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In a word: chaos.
A moment of profound uncertainty for many of America’s environmental laws has just become even more uncertain-er. This week, as President-elect Donald Trump considers how to revise or repeal the country’s bedrock climate laws, one of the country’s oldest environmental laws has been thrown into jeopardy.
A three-judge panel on the D.C. Circuit Court of Appeals ruled earlier this week that key rules governing the National Environmental Policy Act, which requires the federal government to study the environmental impact of its actions, do not carry the force of law. The ruling might — might — lay the groundwork for a massive revolution in the country’s environmental permitting regime. But for the time being, they guarantee a lot of chaos.
Whenever the federal government wants to build a new piece of infrastructure — and to some degree, whenever it wants to do anything significant — it has to go through NEPA. That sounds great in theory, but NEPA studies — which were originally meant to be just a few pages long — have now swelled in length, running into the thousands of pages and taking years to complete. They have become the subject of criticism from conservatives and some liberals.
That’s because NEPA doesn’t actually require the government to take the most environmentally friendly action. It only mandates that the government study the alternatives and arrive at a decision. Many critics, including progressives, now argue that NEPA has become a great bulwark of the status quo — a way for wealthy NIMBYs to slow down and block virtually any project they don’t like, including the large-scale solar, wind, and transmission projects necessary for the energy transition.
Other progressives argue that NEPA still serves a purpose — that it’s the only way environmental groups can provide a check on factory farms, new federal construction projects, or other big pieces of infrastructure. They say Congress should reform NEPA by affirmatively expanding parts of the permitting regime, adding new requirements to the process. The NEPA process is so time-consuming today not because it has become unwieldy, they say, but because the federal government does not employ enough civil servants to conduct the required studies on time. (NEPA’s critics reply to this, in essence: Sure, but why does NEPA require all those studies in the first place?)
At the heart of the case is a small federal agency called the Council on Environmental Quality. Since its creation in 1970, the Council on Environmental Quality has issued guidelines about how federal agencies should comply with NEPA. These rules have been treated as legally binding — that is, quasi-law on the same tier as federal regulation — since at least 1977.
In the ensuing decades, presidents from both parties have acted under the impression that the Council on Environmental Quality’s NEPA rules are binding. That’s why the first Trump administration went through the hassle of rewriting the council’s rules, subjecting them to the same notice-and-comment process other federal regulations must go through before they can be changed. The Biden administration later replaced the Trump administration’s rules with its own version.
But that actually isn’t the case, the judges ruled. The Council on Environmental Quality was never allowed to issue binding regulations about NEPA in the first place, they decided.
The Council on Environmental Quality can issue guidelines about how agencies should follow NEPA, the judges said. But these will have the same legal authority as executive orders, which can guide agency decisionmaking but provide no outside legal recourse. Executive orders are sort of like internal corporate policies for the government: They’re supposed to be followed by employees, but nobody can appeal to a court that a company got them wrong. What the council cannot do, the court said, is issue rules, quasi-laws that outside groups can appeal to and claim aren’t being obeyed in court.
If upheld, the ruling would throw virtually the entire body of law around NEPA into question — hundreds of cases, thousands of pages of rules, and hundreds of thousands of analyses all premised on the idea that the Center on Environmental Quality is the final NEPA arbiter. It could also vastly weaken NEPA, allowing the government to build projects quickly while giving Americans and nonprofit groups little recourse to stop them.
“It’s a very big deal,” James Coleman, an energy law professor at the University of Minnesota, told me. “NEPA by itself is a very limited piece of text. When it was adopted, no one imagined that it would lead to this comprehensive permitting system where it would take five years to get a permit.”
Over time, court cases and White House regulations have turned NEPA into the juggernaut that it is today. But now that’s exactly what is up in the air — potentially. “If a judge thinks that the decades of cases we’ve had are misconceived, then they don’t have to follow it any more,” Coleman said.
