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Why the grid of the future might hinge on these 10 projects.

The energy transition happens one project at a time. Cutting carbon emissions is not simply a matter of shutting down coal plants or switching to electric cars. It calls for a vast number of individual construction projects to coalesce into a whole new energy system, one that can generate, transmit, and distribute new forms of clean power. Even with the right architecture of regulations and subsidies in place, each project must still conquer a series of obstacles that can require years of planning, fundraising, and cajoling, followed by exhaustive review before they can begin building, let alone operating.
These 10 projects represent the spectrum of solutions that could enable a transition to a carbon-free energy system. The list includes vastly scaled up versions of mature technologies like wind and solar power alongside the traditional energy infrastructure necessary to move that power around. Many of the most experimental or first-of-a-kind projects on this list are competing to play the role of “clean firm” power on the grid of the future. Form’s batteries, Fervo’s geothermal plants, NET Power’s natural gas with carbon capture, and TerraPower’s molten salt nuclear reactor could each — in theory — dispatch power when it’s needed and run for as long as necessary, unconstrained by the weather. Others, like Project Cypress, are geared at solving more distant problems, like cleaning up the legacy carbon in the atmosphere.
But they do not all have a clear path to success. Each one has already faced challenges, and many of them are likely to face a great number more. We call these the make-or-break energy projects because it's still unclear what the clean energy system of the future is going to look like, but the projects from this list are likely to play a big part in it — if, that is, they get there.

Type of project: Solar farm
Developer: Intersect Power
Location: Desert Center, Riverside County, California.
Size: 400 megawatts of generation and 650 megawatts of storage
Operation date: Possibly 2025
Cost: $990 million
Why it matters: Facing opposition from local retirees angered by the large number of projects popping up in the area, as well as from conservation-focused groups — such as Basin and Range Watch, which opposes many utility-scale energy projects in desert areas — Easley will be a test of whether California’s reforms to limit the timeframe of appeals to the state’s environmental reviews can actually work in getting a project approved and online faster.
The early signs are promising. A nearby solar project by the same developer, Intersect Power, recently went into operation after getting approved by the Bureau of Land Management in January 2022. Easley could be operational “as early as late 2025,” according to a Plan of Development prepared for Intersect Power.
Easley is also an example of what’s increasingly becoming standard in California, at both the residential and utility-scale level: pairing solar with storage. The California grid increasingly relies on batteries to keep the lights on as solar ramps up and down in the mornings and, especially, the evenings. The state has procured a massive amount of storage and has adjusted how utilities pay for rooftop solar in a way that encourages pairing battery systems with rooftop solar panels. This both stabilizes the grid and helps further decarbonize it, as batteries that are physically close to intermittent renewables are more likely to abate carbon emissions.

Type: Energy storage
Developer: Form Energy and Great River Energy
Location: Cambridge, Minnesota
Size: 150 megawatt hours
Operation date: End of 2025
Cost: Unknown; Goal of less than 1/10th cost of utility-scale lithium-ion batteries per megawatt hour
Why it matters: Form Energy first made waves in 2020 when it announced a contract with Great River Energy, a Minnesota electric utility, to build a battery that could store 100 hours’ worth of electricity, which was simply unheard of. Other energy storage companies were just trying to break the 4-hour limitation of lithium-ion, aiming for 8 hours or, at most, 12. Days-long energy storage would be a game changer for maintaining reliability during extreme weather events, storing renewable energy for stretches of cloudy days or windless nights or kicking in when demand peaks. At first, Form’s project was shrouded in mystery. How, exactly, would it do this? But a year later, the company revealed the secret chemistry behind its breakthrough: iron and oxygen. The batteries are filled with iron pellets that, when exposed to oxygen, rust, releasing electrons to the grid. They “charge” by running in reverse, using the electrical current from the grid to convert the rust back to iron.
Since then, the hype has continued to build. Form has raised nearly $1 billion from venture capital and been awarded tens of millions more ingovernment grants. It has signed contracts with six utilities to deploy projects in California, New York, Virginia, Georgia, and Colorado, in addition to Minnesota. All this, despite not having completed a single project yet.
The Great River Energy Project is set to be the first to come online. Originally, the company said it would be operating by the end of 2023; now it’s expected to start construction later this year and begin operating in early 2025, Vice President of Communications Sarah Bray told Heatmap. First, the company has to complete construction of its first factory in Weirton, West Virginia, where it will be producing all of the batteries. Bray said it expects to start high-volume production later this year.

