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A new report shared exclusively with Heatmap documents failures of transparency and governance at the Greenhouse Gas Protocol.

It is something of a miracle that tens of thousands of companies around the world voluntarily report their greenhouse gas emissions each year. In 2025, more than 22,100 businesses, together worth more than half the global stock market, disclosed this data. Unfortunately, it’s an open secret that many of their calculations are far off the mark.
This is not exactly their fault. To aid in the tedious process of tallying up carbon and to encourage a basic level of uniformity in how it’s done, companies rely on standards created by a nonprofit called the Greenhouse Gas Protocol. The group’s central challenge is ensuring that its standards are both credible and feasible — two qualities often in tension in greenhouse gas accounting. The method that produces the most accurate emissions inventory may not always be feasible, while the method that’s easy to implement may produce wildly inaccurate results.
Critics have long faulted the Protocol for allowing companies to look far better on paper than they do to the atmosphere. In 2022, the group began in earnest to try and fix this, starting with an overhaul of its governance. It created a new Independent Standards Board that would oversee and approve updates to each of its accounting rules, and later convened a series of technical working groups to develop the substance of those updates. One such group was updating the method for how companies should account for their electricity use. Another was focused on supply chain emissions.
The working groups would meet regularly to put together proposals and then submit those proposals to the Independent Standards Board for approval. A separate steering committee would then review the board’s decision to ensure that the Protocol’s overall principles had been followed throughout the process and make the final call.
The new structure was meant to “further bolster the credibility and integrity of these standards,” the Protocol wrote. The overhaul was especially timely as governments around the world, including those of the European Union and the state of California, were taking steps to adopt the Protocol’s standards in their own mandatory climate disclosure rules.
But what started as a laudable effort to improve transparency and accountability has turned rancid, some of the participants told me. Scientists are being pitted against industry representatives. Proposals, voting records, and other key documents are being kept from the public eye. Decisions made behind closed doors are going undocumented and undisclosed, kept secret even from the working group members who have devoted significant unpaid time to the cause of developing stronger standards.
These issues are broadly illustrated by the experience of Kate Dooley, a member of the GHG Protocol’s technical working group on forest carbon accounting. Dooley is a political scientist and lecturer at the University of Melbourne’s School of Geography, Earth and Atmospheric Sciences who has worked on issues related to forest carbon accounting for roughly two decades. She joined the 17-person working group in December 2024; the group’s assignment was to resolve a contentious debate over how companies that own or control forests or use forestry products in their supply chains should account for carbon emissions related to their harvesting, land management, and wood product purchases. The group included academics like Dooley, industry representatives from companies such as IKEA, and experts from non-profits including the Natural Resources Defense Council and the American Forest Foundation.
After six months of meetings, however, the members could not reach a consensus. One of the key reasons forest carbon accounting is difficult is that forests can both emit carbon and remove it from the atmosphere. Determining what proportion of those removals are a result of human activity versus what would happen naturally gets complicated quickly. The stakes were high, because even though the GHG Protocol standards are portrayed as neutral accounting exercises, small decisions about how this accounting is performed can create big shifts in incentives for how companies operate.
The forestry group considered two main approaches. One is called the “managed land proxy,” or MLP, and it is the method countries use to report their emissions to the United Nations. This method would allow companies to include all of the carbon that’s being sequestered on their lands in their greenhouse gas inventory. A timber company that cuts down trees, for instance, would count both the emissions released from logging as well as the carbon sequestered by the remaining tree stands and calculate a net result.
The major criticism of this approach is that it’s easy to game and leads to unintuitive results, where forest product companies come out looking like they are removing far more carbon than they are releasing. The method would also enable companies to use the average emissions and removals of an entire region in their calculations, rather than the specific logging and forest management practices of their supply source. Another risk is that companies could simply buy up additional forest land to reduce their emissions on paper while changing nothing about their business practices.
Proponents of this method put forward what they framed as a compromise, called “MLP+,” which attempted to put some guardrails around these issues. Regardless, the scientists in the group argued that it was scientifically incorrect to attribute all forest carbon sequestration that happens within a given tract of land to a company when that carbon removal may be the result of unrelated factors such as elevated CO2 in the air from climate change, or that a previous owner had cut down trees that were now growing back.
The alternative method that the scientists, including Dooley, put forward is called “activities-based accounting.” Rather than take credit for all forest growth, this method would require landowners to account for the growth that would have occurred without human interference and subtract it from their estimate of carbon removals. This method would be more difficult and require further work to fine-tune. It would also have the effect of making corporate forest emissions look much higher on paper.
In a final vote between two proposals, the members split 8 to 7 in favor of MLP+, with two sitting out the vote. The group delivered both proposals to the Independent Standards Board for consideration last spring, but the board could not reach a consensus, either. Ultimately, the organization decided to finalize the land sector standard in January 2026 without any guidance for forest carbon accounting, advising companies to go with whatever method they wanted as long as they disclosed how they did it. It noted that it would soon issue a request for information to gather more stakeholder input on the issue.
By the end of the working group process, the internal dynamics had grown combative. Dooley and other scientists in the group argued that certain scientific papers supported their rebuke of MLP. But another member, Nathan Truitt, the executive vice president of climate funding at the American Forest Foundation, argued that the same papers made the opposite point.
“It was this weird, Kafka-eque development,” Dooley said. She responded to the entire group with a long email detailing the last 20 years of debate on the subject, she told me. “I think in that email I accused [Truitt] of industry bias, because there was no other explanation for what he was doing,” she said.
