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Later this week, Vice President Kamala Harris will give the first major policy speech of her campaign focused on tackling the “rising cost of living,” according to early press reports. That includes the skyrocketing cost of housing — but of course, you don’t need me to tell you that.
The housing shortage is now perhaps America’s defining economic problem. Over the past two decades, the median cost of housing in America — for renters and for owners alike — has grown much faster than the median income; more than 90% of Americans live in a place where housing costs have outstripped income growth.
Housing is in such short supply that it is distorting and holding back the country’s economy. This morning, the Labor Department announced that prices rose only 2.9% over the past year, a welcome signal that inflation has finally returned to a normal rate. The inflation that we’re still experiencing is driven, above all, by housing, which was responsible for a whopping 90% of the monthly increase in prices.
Friday’s speech is meant to fill out Harris’s relatively skinny set of policy proposals; so far, her team has yet to announce any real deviation from the Biden administration’s climate policy. But I would encourage her — and them — to see housing policy as a climate policy issue. If America hopes to reach net-zero by 2050, then one of the easiest and cheapest ways for it to do so will be to build more housing, especially in cities and transit-connected suburbs.
In America, where you live determines how much carbon dioxide you emit. That’s somewhat less of an issue in other countries that have retained older and more walkable development patterns. But here, half a century of sprawling suburban development has made a high-emissions-lifestyle all but compulsory. If you live in New York, Washington, D.C., or another walkable city, then your carbon emissions are substantially lower than if you live in the suburbs or exurbs. In the country’s sprawling suburbs — not only in the Sunbelt, but also in New Jersey, Maryland, and California — carbon emissions are much higher.
That’s because where you live basically determines how much you drive — and driving is America’s biggest climate problem. The transportation sector is the most carbon-intensive part of America’s economy, generating more emissions than any other activity, and cars and trucks are responsible for most of those emissions. By one estimate, cars and trucks create perhaps 40% of America’s carbon emissions. (That estimate includes the greenhouse gases emitted by manufacturing cars and trucks.) Even in 2030, when millions more Americans have purchased electric vehicles, driving is still expected to dominate the country’s emissions portfolio, according to the Rhodium Group, a private energy analysis company.
So if we want to cut emissions, we should make it as easy as possible for Americans not to drive — or to drive only when they want to. But right now, housing is critically undersupplied in the cities and suburbs where that is possible. Freddie Mac, a federally-backed enterprise that supports the housing market, estimated in 2018 that America had roughly 2.5 million fewer homes than it needed; it has since updated that number to 3.8 million. Many of these housing shortages are worst in the cities where economic growth has been most profound. In the 2010s, New York permitted fewer new housing units than in the 2000s, or even the 1960s.
“Oftentimes, the climate-friendly choice is more expensive, or you’re trying to get people to embrace something they wouldn’t always embrace,” Ben Furnas, the former director of the New York City mayor’s office for climate and sustainability, told me. But that isn’t the case for building more housing in dense, walkable, and transit-affiliated areas, he said.
“The prices in all of these places suggest there’s huge pent-up demand for people to live in these places,” he said. “And even just lowering the regulatory barriers to let that kind of development happen and that kind of growth occur would both make it more affordable, and let people live closer to their families, and be good for the climate in terms of per capita emissions.”
Housing is more than a climate issue for driving-related reasons, though. America’s buildings are responsible for about a third of the country’s carbon emissions. Most of those emissions come from heating and cooling, as well as from generating hot water. But it is cheaper and more energy efficient to do that heating and cooling when houses share a wall or are in the same building. “Heating and cooling a 3,000-square-foot single family home is much more expensive than heating and cooling a 3,000-square-foot condominium in a city,” Paul Williams, the executive director of the Center for Public Enterprise, told me. “The heating loss and cooling loss is much lower in apartment buildings than in single family homes, so having those levels of density matters a lot.”
This is not a millennial problem. America has been underbuilding housing for a long time, and much of that supply shortfall is due to overly restrictive zoning codes at the local level. Even as president, however, Harris has ways to nudge cities to build more. A bipartisan group of lawmakers has proposed the “YIMBY Act,” which would fund cities and states to pursue a race-to-the-top-style effort to loosen housing restrictions. Even without help from Congress, a Harris administration could create a national housing construction fund to provide steady financial support to build new multifamily housing, so that the construction of new apartments and condos doesn’t stop when interest rates rise or the economy hits a snag. Finally, Harris could use the bully pulpit to push local governments — especially in Democratic-leaning states with their own forward-looking climate policies — to drop rules that restrict multifamily development, enforce parking minimums, or prevent the construction of single-stair buildings.
These policies don’t have to transform American society to do a lot of good. “Even a difference between a long drive and a short drive also makes a climate difference,” Furnas, who now runs the 2030 Project, Cornell University’s climate initiative, said. “If you live in a duplex in a somewhat walkable area, one of the two parents drives to work and the other takes the bus, and they can walk to the kid’s school or a grocery store,” that is much more pleasant — and will have much lower emissions — than a scenario where both parents must drive everywhere. It will also be cheaper.
Harris doesn’t need to sound like a radical on these policies, in other words. And she doesn’t even need to do anything more than nod at them. (If I were giving her political advice, I’d say that she doesn’t need to spend much time talking about climate policy between now and November 5 — although as a climate journalist, of course, I feel differently — but perhaps that’s a topic for another column.) But they are basically the free money of America’s climate transition — they would cut inflation, reduce greenhouse gases, and create more pleasant places to live. Should she win the White House, she should pursue them aggressively.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.