Type: Onshore wind
Developer: Pattern Energy
Location: Lincoln, Torrance, and San Miguel Counties, New Mexico, with transmission into Arizona
Size: 3,500 megawatts
Operation date: 2026
Cost: The project’s developer, Pattern Energy, has secured $11 billion in financing for the wind and associated transmission project. The cost of the project is estimated to be $8 billion.
Why it matters: This would be the biggest wind project in the country and a test case for a variety of energy policy objectives at both the state and federal level. For California, it would be a key step in decarbonizing its grid, as the state right now imports a large amount of its power, not all of which is carbon-free. For the federal government, it meets several goals — using public lands for carbon-free energy development, plus long-distance transmission to spur energy development across the country and link clean power resources in rural areas to major load centers.
It would also mean an ambitious project could overcome long and concerted opposition. The project was first proposed in 2006, and its transmission line cleared environmental review back in 2015, but it has been mired in lawsuit after lawsuit. Most recently, a coalition of conservation groups and Indian tribes sued to halt construction on the power line portion of the project in Arizona’s San Pedro Valley, claiming that their cultural rights had not been adequately respected. In April, a judge allowed construction to continue, ruling that those claims were barred by the existing federal approvals, which had taken years to attain.

Type: Offshore wind
Developer: Equinor
Location: South of Long Island, New York
Size: 810 megawatts
Operation date: 2026
Cost: Not available, but an earlier estimate for developing two wind farms was $3 billion. Costs have since risen, but the second farm, Empire Wind 2, is no longer under contract.
Why it matters: The Northeast, and especially New York State, have aggressive aims for decarbonization, with a goal of 70% of the state’s electricity coming from renewables by 2030. The Biden administration also has a specific goal for 30 gigawatts of offshore wind capacity by 2030, and New York has a goal of 9 gigawatts by 2035. These types of high-capacity projects will be essential for the Northeast to decarbonize. The windy coast of the Atlantic Ocean is the most potent large-scale renewable resource in the region, and many of the region’s large load centers, such as New York City and Boston, are on the coast.
Offshore wind, while expensive, can present less permitting hassle and local opposition than onshore wind or utility-scale solar. Empire Wind 1 (along with Sunrise Wind) matters tremendously for New York’s offshore wind program, which has been in development for years but has faced escalating costs and project cancellations. Only one offshore wind project is actually operational in the state, South Fork Wind, which was contracted outside the NYSERDA process and has around 130 megawatts of capacity. If Empire manages to get steel in the water and electrons flowing to the coast, it will be a sign that the Northeast’s — and thus the country’s — decarbonization goals are at least somewhat attainable.

Type: Transmission
Developers: Transmission Developers, which is owned by the Blackstone Group
Size: 339 miles / 1,250 megawatts
Operation date: 2026
Cost: $6 billion
Why it matters: The Champlain Hudson Power Express, often referred to as CHPE (affectionately pronounced “chippy”) will deliver 1,250 megawatts of hydropower from Quebec into the New York City grid, which is currently about 90% powered by fossil fuels. It is “the most powerful project you’ll never see,” according to its developers, as it is the largest transmission line in the country to be installed entirely underground and underwater.
The project is essential to New York’s goal to build a zero-emission electricity system by 2040. The line will supply an always-available source of clean power to supplement intermittent wind and solar generation and maintain a reliable grid. It has already overcome a number of barriers, including nearly a decade of environmental reviews, uncertainty over whether New York would buy its power, and opposition from conservation advocates concerned about the negative impacts of hydroelectric dams on the environment and on Native communities in Canada.
When it begins operating, New Yorkers won’t just get cleaner power — they should also see air quality benefits almost immediately. The new line is expected to cut air pollution equivalent to that released by 15 of the city’s 16 fossil fuel-fired peaker plants.

Developer: Fervo
Type: Geothermal
Location: Beaver County, Utah
Size: 400 megawatts
Operation date: 2026, although the project isn’t expected to be finished until 2028
Cost: Not disclosed, but Fervo raised $244 million and said that the cash “will support Fervo’s continued operations at Cape Station.”
Why it matters: This enhanced geothermal project is not the first one for Fervo. The company’s Nevada site, Project Red, began providing power for Google data centers in Nevada in November 2023. This planned site, however, will be far bigger: Fervo currently has authorization from the Bureau of Land Management for up to 29 exploratory wells, while the Project Red site had just two. Cape Station broke ground in September 2023, and in the first six months of drilling, Fervo said it reduced costs from drilling by 70% compared to its Project Red wells.