The American Forest Foundation provides technical and financial support to help private landowners sustainably manage their forests. Truitt, for his part, characterized the atmosphere in the working group as toxic. He told me that the scientists did not adequately explain to him why they thought he was interpreting the papers incorrectly. He noted that the foundation is a mission-based nonprofit, and less than 5% of its revenues comes from the forest products industry, but the organization does believe in supporting healthy forest markets. “If landowners can’t generate revenue from appropriate forest management, there won’t be forest there very long,” he said.
But Dooley’s concerns were bigger than just interpersonal challenges. She didn’t understand why none of the explanatory memos or official proposals produced by the working group had been published to the Protocol’s website, when similar documents produced by the other working groups had been made public. (Truitt also was not aware of this until I reached out to him, and was surprised to learn it.)
Initially, the scientists’ full memo on their approach was not even shown to the Independent Standards Board; Dooley told me she had to write to the head of the board and ask that it be shared. It was also odd to her that there was no follow-up from the Independent Standards Board after the proposals had been submitted.
Perhaps one of the strangest elements of the process was that the Greenhouse Gas Protocol had conducted a real-world pilot program of MLP prior to the formation of the working group. There was public documentation of the pilot’s existence, but the outcomes were not published, nor were they shared with the group. Dooley said that someone who had viewed the results told her they decidedly proved the problems with MLP. Her understanding was that almost all of the forest product companies that participated reported huge amounts of net carbon removals, making them appear to have a beneficial impact on the climate, contributing nothing to global emissions. “To me, it’s inexplicable why that pilot study wasn’t shown,” she said.
Months later, in January 2026, Dooley received a document that reframed her experience. It was a formal complaint made by Truitt the previous April that challenged the scientists’ expertise and impartiality, she told me. She also learned that following the complaint, the Independent Standards Board solicited opinions from additional outside scientists on the two proposals. She was shocked that she had been kept in the dark as this was going on.
Dooley emailed the head of the board and other leaders at the Protocol to ask why she and the other scientists weren’t told about the complaint or given a chance to respond. “We write to express concern that this complaint was not initially communicated to those concerned, and to request clarification regarding its handling and any subsequent developments,” the email said. She also inquired about the unpublished proposals and lack of follow-up from the board. She sent the email on January 23. She has yet to receive a response, she said.
“It strikes me as a very bizarre process,” she told me. “It’s unacceptable.”
When I spoke to Truitt about the complaint, he told me he did not mean to suggest that Dooley and the other scientists’ perspective was invalid. On the contrary, Truitt was concerned that there weren’t more experts in the working group, or at least more of the right experts. In 2024, the Intergovernmental Panel on Climate Change had hosted a three-day meeting in Italy specifically about the issues with forest carbon accounting, albeit at the national level. Truitt read the final report that came out of that meeting and didn’t understand why none of the scientists involved were on the Protocol’s technical working group.
Initially he wanted to share this concern with the working group directly, he said, but third-party consultants hired to facilitate the group’s progress advised him to bring it to the Protocol’s staff. He did that, and again asked to share it with his colleagues so that it would at least be in the group’s records, but was instructed not to, he said.
Truitt told me his complaint urged the Protocol to invite some of the experts from the IPCC meeting to join the working group. He said that the head of the Independent Standards Board later told him there was not enough time, but that the board would consult with some of those experts once it had the proposals.
The GHG Protocol did not answer detailed questions I sent them for this story. “We are in the process of addressing, through an independent review, a few concerns relating to work within one of our Technical Working Groups,” a spokesperson told me in an email. “As this is an internal ongoing matter, we cannot comment further but we are committed to addressing any findings appropriately.”
The spokesperson also emphasized that robust debate was central to the standard-setting process, and that the organization is “committed to ensuring that all discussions are conducted in a respectful, transparent and well-facilitated manner, with clear governance structures in place to support balanced and evidence-based outcomes. We value all inputs and feedback on how to improve our multistakeholder processes.”
While Truitt and Dooley vehemently disagree on forest carbon accounting and what went wrong in the working group, they are on the same page about one thing — the Protocol has issues with transparency. A new paper published Wednesday argues that the issues Dooley described are systemic, and warns that the Protocol seems to be moving further away from its commitment to accountability.
The paper’s author is Danny Cullenward, an economist and lawyer focused on the scientific integrity of climate policy, who is currently a senior fellow at the University of Pennsylvania’s Kleinman Center for Energy Policy. Cullenward also sits on the Protocol’s Independent Standards Board and is restricted by a non-disclosure agreement from describing what he has witnessed in the role. His paper draws on publicly available information in an effort not to violate his NDA. (Cullenward has also contributed to Heatmap.)
Part of what drove Cullenward to write the piece were concerns outlined in a complaint he and another board member filed jointly to the Protocol. While Cullenward could not discuss the substance of the complaint, his paper notes that it alleges “violations of the Board’s terms of reference,” and that the violations “undermined the scientific integrity of the Board’s deliberations” over the land sector standard.
“I do not have any confidence that we are going to end up in a place where there is public disclosure about what occurred,” he told me, “and that is concerning.”
His paper critiques the Protocol’s formal complaints process more generally, noting that it does not describe how complaints should be adjudicated. Because the Independent Standards Board is bound by an NDA, filing a complaint is the only means by which members can flag malfeasance. If these complaints are then adjudicated in private, there is no “external mechanism to ensure that the Protocol’s overall governance rules are being followed in practice,” Cullenward writes.
He further highlights two overarching failings at the Protocol. The first is that the group’s two key decisionmaking bodies — the Independent Standards Board and the Steering Committee — are imbalanced. The former has members from industry, academia, and government, but no one from environmental non-governmental organizations. More than half the members on the latter are from the business and financial world, and the Steering Committee does not have a single member from the research community.
