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The industry is not doubling down on the future of fossil fuels. Far from it.

The oil industry is not telling a credible story about its own future. Far from doubling down on the future of oil — as they’d have us believe — and as climate action advocates fear – the most powerful oil producers are planning for obsolescence, but they’re hoping to do it on their own, lucrative, terms.
The end of more than a century of growth in oil use is almost here, but it’s not straightforward.
One of the world’s leading forecasters of energy trends is now emphatic that the amount of oil, gas, and coal used around the world each day will begin to taper off within a few years. According to the International Energy Agency, global oil consumption, currently just over 100 million barrels per day, will peak later this decade at around 102 milllion barrels per day even without any new climate policy measures. We are at “the beginning of the end of the era of fossil fuels,” IEA chief Fatih Birol wrote in September.
None of this is adequate to stay within safe climate limits, but it’s hard to overstate what it means for the oil industry, which has enjoyed almost uninterrupted growth for its 150-odd-year existence.
Oil producers vigorously pushed back on the IEA’s outlook. OPEC+, the oil producers’ cartel, accused the agency of being “ideologically driven.” Chief executives of Exxon and state-controlled Saudi Aramco insisted that demand will continue to grow for decades to come.
But while the biggest and most successful oil producers rail against the IEA’s forecast, hinting that the agency is some kind of woke climate activist, their own actions tell a different story. Oil producers know that their industry is on the cusp of an inexorable decline, and they are preparing for it.
That might seem counter-intuitive given the spate of merger and acquisition news this fall. Last month Exxon made an $65 billion bid for Pioneer Natural Resources, which owns a swathe of Permian shale, and a couple of weeks later Chevron offered $53 billion for Hess Corporation, which includes a chunk of deepwater oil fields off Guyana. “Fossil fuels aren’t going anywhere,” declared The New York Times after the Exxon-Pioneer announcement. Like many other stories, the Times’ article pointed out that Exxon is choosing to invest in more oil, but not renewable energy. Earlier this year Shell cut its target for renewable energy growth. It looks like another vote in favor of oil’s strong future.
But neither the oil industry’s protestations, nor the big U.S. acquisitions, nor the lack of enthusiasm for green investments by oil majors, tells us that oil’s rise will continue for decades. In fact some of these developments point in the opposite direction.
Let’s start with the acquisitions. They’re certainly big; Exxon is preparing to buy Pioneer for shares equivalent to a sixth of Exxon’s own market capitalization; and Chevron’s Hess acquisition is of similarly huge proportions. Big corporate takeovers, however, do not indicate a growing industry. In boom years anyone can raise capital; when things get tough it’s time for “consolidation” because only companies with scale can survive.
To understand how these deals are conservative bets on the future of oil, look at what in the commodities world is called the "production cost curve” — a way of analyzing the financial logic of anything that’s mined or pumped out of the ground.
The curve shows total oil production capacity, ranked horizontally from the cheapest to the most expensive to extract. (The colored dots represent different International Energy Agency scenarios, with the first more climate-aligned and the last being simply “business as usual,” but they’re not particularly important for our purposes.)
The oil industry consists of a panoply of producers, each owning assets with different geological features, chemical compositions, and financial flexibility that put them on different parts of the curve.
Now, the greater the world’s total oil consumption, the more likely it is that prices will be high enough that those at the highest end of the production cost curve — everyone on the steep incline on the curve’s right — can still make money.
But while prices for oil are currently high, the acquisitions are not counting on them remaining so. Wood Mackenzie noted that Chevron’s Guyana fields would have “highly competitive breakeven costs.” Another energy consultancy, Rystad, pointed out that Exxon-Pioneer would have the lowest breakeven costs of any Permian producer; whereas previously they’d only rank second and fourth, respectively. In other words, Chevron and Exxon are rationally trying to position themselves on the left-hand side of the curve — the safe demand zone — where they hope to outlast competitors whose breakeven costs per barrel are too high to survive a world weaning itself off oil.
So the beginning of the end of oil doesn’t mean game over for Exxon, Chevron, or Saudi Aramco – if they play their cards right. Some oil will be sold for the next couple of decades at least. The trajectory down, however, is unprecedented, and it’s not clear that even the canniest producers won’t get caught out by the speed of transition to electric vehicles, for example.
But what about backing away from green energy? If fossil fuels’ heyday is over, surely everyone should pile into the next big thing?
Not necessarily. Consider where their money comes from. Big oil companies like Exxon and Chevron have plenty of cash, but they have to keep shareholders happy. Those investors are in those companies for various reasons; but one reason some of them actively choose it is for its specific characteristics: long capital-intensive investment cycles and high profits when things go well.
Green energy investments are different. The rates of return can be lower, but risks are also lower, particularly over a longer time horizon.
In fact it’s a conventional tenet of investing that if companies see their entire industry shrinking, they should not necessarily pivot into a new sector that is replacing it. The principles of “shareholder value,” for example, holds that companies should return cash to shareholders if there are no credible investment opportunities, so they can divert that money into new sectors.
That’s exactly what those massive share buyback programs are doing. The world’s biggest oil companies ramped up purchases of their own shares — which returns cash to investors — to the value of more than $135 billion last year, according to investment manager Janus Henderson; Bloomberg estimates it was a more than 10-fold increase on the previous year and many U.S. and European majors are extending or expanding their buybacks this year.
The buybacks, as much as they might be a repellent illustration of windfall profits arising from wars, are being conducted instead of investing in more upstream investment. Of course, this logic doesn't align with the much-repeated idea that “oil companies will have to be involved in the transition,” but neither do the actions of oil companies.
Finally, it pays to question the messenger. It would not be in oil companies’ interests to say out loud that demand is peaking soon, even if they and their investors all know it.
Imagine if Exxon or OPEC+'s secretariat said “yes, oil demand is probably close to peaking; it might plateau for awhile but the era of growth is over.” Money would flow out of the sector. Smaller, more expensive producers would stop investing in finding and producing more oil, which would lead to more volatile price spikes, driving the world to switch to clean energy even faster (JP Morgan says the recent high prices has already provoked “demand destruction” — in part explaining why prices haven’t spiked as much as recent world events might suggest.) Governments and other companies might even step up efforts to cut their dependency on oil. It would become a self-fulfilling prophecy with challenging implications for countries and companies whose existence is based on pumping oil and gas.
OPEC is typically optimistic about oil demand in its own publications. It predicted back in 2006 that oil demand in 2025 would be 113 million barrels per day — a number that’s 10 million above what has ever been reached. (It’s now forecasting that oil demand will reach a similar level — 116 million/day — only 20 years later, in 2045.) But OPEC, and particularly its most powerful member Saudi Arabia, has long been quietly anxious about demand destruction. With the IEA saying recent prices suggest that is already happening now, thanks to the rise of electric vehicles, OPEC has further reason to keep their fretting private.
Oil producers are — again, rationally — planning to extract the last bit of profits from a declining sector, while hoping that energy users everywhere remain dependent upon a volatile, expensive, and polluting – but very profitable – energy source. If newer sovereign producers try to get into the game late (such as Barbados, Senegal, and Mozambique) they might well get caught out by the shrinking oil market. That would leave the cheaper and better-capitalized producers — Gulf countries, or the U.S. majors — to continue selling at a comfortable profit, albeit slightly lower than they’d receive in the pre-peak era.
The oil majors are settling in for a long, comfortable decline.
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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.