As the grid decarbonizes and major power consumers like technology companies insist on having clean power for their operations, there will be massive and growing demand for so-called “clean firm” power, carbon-free power that is available all the time. Conventional wind and solar is intermittent, and existing battery technology only allows for limited output over time. Fervo’s “enhanced geothermal” technology uses techniques borrowed from the oil and gas industry to be able to produce geothermal power essentially anywhere where there are hot enough rocks underneath the surface of the Earth, as opposed to conventional geothermal, which depends on locating hot enough fluid or stream.
If Fervo can demonstrate that it can produce power at scale at costs comparable to existing conventional geothermal projects, it can expect a massive market for it and demand for more projects.

Type: Nuclear
Developer: TerraPower
Location: Kemmerrer, Wyoming
Size: 345 megawatts
Operation date: Not available, but the company said in 2021 that it plans to be operational “in the next seven years.” Updated to the 2024 application, that would put it on track for a 2030 completion date.
Cost: Not available, but TerraPower has raised around $1 billion and the federal government has pledged around $2 billion to support the project, which TerraPower has said it will “match … dollar for dollar.”
Why it matters: TerraPower is just one of many companies flogging designs for advanced nuclear reactors, which are smaller and promise to be cheaper to build than America’s existing light-water nuclear reactor fleet. The construction permit application the company submitted in March was a first for a commercial advanced reactor. TerraPower matters as much for the Nuclear Regulatory Commission as it does for anyone else, as it’s a test of whether the NRC can meet Congress and the White House’s preference for a more accelerated approval process for advanced nuclear power.
TerraPower’s design, if successful, would be a landmark for the American nuclear industry. The reactor design calls for cooling with liquid sodium instead of the standard water-cooling of American nuclear plants. This technique promises eventual lower construction costs because it requires less pressure than water (meaning less need for expensive safety systems) and can also store heat, turning the reactor into both a generator and an energy storage system.
While there are a number of existing advanced nuclear designs, several of which involve liquid sodium, Natrium could potentially play well with a renewable-heavy grid by providing steady, unchanging output like a current nuclear reactor as well as discharging stored energy in response to renewables falling off the grid.

Type: Hydrogen
Developer: Hy Stor Energy
Location: Project components located throughout Mississippi, with some in Eastern Louisiana
Size: Goal of 340,000 metric tons per year (phase one)
Operation date: 2027
Cost: Initially reported as $3 billion; recently reported as more than $10 billion. (In response to an inquiry from Heatmap, the company replied that it “will be in the multiple billions of dollars.”
Why it matters: Truly carbon-free hydrogen could unlock big emissions reductions across the economy, from fertilizer production, to steelmaking, to marine shipping. But few companies are going to the lengths that Hy Stor is gto ensure its product is really clean. The company is building the first off-grid hydrogen production facility powered entirely by wind and solar. That means Hy Stor will have no problem claiming the new hydrogen production tax credit, which requires companies to match their operations with clean energy sources by the hour — a provision that’s been contested by large portions of the hydrogen industry.
For a company that has never built anything before, the scale of Hy Stor’s Mississippi project is ambitious. The company has acquired about 70,000 acres across Mississippi and Louisiana, along with 10 underground salt domes — mounds of salt buried beneath the Earth’s surface that can be dissolved to form cavernous, skyscraper-sized storage facilities for hydrogen. Those salt domes are the key to Hy Stor’s approach, and what enables the company to rely on intermittent renewables. By storing vast amounts of hydrogen, the company will be able to deliver a steady supply to customers and will also have a backup source of energy for its own operations when wind and solar are less available.
Chief Commercial Officer Claire Behar told Heatmap the company has obtained many of the necessary permits, including for its salt caverns and the plant’s water use. It plans to begin construction at the beginning of 2025, and to have the first phase of the project “in service at scale” by 2027. Hy Stor recently announced a deal to purchase its electrolyzers, devices that split water molecules into hydrogen and oxygen, from a Norwegian company called Nel Hydrogen. It has also signed up a few customers, including a local port and a green steel company.

Type: Carbon removal
Developers: Climeworks, Heirloom, and Battelle
Location: Calcasieu Parish, Louisiana
Size: Goal of capturing 1 million metric tons per year
Operation date: About 2030
Cost: Total project cost unknown; eligible for up to $600 million from the Department of Energy for its Regional Direct Air Capture Hubs Program.