Not only does the nonprofit community not have a voice on the board, Cullenward writes, but the absence of those voices “risks politicizing the work of scientist Board members.” While the Protocol’s official decision-making hierarchy deems scientific integrity as its top priority, in practice, scientists are left to defend the science to the business community. If and when contentious scientific issues do arise and the board’s decisions are elevated to the Steering Committee, there is no one on that committee with the training to evaluate the disagreement.
Cullenward also criticizes the Protocol for not publishing records from the Independent Standards Board’s meetings, despite the fact that the board’s governance documents explicitly require the publication of meeting minutes. The board’s votes are done by secret ballot, the report says, so members themselves cannot even see how each other voted. Cullenward calls for this rule to be lifted, for votes to be public, and for board members not to be restricted by NDAs. “A well-functioning organization that follows its own rules does not need to restrict Board members’ legal ability to speak about their experiences,” he writes.
Lastly, Cullenward warns that the Protocol seems to be heading down a path of increasing opacity. Last fall, the group announced that it was planning to harmonize its standards with the International Organization for Standardization, or ISO, a separate, much larger group that writes voluntary standards for all kinds of industries. (To date it has written more than 26,000 standards, applying to everything from screw threads and paper sizes to food safety and electrical grids.) The GHG Protocol published new rules governing this joint work, which, unlike the technical working group rules, do not require members’ names be public or a balanced representation of stakeholders.
One of these joint working groups has already been convened, and while the GHG Protocol published the names of the members it nominated to the group on its website, the ISO-nominated members are not listed, and the total group size is unclear. It’s also unclear what this harmonization process will look like, and whether it will involve another overhaul of all of the standards the Protocol has spent the past several years revising.
I reached out to a few other carbon accounting experts for their thoughts on Cullenward’s paper. Michael Gillenwater, the executive director of the Greenhouse Gas Institute, who is in one of the other technical working groups, told me the concerns raised about bias go back to the origins of corporate climate accounting. The focus has long been on “what companies want to report and claim versus what is technically fit for the evolving range of purposes that the GHG Protocol has been and is newly being used for,” he said.
Matthew Brander, a professor of carbon accounting at the University of Edinburgh who also serves on a technical working group, told me he agrees that commercial interests are overrepresented among the working groups — not just in terms of numbers, but also in the amount of time and resources they can spend to engage and lobby for their preferred outcomes. Despite the Protocol’s claim of being “science-led,” he told me, scientific research is often ignored. Brander was also frustrated with the complaints procedure, telling me that a complaint he submitted did not get a substantive response.
“I don’t think there is ever a perfect way of managing/governing standard-setting processes,” he said in an email, “and commercial interests will very often hold sway.”
While Cullenward told me he thought improving transparency and representation would help alleviate many of his concerns, Dooley was less sure.
“The idea that science speaks as an independent, authoritative voice is a myth,” she said. “It’s actually what my research is about. Lots of science is politicized and can be used to support any side of the debate generally. But the way the process was set up very much leant into that and allowed that to happen, rather than mitigated against that.”
Editor’s note: This story has been updated to correct the description of American Forest Foundation and clarify the sharing of papers within the working group.
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On Korean reactors, California plug-in solar, and Europe’s green steel champion
Current conditions: Floodwaters from the remnants of Hurricane Polo breached a 20-foot dam in southern New Mexico, forcing evacuations • The Pacific’s active hurricane season continues as Hurricane Rachel threatens dangerous rip tides off Baja California • Further north in the Pacific, Tropical Storm Choi-wan is headed toward the Northern Mariana Islands.
It’s 417 pages — or, for those of you who think in such terms, roughly two-and-a-three-quarters the length of a standard environmental impact statement. And it the landed yesterday with much fanfare. The Senate’s grand compromise on permitting reform, dubbed the Bipartisan American Affordability and Jobs Act, or BAAJA, is packed with sweeping changes that promise to upend how data centers are built, whether transmission lines get constructed at all, and speed up deployments of all kinds of energy infrastructure. My colleagues — there are five bylines on this sucker, if you have any doubt about how seriously Heatmap is taking this — have a dense and comprehensive explainer here.
Whether the bill becomes law is another question. Already, House Democrats are casting doubt over whether they will vote for the legislation during the lame-duck session after Republicans likely lose control of at least the lower chamber of Congress in November’s midterm elections. “Most Democrats will want to see how things go on Nov. 3 and then do a reality check,” Representative Jared Huffman, a California Democrat, told Bloomberg reporter Ari Natter. “If we’re on our way to a majority in one or both Houses, it makes no sense to fold our hand when we could wait a few months and have a much better deal early next year.” Any hope of brokering a deal to vote on the bill before the election seems unlikely. A GOP source told me “there is no way” House Speaker Mike Johnson, the Louisiana Republican, “will call back people from the campaign trail to vote on this in the House.” So it may be too soon to turn the acronym into a name. But my humble suggestion is to pronounce BAAJA as BAH-zhuh, which sounds like Basha, my late grandmother’s name. I can only assume the rest of you are equally moved by that association.
