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Americans have succumbed to the myth of dams, argues the author of a new book advocating for their removal.

There are over 91,000 dams in the United States — so many that if you put them all on a map and zoom out, it looks a little like a coverage map for a halfway decent phone network. Most of these dams exist for purposes of flood control and irrigation; a mere 3%, mostly clustered in the West, are used for hydropower. These projects account for over 30% of renewable energy generation in the U.S., which is actually on the smaller side by global standards. Around the world, it’s over 53%.
As the U.S. begins to heave itself toward decarbonization, though, hydropower “pretty much has to be a part” of the solution, many policymakers, scientists, and activists say — particularly because they can run when other sources of renewable energy can’t, like when the wind isn't blowing and the sun isn't shining. Currently, there is a major push to retrofit non-powered dams to produce electricity.
A contingent of activists, however, say we actually need to go in the opposite direction — and tear down the dams. Writer and filmmaker Steven Hawley argues in his new book Cracked: The Future of Dams in a Hot, Chaotic World (out this week from Patagonia Books, the mission-focused publishing arm of the outdoor apparel company) that Americans have been suckered into believing in the century-old “mythology” of dams.
The reality of hydropower emissions is surprisingly complicated and understudied. Recent research suggests there are huge discrepancies between the carbon footprints of different hydropower plants. Some have negative emissions, as Grist wrote in 2019, but others are little better than fossil fuel sources. It’s all in their location and the way they’re built and operated.
Hawley and I spoke on Wednesday about the drawbacks of dams, the historically corrupt allotment of water in the West, and the future of the environmental movement. A transcription of our conversation, edited and condensed for length and clarity, is below.
When I was a kid, my family took road trips to Grand Coulee and Hoover dams, where we oohed and ahhed over them as engineering marvels that make life in the West possible. In your book, you call this part of the “gospel” and “mythology” of dams. Can you tell me a little more about the power these stories still hold over us?
In the post-World War II environment, we were sold this story about how building large water control projects in arid desert basins all over the West would make modern civilization possible and even desirable. We embarked on a dam-building frenzy — not only in the flagship projects in the American West but all over the country. I think there was something like 90,000 dams built from 1930 to 1980 in the United States. The idea was that you could exercise a control over nature that would allow us to furnish a rising tide that would lift all boats. That’s proven to not be true. The flood that came as a result of the dams lifted a few people’s boats, but not everyone’s. There are still, for instance, in the migrant worker community, an alarming number of underpaid and poor people.
The second part of the story, particularly with the climate chaos that is facing us in our future, is that dams are a really inefficient and horrible way to store water because we lose so much water through evaporation. Estimates have doubled: It used to be the standard cost of evaporation out of the reservoir behind any dam was 10%. Now they’re saying, okay, maybe it’s closer to 20%. It’s only going to increase with the increase in temperatures. You can’t justify that in an era where water is scarce; losing that much of the volume of a reservoir to make clouds wasn’t the intent of those projects. The intent was to furnish water for people and places that need it and if you’re losing 20% a year, and there are years where there’s low or no precipitation as we’ve seen in the Colorado basin, you’re not going to have a reservoir.
The last part that’s blown up the mythology of dams is that dams are major producers of greenhouse gases. The sixth largest producer of methane on the planet is the world’s reservoirs. And we know that methane in the short term is a much more serious problem than CO2. You can’t have the world’s reservoirs emitting methane on the same level as the country of Germany and tell me that dams are providing clean, green energy or clean, green water storage for places that need it. It’s just not true. The science on that has evolved rather quickly. It’s widely accepted even by the federal agencies, the Bureau of Reclamation and the Army Corps of Engineers, that all reservoirs produce methane.

I had a question about that! Prominent environmentalists are calling for a green building boom, stressing that, despite the drawbacks of some renewable technologies, the most important thing is for us to transition away from fossil fuels as quickly as possible. The Inflation Reduction Act offers a tax credit for the production of electricity from hydropower, and the Energy Department has announced $200 million for the modernization and expansion of hydroelectric power, calling it an important step toward President Biden’s goal of 100% clean electricity by 2035. In your opinion, can dams have a place in the energy transition?