Why it matters: Project Cypress might be the most ambitious project to remove carbon from the atmosphere under development in the world. It is a collaboration by two leading direct air capture companies, Heirloom Carbon Technologies and Climeworks, which were among the first to demonstrate their ability to capture carbon directly from the air and store it at commercial scale. Now, the two will be attempting to scale up exponentially, from capturing a few thousands tons per year to a combined million.
Last August, the Department of Energy selected Project Cypress to be one of four direct air capture hubs it will support with $3.5 billion from the Bipartisan Infrastructure Law. In March, the project was awarded its first infusion of $50 million, but the developers will have to do extensive community engagement to continue receiving funding. Battelle, the project developer, told Heatmap the project has also received an additional $51 million in private investment.
Between financing, permitting challenges, renewable energy sourcing, and community opposition, the project is sure to face a bumpy road ahead. The project and its developers have no ties to the oil and gas industry, but that hasn’t done much to win over the support of environmental justice advocates, who see the project as a dangerous distraction from cutting emissions and pollution in Louisiana. But if Project Cypress is successful, it will show the world what direct air capture looks like at climate-relevant scales.

Type: Carbon capture
Developer: NET Power
Location: Ector County, Texas
Size: 300 megawatts
Operation date: Late 2027 or early 2028
Cost: About $1 billion
Why it matters: Oil and gas CEOs love to say that the problem is not fossil fuels, the problem is emissions. NET Power’s technology — a natural gas power plant with zero emissions, carbon or otherwise — could prove to be the ultimate vindication of that statement. In short, NET Power’s system recycles most of the CO2 it produces and uses it to generate more energy. It also utilizes pure oxygen, unlike typical natural gas plants that take in regular air, which is mostly nitrogen. This means that any remaining CO2 not recycled in the plant is relatively pure and easy to capture.
NET Power opened a 50 megawatt demonstration plant in La Porte, Texas, in 2018, and is developing a 300 megawatt commercial plant in Ector County, Texas, in partnership with Occidental Petroleum, Baker Hughes, and Constellation Energy. On a recent earnings call, CEO Danny Rice said the project was “expected to have a lower levelized cost per kilowatt hour than new nuclear, new geothermal, and new hydro.”
The company generated a lot of excitement among energy experts in the fall of 2021 when it announced that its La Porte project had successfully delivered power to the Texas grid. It also raised a lot of money when it went public last summer. But things have been somewhat rocky since. During a December earnings call, NET Power’s president told investors that its first commercial plant would be delayed by at least a year due to supply chain challenges. According to filings with the Securities and Exchange Commission, the company also applied for funding from the Department of Energy’s Office of Clean Energy Demonstrations last year, but was not selected. It has not yet found any third parties to license its technology or offtakers to buy energy from the Ector County plant, and noted in its recent filings that while the La Porte pilot project delivered electricity to the grid, it did not, in fact, deliver “net” power — meaning that it used more power than it generated.
A spokesperson for the company told Heatmap the La Porte facility was solely intended to “prove the technical viability of the NET Power Cycle” and not intended to produce net power. So everything’s now riding on Project Permian.
Editor’s note: This story has been updated to correct a typographical error in the amount of private investment Project Cypress has received.
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Progressive candidate Jane Kim declared victory in the race for California Insurance Commissioner.
Few political wonks outside of California were likely paying much attention to the Golden State on Tuesday night, as Democrats’ anticipated blue wave crested. But the state did have one close, consequential race on the ballot: insurance commissioner. On Friday, Bernie Sanders-endorsed progressive Jane Kim won the race to lead the California Department of Insurance, which oversees the state’s $452 billion insurance market.
Kim declared victory over the more moderate State Senator Ben Allen, who was backed by the California Democratic Party, after reaching a nearly six-point lead on Friday. In a brief speech before supporters, Kim said Allen called to congratulate her that morning. (A spokesman for the Allen campaign confirmed the call to The Orange County Register.) Kim ran on a proposal for a state-run, single-payer insurance program that would cover homeowners against wildfire damage — though the plan would ultimately need approval from both the California legislature and Governor-elect Xavier Becerra.
The idea is that homeowners would automatically receive public coverage for wildfire-related losses, with payouts capped at roughly what it costs to rebuild a typical California home. Policyholders would keep their regular private insurance for other risks such as theft, burst pipes, or an ordinary kitchen fire. Kim says Californians wouldn’t pay more overall, since the money for the program would come from the share of premiums that already goes toward wildfire coverage, though each household’s bill would partly depend on its own wildfire risk.
“It would be nonprofit, and so any excess capital would stay in the state of California and would be used to drive down risk,” Kim told my colleague Matthew Zeitlin a few weeks ago. “That’s the most important piece about this actually, is that it would create another revenue stream for mitigation.”