South Korea is the only country in the democratic world with a strong, recent track record of building nuclear reactors competently and on time. Seoul’s state nuclear giant is also bound by a settlement with America’s flagship nuclear company, Westinghouse, which accused Korea Hydro & Nuclear Power of ripping off the design of the U.S. reactor, the AP1000. As a result, the Koreans can’t build their own reactors in North America or Europe. But in a bid to stave off President Donald Trump’s tariffs, South Korea has agreed to spend $200 billion on U.S. energy projects. That includes an investment into Alaska LNG, a major liquified natural gas terminal, a gas-fired station in Texas, and eight nuclear reactors, according to Bloomberg and Politico. The deal is the culmination of talks ongoing since the spring, as I previously reported, and comes amid swirling rumors in the South Korean press over whether Seoul could secure a stake in Westinghouse if the American company makes a debut on the stock market. In a statement, the Canadian uranium giant Cameco, which owns 49% of Westinghouse, said the eight reactors in the Korean deal “contemplates” the construction of as many as six new AP1000s and up to two Korean APR1400 reactors. Still, the company emphasized that it was focused on the Department of Energy’s condition loan commitment to finance AP1000 components for any joint venture between Westinghouse and a utility building one of its reactors. But it said that, if both the American and Korean reactors can be built successfully, “both technologies are expected to be deployed on federal sites designated” by the U.S. government, “beginning with the deployment of two AP1000 reactors.”
It’s unclear when the South Korean money will flow into actual projects on the ground. But New York is putting up dollars. On Tuesday, New York Governor Kathy Hochul awarded another $10 million to the New York Power Authority to support workforce development programs in a bid to train more people to staff the nuclear power stations her administration has tasked the state utility with financing. “Advanced nuclear is a cornerstone of my all-of-the-above strategy to keep the lights on and costs down for New Yorkers,” Hochul said in a statement. “The $10 million in funding approved today by the NYPA board will help ensure New York’s advanced nuclear future will be built by and for New Yorkers and also re-energize an industry that will create thousands of high-quality jobs while complementing our nation-leading efforts on wind and solar.” Canada, meanwhile, is upping its ambition. Saskatchewan’s provincial government announced plans this week to build at least two large-scale reactors by the early 2040s, NucNet reported.
When Secretary of Energy Chris Wright sat down with my colleague Robinson Meyer last week, he said he doubted the Trump administration would impose a temporary ban on exporting diesel amid record-high prices. But the Financial Times reported Wednesday that the White House was holding “crisis talks” to determine whether the move was merited. Experts have cautioned that it could lower diesel prices in the U.S. slightly, but would send prices soaring in Europe.
Russia, meanwhile, just renewed its ban on diesel exports, blunting both the effects of the global market chaos and the profits the Kremlin could be yielding given its rising crude exports, Bloomberg reported.
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California Governor Gavin Newsom signed a series of bills Wednesday that clear the way for more homeowners in the state to slash their electricity costs and personal carbon footprints. Under one new law, utilities will offer a voluntary incentive to electrify homes whenever the pipe connecting a home to a gas main line is due for replacement. Under another, homeowners and even renters will be able to install plug-in solar panels that can generate small amounts of electricity on roofs or balconies.
As grows a market in the nation’s most populous state, so goes the country. The so-called balcony solar bill in particular is expected to supercharge the market, making cheap, personal solar panels more widely accessible. As my colleague Katie Brigham wrote last year, plug-in solar is popular in Europe, and could find a big market in the U.S. New York, for example, passed legislation this spring, though Hochul has yet to sign it.
Europe once boasted two cutting-edge green industrial manufacturers, both in Sweden, with shared investors and executives. Northvolt, an electric vehicle battery manufacturer, declared bankruptcy last year. That left only Stegra, the green steelmaker. Shortly after Northvolt went under, Stegra went looking for another financial lifeline to cover the mounting costs of commercializing its renewable electricity-based method for forging steel. It ultimately received one from a French hydrogen investor. Now Stegra says it needs more money to complete its flagship first project in northern Sweden. The company named former Saab aerospace executive Håkan Buskhe as its new chief executive, replacing Henrik Henriksson who served in the top role since 2021. The new leadership’s review of its books and plans revealed “that additional capital is required to complete the project, as estimated costs of completing it are significantly higher than assumed in June.” The high costs “are mainly the result of substantial ramp-up costs following the prolonged scaling back of work earlier this year, as well as inflation.”
The U.S., meanwhile, may be getting what Canary Media called a “lower carbon steel mill” in Iowa. Mesabi Metallics, which is already building America’s first new iron ore mine in 50 years, announced plans this week for a $15 billion steel plant in southeast Iowa that would rely on what’s called direct reduced iron, a cleaner method of making iron than a traditional coal-fired blast furnace. As my colleague Emily Pontecorvo wrote last year, the Trump administration may have violated the law when it diverted Energy Department funding from a green steel project in Ohio to instead reboot a blast furnace. Hyundai is also building a gas-powered DRI steel mill in Louisiana, which the automaker plans to eventually run on low-carbon hydrogen, as I previously reported.

Before the artificial intelligence boom (and its less sexy older brother, the cryptomining boom), electricity demand growth was a problem many proponents of decarbonization actually wanted, because it would mean electrification was taking off. Last year, record EV sales translated into record 16% growth in electricity demand for charging the light-duty battery electric vehicles. But this year the growth fell by half to just 8%, according to the latest analysis by the U.S. Energy Information Administration.
Controlled Thermal Resources has completed key financial steps ahead of its planned Nasdaq debut.
California’s inland Salton Sea is a potential clean energy double dip, with vast and largely untapped geothermal hotspots for generating heat and electricity and rich deposits of lithium, manganese, and other critical minerals needed to fuel the battery revolution.
Now one of the companies looking to commercialize both resources is taking a big step toward debuting on the stock market.
On Thursday, Controlled Thermal Resources is set to announce that it’s converting $205 million of debt into equity ahead of a planned initial public offering on the Nasdaq later this year, Heatmap can exclusively report. Among the big investors swapping debt for a stake in the Imperial, California-headquartered startup is the automaker Stellantis, according to a source with direct knowledge of the deal.
