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Life cycle analysis has some problems.

About six months ago, a climate scientist from Arizona State University, Stephanie Arcusa, emailed me a provocative new paper she had published that warned against our growing reliance on life cycle analysis. This practice of measuring all of the emissions related to a given product or service throughout every phase of its life — from the time raw materials are extracted to eventual disposal — was going to hinder our ability to achieve net-zero emissions, she wrote. It was a busy time, and I let the message drift to the bottom of my inbox. But I couldn’t stop thinking about it.
Life cycle analysis permeates the climate economy. Businesses rely on it to understand their emissions so they can work toward reducing them. The Securities and Exchange Commission’s climate risk disclosure rule, which requires companies to report their emissions to investors, hinges on it. The clean hydrogen tax credit requires hydrogen producers to do a version of life cycle analysis to prove their eligibility. It is central to carbon markets, and carbon removal companies are now developing standards based on life cycle analysis to “certify” their services as carbon offset developers did before them.
At the same time, many of the fiercest debates in climate change are really debates about life cycle analysis. Should companies be held responsible for the emissions that are indirectly related to their businesses, and if so then which ones? Are carbon offsets a sham? Does using corn ethanol as a gasoline substitute reduce emissions or increase them? Scientists have repeatedly reached opposite conclusions on that one depending on how they accounted for the land required to grow corn and what it might have been used for had ethanol not been an option. Though the debate plays out in calculations, it’s really a philosophical brawl.
Everybody, for the most part, knows that life cycle analysis is difficult and thorny and imprecise. But over and over, experts and critics alike assert that it can be improved. Arcusa disagrees. Life cycle analysis, she says, is fundamentally broken. “It’s a problematic and uncomfortable conclusion to arrive at,” Arcusa wrote in her email. “On the one hand, it has been the only tool we have had to make any progress on climate. On the other, carbon accounting is captured by academia and vested interests and will jeopardize global climate goals.”
When I recently revisited the paper, I learned that Arcusa and her co-authors didn’t just critique life cycle analysis, they proposed a bold alternative. Their idea is not economically or politically easy, but it also doesn’t suffer from the problems of trying to track carbon throughout the supply chain. I recently called her up to talk through it. Our conversation has been edited for clarity.
Can you walk me through what the biggest issues with life cycle analysis are?
So, life cycle analysis is a qualitative tool —
It seems kind of counterintuitive or even controversial to call it a qualitative tool because it’s specifically trying to quantify something.
I think the best analogy for LCA is that it’s a back-of-the-envelope tool. If you really could measure everything, then sure, LCA is this wonderful idea. The problem is in the practicality of being able to collect all of that data. We can’t, and that leads us to use emissions factors and average numbers, and we model this and we model that, and we get so far away from reality that we actually can’t tell if something is positive or negative in the end.
The other problem is that it’s almost entirely subjective, which makes one LCA incomparable to another LCA depending on the context, depending on the technology. And yes, there are some standardization efforts that have been going on for decades. But if you have a ruler, no matter how much you try, it’s not going to become a screwdriver. We’re trying to use this tool to quantify things and make them the same for comparison, and we can’t because of that subjectivity.
In this space where there is a lot of money to be made, it’s very easy to manipulate things one way or another to make it look a little bit better because the method is not robust. That’s really the gist of the problems here.
One of the things you talk about in the paper is the way life cycle analysis is subject to different worldviews. Can you explain that?
It’s mostly seen in what to include or exclude in the LCA — it can have enormous impacts on the results. I think corn ethanol is the perfect example of how tedious this can be because we still don’t have an answer, precisely for that reason. The uncertainty range of the results has shrunk and gotten bigger and shrunk and gotten bigger, and it’s like, well, we still don’t know. And now, this exact same worldview debate is playing into what should be included and not included in certification for things [like carbon removal] that are going to be sold under the guise of climate action, and that just can’t be. We’ll be forever debating whether something is true.
Is this one of those things that scientists have been debating for ever, or is this argument that we should stop using life cycle analysis more of a fringe idea?
I guess I would call it a fringe idea today. There’s been plenty of criticism throughout the years, even from the very beginning when it was first created. What I have seen is that there is criticism, and then there is, “But here’s how we can solve it and continue using LCA!” I’ve only come across one other publication that specifically said, “This is not working. This is not the right tool,” and that’s from Michael Gillenwater. He’s at the Greenhouse Gas Management Institute. He was like, “What are we doing?” There might be other folks, I just haven’t come across them.
Okay, so what is the alternative to LCA that you’ve proposed in this paper?
LCA targets the middle of the supply chain, and tries to attribute responsibility there. But if you think about where on the supply chain the carbon is the most well-known, it is actually at the source, at the point of origin, before it becomes an emission. At the point where it is created out of the ground is where we know how much carbon there is. If we focus on that source through a policy that requires mandatory sequestration — for every ton of carbon that is now produced, there is a ton of carbon that’s been put away through carbon removal, and the accounting happens there, before it is sold to anybody — anybody who’s now downstream of that supply chain is already carbon neutral. There is no need to track carbon all the way down to the consumer.