The insurance commissioner job has taken on an increasing sense of urgency as wildfires — intensified by climate change — continue ripping through communities in California. Mounting losses from hotter, drier conditions combined with decades of new construction in the wildland-urban interface have squeezed insurers’ profits, leading many to drop policyholders in high-risk areas or simply stop writing new policies in the state altogether.
California’s homeowners insurance premiums climbed 84% between December 2020 and March of this year, according to Stanford researchers. Meanwhile, a growing number of residents have been pushed onto the state’s FAIR Plan, which my colleague Matthew described as “the barebones insurer of last resort.” The share of California’s single-family homes covered by the plan has nearly tripled over that same period, from under 2% to about 5%, as homeowners in even low- and moderate-risk wildfire areas increasingly find themselves with few alternatives.
The insurance crunch has become yet another front in California’s broader affordability crisis, alongside persistently high housing, electricity, and gasoline costs. Kim’s victory suggests frustrated voters are increasingly willing to support more radical solutions that once seemed politically out of reach. And while Kim doesn’t have a background in the insurance industry, she’s no stranger to public office. The former civil rights attorney served on the San Francisco Board of Supervisors from 2011 to 2019 before becoming a regional director for Sanders’ 2020 presidential campaign.
But throughout her run for the Insurance office, critics have continually questioned how, exactly, her plan would work. No state has attempted a public disaster insurance program like this before; critics argue there’s no relevant model to work off of, no white paper laying out the details, and no price tag attached to the idea. Kim herself acknowledges that there’s plenty of uncertainty surrounding the plan. “This is a concept and a proposal, and could look quite different by the time it works its way through the process,” she told Matthew. In other words, the program that eventually emerges from negotiations with lawmakers — if one does — could end up looking considerably different from what Kim campaigned on.
Her opponent, Allen, who chairs the state senate’s Energy, Utilities and Communications Committee, argued that creating a public wildfire insurance program would impose a significant financial burden on the state. The California Earthquake Authority, an agency that sells earthquake insurance and administers the state’s Wildfire Fund, examined the potential costs of such a program this spring, estimating it would require roughly $25 billion upfront to have a 75% chance of staying solvent for 20 years. But Kim points out in her policy brief that buying reinsurance — essentially insurance for the insurer — could cut that to about $6 billion.
Allen, on the other hand, pitched a series of reforms to the existing market, including speeding up rate reviews, rewarding homeowners and communities for wildfire mitigation, expanding financing for home-hardening projects, and discouraging development in high-risk areas.
Voters opted instead for the insurance revolution. But Kim argues that her plan isn’t totally without precedent. On the campaign trail, she frequently pointed to New Zealand, where the government’s Natural Hazards Commission provides homeowners with public coverage for disasters including earthquakes, landslides, volcanic eruptions, and tsunamis — though notably not ordinary wildfires. And while France and Spain also operate state-backed disaster insurance programs, these don’t cover wildfires either, a far more common occurrence in California than the comparably rare disasters these programs were built around abroad.
Ultimately, Kim’s ambitious plan will require a champion in the legislature to go anywhere. But in the meantime, there are other issues she could get to work on. On the campaign trail, she said she wants to push insurers to fund a disaster mitigation program run by the Department of Insurance, require companies selling auto policies in a region to also offer homeowners coverage there, and impose minimum loss ratios compelling home insurers to pay at least 65% of premiums in claims and auto insurers at least 70%. It’s unclear, however, whether Kim can implement either of the latter two proposals without new legislation.
Kim will also immediately face the question of what to do with outgoing Insurance Commissioner Ricardo Lara’s Sustainable Insurance Strategy reform package. Designed to entice insurers back to California, these new rules allow companies to set premiums using forward-looking risk models rather than relying on historical losses, and to pass a portion of their rising reinsurance costs onto policyholders. In exchange, insurers are required to write more policies in wildfire-prone areas.
Kim has criticized this approach, arguing that insurers have exploited loopholes to raise premiums on lower-risk customers while continuing to underserve high-risk communities, all without doing enough to address the underlying factors driving wildfire risk.
That leaves Kim in a tricky situation. Until she is able to secure legislative backing for some version of her proposed public insurance program, she’ll have to decide whether to scrap or simply build on the existing reforms. She hasn’t yet laid out any plan for doing so. But whatever direction she takes could ultimately reshape California’s insurance market well before a new state insurer gets off the ground.
They only ticked up by 5% this week.