“Like a lot of our colleagues in this industry, we need to raise a lot of capital to build out a multi-stage project,” Rod Colwell, CTR’s chief executive, told me this week. An IPO, he said, “is a mechanism that enables us to keep going back to the market as we build out our 650-plus megawatts and supporting infrastructure that follows.”
He declined to comment on what interest Stellantis, which owns brands such as Chrysler, Jeep, and Maserati, has in the deal. The Dutch auto giant did not respond to multiple requests for comment.
“Automakers who successfully build out a resilient EV supply chain, including mining and mineral processing, will be in a good position to compete as the U.S. auto market continues to evolve in the years ahead,” Corey Cantor, the research director at the trade group Zero Emission Transportation Association, told me via email. With electric vehicles sales also booming globally, “having a more resilient supply chain up and running soon is more important than ever.”
CTR isn’t pursuing a traditional IPO. Instead, the startup is planning to go public via a merger with a special purpose acquisition company, a so-called blank-check firm that’s already trading, allowing the actual primary entity to swiftly issue stock to retail investors. While plenty of SPAC deals have proven volatile in recent years, particularly in cutting-edge clean energy, geothermal stocks are particularly — forgive me — hot.
Fervo Energy, the country’s frontrunner in developing next-generation geothermal power plants, is racing to complete its first major facility, known as Cape Station. Shares in the Houston-based firm skyrocketed after its IPO in May, though the price has sunk in the intervening months.
With demand for electricity soaring, CTR shifted its strategy to focus on building its debut 50-megawatt geothermal power station. Power and heat from that facility will, in turn, be used to extract and process lithium and other minerals from the briny inland lake.
CTR said it aims to move forward with its plant next June, with the facility expected to come online in 2028.
“Shortly thereafter, we’ll be building out the critical minerals component,” Colwell said. “That’ll be commissioned in 2030.”
Editor’s note: This story has been updated to correct the generation capacity of CTR’s debut power station.
The Bipartisan American Affordability and Jobs Act would remove longstanding roadblocks to expanding the power grid and developing new energy infrastructure. Here’s our guide.
It’s taken two presidential administrations, four years, and who-knows-how-many proposals that never saw the light of the Senate floor. But a long-awaited bipartisan deal to streamline the country’s permitting system is here.
On Tuesday, a bipartisan gang of senators — the leaders of the Environment and Public Works and Energy and Natural Resources committees — released an omnibus legislative package meant to streamline many permitting processes across the country.
Dubbing themselves the “Four Corners,” the lawmakers — Shelley Moore Capito of West Virginia, Martin Heinrich of New Mexico, Mike Lee of Utah, and Sheldon Whitehouse of Rhode Island — framed the deal as a way to lower energy costs, stabilize the energy system, and expand the economy.
The Bipartisan American Affordability and Jobs Act, or BAAJA, aims to address a wide-ranging set of complaints that lawmakers have about the energy and permitting system.
It would streamline the often arduous permitting processes that can ensnarl and delay virtually any kind of federal infrastructure project, rewriting a slew of largely procedural laws that have come to frustrate leaders in both parties. And it would limit executive agencies from hemming specific sectors of the energy industry, as President Donald Trump has done to the wind sector and previous Democratic presidents did to oil and gas.
The bill would also encourage a build-out of new long-distance power lines, which could help calm surging power prices and unlock more renewable electricity, and weaken the monopoly power of electricity utilities. The proposal also rewrites federal electricity law to ensure that artificial intelligence data centers cannot drive up power rates for American households.
Not all of the provisions will be easy for environmental groups to accept. The bill strips a Clean Water Act provision that had allowed some Democratic governors to block the expansion of natural gas pipelines, for example.
But the bill reflects, above all, the confidence of its coauthors. Negotiators in both parties believe their favored technologies will win in a more open permitting environment. Democrats contend that solar and batteries, which are now often the cheapest source of new electricity on the grid, will triumph once opponents lose tools to fight them. And Republicans hold that a looser permitting environment will deepen fossil fuels’ dominance.
“We’re motivated by one central shared concern. We want to make it easier in America to build things,” Senator Mike Lee of Utah, the Republican chair of the Senate energy committee, said at a press conference announcing the deal.
“This should lower electricity costs measurably for Americans. This should increase clean power significantly for Americans. This should significantly add construction and jobs across the country, and this should contribute to a lift in America’s overall economy,” Senator Sheldon Whitehouse, the Senate environmental committee’s ranking Democrat, said at the event.
The bill is not guaranteed to become law. The Senate will not vote on it until after the midterm elections in early November, when it will require 60 votes to bypass the filibuster. Senate Democrats also said that they were still waiting for key assurances that the Trump administration would end its blockade against permits for wind farms and some other forms of clean energy. “We have had what I would consider to be a very reasonable opening proposal from the Trump administration,” Whitehouse said, but the issue remained “unresolved.”
Heatmap journalists have spent the day digging into one of the biggest bipartisan changes to federal environmental and energy law in years. Here’s our guide to what the bill would do:
Of the many federal statutes that trigger lengthy, arduous, and often duplicative governmental reviews of proposed infrastructure projects, the National Environmental Policy Act is arguably the most notorious. Current federal law requires an environmental review under NEPA for “major federal actions,” a term that is defined broadly to mean any action subject to “substantial federal control and responsibility.”
BAAJA would narrow that definition so that NEPA review would not be required for federal loans, certain grant programs, and repairs of essential infrastructure, among other actions. Geothermal testing, Federal Energy Regulatory Commission permits for transmission projects, and gas pipeline projects within existing rights-of-way would also be excluded.