Well, they can but they shouldn’t. We’re still subsidizing the fossil fuel industry, and the fact that these kinds of provisions make their way into energy bills should tell us more about the power of lobbying than it does about any kind of safe or sane or sound policy decisions. We know the science, we know that hydropower is not clean green energy, in addition to the destruction of salmon runs and ecological destruction of habitat.
[Dams] produce methane and we can’t have energy sources that are producing significant quantities of methane. So we should be looking at a serious cost-benefit analysis and ecological environmental analysis of every large dam project and start planning for getting rid of the ones that aren’t penciling out. Is there a variance in the amount of methane that each project produces? I don’t know, I’m not adept enough at the science to say what’s acceptable and what’s not. But some reservoirs — as one of the early researchers in this field pointed out, in terms of a CO2-equivalent greenhouse gas footprint — they’re on par with a large coal-fired plant.
In Cracked, you tell the story of Project 5311, a tribe-led effort to create a virtual power plant — that is, a network of decentralized renewable energy generators, like homeowner’s solar panels, batteries, or even EVs, that pool together to create a flexible electricity grid — as a way to offset and justify removing four Snake River dams. Could this be a model course of action on other rivers?
This is an exciting new frontier in the West for the utility industry. It does a number of things for indigenous communities. It gives them another revenue stream — here in the Pacific Northwest, the main revenue stream for a lot of Indian nations is the casino, and so becoming a player in the energy business diversifies their economy. We’ve seen this happen on the Nez Perce reservation already.
What would be really cool is if we could get key legislators in state houses to start supporting the ambitions of the Nez Perce. They can see, as most of the rest of us can, that we need to wean ourselves off fossil fuels. If the kind of environment that allowed humans to flourish over the past 200,000 years is going to continue, we’re gonna have to change the way that we do things. And I think Indigenous communities are seeing that they can be a part of that change. In the case of the Nez Perce, they can see that they can have their salmon-bearing rivers back, a key part of not only their economy but their religion and their society as well.

In addition to being part manifesto, part how-to guide, and part travelogue, Cracked is also a history of water usage in the West. But I’m also curious about your history — how did you become a dam buster?
My best friend in high school growing up was a massive fly-fishing nerd. He baptized me into that world and I started fishing and paying attention to what was going on on rivers. The second part of that story is, I had a friend who was kind of a fast talker, and he talked his way into being the editor of a fishing magazine and he called me up and said, “I don’t know the first thing about this subject. I’ll let you freelance all you want to.” And so I took that job and started writing about river issues.
What really sold me on dam removal was, at the time, there was a group of commercial fishermen that were starting to pay really close attention to what was happening in the streams that produce a lot of the fish that they catch. Any salmon species ultimately has to spend some time in freshwater, of course. And [the fishermen] were actually lobbying in state houses and legislatures and in Congress. Some that were out of work, they were actually doing stream restoration and a lot of them found that work really satisfying. And a lot of them learned that the main reason why they were suffering economically is because of dams that were cutting off their supply of fish. And I thought that was a pretty fascinating story. You don’t normally think of commercial fishermen as environmentalists, or at least you didn’t back then. But that’s what sold me, that series of events.
Many people are familiar with the idea that dams disrupt river ecosystems, but you write also that “an aggression against a wild river is ultimately an aggression against people.” I was surprised to learn that historically dams have been pitched to constituents as an equalizer when you argue they mostly benefit people with power.
Yeah, absolutely. There’s a section in the book about how the supposedly egalitarian work of the Central Valley Project in California instead goes to some already very wealthy farmers. What should really raise the ire of a lot of readers who care about clean water and rivers is just the way that the agricultural lobby, particularly in the state of California, has made water “flow uphill toward money.”
