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A conversation with the most interesting man on the Federal Energy Regulatory Commission.

It’s not every day that a top regulator calls into question the last few decades of policy in the area they help oversee. But that’s exactly what Mark Christie, a commissioner on the Federal Energy Regulatory Commission, the interstate power regulator, did earlier this year.
In a paper enticingly titled “It’s Time To Reconsider Single-Clearing Price Mechanisms in U.S. Energy Markets,” Christie gave a history of deregulation in the electricity markets and suggested it may have been a mistake.
While criticisms of deregulation are by no means new, that they were coming from a FERC commissioner was noteworthy — a Republican no less. While there is not yet a full-scale effort to reverse deregulation in the electricity markets, which has been going on since the 1990s, there is a rising tide of skepticism of how electricity markets do — and don’t — reward reliability, let alone the effect they have on consumer prices.
Christie’s criticisms have a conservative bent, as you’d expect from someone who was nominated by former President Donald Trump to the bipartisan commission. He is very concerned about existing generation going offline and has called activist drives against natural gas pipelines and other transportation infrastructure for the fossil-fuel-emitting power sources a “national campaign of legal warfare…[that] has prevented the construction of vitally needed natural gas transportation infrastructure.”
Since renewables have become, at times, among the world’s cheapest sources of energy and thus quite competitive in deregulated markets with fossil fuels (especially when subsidized), this kind of skepticism is a growing issue in the Republican Party, which has deep ties to oil and gas companies. The Texas state legislature, for instance, responded to Winter Storm Uri, which almost destroyed Texas’ electricity grid in 2021, with its own version of central planning: billions in low cost loans for the construction of new gas-fired power plants. Former Texas Governor Rick Perry, as secretary of energy in the Trump administration, even proposed to FERC a plan to explicitly subsidize coal and nuclear plants, citing reliability concerns. (FERC rejected it.) Some regions that didn’t embrace deregulation, like the Southeast and Southwest, also have some of the most carbon-intensive grids.
But Christie is not so much a critic of renewable resources like wind and solar, per se, as he is very focused on the benefits to the grid of ample “dispatchable” resources, i.e. power sources that can power up and down on demand.
This doesn’t have to mean uncritical acceptance of existing fossil fuel infrastructure. The idea that markets don’t reward reliability enough can help explain the poor winterization for fossil fuel generation that was so disastrous during Winter Storm Uri. And in California, the recognition that renewables alone can’t power the grid 24 hours a day has led to a massive investment in energy storage, which can help approximate the on-demand nature of natural gas or coal without the carbon pollution.
But Christie is primarily interested in the question of just how the planning is done for a system that links together electric generation and consumers. He criticized the deregulated system in much of the country where power is generated by companies separate from the utilities that ultimately sell and distribute that power to customers and where states have less of a role in overall planning, despite ultimately approving electricity rates.
Instead, these markets for power are mediated through a system where utilities pay independent generators a single price for their power at a given time that is arrived at through bidding, often in the context of sprawling multi-state regional transmission organizations like PJM Interconnection, which covers a large swath of the Midwest and Mid-Atlantic region, or the New England Independent System Operator. He says this set-up doesn’t do enough to incentivize dispatchable power, which only comes online when demand spikes, thus making the system overall less reliable, while still showing little evidence that costs have gone down for consumers.
Every year, grid operators and their regulators — including Christie — warn of reliability issues. What Christie argues is that these reliability issues may be endemic to the deregulated system.
Here is where there could be common ground between advocates for an energy transition and conservative deregulation skeptics like Christie. While the combination of deregulation and subsidies has been great for getting solar and wind from zero to around 13 percent of the nation’s utility-scale electricity generation, any truly decarbonized grid will likely require intensive government supervision and planning. Ultimately, political authorities who are guiding the grid to be less carbon-intensive will be responsible for keeping the lights on no matter how cold, warm, sunny, or windy it happens to be. And that may not be something today’s electricity “markets” are up for.
I spoke with Christie in late June about how FERC gave us the electricity market we have today, why states might be better managers than markets, and what he’s worried about this summer. Our conversation has been edited for length and clarity.