The bill borrows a number of provisions from the House-passed SPEED Act designed to quicken the environmental review process and constrain litigation. For example, it would allow agencies to skip the environmental review process when a project has already been reviewed by a state or tribal government. It also allows an agency to ignore scientific or technical information that became available after it published its intent to prepare an environmental document, and prohibits the agency from delaying a decision in order to wait for new scientific research to be completed.
NEPA reviews often give rise to years of litigation. The new bill says that cases will skip the district court system and go straight to the relevant court of appeals. It also limits who can bring a lawsuit to stakeholders who submitted substantial comments during the public comment period or who would be directly harmed by the agency action. Those parties will have just 150 days to file a lawsuit after an agency decision is issued.
Ultimately, if the court finds that the government violated NEPA, it will have to remand the environmental review back to the agency to correct — it cannot vacate the authorization altogether.
The bill applies the same 150-day statute of limitations and similar “remand without vacatur” requirements to legal challenges under the National Historic Preservation Act, the Clean Water Act, and the Endangered Species Act. Ultimately, the bill would make it a lot more difficult if not impossible to stop a project altogether via NEPA litigation.
The National Historic Preservation Act has a process analogous to NEPA’s for evaluating the effect of government actions on areas and objects of cultural significance. Any “undertaking” by the federal government must be reviewed for its effect on “historic properties” (which also have to be inventoried and identified as part of a consultation process). Considering the broad spaces and even broader viewsheds energy and transmission projects often take up, permitting them can be exceptionally difficult. (Just ask the developers behind SunZia.)
BAAJA limits both the scope of the NHPA and the process by which the federal government complies with the law. For instance, it limits the definition of “property of traditional religious or cultural importance” to “an identifiable geographic location or feature at which an event of continuing religious or cultural significance to a living community occurred.” It also limits the duration of the NHPA consultation to the time it takes to complete a NEPA review.
There’s also a new definition of federal actions that qualify for NHPA review that mirrors many of the changes to the definition of “major federal action” under NEPA.
The bill also limits what counts as an “adverse effect of the undertaking” to something that is “reasonably foreseeable” — i.e. directly and immediately caused by the action itself — and “directly alters the characteristics of a historic property in a manner that would diminish the integrity … of the historic property.” It also seeks to exclude any “visual, atmospheric or audible element” — i.e. mere sight or noise — that doesn’t “have a direct impact on a historic property that would significantly diminish” it.
BAAJA would also codify several regulatory changes to Section 401 of the Clean Water Act that Trump’s EPA proposed earlier this year to limit state power. Under current law, a federal agency cannot issue a permit to a project that will discharge pollution into a body of water unless the relevant state or tribe issues a water quality certification or waives that right. The permitting bill would give states and Tribes a maximum of one year to review a project or otherwise waive their right to certify. Senators also proposed that if the state or Tribe waives certification, the matter is settled — the federal government cannot then conduct its own water quality review. If the state or Tribe decide to attach conditions to a certification, or to deny the project altogether, the bill would place a much higher burden of proof on them to back up their decision. States would only be allowed to reject a project based on water quality — they could not cite air pollution or climate impacts.
The bill also creates special rules for interstate transmission lines and pipelines, limiting state and Tribal review to direct discharges from these projects into water bodies and barring them from considering more general, indirect water quality impacts.
Another part of the Clean Water Act, Section 404, instructs the Army Corps of Engineers to establish so-called “general permits” for the discharge of dredged material into U.S. waters. Essentially, if a project will have “minimal adverse environmental effects,” the agency can approve it under the relevant general permit rather than conducting an individual review. The permitting bill explicitly limits the scope of what the Army Corps can consider when determining whether a project qualifies for a general permit to water quality impacts — other environmental impacts must be excluded. It also says that any project that affects less than two acres of “navigable water” shall be deemed to have “minimal adverse environmental effect.”
Finally, the bill would limit project review under the Endangered Species Act to 145 days, tops, and require that it be complete by the time any parallel NEPA review is done. The bill would also exclude certain highway and transit projects from ESA review at all if they are within an existing right-of-way, and create a pathway for states to take over ESA review from the federal government for projects within their borders. — Emily Pontecorvo and Matthew Zeitlin
Transmission lines are essential to the energy transition because they connect the cities and suburbs where people use electricity to the places where cheap and zero-carbon electricity is easy to harvest. The Department of Energy has estimated that the country must boost its long-distance transmission capacity by more than half by 2035 just to meet growing energy demand.
But transmission construction in the United States has long lagged goals, and long-distance transmission is disadvantaged compared to natural gas pipelines or railroads used for coal. Since 1938, for instance, developers that want to build a new interstate natural gas pipeline could go to FERC to get their projects approved. Yet anyone who wanted to build a long-distance power line faced a much more arduous task. Instead of applying to a single federal agency that can approve their proposed line, developers must go hat in hand to every state and local government that their project passes through. States and local governments can then kill a project not even by rejecting its permit, but by sitting on it indefinitely. This means that many transmission lines never even get proposed because developers know they will not get built.
The Senate bill would change that. Under BAAJA, developers could bring a transmission project to FERC at the same time that they propose it to local governments. If the states don’t approve the project within a year, then FERC must step in and approve the line if it deems the project to be in the national interest. (The bill lists several factors — including whether a project cuts bills or improves reliability — that set that standard.)
Under the bill, FERC can also approve who should pay for the new lines. The bill sets out a new national formula that lays out how utilities and customers should divvy up the cost of a new line; only customers who benefit from a project, such as by seeing their energy costs go down, are supposed to pay for it. This provision is meant to overcome another big obstacle to building more transmission lines: Developers haven’t even known which projects might make sense to propose because it was so unclear how to divide the costs of a new line. — Robinson Meyer
For the past 20 years, the federal government has tried to encourage neighboring power grids to connect to each other and build more transmission. But its chosen mechanism — asking the Energy Department to declare specific land corridors where it’s easier to build power lines — hasn’t worked, and little has been built.