Beyond the repudiation of Donald Trump, if there was one message voters sent on election night, it was that they really don’t like data centers.
Democrats who ran against rampant data center development won at both the gubernatorial level (Amy Acton in Ohio, Gina Hinojosa in Texas) and the senatorial level (Abdul El-Sayed in Michigan, Annie Andrews in South Carolina). The Wall Street Journal counted 125 Democrats nationwide who “targeted their opponents over data centers.”
“Data centers are the midterms’ other big loser,” according to Politico. “The Results Are In: Voters Hate Data Centers,” from Wired.
Commentators didn’t just notice that many anti-data-center candidates won, but that a number of local data center moratoria passed as well. “In nearly every case, it’'s about 67-80% opposing data centers. True in California, Ohio, everywhere,” Brad Carson, head of the artificial intelligence policy group Americans for Responsible Innovation tweeted. Added Democratic strategist David Shor on X, “Voters sided against data centers in 40 of 41 ballot measures, with basically no correlation to how red a county was.”
But as far as new legislation and ordinances go, November 3 was just another Tuesday in the long-running local campaign against data center development, Heatmap Pro data shows.
“Forty is a lot in one day,” Owen Curtin, a data analyst with our intelligence platform Heatmap Pro, admitted, but “in terms of the rate at which county governments are enacting legislation and the overwhelming public support for them, it’s not new.”
There have been over 830 restrictive measures passed this year, according to analysis from Heatmap Pro, which breaks down to just over 80 per month. The numbers picked up substantially in the summer and fall.

June 15 to 21 was the busiest week of the year for passing data center laws, at 35, and June the month with the most laws passed overall, with 133. Another95 restrictive laws were passed in July, followed by 86 in October.
Of the 40 ballot measures passed this week, only one applied at the county level (Morgan County, Illinois), where a great deal of data center permitting occurs. “While many municipalities permit data centers, a significant portion are permitted by county governments. Not all counties have the legal authority to pursue ballot measures, which is why most November 2 measures were at the municipal level,” Curtin explained.
“While the overwhelming support for local data center ballot measures is indicative of public sentiment (largely anti-data center), it doesn’t necessarily correlate with the regulatory landscape,” he went on. And here’s a fun fact: “There are over 19,000 municipalities in the U.S., so 40 bans are only 0.2% of all municipalities,” Curtain added. “If 40 municipalities banned data centers every day, it would take 475 days to ban data centers across the entire U.S.”
A conversation with Rep. Mike Levin of California
It’s crunch time for the Senate’s bipartisan permitting reform and transmission bill. In three days, the bill’s authors plan to put the Bipartisan American Affordability and Jobs Act to a vote on the Senate floor. That means there’s probably only three days to finish up an amendment to the bill that addresses critics’ concerns without toppling the delicate balance the authors initially struck to foster bipartisan support.
BAAJA has major implications for climate policy, as it would make it much easier and cheaper to build high-voltage transmission lines that connect renewable energy from where it is generated to demand centers. It includes ratepayer protection provisions that require data centers to pay all of the costs of upgrading the grid so that they can hook up to it. The bill would also speed up permitting for energy projects of all stripes, from solar farms and geothermal plants to pipelines and liquified natural gas terminals.
The trade-offs, beyond the benefits for fossil fuels, include making it far more difficult — in some cases, potentially impossible — to revoke permits for a project once the federal government has issued them. While this might help solar and wind under Trump or a Trump-like president, critics are worried it will give Trump carte blanche to approve shoddy oil and gas projects with abandon in his remaining two years. The bill also limits public participation in the environmental review process, makes significant changes to landmark environmental laws like the Clean Water Act and the Endangered Species Act, and weakens tribal consultation under the National Historic Preservation Act.
Several Democratic Senators and House members who had yet to comment on the bill came out of the woodwork in the post-midterms glow to share where they stood. Ruben Gallego, the senator from Arizona and likely 2028 presidential candidate, told a Washington Sun reporter that the White House may not be so willing to negotiate six months from now after a possible impeachment. “Or maybe we get too close to an election and Vance doesn't want to negotiate, right?” he said. “So why not take this win now?”
Senator Mark Kelly, of Arizona, on the other hand, said he wants to wait and see if Democrats can get more of their priorities into the bill in the next Congress, according to Politico. That sentiment seems to be growing among Democrats in the House, where minority leader Hakeem Jeffries of New York has come out against the current iteration of the bill. “Leader Jeffries will not rubber-stamp legislation that emerges from the Senate without more constructive involvement with our Caucus as we fight to make life more affordable for the American people,” Jeffries’ spokesperson told Politico.