There was a deal that the Westlands Water District cut to basically take ownership of $3 billion worth of federal infrastructure and they also had their water rights guaranteed. So in years where the rest of Californians might be worried about, you know, whether they’re gonna have enough water to put a garden out, or even, you know, God forbid, in the future, take a shower. But Westlands will get their water no matter what. And that’s really corrupt. They’re not forced to take part in any kind of cutbacks the way the rest of us are. And that’s wrong.

Do you have any parting words for readers who are making up their minds about these complicated trade-offs?
I think we’ve reached a crossroads in the environmental moment with a number of crises — the extinction crisis, the climate change crisis coming out as full bore. It’s a perfectly human response to be overwhelmed by that.
I was impressed with a couple of people that I interviewed who beseech the environmental community to get back to making arguments based on what is beautiful, what is aesthetically pleasing, and what is right for future generations. I think that’s really what the Remove the Dams movement is all about, is putting the environmental movement back on the side of what is — well, as I quoted Martin Litton at the head of one chapter, “don’t ask for what is reasonable, ask for what is right.”
We should be arguing not over what is, but what ought to be.
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Adorable as they are, Japanese kei cars don’t really fit into American driving culture.
It’s easy to feel jaded about America’s car culture when you travel abroad. Visit other countries and you’re likely to see a variety of cool, quirky, and affordable vehicles that aren’t sold in the United States, where bloated and expensive trucks and SUVs dominate.
Even President Trump is not immune from this feeling. He recently visited Japan and, like a study abroad student having a globalist epiphany, seems to have become obsessed with the country’s “kei” cars, the itty-bitty city autos that fill up the congested streets of Tokyo and other urban centers. Upon returning to America, Trump blasted out a social media message that led with, “I have just approved TINY CARS to be built in America,” and continued, “START BUILDING THEM NOW!!!”
He’s right: Kei cars are neat. These pint-sized coupes, hatchbacks, and even micro-vans and trucks are so cute and weird that U.S. car collectors have taken to snatching them up (under the rules that allow 25-year-old cars to be imported to America regardless of whether they meet our standards). And he’s absolutely right that Americans need smaller and more affordable automotive options. Yet it’s far from clear that what works in Japan will work here — or that the auto execs who stood behind Trump last week as he announced a major downgrading of upcoming fuel economy standards are keen to change course and start selling super-cheap economy cars.
Americans want our cars to do everything. This country’s fleet of Honda CR-Vs and Chevy Silverados have plenty of space for school carpools and grocery runs around town, and they’re powerful and safe enough for road-tripping hundreds of miles down the highway. It’s a theme that’s come up repeatedly in our coverage of electric vehicles. EVs are better for cities and suburbs than internal combustion vehicles, full stop. But they may never match the lightning-fast road trip pit stop people have come to expect from their gasoline-powered vehicles, which means they don’t fit cleanly into many Americans’ built-in idea of what a car should be.
This has long been a problem for selling Americans on microcars. We’ve had them before: As recently as a dozen years ago, extra-small autos like the Smart ForTwo and Scion iQ were available here. Those tiny cars made tons of sense in the United States’ truly dense urban areas; I’ve seen them strategically parked in the spaces between homes in San Francisco that are too short for any other car. They made less sense in the more wide-open spaces and sprawling suburbs that make up this country. The majority of Americans who don’t struggle with street parking and saw that they could get much bigger cars for not that much more money weren’t that interested in owning a car that’s only good for local driving.
The same dynamic exists with the idea of bringing kei cars for America. They’re not made to go faster than 40 or 45 miles per hour, and their diminutive size leaves little room for the kind of safety features needed to make them highway-legal here. (Can you imagine driving that tiny car down a freeway filled with 18-wheelers?) Even reaching street legal status is a struggle. While reporting earlier this year on the rise of kei car enthusiasts, The New York Times noted that while some states have moved to legalize mini-cars, it is effectively illegal to register them in New York. (They interviewed someone whose service was to register the cars in Montana for customers who lived elsewhere.)