BAAJA scraps that mechanism for a new one. Under the bill, the country’s regional grid authorities are required to study whether they could improve their system or reduce customer costs by knitting their own grids more closely together or connecting them to their neighbors. The grids have to use the same forecasts and formulas when studying these interregional connections — something that has never happened before.
If grids decide that they need to build new power lines, then the new law says that local utilities don’t have an automatic monopoly or a federal “right of first refusal” to build those lines. Instead, grid authorities can auction off the right to build those lines.
The bill also tries to keep utilities from building the wrong kind of transmission. Over the past several years, even as utilities have failed to build enough long-distance transmission projects, they have constructed many low-voltage “medium-size” transmission projects that allegedly improve the system’s reliability. In 2023, 90% of transmission spending nationwide went to lower-voltage reliability upgrades, according to data from the Brattle Group collected by the energy nonprofit RMI.
It’s been unclear who is allowed to decide whether these projects are worth it. Because the lines are transmission projects, the federal government is in charge, because it has oversight of utility-scale transmission projects. However, because these projects are often built entirely within state lines (and often entirely within a utility’s service area), the federal government can’t make sure a given project is prudent or needed. The new permitting proposal clarifies that states are allowed to regulate these low-voltage, medium-scale projects. It also says that states can call in the feds, so to speak, and ask FERC for oversight or an investigation if local regulators believe a given utility project is out of line.
BAAJA also overhauls the “interconnection queue” process, an arduous process that has kept new sources of zero-carbon energy from entering the grid. Right now, most of the country’s regional grids require any new power plant to get in the “interconnection queue,” a years-long waiting list, before it can hook up to the grid and sell power to customers. Only upon getting to the front of the queue is a power plant told how much it will have to pay to sell energy to the grid. This process has historically penalized solar, wind, and battery facilities more than fossil fuel facilities, because they are often smaller and less able to pay high interconnection costs.
BAAJA would require regional grids to adopt a particular kind of streamlined interconnection queue that is already used in the Great Plains’ power grid. Instead of waiting in line for years for the right to connect to a grid, power plants could pay a fixed fee under the new model, and the local grid operator could plan its transmission expansion and its interconnection queue in tandem. — Robinson Meyer
Many AI data centers use so much energy that if a utility does not build transmission infrastructure specifically to serve them, then the risk of blackouts or brownouts for everyone on the local grid can increase. Under current federal law, a local utility cannot force a data center to pay for the cost of that new infrastructure and the existing powerlines that it already relies on. This means that ratepayers wind up bearing some of the cost of serving the data center — even if the data center developer has agreed to a ratepayer protection pledge.
BAAJA would change the law so that utilities could charge data centers and other energy-hungry facilities for both the new and the old infrastructure. This would enshrine in federal law the idea that customers should not pay for data centers’ electricity demand — and it would write a form of legal discrimination against data centers and other large energy users into the Federal Power Act. The bill would also require data centers, cloud computing facilities, and crypto miners to report their energy use to the federal government every year.
The bill encourages grid operators to expand the grid’s capacity without building any new infrastructure, encouraging — and sometimes requiring — that utilities and regional grids get the most out of the grid that they have. It forces regional grid operators to allow virtual power plants into their markets, for instance. Virtual power plants let households work together to get paid to use solar panels, batteries, flexible EV charging, or other smart technology to flex their energy use up or down as the grid requires.
The bill also forces utilities to study how they can bolster existing lines or use grid-enhancing technologies to avoid building new infrastructure. It requires that they adopt these technologies when the benefits outweigh the costs or risk losing some of their profit. — Robinson Meyer
The bill says that the federal government is no longer allowed “to take any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after” September 16 of this year. It also says that agencies may not “take any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary Federal authorizations and permits.” Crucially, there is a carveout for these steps “if such action is necessary to prevent specific, urgent, substantial, and proximate harm or damage to life, property, national security, or defense that is based on new information.” That justification would be subject to legal challenge.
The legislation would bar federal agencies from taking more than a year to hand down decisions on permitting applications they consider otherwise complete, and prohibits denial or delay that displays a “pattern of disparate treatment” against any specific energy or mineral infrastructure project. It defines this kind of pattern as “a substantial increase” in the previous five calendar years of delay for one “specific type of covered project beyond the applicable timeline” that is “the result of an intentional course of action undertaken by the federal government to create such a pattern.”
This “permitting certainty” provision applies to at least 46 kinds of projects, including all common fuel types, renewables, pipelines, mines, refineries, battery storage, and fossil fuel export terminals. It would also provide relief to project developers if a court found the federal government applied this “pattern of disparate treatment” — damages, including any costs associated with the delay, to be paid out of the same Treasury Department fund used for recent offshore wind settlements buying energy companies out of their leases.
Put together, these provisions sound like a promising remedy to the renewable energy industry’s woes under the Trump administration. Maybe they are! Companies would finally have explicit legal leverage against the president’s permitting pause.
But it’s too soon to tell whether this — or any — permitting deal can really fix everything. The Trump administration has been extraordinarily creative at finding ways to tie up projects with agency reviews and arbitrary requirements, including some on private lands. A good test for whether this bill would truly clear the administrative logjam is whether it ends the Department of Defense’s slowdown for airspace clearances necessary to build new wind turbines. Anything above 200 feet needs federal air approval and almost all wind turbines are that tall. The DOD ground this once-routine process to a halt, and it’s unclear whether the bill would change that.