What happened to our energy markets in the 1990s and 2000s where you think things started to go wrong?
In the late ‘90s, we had this big push called deregulation. And as I pointed out in the article, it really wasn’t “deregulation” in the sense that in the ‘70s, you know, the trucking and airlines and railroads were deregulated where you remove government price regulation and you let the market set the prices. That’s not what happened. It really was just a change of the price-setting construct and the regulatory construct.
It took what had been the most common form of regulation of utilities, where utilities are considered to be natural monopolies, and said we’re going to restructure these utilities and we’re going to let the generation part compete in these regional markets.
And, you know, from an economic standpoint, okay, so far so good. But there’s been a lot of questioning as to whether there’s really true competition. Many parts of the country also just didn’t do it.
I think there’s a serious question whether that’s benefiting consumers more than the cost of service model where state regulators set the prices.
So if I’m an electricity consumer in one of the markets that’s more or less deregulated, how might reliability become an issue in my own home?
First of all, when you’re in one of these areas that are deregulated, essentially you’re paying the gas price. If it goes up, that’s what you’re going to pay. If it goes down, it looks really good.
But from the reliability standpoint, the question is whether these markets are procuring enough resources to make sure you have the power to keep your lights on 24/7. That is the big question to a consumer in a so-called deregulated state: Are these markets, which are now the main vehicle for buying generation resources, are they getting enough generation resources to make sure that your lights stay on, your heat stays on, and your air conditioning stays on?
Do you think there’s evidence that these deregulated markets are doing a worse job at that kind of procurement?
Well, let’s take, for example, PJM, which came out with an announcement in February that said they were going to lose in the next five years over 40 gigawatts. A gig is 1,000 megawatts, so that’s a lot of power, that’s a lot of generating resources. And the independent market monitor actually has told me it is closer to 50 gigawatts. So all these units are going to retire and they’re going to retire largely for economic reasons. They’re not getting sufficient compensation to stay open.
The essence of restructuring was that generating units are going to have to make their money in the market. They’re not going to get funding through what's called the “rate base,” which is the regulated, traditional cost-of-service model. They have to get it in the markets and theoretically, that sounds good.
But in reality, if they can’t get enough money to pay their cost, they’re going to retire and then you don’t have those resources. Particularly in the RTOs [regional transmission organizations, i.e. the multi-state electricity markets], you’re seeing these markets result in premature retirements of generating resources. And so, now, why is that? It’s more of a problem in the RTOS than non-RTOS because in the non-RTOS, they procure resources under the supervision of a state regulator through what’s called an integrated resource plan or IRP.
The reason I think the advantage and reliability is with the non-RTOS is that those utilities have to prove to a state regulator that their resource plan makes sense, that they’re planning to buy generating resources. Whether they’re buying wind or solar or gas, whatever, they have to go to a state regulator and say, “Here’s our plan” and then seek approval from that regulator. And if they’re shutting down units, the state regulator can say, “Wait a minute, you’re shutting down units that a few years ago you told us were needed for reliability, and now you’re telling us you want to shut them down.” So the state regulator can actually say , “No, you’re not going to shut that unit down. You’re going to keep running it.”
That’s why I think you have more accountability in the non-RTOS because the state regulators can tell the utility, “you need more resources, go build it or buy it,” or “you already have resources, you’re not going to shut them down, we’re not going to let you.”
You don’t have that in an RTO. In an RTO, it’s all done through the market. The market decides, to the extent it has a mind. You know, it’s all the result of market operations. It’s not anybody saying whether it’s a good idea or not for a certain unit to shut down.
I find it interesting that a lot of the criticism of the deregulated system — and a lot of places that are not deregulated — come from more conservative states that would generally not think of themselves as having this kind of strong state role in economic policy. What’s different about electricity? Why do you think the politics of this line up differently than it would on other issues?
I don’t know. That’s an interesting question. I haven’t even thought about it in those terms.
I think it goes back to when deregulation took place in the mid-to-late ‘90s. Other than Texas, which went all the way, the states that probably went farthest on it were in the Northeast. Part of the reason why is because they already had very high consumer prices. I think deregulation was definitely sold as a way to reduce prices to consumers. It hasn’t worked out that way.