If the automakers did follow Trump’s directive and stage a tiny car revival, it would be a welcome change for budget-focused Americans. Just a handful of new cars can be had for less than $25,000 in the U.S. today, and drivers are finally beginning to turn against the exorbitant prices of new vehicles and the endless car loans required to finance them. Individuals and communities have turned increasingly to affordable local transportation options like golf carts and e-bikes for simply getting around. Tiny cars could occupy a space between those vehicles and the full-size car market. Kei trucks, which take the pickup back to its utilitarian roots, would be a wonderful option for small businesses that just need bare-bones hauling capacity.
Besides convincing size-obsessed Americans that small is cool, there is a second problem with bringing kei cars to the U.S., which is figuring out how to make little vehicles fit into the American car world. Following Trump’s declaration that America should get Tokyo-style tiny cars ASAP, Transportation Secretary Sean Duffy said “we have cleared the deck” of regulations that would prevent Toyota or anyone else from selling tiny cars here. Yet shortly thereafter, the Department of Transportation clarified that, “As with all vehicles, manufacturers must certify that they meet U.S. Federal Motor Vehicle Safety Standards, including for crashworthiness and passenger protection.”
In other words, Ford and GM can’t just start cranking out microcars that don’t include all the airbags and other protections necessary to meet American crash test and rollover standards (not without a wholesale change to our laws, anyway). As a result, U.S. tiny cars couldn’t be as tiny as Japanese ones. Nor would they be as cheap, which is a crucial issue. Americans might spend $10,000 on a city-only car, but probably wouldn’t spend $20,000 — not when they could just get a plain old Toyota Corolla or a used SUV for that much.
It won’t be easy to convince the car companies to go down this road, either. They moved so aggressively toward crossovers and trucks over the past few decades because Americans would pay a premium for those vehicles, making them far more profitable than economy cars. The margins on each kei car would be much smaller, and since the stateside market for them might be relatively small, this isn’t an alluring business proposition for the automakers. It would be one thing if they could just bring the small cars they’re selling elsewhere and market them in the United States without spending huge sums to redesign them for America. But under current laws, they can’t.
Not to mention the whiplash effect: The Trump administration’s attacks on EVs left the carmakers struggling to rearrange their plans. Ford and Chevy probably aren’t keen to start the years-long process of designing tiny cars to please a president who’ll soon be distracted by something else.
Trump’s Tokyo fantasy is based in a certain reality: Our cars are too big and too expensive. But while kei cars would be fantastic for driving around Boston, D.C., or San Francisco, the rides that America really needs are the reasonably sized vehicles we used to have — the hatchbacks, small trucks, and other vehicles that used to be common on our roads before the Ford F-150 and Toyota RAV4 ate the American car market. A kei truck might be too minimalist for mainstream U.S. drivers, but how about a hybrid revival of the El Camino, or a truck like the upcoming Slate EV whose dimensions reflect what a compact truck used to be? Now that I could see.
Current conditions: In the Pacific Northwest, parts of the Olympics and Cascades are set for two feet of rain over the next two weeks • Australian firefighters are battling blazes in Victoria, New South Wales, and Tasmania • Temperatures plunged below freezing in New York City.
The U.S. military is taking on a new role in the Trump administration’s investment strategy, with the Pentagon setting off a wave of quasi-nationalization deals that have seen the Department of Defense taking equity stakes in critical mineral projects. Now the military’s in-house lender, the Office of Strategic Capital, is making nuclear power a “strategic technology.” That’s according to the latest draft, published Sunday, of the National Defense Authorization Act making its way through Congress. The bill also gives the lender new authorities to charge and collect fees, hire specialized help, and insulate its loan agreements from legal challenges. The newly beefed up office could give the Trump administration a new tool for adding to its growing list of investments, as I previously wrote here.