We know this is accurate because that is where governments already collect royalties and taxes — they want to know exactly how much is being sold. So we already do this. The big difference is that the policy would be required there instead of taxing everybody downstream.
You’re saying that fossil fuel producers should be required to remove a ton of carbon from the atmosphere for every ton of carbon in the fuels they sell?
Yeah, and maybe I should be more specific. They should pay for an equal amount of carbon to be removed from the atmosphere. In no way are we implying that a fossil carbon producer needs to also be doing the sequestration themselves.
What would be the biggest challenges of implementing something like this?
The ultimate challenge is convincing people that we need to be managing carbon and that this is a waste management type of system. Nobody really wants to pay for waste management, and so it needs to be regulated and demanded by some authority.
What about the fact that we don’t really have the ability to remove carbon or store carbon at scale today, and may not for some time?
Yes, we need to build capacity so that eventually we can match the carbon production to the carbon removal, which is why we also proposed that the liability needs to start today, not in the future. That liability is as good as a credit card debt — you actually have to pay it. It can be paid little by little every year, but the liability is here now, and not in the future.
The risk in the system that I’m describing, or even the system that is currently being deployed, is that you have counterproductive technologies that are being developed. And by counterproductive, I mean [carbon removal] technologies that are producing more emissions than they are storing, and so they’re net-positive. You can create a technology that has no intention of removing more carbon than its sequesters. The intention is just to earn money.
Do you mean, like, the things that are supposed to be removing carbon from the atmosphere and sequestering it, they are using fossil fuels to do that, and end up releasing more carbon in the process?
Yeah, so basically, what we show in the paper is that when we get to full carbon neutrality, the market forces alone will eliminate those kinds of technologies that are counterproductive. The problem is during the transition, these technologies can be economically viable because they are cheaper than they would be if 100% of the fossil fuel they used was carbon neutral through carbon removal. And so in order to prevent those technologies from gaming the system, we need a way to artificially make the price of fossil carbon as expensive as it would be if 100% of that fossil carbon was covered by carbon removal.
That’s where the idea of permits comes in. For every amount that I produce, I now have an instant liability, which is a permit. Each of those permits has to be matched by carbon removal. And since we don’t have enough carbon removal, we have futures and these futures represent the promise of actually doing carbon removal.
What if we burn through the remaining carbon budget and we still don’t have the capacity to sequester enough carbon?
Well, then we’re going into very unchartered territory. Right now we’re just mindlessly going through this thinking that if we just reduce emissions it will be good. It won’t be good.
In the paper, you also argue against mitigating greenhouse gases other than carbon, and that seems pretty controversial to me. Why is that?
We’re not arguing against mitigating, per se. We’re arguing against lumping everything under the same carbon accounting framework because lumping hides the difficulty in actually doing something about it. It’s not that we shouldn’t mitigate other greenhouse gases — we must. It’s just that if we separate the problem of carbon away from the problem of methane, away from the problem of nitrous oxide, or CFCs, we can tackle them more effectively. Because right now, we’re trying to do everything under the same umbrella, and that doesn’t work. We don’t tackle drinking and driving by sponsoring better tires. That’s just silly, right? We wouldn’t do that. We would tackle drinking and driving on its own, and then we would tackle better tires in a different policy.
So the argument is: Most of climate change is caused by carbon; let’s tackle that separately from the others and leave tackling methane and nitrous oxide to purposefully created programs to tackle those things. Let’s not lump the calculations altogether, hiding all the differences and hiding meaningful action.
Is there still a role for life cycle analysis?
You don’t want to be regulating carbon using life cycle analysis. So you can use the life cycle analysis for qualitative purposes, but we’re pretending that it is a tool that can deliver accurate results, and it just doesn’t.
What has the response been like to this paper? What kind of feedback have you gotten?
Stunned silence!
Nobody has said anything?
In private, they have. Not in public. In private, it’s been a little bit like, “I’ve always thought this, but it seemed like there was no other way.” But then in public, think about it. Everything is built on LCA. It’s now in every single climate bill out there. Every single standard. Every single consulting company is doing LCA and doing carbon footprinting for companies. It’s a huge industry, so I guess I shouldn’t have been surprised to hear nothing publicly.
Yeah, I was gonna ask — I’ve been writing about the SEC rules and this idea that companies should start reporting their emissions to their investors, and that would all be based on LCA. There’s a lot of buy-in for that idea across the climate movement.
Yeah, but there’s definitely a fine line with make-believe. I think in many instances, we kid ourselves thinking that we’re going to have numbers that we can hang our hats on. In many instances we will not, and they will be challenged. And so at that point, what’s the point?
One thing I hear when I talk to people about this is, well, having an estimate is better than not having anything, or, don’t let the perfect be the enemy of the good, or, we can just keep working to make them better and better. Why not?
I mean, I wouldn’t say don’t try. But when it comes to actually enforcing anything, it’s going to be extremely hard to prove a number. You could just be stuck in litigation for a long time and still not have an answer.
I don’t know, to me it just seems like an endless debate while time is ticking and we will just feel good because we’ll have thought we measured everything. But we’re still not doing anything.
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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.