Whereas you look at the Southeast, which never went in for deregulation. The Southeastern states, which are still non-RTO states, had relatively very low rates, so they didn’t see a problem to be fixed.
The other big trend since the 1990s and 2000s is the explosive growth of renewables, especially wind and solar. Is there something about deregulated electricity markets, the RTO system, that makes those types of resources economically more favorable than they would be under a different system?
Well, if you’re getting a very high subsidy, like wind and solar are getting, it means you can bid into the energy markets effectively at zero. So if you can bid in at zero offering, you’re virtually guaranteed to be a winner. In a non-RTO state, a state that's doing it through an integrated resource plan, the state regulator reviews the plan. That's why I think an IRP approach is better actually for implementing wind and solar because you can implement and deploy wind and solar as part of an integrated plan that includes enough balancing resources to make sure you keep the lights on.
To me an Integrated Resource Plan is a holistic process, where you can look at all the resources at your disposal: wind, solar, gas, as well as the demand side. And you can balance them all in a way that you think, “Okay, this balance is appropriate for us for the next three years, or four years, or five years.” Because you’re typically doing an IRP every three to five years anyway. And so I think it’s a good way to make sure you balance these resources.
In a market there’s no balancing. In a market it’s just winners and losers. And so wind and solar are almost always going to win because they have such massive subsidies that they’re going to get to offer in at a bid price of zero. The problem with that is they’re not going to get paid zero. They’re going to get paid the highest price [that all electricity suppliers get]. So they offer in at zero, but they get paid the highest price, which is going to be a gas price. It’s probably going to be the last gas unit to clear, that’s usually the one that’s the highest price unit. And yet because of the single clearing price mechanism, everybody gets that price. So you can offer it at zero to guarantee you clear, but then you’re going to get the highest price, usually a gas combustion turbine peaker.
Do you think we would see as much wind and solar on the grid if it weren’t for the fact that a lot of the resources are benefiting from the pricing mechanism you describe?
I don’t think you can draw that conclusion because there are non-RTO states that have what’s called a mandatory RPS, mandatory renewable portfolio standard. And so you can get there through a mandatory RPS and a cost to service model just as you can end up in a market. And actually, again, I think you can get there in a more balanced way to make sure that the reliability is not being threatened in the meantime.
To get back to what we’re talking about in the beginning, my understanding is that FERC, where you are now, played a large role in encouraging deregulation in the formation of RTOs. Is this something that your staff or other commissioners disagree with you about? How do you see the role you’re playing, where you’re doing public advocacy and reshaping this conversation around deregulation?
First of all, we always have to give the standard disclaimer, you never talk about a pending case. But FERC was really the driving force behind a lot of this deregulation. So obviously, they decided that that’s what they wanted to push, and they did. And so I think it’s appropriate as a FERC regulator to raise questions. I think raising questions about the status quo is an important thing that we do and should do. Ultimately, you advocate for what you think it ought to be and if the votes come eventually, it might take several years, but it’s important.
One of the things I try to do is, I put the consumer at the center of everything I do. It is absolutely my priority. And I think that it should be every regulator’s priority, particularly in the electric area because most consumers in America — in fact, almost all consumers in America — are captive customers. By captive. I mean, they don’t get to choose their electric supplier.
Like, where do you live, Matthew?
I live in New York City.
You don’t get to choose, right? You’re getting electricity from ConEd. And you don’t have any choice. So you’re a captive customer. And most consumers in America are captive customers. We tried this retail choice in a few states that didn’t work. You know, they’re still doing it. I’m not going to say whether it’s working or not, but I know we tried it in Virginia, and it didn’t work at all because of a lot of reasons.
I always put customers first and say, “Look, these customers are captive. We have to protect them. We have to protect the captive customers by making sure they’re not getting overcharged.” So that’s why I care about these issues. And that’s why I wrote this article. I think that customers in a lot of ways in America are not getting treated fairly. They’re getting overcharged and I think they’re not getting what they should be getting. And so I think a big part of it is some of this stuff that FERC's been pushing for the last 25 years.