What’s odd about the case is that neither side intended to get this ruling in the first place. Neither the Federal Aviation Administration nor the Marin Audubon Society, a San Francisco-area birding group, set out to strike down the entire body of NEPA regulations. The FAA had relied on the Council on Environmental Quality’s rules when it approved a plan for tourism flights over national parks, saying that the regulations didn’t require it to conduct a NEPA study. The Marin Audubon Society argued that the air tours didn’t fall under an exemption created by the rules.
Two Republican-appointed judges on the panel then essentially took the case into their own hands, using the dispute as an opportunity to throw modern NEPA procedure into question. In fact, they said, the Council on Environmental Quality never had the authority to issue rules in the first place — so the claimed exemption didn’t matter. (Judge Sri Srinivasan, who dissented from part of the ruling, criticized the judges for opening such big legal questions when they didn’t need to do so.)
The outcome doesn’t mean that the federal government will immediately move faster to approve infrastructure projects — in some cases, it might move slower. As part of its rules, the Council on Environmental Quality has approved a list of “categorical exclusions,” federal actions that do not require a NEPA review. These can include activities like holding a small meeting or taking out a federal farm loan. The judges have now rejected the council’s ability to create categorical exclusions altogether, meaning that many more federal actions may — at least at first — be subject to NEPA oversight. (Congress has also told agencies to create some categorical exclusions — including for oil and gas drilling — and those are not affected by the case.)
For that reason, some environmental lawyers are doubtful that the argument will change NEPA in the way its opponents hope. “What the ruling does is deeply complicate things for both sides,” Sam Sankhar, the senior vice president at Earthjustice, an environmental legal group, told me. “The NEPA regulations are a body of law that has developed over years to guide the way that people do the NEPA process. The absence of those regulations does not mean the absence of NEPA — it means the absence of any guidelines about how to implement NEPA in the future.”
If the NEPA regulations get tossed out, he said, then it will “really be up to each individual judge to wing it” when interpreting the law, he added.
Nicholas Bagley, a University of Michigan law professor who has written critically about NEPA and other liberal laws that focus on procedure, tends to agree with that view. “When you go to court, agencies and challengers both would look at these regulations as a sword or a shield,” he said. Challengers used the White House rules as a weapon, asserting that the government needed to look at some question but failed to do so. But the federal government used those same rules “as a shield,” he said, showing that it faithfully followed the rules, and therefore that judges didn’t need to get involved.
If the rules are gone, then each side has lost a tool — and judges will have much more power. That means federal agencies, which are hesitant to run afoul of the courts, may now become even more timid in their decision-making, Bagley said. What’s more, the White House’s regulations would still act as executive orders, binding agency action. “They just won’t be enforceable in court,” he said. (The Trump administration could also respond by chucking out the White House regulations altogether, he said.)
It’s unclear what happens next. If the FAA appeals, the D.C. Circuit could choose to hear the case again en banc, meaning the full panel of judges — a majority of whom were appointed by Democrats — would consider the questions. But eventually a higher court may weigh in. “I would not be surprised at all to find this eventually find its way to the Supreme Court,” Coleman told me. In the past, the Supreme Court has ruled that the Council on Environmental Quality’s regulations carry the force of law. But the new, arch-conservative court — and the incoming Trump administration — might push for a different approach.
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On Interior’s birdwatching, China’s lithium slowdown, and recycling aluminum
Current conditions: Hurricane Erin is gathering strength as it makes its way toward Puerto Rico later this week • Flash flooding and severe storms threaten the Great Plains and Midwest • In France, 12 administrative regions are on red alert for heat as temperatures surge past 95 degrees Fahrenheit.
Ford announced plans on Monday to deliver a $30,000 mid-size all-electric truck in 2027, in a potential shakeup of an EV market that’s been plagued by high costs. But the truck — which is rumored to revive the retro name Ford Ranchero — wasn’t really the main news. The pickup is part of Ford’s plan to “reimagine the entire way it builds EVs to cut costs, turn around its struggling EV division, and truly compete with the likes of Tesla,” Heatmap contributor Andrew Moseman wrote, which the company has dubbed its second “Model T moment.”