The political calculus on the bill is in the eye of the beholder. Proponents are sure this is the best chance Democrats are going to get to clear transmission bottlenecks that will open the door to a clean energy future. Skeptics are worried the risks are too great, or otherwise feel it’s worth attempting a better deal in the next Congress when Democrats have more power.
On Thursday, I spoke to Representative Mike Levin from California as he was coming down from the high of his own reelection win on Tuesday night. Levin told me he was decidedly undecided on the bill, and so we talked through how he’s thinking about it.
Let’s start with the big picture. What is your opinion of the legislation as written?
I think a few things. One, having such a huge democratic victory in the House and the Senate changes the dynamics around the deal and really around the negotiations — not just around permitting reform, but all the things that have been punted to the lame duck. I think there’s a list of like a dozen things.
The question is, do we choose to accept the permitting deal in its current construct with whatever technical changes there are in the manager’s amendment? Do we negotiate much broader changes this Congress with the massive vote we received on Monday? Or do we wait until the 120th Congress when Democrats have the pens?
The next thing we're going to learn, after we get the final numbers in the House and Senate, is what does the manager’s amendment actually look like? There’s risks to any of the options here. There are more conversations that our caucus needs to have on permitting in light of Tuesday. We’ve raised specific concerns to our colleagues in the Senate. I know others have as well, and I’m going to be watching closely to see if Martin [Heinrich] and Sheldon [Whitehouse] can address some of these concerns that we’ve raised.
What are your biggest concerns about the bill?
There’s a big picture test that I have, a three-prong test. First: Is it going to actually lower costs? This whole election has been about lowering costs for consumers. Second: Is it going to protect the environment, and specifically, will it promote clean air and clean water that communities need? And then, third: Will it actually do the job on access to clean energy?
And what I would say is: there are some real problems. I have a lot of good things to say about the transmission provisions. A lot of it mirrors what we’ve been working on in the Energy Bills Relief Act for a long time. But I think there are loopholes around project certainty language. I read my friend John Podesta’s phrase of “loaded Howitzer” in Heatmap. I see these loopholes as ripe for corruption and potentially allowing permits for fossil fuel projects, and that’s very concerning.
You have the historic preservation tribal issues, right? My friends in New Mexico have been very loud about that, and other places as well. They’re very unhappy about the [National Historic Preservation Act] process and tribal sovereignty.
And I worry in the context of the whole data center fight that there aren’t enough steps in here to improve transparency for the public through the permitting process. You can’t have projects that are shrouded in secrecy, and you need community engagement to lead to better and more successful projects. So those are a few things, and those are not small things.
What is your sense of the sentiment around the bill in the House in general? Are there House Republicans that are against it? Do you think it could get the votes in the House?
Mike Johnson obviously came out strongly for it, which may not help get House Democrats on board. I have to tell you, the fact that he was so enthusiastically for it — in my view that wasn’t a great tell.
In my own opinion, any bipartisan permitting bill or any bipartisan bill at all is going to require compromise, and we owe the negotiators the room to try to get to a deal to a certain extent. We shouldn’t let the perfect be the enemy of the good. But until we see the final text, it’s tough to take a stance on the bill, and that includes the managers’ amendment. And we need more assurances and progress from the administration than we’re getting.
Time is running out for that, it seems.
Yeah. They still refuse to implement our current laws in good faith, and that doesn’t give me confidence that they’re going to implement any new law in good faith.
The other thing that I don’t think really gets talked about in this context, but I see it as germane — at least in the behavior of the administration — is what happened on the Lindsey Graham sanctions bill. This bill was negotiated by the White House, and there were a lot of Dems that were for it. It was a close vote for me. I voted against because I could not trust the administration to proceed in good faith. I thought Trump would use the tariff authority and the sanctions waiver authority in an unintended way, and that’s exactly what happened. Lindsey Graham would never, in a million years, have been okay with how Trump waived sanctions on Russia using a bill intended to impose sanctions. Just the same, I could see a scenario where, with the permit-certainty language, it is in fact the loaded Howitzer that John Podesta described. That’s my two cents.
Some proponents of the bill have said the midterms are an argument to pass this bill because they showed how much voters care about affordability, and this bill, by their account, is all about affordability, and if newly elected Democrats want to do more on clean energy down the road, this is a prerequisite. What do you make of those arguments?
They want us to get stuff done. There’s no question about that. But I also think that they want us to get things done that actually are reflective of our priorities and our values. And in this case, the three things that I laid out are reflective of those priorities and values. Again, costs, environmental implications, and access to clean energy — and clearly there are big challenges with unintended environmental repercussions.