Our time is running out. So I will leave with a question that is topical: It’s already been quite hot in Texas, but outside of Texas and in FERC-land, where are you concerned about reliability issues this summer?
Well, I’m concerned about everywhere. It’s not a flippant remark. I read very closely the reliability reports that we get from NERC and we have reliability challenges in many, many places. It’s not just in the RTOs. I think we have reliability challenges in the South. Fortunately, the West this year, which has been a problem the last couple of years, is actually looking pretty good because all the rain last winter — even flooding — really was great for hydropower.
I’m from California, and I think it’s the first time in my adult life that I remember stories about dams being 100 percent, if not more than 100 percent, full.
The rains and snowfall were so needed. It’s filled up reservoirs that have been really dry for years. And from an electrical standpoint, it’s been really good for hydro. So they’re looking at really good hydro availability this summer in ways they haven't been for the last several years. So the West actually, because of all the rain and the greater available of hydro, I think is in fairly good shape.
There’s a problem in California with the duck curve, the problem is still there. If you have such a high solar content, when the sun goes down, obviously the solar stops generating and so what do you do you know for the next four to five hours? Because the air conditioners are still running, it’s still hot, but that solar production has just dropped off the table. So they’ve been patching with some battery storage and some gas backup.
But I’m worried about everywhere. I watch very closely the reports that come out of the RTOs and you can’t be shutting down dispatchable resources at the rate we’re doing when you’re not replacing them one to one with wind or solar. The arithmetic doesn’t work and it’s going to catch up to us at some point.
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Adorable as they are, Japanese kei cars don’t really fit into American driving culture.
It’s easy to feel jaded about America’s car culture when you travel abroad. Visit other countries and you’re likely to see a variety of cool, quirky, and affordable vehicles that aren’t sold in the United States, where bloated and expensive trucks and SUVs dominate.
Even President Trump is not immune from this feeling. He recently visited Japan and, like a study abroad student having a globalist epiphany, seems to have become obsessed with the country’s “kei” cars, the itty-bitty city autos that fill up the congested streets of Tokyo and other urban centers. Upon returning to America, Trump blasted out a social media message that led with, “I have just approved TINY CARS to be built in America,” and continued, “START BUILDING THEM NOW!!!”
He’s right: Kei cars are neat. These pint-sized coupes, hatchbacks, and even micro-vans and trucks are so cute and weird that U.S. car collectors have taken to snatching them up (under the rules that allow 25-year-old cars to be imported to America regardless of whether they meet our standards). And he’s absolutely right that Americans need smaller and more affordable automotive options. Yet it’s far from clear that what works in Japan will work here — or that the auto execs who stood behind Trump last week as he announced a major downgrading of upcoming fuel economy standards are keen to change course and start selling super-cheap economy cars.
Americans want our cars to do everything. This country’s fleet of Honda CR-Vs and Chevy Silverados have plenty of space for school carpools and grocery runs around town, and they’re powerful and safe enough for road-tripping hundreds of miles down the highway. It’s a theme that’s come up repeatedly in our coverage of electric vehicles. EVs are better for cities and suburbs than internal combustion vehicles, full stop. But they may never match the lightning-fast road trip pit stop people have come to expect from their gasoline-powered vehicles, which means they don’t fit cleanly into many Americans’ built-in idea of what a car should be.
This has long been a problem for selling Americans on microcars. We’ve had them before: As recently as a dozen years ago, extra-small autos like the Smart ForTwo and Scion iQ were available here. Those tiny cars made tons of sense in the United States’ truly dense urban areas; I’ve seen them strategically parked in the spaces between homes in San Francisco that are too short for any other car. They made less sense in the more wide-open spaces and sprawling suburbs that make up this country. The majority of Americans who don’t struggle with street parking and saw that they could get much bigger cars for not that much more money weren’t that interested in owning a car that’s only good for local driving.