The strategy embraces a more minimalist, software-driven method of car design that EV-only companies such as Tesla and Rivian employ, allowing them to make mechanically simpler vehicles with fewer buttons and parts and more functions run by software through touchscreens. The push could “change everything” and “disrupt the U.S. auto industry,” wrote Inside EVs.
The Department of the Interior’s Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms under the auspices of bird protection laws, Heatmap’s Jael Holzman reported. The letters demand developers submit a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.”
The Trump administration has ramped up its assault on the wind industry in recent weeks, de-designating millions of acres of ocean for offshore wind development and yanking federal approvals for the Lava Ridge wind project in Idaho. Here’s Jael with more on the escalation.
An explosion at a U.S. Steel plant outside Pittsburgh killed at least two workers and injured nearly a dozen more. The first worker confirmed to have died was Timothy Quinn, 39, a father of three and caretaker to his mother, his sister, Trisha Quinn told CNN. She said officials did not alert her to her brother’s death until 4 p.m., hours after the explosion occurred. “My dad worked at the steel mill for 42 years,” she said. “He would be disgusted at the situation right now.” U.S. Steel executives said they do not yet know what caused the blast. The name of the second worker to have died was not yet confirmed.
The Clairton Coke Works facility, which has operated for more than 120 years, is a key node in the American steel supply chain, providing iron for the blast furnaces in Braddock, Pennsylvania, and Gary, Indiana. It was slated for potential investments under Nippon Steel’s $15 billion acquisition of the American giant. The extent of the damage is unclear, but the reconstruction of the plant could pose a test of whether Nippon will invest in newer, cleaner technologies or rebuild the existing coal-fired equipment.
Chinese battery giant Contemporary Amperex Technology, or CATL, said Monday it would halt production at a major lithium mine, sparking a surge in lithium futures and miners’ share prices, Reuters reported. The move is seen as part of Beijing’s broader attempt to rein in China’s overcapacity in the battery market, which created a global glut. Stock in lithium companies outside China surged on the news, as did spot prices. The license on the mine, located in the southeast province of Jiangxi, expired on August 9. The site previously supplied up to 6% of the world’s lithium.
“I am bullish on the move. It is proof positive that Chinese producers can only operate at a loss for so long before shutting in production. When they do, the floor under prices starts to take shape,” Ashley Zumwalt-Forbes, the Department of Energy’s former deputy director for batteries and critical minerals, wrote on LinkedIn. “This move will not fix the sector’s structural challenges overnight, but it is a meaningful signal that the worst of the oversupply pressure may be behind us.”
President Donald Trump’s 50% tariffs on imported aluminum could spur a recycling boom, industry experts told The Wall Street Journal’s Ryan Dezember. Primary aluminum production dwindled over the last 25 years. Two of the first new smelters planned in the U.S. in decades are facing increased competition for electricity from data centers. Production is likely still a few years away. By contrast, aluminum-recycling plants can be built faster and cheaper — roughly two years and $150 million — and consume 5% of the energy needed for primary production since they rely on chemical reactions to break down wasted metal. “Recycling is the answer,” said Duncan Pitchford, the executive in charge of recycling giant Norsk Hydro’s upstream business in the U.S. “The metal is already here.”
Scientists at the University of Illinois Urbana-Champaign and Princeton University re-engineered the metabolism of the yeast Issatchenkia orientalis to supercharge its fermentation of plant glucose into succinic acid, an important industrial chemical used in food additives and agricultural and pharmaceutical products. The natural fermentation process, relying on yeasts and renewable plant material, is far less carbon intensive than the conventional production using petrochemicals. “These advances bring us closer to greener manufacturing processes that benefit both the environment and the economy,” Vinh Tran, study’s primary author, said in a press release.
The assembly line is the company’s signature innovation. Now it’s trying to one-up itself with the Universal EV Production System.
In 2027, Ford says, it will deliver a $30,000 mid-size all-electric truck. That alone would be a breakthrough in a segment where EVs have struggled against high costs and lagging interest from buyers.