The “Make America Healthy Again” wing of President Donald Trump’s political coalition is urging the White House to fire Environmental Protection Agency Administrator Lee Zeldin over his decisions to deregulate harmful chemicals. In a petition circulated online, several prominent activists aligned with the administration’s health secretary, Robert F. Kennedy, Jr., accused Zeldin of having “prioritized the interests of chemical corporations over the well-being of American families and children.” As of early Friday afternoon, The New York Times reported, more than 2,800 people had signed the petition. By Sunday afternoon, the figure was nearly 6,000. The organizers behind the petition include Vani Hari, a MAHA influencer known as the Food Babe to her 2.3 million Instagram followers, and Alex Clark, a Turning Point USA activist who hosts what the Times called “a health and wellness podcast popular among conservatives.”
The intraparty conflict comes as one of Zeldin’s more controversial rollbacks of a Biden-era pollution rule, a regulation that curbs public exposure to soot, is facing significant legal challenges. A lawyer told E&E News the EPA’s case is a “Hail Mary pass.”
The Democratic Republic of the Congo, by far the world’s largest source of cobalt, has slapped new export restrictions on the bluish metal needed for batteries and other modern electronics. As much as 80% of the global supply of cobalt comes from the DRC, where mines are notorious for poor working conditions, including slavery and child labor. Under new rules for cobalt exporters spelled out in a government document Reuters obtained, miners would need to pre-pay a 10% royalty within 48 hours of receiving an invoice and secure a compliance certificate. The rules come a month after Kinshasa ended a months-long export ban by implementing a quota system aimed at boosting state revenues and tightening oversight over the nation’s fast-growing mining industry. The establishment of the rules could signal increased exports again, but also suggests that business conditions are changing in the country in ways that could further complicate mining.
With Chinese companies controlling the vast majority of the DRC’s cobalt mines, the U.S. is looking to onshore more of the supply chain for the critical mineral. Among the federal investments is one I profiled for Heatmap: an Ohio startup promising to refine cobalt and other metals with a novel processing method. That company, Xerion, received funding from the Defense Logistics Agency, yet another funding office housed under the U.S. military.
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Last month, I told you about China’s outreach to the rest of the world, including Western European countries, to work together on nuclear fusion. The U.S. cut off cooperation with China on traditional atomic energy back in 2017. But France is taking a different approach. During a state visit to Beijing last week, French President Emmanuel Macron “failed to win concessions” from Chinese leader Xi Jinping, France24 noted. But Paris and Beijing agreed to a new “pragmatic cooperation” deal on nuclear power. France’s state-owned utility giant EDF already built a pair of its leading reactors in China.
The U.S. has steadily pushed the French out of deals within the democratic world. Washington famously muscled in on a submarine deal, persuading Australia to drop its deal with France and go instead with American nuclear vessels. Around the same time, Poland — by far the biggest country in Europe to attempt to build its first nuclear power plant — gave the American nuclear company Westinghouse the contract in a loss for France’s EDF. Working with China, which is building more reactors at a faster rate than any other country, could give France a leg up over the U.S. in the race to design and deploy new reactors.
It’s not just the U.S. backpedaling on climate pledges and extending operations of coal plants set to shut down. In smog-choked Indonesia, which ranks seventh in the world for emissions, a coal-fired plant that Bloomberg described as a “flagship” for the country’s phaseout of coal has, rather than shut down early, applied to stay open longer.
Nor is the problem reserved to countries with right-wing governance. The new energy plan Canadian Prime Minister Mark Carney, a liberal, is pursuing in a bid to leverage the country’s fossil fuel riches over an increasingly pushy Trump means there’s “no way” Ottawa can meet its climate goals. As I wrote last week, the Carney government is considering a new pipeline from Alberta to the West Coast to increase oil and gas sales to Asia.
There’s a new sheriff in town in the state at the center of the data center boom. Virginia’s lieutenant governor-elect Ghazala Hasmi said Thursday that the incoming administration would work to shift policy toward having data centers “pay their fair share” by supplying their own energy and paying to put more clean power on the grid, Utility Dive reported. “We have the tools today. We’ve got the skilled and talented workforce. We have a policy roadmap as well, and what we need now is the political will,” Hashmi said. “There is new energy in this legislature, and with it a real opportunity to build new energy right here in the Commonwealth.”
Get up to speed on the SPEED Act.
After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.