The same dynamic exists with the idea of bringing kei cars for America. They’re not made to go faster than 40 or 45 miles per hour, and their diminutive size leaves little room for the kind of safety features needed to make them highway-legal here. (Can you imagine driving that tiny car down a freeway filled with 18-wheelers?) Even reaching street legal status is a struggle. While reporting earlier this year on the rise of kei car enthusiasts, The New York Times noted that while some states have moved to legalize mini-cars, it is effectively illegal to register them in New York. (They interviewed someone whose service was to register the cars in Montana for customers who lived elsewhere.)
If the automakers did follow Trump’s directive and stage a tiny car revival, it would be a welcome change for budget-focused Americans. Just a handful of new cars can be had for less than $25,000 in the U.S. today, and drivers are finally beginning to turn against the exorbitant prices of new vehicles and the endless car loans required to finance them. Individuals and communities have turned increasingly to affordable local transportation options like golf carts and e-bikes for simply getting around. Tiny cars could occupy a space between those vehicles and the full-size car market. Kei trucks, which take the pickup back to its utilitarian roots, would be a wonderful option for small businesses that just need bare-bones hauling capacity.
Besides convincing size-obsessed Americans that small is cool, there is a second problem with bringing kei cars to the U.S., which is figuring out how to make little vehicles fit into the American car world. Following Trump’s declaration that America should get Tokyo-style tiny cars ASAP, Transportation Secretary Sean Duffy said “we have cleared the deck” of regulations that would prevent Toyota or anyone else from selling tiny cars here. Yet shortly thereafter, the Department of Transportation clarified that, “As with all vehicles, manufacturers must certify that they meet U.S. Federal Motor Vehicle Safety Standards, including for crashworthiness and passenger protection.”
In other words, Ford and GM can’t just start cranking out microcars that don’t include all the airbags and other protections necessary to meet American crash test and rollover standards (not without a wholesale change to our laws, anyway). As a result, U.S. tiny cars couldn’t be as tiny as Japanese ones. Nor would they be as cheap, which is a crucial issue. Americans might spend $10,000 on a city-only car, but probably wouldn’t spend $20,000 — not when they could just get a plain old Toyota Corolla or a used SUV for that much.
It won’t be easy to convince the car companies to go down this road, either. They moved so aggressively toward crossovers and trucks over the past few decades because Americans would pay a premium for those vehicles, making them far more profitable than economy cars. The margins on each kei car would be much smaller, and since the stateside market for them might be relatively small, this isn’t an alluring business proposition for the automakers. It would be one thing if they could just bring the small cars they’re selling elsewhere and market them in the United States without spending huge sums to redesign them for America. But under current laws, they can’t.
Not to mention the whiplash effect: The Trump administration’s attacks on EVs left the carmakers struggling to rearrange their plans. Ford and Chevy probably aren’t keen to start the years-long process of designing tiny cars to please a president who’ll soon be distracted by something else.
Trump’s Tokyo fantasy is based in a certain reality: Our cars are too big and too expensive. But while kei cars would be fantastic for driving around Boston, D.C., or San Francisco, the rides that America really needs are the reasonably sized vehicles we used to have — the hatchbacks, small trucks, and other vehicles that used to be common on our roads before the Ford F-150 and Toyota RAV4 ate the American car market. A kei truck might be too minimalist for mainstream U.S. drivers, but how about a hybrid revival of the El Camino, or a truck like the upcoming Slate EV whose dimensions reflect what a compact truck used to be? Now that I could see.
Current conditions: In the Pacific Northwest, parts of the Olympics and Cascades are set for two feet of rain over the next two weeks • Australian firefighters are battling blazes in Victoria, New South Wales, and Tasmania • Temperatures plunged below freezing in New York City.
The U.S. military is taking on a new role in the Trump administration’s investment strategy, with the Pentagon setting off a wave of quasi-nationalization deals that have seen the Department of Defense taking equity stakes in critical mineral projects. Now the military’s in-house lender, the Office of Strategic Capital, is making nuclear power a “strategic technology.” That’s according to the latest draft, published Sunday, of the National Defense Authorization Act making its way through Congress. The bill also gives the lender new authorities to charge and collect fees, hire specialized help, and insulate its loan agreements from legal challenges. The newly beefed up office could give the Trump administration a new tool for adding to its growing list of investments, as I previously wrote here.

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