But the company’s big announcement on Monday isn’t (just) about the truck. The promised pickup is part of Ford’s big plan that it has pegged as a “Model T moment” for electric vehicles. The Detroit giant says it is about to reimagine the entire way it builds EVs to cut costs, turn around its struggling EV division, and truly compete with the likes of Tesla.
What lies beneath the new affordable truck — which will revive the retro name Ford Ranchero, if rumors are true — is a new setup called the Ford Universal EV Platform. When car companies talk about a platform, they mean the automotive guts that can be shared between various models, a strategy that cuts costs compared to building everything from scratch for each vehicle. Tesla’s Model 3 and Model Y ride on the same platform, the latter being essentially a taller version of the former. Ford’s rival, General Motors, created the Ultium platform that has allowed it to build better and more affordable EVs like the Chevy Equinox and the upcoming revival of the Bolt. In Ford’s case, it says a truck, a van, a three-row SUV, and a small crossover can share the modular platform.
At the heart of the company’s plan, however, is a new manufacturing approach. The innovation of the original Model T was about the factory, after all — using the assembly line to cut production costs and lower the price of the car. For this “Model T moment,” the company has proposed a sea change in the way it builds EVs called the Ford Universal EV Production System. It will demonstrate the strategy with a $2 billion upgrade to the Ford factory in Louisville, Kentucky, that will build the new pickup.
In brief, Ford has embraced the more minimalist, software-driven version of car design embraced by EV-only companies like Tesla and Rivian. The vehicles themselves are mechanically simpler, with fewer buttons and parts, and more functions are controlled by software through touchscreen interfaces. Building cars this way cuts costs because you need far fewer bits, bobs, fasteners, and workstations in the factory. It also reduces the amount of wiring in the vehicle — by more than a kilometer of the stuff compared to the Mustang Mach-E, Ford’s current most popular EV, the company said.
Ford is in dire need of an electric turnaround. The company got into the EV race earlier than legacy car companies like Toyota and Subaru, which settled on more of a wait-and-see approach. Its Mustang Mach-E crossover has been one of the more successful non-Tesla EVs of the early 2020s; the F-150 Lightning proved that the full-size pickup truck that dominates American car sales could go electric, too.
But both vehicles were expensive to make, and the Lightning struggled to make a dent in the truck market, in part because the huge battery needed to power such a big vehicle gave it a bloated price. When Tesla started a price war in the EV market a few years ago, Ford began hemorrhaging billions from its electric division, struggling to adapt to the new world even as carmakers like GM and Hyundai/Kia found their footing.
The big Detroit brand has been looking for an answer ever since, and Monday’s announcement is the most promising proposal it has put forward. Part of the production scheme is for Ford to build its own line of next-gen lithium-ion phosphate, or LFP batteries in Michigan, using technology licensed from the Chinese giant CATL. Another step is to employ the “assembly tree,” which splits the traditional assembly line into three parallel operations, which Ford says reduces the number of required workstations and cuts assembly time by 15%.
Affordability has always been a bugaboo for the American EV industry, a worry exacerbated by the upcoming demise of the $7,500 tax credit. And while Ford’s manufacturing overhaul will go a long way toward building a light-duty pickup EV that sells for $30,000, so too will a fundamental change in thinking about batteries, weight, and range. The F-150 Lightning isn’t the only pickup with a big battery and an even bigger price. That truck’s power pack comes in at 98 kilowatt-hours; large EV pickups like the Rivian R1T and Chevy Silverado EV have 150 or even 200 kilowatt-hour batteries, necessary to store enough power to give these heavy beasts a decent driving range.
InsideEVs reports, however, that the affordable Ford truck may have a battery capacity of just over 50 kilowatt-hours, which would dramatically reduce its cost to make. The trade-off, then, is range. The Slate small pickup truck that made waves this year for its promised price in the $20,000s would have just 150 miles of range in its cheapest form. Ford hasn’t released any specs for its small EV truck, but even using state-of-the-art LFP chemistry, such a small battery surely won’t deliver many more miles per charge.
