of court authority over some permits, the removal of a Clean Water Act provision that lets governors block pipelines and power lines, and the option to delegate partial Endangered Species Act enforcement to state governments.
This is a helpful scheme, and I hope the Sierra Club continues using it. But I think it would be a mistake to analyze the bill solely through this metric, because it implicitly assumes we are starting from a neutral baseline — or that every additional “unit” of policy support, so to speak, helps an insurgent industry as much as it might aid an incumbent industry. To be clear: Although I’ve endorsed the idea of permitting reform in the past, I’ve been careful not to endorse or reject this particular permitting bill yet; I hope to write a more comprehensive take on this legislation — and whether I think it’s a good idea — before senators ultimately vote on it.
So for now, let me say that I think everyone should keep in mind that the baseline around U.S. energy permitting is, in fact, not neutral today. By this, I do not merely mean that natural gas pipelines already have a one-stop shop for federal permits, but transmission developers have to go hat in hand to every state government; nor that fracking is already carved out from some federal environmental review laws, but enhanced geothermal technology isn’t.
The mismatch goes deeper than that. Many of the discussions of the bill that I’ve seen seem to fear that the United States might witness some enormous and unprecedented fossil fuel buildout were the bill to pass. But make no mistake: We are already witnessing such a buildout. The United States is slated to add more than 60 gigawatts of new natural gas generation capacity by 2030 under its existing laws.
The existing system of laws, regulations, and procedures is failing to avert an enormous fossil fuel buildout. The existing system has proven itself completely inadequate to manage an era of electricity demand growth and the data center boom without surging fossil demand and sky-rocketing electricity prices. The existing system of laws is pushing hyperscalers and developers to burn natural gas on site, often through rudimentary jet engines.
And the existing system of laws has shown that fossil fuel consumers will go to great lengths to move and obtain fossil fuels, even when dedicated transport options like pipelines are not available. I’ve heard fears that the permitting bill will make it easier to build natural gas pipelines. But pipelines, to a dedicated artificial intelligence customer, are no constraint: Oracle is now delivering natural gas to some of its data centers by truck when pipeline capacity isn’t available.
There may be reasons for green groups to reject this deal. (And there may be reasons for Democratic lawmakers to support it anyway, even if environmental groups oppose it.) But the perfection of our current environmental and energy legal regime is not one of them. Even if your sole goal were to reduce the carbon emissions produced by the American energy system — even if you set aside the problems with cost, conventional pollution, or monopoly control — the current system sucks.