Wind developers sued DOD and won a judicial injunction on any continued stallout. In response, developers allege the Defense Department simply created a new system for delaying all of these approvals, citing national security — precisely the kind of programmatic extra-legal delay this bill purports to deal with.
On Tuesday, the developers filed a response to the court stating the Trump administration’s willingness to sign off on individual projects as part of permitting talks was evidence that their fight with the administration on this issue stretched the boundaries of what could be decided within the legal system. “If DOD can quickly approve the projects with mitigation agreements awaiting countersignature in a deal on permitting reform legislation, it’s unclear why they can’t quickly approve the projects to comply with the Court’s order staying the freeze,” the filing reads.
Would this deal help the wind companies in this case? It would create a legal remedy developers can pursue should the federal government continue to muck around. And it would give companies a new, clear statute to reference and say to the courts, “See! They’re not following the law!”
The bill would also give the Trump administration room to say, “See! This is precisely the sort of thing we’re allowed to do in the name of national security.” In that light, Energy Secretary Chris Wright’s remarks on the hypothetical risks of drone attacks at Heatmap House last week take on new significance — it’s a quote-unquote new threat.
At the press conference for the bill, Senate Environment and Public Works ranking member Sheldon Whitehouse said there’s still work to be done on this specific part of permitting negotiations and that the four corners in talks will try to resolve this when lawmakers come back after the midterm elections. — Jael Holzman
Any bipartisan energy effort in Washington will touch on geothermal. Long tagged as the energy generation technology most beloved by both Democrats and Republicans due to being a non-greenhouse-gas-emitting, firm power source that borrows techniques and equipment from the oil and gas industry, there are substantial geothermal specific provisions in the BAAJA.
These provisions are largely culled from a series of proposed bipartisan geothermal bills, including the CLEAN Act, HEATS Act, and STEAM Act, that seek to put geothermal on an even playing field with oil and gas development on public lands and to increase the pace and regularity of geothermal leasing.
To the extent geothermal is held back by having a tougher permitting gauntlet than comparable exploration and production activities for oil and gas, these changes would go a long way to eliminating that gap.
The bill sets the stage for excluding some geothermal activities from the most onerous environmental reviews, including carving out a categorical exclusion (which rules out the most onerous forms of environmental review) for “observation test projects,” which essentially means using geothermal technology, including drilling and monitoring, to determine if a geothermal resource is present. Furthermore, so-called “casual use,” which are “activities ordinarily resulting in no or negligible disturbance of public land or resources” and would include activities like mapping or surface surveying, would be excluded from NEPA review entirely.
Other provisions regularize and speed up the leasing process for geothermal projects on public lands, including by mandating that the Department of the Interior hold lease sales ever year for geothermal drilling projects and that cancelled lease sales be promptly filled in by a replacement sale. It also imposes a 30 day deadline for the Secretary of the Interior to act on a request for a geothermal drilling permit by notifying the applicant the request is complete or needs more work and then another 30 day deadline to either issue the permit or deny it, with a final ten day deadline after the applicant has done the requested work.
The bill also junks entirely the need for a federal drilling permit to do geothermal exploration on non-federal land.
For hydropower — another firm, non-emitting source of power popular with Republicans (and some Democrats) — the BAAJA includes a grab bag of encouragement and regulatory relief and certainty. This includes mandating that the Federal Energy Regulatory Commission write a report “describing any market barriers” to the deployment of hydropower.
These provisions are largely based on the FLOWS Act, introduced by Lisa Murkowski and Angus King in the Senate and Nick Langworthy and Kim Schrier in the House.
The bill also waives the necessity of FERC to approve maintenance and other types of work on existing hydropower infrastructure and limits the ability of land management agencies such as the Bureau of Land Management and the Forest Service to impose conditions on hydropower projects to those “reasonably related to the effects of the project.”
For so-called “micro hydrokinetic” projects, i.e. hydropower projects under 5 megawatts, BAAJA lays out a tailored permitting pathway including 10 to 20 year licenses and a new expedited licensing structure.
While we’re talking about energy generation technologies that Republicans like and that don’t emit greenhouse gases, you might be wondering, what about nuclear? The fission and fusion of nuclei get but a few stray mentions. That’s because nuclear has already had its own bipartisan regulatory reform directing the Nuclear Regulatory Commission to make licensing and permitting projects faster and more efficient. The Trump administration is also using its own administrative powers to overhaul the NRC, including by instituting fixed, short deadlines for permitting decisions and reviews. — Matthew Zeitlin
Finally, the bill includes a number of measures aimed at digitizing the permitting process. It gives the key permitting agencies — including FERC, NRC, the Army Corps of Engineers, and the Departments of Energy, Defense, and Interior, among others — a year to create a pilot for a centralized database of ongoing environmental reviews. That includes a single portal where developers can submit documents for review that will become accessible to all the relevant agencies, rather than having to juggle each agency’s review separately. Anyone with access to the portal will be able to see what documents have been submitted, and project statuses and timelines will update automatically. A final version of the portal would be due by December 1, 2028.
That’s easier said than done, so the bill includes a number of interim deadlines for the Council on Environmental Quality, which oversees NEPA compliance, to establish things like shared data standards and “minimum functional requirements” for various digital tools and processes. Notably, it also incorporates artificial intelligence in explicit ways, for instance by requiring automated comment analysis “with artificial intelligence support where appropriate.” It instructs agencies to preserve certain categories of metadata to assist in future AI-assisted analyses.
This all goes further than previous measures designed to digitize the permitting process such as the ePermit Act, though whether any of the deadlines would be enforceable is another matter. It instructs the agencies to undertake these tasks only “to the maximum extent practicable.” — Jillian Goodman