Whatever the final product looks like, the new Ford truck and the infrastructure behind it are another reminder that, no matter the headwinds caused by the Trump administration, EVs are the future. Ford had been humming along through its EV struggles because its gas-burning cars remained so popular in America, and so profitable. But those profits collapsed in the first half of 2025, according to The New York Times. Meanwhile, Ford and every other carmaker are struggling to catch up to the Chinese companies selling a plethora of cheap EVs all over the world. Their very future depends on innovating ways to build EVs for less.
Governors, legislators, and regulators are all mustering to help push clean energy past the starting line in time to meet Republicans’ new deadlines.
Trump’s One Big Beautiful Bill Act put new expiration dates on clean energy tax credits for business and consumers, raising the cost of climate action. Now some states are rushing to accelerate renewable energy projects and get as many underway as possible before the new deadlines take effect.
The new law requires wind and solar developers to start construction by the end of this year in order to claim the full investment or production tax credits under the rules established by the Inflation Reduction Act. They’ll then have at least four years to get their project online.
Those that miss the end-of-year deadline will have another six months, until July 4, 2026, to start construction, but will have to meet complicated sourcing restrictions on materials from China. Any projects that get off the ground after that date will face a severely abbreviated schedule — they’ll have to be completed by the end of 2027 to qualify, an all-but-impossibly short construction timeline.
Adding even more urgency to the time crunch, President Trump has directed the Treasury Department to revise the rules that define what it means to “start construction.” Historically, a developer could start construction simply by purchasing key pieces of equipment. But Trump’s order called for “preventing the artificial acceleration or manipulation of eligibility and by restricting the use of broad safe harbors unless a substantial portion of a subject facility has been built,” an ominous sign for those racing to meet already accelerated deadlines.
While the changes won’t suppress adoption of these technologies entirely, they will slow deployment and make renewable energy more expensive than it otherwise would have been. Some states that have clean energy goals are trying to lock in as much subsidized generation as they can to lessen the blow.
There are two ways states can meet the moment, Justin Backal Balik, the state program director at the nonprofit Evergreen Action, told me. Right now, many are trying to address the immediate crisis by helping to usher shovel-ready projects through regulatory processes. But states should also be thinking about how to make projects more economical after the tax credits expire, Balik said. “States can play a role in tilting the scale slightly back in the direction of some of the projects being financially viable,” he said, “even understanding that they’re not going to be able to make up all of the lost ground the incentives provided.”
In the first category, Colorado Governor Jared Polis sent a letter last week to utilities and independent power producers in the state committing to use “all of the Colorado State Government to prioritize deployment of clean energy projects.”
“Getting this right is of critical importance to Colorado ratepayers,” Polis wrote. The nonprofit research group Energy Innovation estimates that household energy expenses in Colorado could be $170 higher in 2030 than they would have been because of OBBB, and $310 higher in 2035. “The goal is to integrate maximal clean energy by securing as much cost-effective electric generation under construction or placed in service as soon as possible, along with any necessary electricity balancing resources and supporting infrastructure,” Polis continued.
As for how he plans to do that, he said the state would work to “eliminate administrative barriers and bottlenecks” for renewable energy, promising faster state reviews for permits. It will also “facilitate the pre-purchase of project equipment,” since purchasing equipment is one of the key steps developers can take to meet the tax credit deadlines.
Other states are looking to quickly secure new contracts for renewable energy. In mid-July, two weeks after the reconciliation bill became law, utility regulators in Maine moved to rapidly procure nearly 1,600 gigawatt-hours of wind and solar — for context, that’s about 13% of the total energy the state currently generates. They gave developers just two weeks to submit proposals, and will prioritize projects sited on agricultural land that has been contaminated with per- and polyfluoroalkyl substances, the chemicals known as PFAS. (When asked how many applications had been submitted, the Maine Public Utilities Commission said it doesn't share that information prior to project selection.)
Connecticut’s Department of Energy and Environmental Protection is eyeing a similar move. During a public webinar in late July, the agency said it was considering an accelerated procurement of zero-carbon resources “before the tax increase takes effect.” The office put out a request for information to renewable energy developers the next day to see if there were any projects ready to go that would qualify for the tax credits. Officials also encouraged developers to contact the agency’s concierge permit assistance services if they are worried about getting their permits on time for tax credit eligibility. Katie Dykes, the agency’s commissioner, said during the presentation that the concierge will engage with permit staff to make sure there aren’t incomplete or missing documents and to “ensure smooth and efficient review of projects.”