I found it interesting that in [the Rhodium Group’s] analysis, they basically omit the certainty provision from their analysis of the GHG impact because there’s really no way to know how the administration will interpret and potentially abuse that provision. There’s great potential for abuse with that provision; I think it needs to be reworked. And it’s naive to think all of a sudden that the Trump administration will behave any differently than they have in the first six years of their opportunity to run afoul of bedrock environmental law, kneecap clean energy, and double down on fossil fuels. I would expect more of the same.
The other thing I think is wrong is the presumption that everyone in the clean energy industry is all on board —you're not talking to enough actual project developers who may not be on board.
Do you see a clear pathway to do something like your Energy Bills Relief Act in the next Congress?
There's a tremendous opportunity to do the Energy Bills Relief Act in the next Congress. We obviously have to discuss with all of our many new and unexpected colleagues to get them on board, and we may have to make amendments to the bill as it was constituted in the 119th Congress. But we got 160 on board. We have lots and lots of new people, and we may, after making changes, find ourselves with a really strong number of people in support. And I’m not giving up on the Republicans that are left in the House, some of whom have claimed to be more pro-clean energy. We’ll get there, and in the meantime, there are things we can do right at the beginning around the war and tariffs — maybe around other ideas as Nikki Budzinski and I presented to Leader [Hakeem] Jeffries that I’ll let him run with as we scope out the first 100 hours, 100 days in the year of the new 120th Congress.
If you do have an opportunity to do something like the Energy Bills Relief Act next Congress, how do you get Trump to sign it? Or another permitting bill if this one doesn’t pass?
Well, I guess two ways. One is if you get the majority in the House and you get 60 votes in the Senate, you send it to the president’s desk. And if you were to get two-thirds in both houses, then it’d obviously be veto-proof. I would have thought veto-proof majorities to be incredibly difficult, but then we saw something on Tuesday I didn’t expect. We got 260, perhaps more, in the House, and you need 290 to get your two-thirds. And then in the Senate, we got 56, if we hold in Mississippi and Alaska, meaning you’d need 11 Senate Republicans. And you have a changed national mood, where I think a lot of those Republican senators who will be up for re-election — I'm pretty confident you probably could get four of them, but maybe you could get more, and you could get all the way to 11.
But if you were to send a bill to the president’s desk that, on balance, is positive. The president could do what he did for the Road to Housing Act — neither sign nor veto. He could go that route. So I think it’s a lot more possible now with the majorities that we have. What I don’t think we need to do is just accept that the only option is the current deal, have that pass into law with the downside that there are still some pretty stark environmental rollbacks, and the risk that we don't have any real indications that this administration will faithfully implement the bill.
There are two other options as well: Given what happened in the election, we can make our Senate colleagues come to the table and pass a bill that is more reflective of those things I mentioned — costs, environment, and clean energy.
Or a third option is my friend Jared Huffman, who says, ‘Wait until we retake the majority in January, try to strike a better deal,’ with the risk that Trump is not willing to work with us at all.
Another idea I've heard floated by proponents of the bill is: pass it as is, and if there are things that turn out to be really bad or that you want to change down the line, Congress can come at it again later on. What do you think about that strategy?
That's true. The challenge is how long would that take, and what damage would be done in the interim? If Trump does take the certainty sections and turns it into a free-for-all for fossil, then I think it’s going to be two years of some really bad stuff happening, two years of unintended consequences, and potentially longer than two years if you have a Republican winning the White House in 2028.
We’ve got to be clear-eyed about the deal as it stands. This is not the last time in human history that we will have Congress and the White House negotiating. It’s a great opportunity to try to get something done that will be very meaningful, particularly around the transmission piece. And again, I don’t believe in perfect being the enemy of the good, but I want to make sure that it’s actually good.
Just to make sure I'm 100% clear on where you stand on this right now, it sounds like you're still relatively undecided, given what the bill says at this moment?
I am waiting to take a stance on the bill until I see the final text. I am closely watching the Senate process, and again, I’m judging the bill by those three factors that I mentioned, and I won’t know where I stand until I see the final text. We also have to have family discussions back in Washington D.C. next week. It doesn’t do any good to negotiate with the press before we discuss amongst ourselves. I have seen a lot of my colleagues that are very, very interested in this. They reach out to me, and I give them the best information that I can. I can also tell you that I have tremendous respect for John Podesta’s opinion.
This interview was edited for length and clarity.