New York’s energy office is planning to do another round of procurement in September, the outlet New York Focus has reported, although the solicitation is late — it had originally been scheduled for June. The state has more than two dozen projects in the pipeline that are permitted but haven’t yet started construction, according to Focus, and some of them are waiting to secure contracts with the state.
Others are simply held up by the web of approvals New York requires, but better coordination between New York agencies may be in the works. “I assembled my team immediately and we are trying to do everything we can to expedite those [renewable energy projects] that are already in the pipeline to get those the approvals they need to move ahead,” Governor Kathy Hochul said during a rally at the State University of New York’s Niagara campus last week. The state’s energy research and development agency has formed a team “to help commercial projects quickly troubleshoot and advance towards construction,” according to the nonprofit Evergreen Action. (The agency did not respond to a request for more information about the effort.)
States and local governments are also planning to ramp up marketing of the consumer-based credits that are set to expire. Colorado, for example, launched a new “Energy Savings Navigator” tool to help residents identify all of the rebate, tax credit, and energy bill assistance programs they may be eligible for.
Consumers have even less time to act than wind and solar developers. Discounts for new, used, and leased electric vehicles will end in less than two months, on September 30. Homeowners must install solar panels, batteries, heat pumps, and any other clean energy or efficiency upgrades before the end of this year to qualify for tax credits.
Many states offer additional incentives for these technologies, and some are re-tooling their programs to stretch the funding. Connecticut saw a rush of demand for its electric vehicle rebate program, CHEAPR, after the OBBB passed. Officials decided to slash the subsidy from $1,500 to $500 as of August 1, and will re-assess the program in the fall. “The budget that we have for the CHEAPR program is finite,” Dykes said during the July webinar. “We are trying to be good stewards of those dollars in light of the extraordinary demand for EVs, so that after October 1 we have the best chance to be able to provide an enhanced rebate, to lessen the significant drop in the total level of incentives that are available for electric vehicles.”
As far as trying to address the longer-term challenges for renewables, Balik highlighted Pennsylvania Governor Josh Shapiro’s proposal to streamline energy siting decisions by passing them through a new state board. “One of the big things states can do is siting reform because local opposition and lawsuits that drag forever are a big drag on costs,” Balik told me.
A bill that would create a Reliable Energy Siting and Electric Transition Board, or RESET Board, is currently in the Pennsylvania legislature. (New York State took similar steps to establish a renewable siting office to speed up deployment in 2020, though so far it’s still taking an average of three years to permit projects, down from four to five years prior to the office’s establishment.) Connecticut officials also discussed looking at ways to reduce the “soft costs” of permitting and environmental reviews during the July webinar.
Balik added that state green banks can also play a role in helping projects secure more favorable financing. Their capacity to do so will be significantly higher if the courts force the federal government to administer the Greenhouse Gas Reduction Fund.
When it comes to speeding up renewable energy deployment, there’s at least one big obstacle that governors have little control over. Wind and solar projects need approval from regional transmission operators, the independent bodies that oversee the transmission and distribution of power, to connect to the grid — a notoriously slow process. The lag is especially long in the PJM Interconnection, which governs the grid for 13 mid-Atlantic States, and has generally favored natural gas over renewables. But governors are starting to turn up the pressure on PJM to do better. In mid July, Shapiro and nine other governors demanded PJM give states more of a say in the process by allowing them to propose candidates for two of PJM’s board seats.
“Can we use this moment of crisis to really impress the urgency of getting some of these other things done — like siting reforms, like interconnection queue fixes, that are all part of the economics of projects,” Balik asked. These steps may help, but lengthy federal permitting processes remain a hurdle. While permitting reform is a major bipartisan priority in Congress, as my colleague Matthew Zeitlin wrote recently, a deal that’s good for renewables might require an about-face from the president on wind and solar.