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The Owyhee River watershed is among the country’s largest areas of pristine wilderness. It’s also prime for green development.

On a stormy May evening in 1882, approximately 10 gigawatts of electricity split from the sky above southeastern Oregon and struck a cattleman named Hiram Leslie as he approached his camp on the Owyhee River.
Leslie’s horse died instantly; Leslie did not. Legend has it the pioneer survived for six days after the lightning strike — his brain pulsing and visible through his cleaved-open skull — only to finally expire in his bed back in the boomtown of Silver City, Idaho. Dugout Gulch, an 8-mile canyon near the ranchers’ camp that contains some of the most jaw-dropping scenery in all of Oregon state, was renamed in Leslie’s honor. One can’t help but wonder, though, whether the decision to rechristen also came from some nervous sense of deference to the land.
Today, Silver City is a ghost town, and Leslie’s grisly demise is relegated to a single sentence on a Bureau of Land Management sign lining the way down to a boat ramp that passing F-150s don’t bother braking to read. But the tremendous power and possibility of the Owyhee watershed has never been less in dispute — or, perhaps, more in jeopardy.
The Owyhee (pronounced “oh-why-hee,” an old spelling of “Hawaii” in honor of more doomed explorers) is a 7 million-acre ecoregion that runs through Oregon’s southeasternmost county, Malheur, though it spreads as far east as Idaho and as far south as Nevada. On Google Maps, it looks like a big blank space; the core of the Canyonlands is crossed by just three paved roads. In fact, it’s the largest undeveloped region left in the Lower 48. On a resource management map, the area reveals itself to be a complicated patchwork of BLM, tribal, state, Forest Service, and privately owned lands, as well as a smattering of quasi-protected “Wilderness Study Areas” and “Land with Wilderness Characteristics” that exist at the whims of Congress. The region contains many of the materials and geographic features necessary for the clean energy transition, making one of the most pristine regions in the state also potentially one of its most productive.
But it can’t be both.
In person, it’s easy to see why the area has excited developers. Towering river canyons inspire dreams of pumped storage hydropower. There has been talk of constructing a second geothermal plant in the area, and uranium mining has intermittently returned to the conversation. Gold and silver claims stud the hillsides, a testament to the presence of metals that, amongst other things, are used for making electric vehicle circuit boards and solar panels. Draw a line through the region’s gentler northern sagelands and you’ve plotted the proposed, much-needed Boardman-to-Hemingway transmission route to bring hydropower from Washington state to Boise, one of the fastest-growing cities in the nation. And just outside the Owyhee watershed, to the west, is the upper edge of the McDermitt Caldera, a shockingly remote volcanic depression where there is said to be enough concentrated lithium to build 40 million electric vehicles.
Even Leslie Gulch, with its weekend crowds from Boise and recent Instagram Reels virality, is “quietly open to mining,” Ryan Houston, the Bend-based executive director of the Oregon Natural Desert Association, told me when I met him in the Canyonlands last month.

Amid all this frenzy, Oregon Senators Ron Wyden and Jeff Merkley, local Shoshone-Paiute tribal leaders, and a large coalition of regional and national conservation groups are working to close off 1.1 million acres of the most ecologically important land to the development nipping at its edges. Their hope is that Congress will designate four “units” in Malheur County, including the upper and lower Owyhee, as a single federally protected wilderness area — a pipe dream, given the partisan dysfunction of the current House of Representatives. The more realistic alternative is for President Biden to swoop in with the Antiquities Act and make it a new national monument.
Such an action would be in keeping with Biden’s 30x30 executive order to conserve 30% of U.S. land and water by 2030. It could also be perceived as clipping the wings of the kinds of clean energy projects his administration has proudly touted and funded.
Potential land-use conflicts like these are part of why conservation goals and the current green building movement are often portrayed as incompatible, or at least in tension. But “conservation and clean energy build-out aren’t necessarily opposing forces,” Veronica Ung-Kono, an attorney and clean energy transmission policy specialist at the National Wilderness Federation, told me. “They’re just forces that have to figure out how to interact with each other in a way that makes sense.”
No one is more aware of this than the campaigners I spoke with in Oregon. “For us as an organization, something we’re pushing ourselves on is, ‘How do we say yes to where solar and wind should be?’ Rather than just, ‘No, not there, not there, not there,’” Houston, the organizer at ONDA, which is helping to manage the monument campaign, said by way of example. Later, he told me that by setting aside 1.1 million acres for an Owyhee Monument, the conservationists essentially say that the remaining 75% of the local BLM district is open for all other possible uses.
“We’re not closing off vast swaths of the high desert to renewable energy,” he said. “What we’re doing is protecting the best of the best, so we can focus on other types of development — like renewable energy or off-road-vehicle play areas — in places where it’s most appropriate.”
To better understand the land-use issues in Malheur County, I traveled to Boise last month to attend what’s called a lek, when sage grouse gather to perform their mating rituals. The visit was organized by the NWF, which is supporting the monument push with ONDA. On the appointed day, I left my airport hotel at 3:30 a.m., crossed the state line on a two-lane highway during what I later learned was the height of mule deer migration season, and followed a poorly marked gravel road literally off the map on my phone (which, for good measure, had no reception).
It was so dark in the Owyhee that I felt more like I was rattling across the bottom of the ocean than an actual terrestrial landscape. I repeatedly mistook the full moon for oncoming headlights whenever it briefly appeared from behind the hills, and at random intervals, my car would drop into shallow streams I didn’t see coming until I was already in them. As I approached Succor Creek Campground, the designated meeting spot, I became aware that I was being hemmed in by canyon walls — perceptible only as a blackness even blacker than that of the night sky. When I finally spotted the headlamp of Aaron Kindle, NWF’s director of sporting advocacy, my overriding sense of the Owyhee Canyonlands was that they were bumpy.
Needless to say, I had absolutely no idea at the time that I had driven directly beneath what might one day become the Boardman-to-Hemingway transmission line.
The B2H, as it’s known, would be a nearly 300-mile, 500-kilovolt interstate line to send hydroelectric power generated in Washington State down to Boise. The project has become a textbook example of the permitting woes facing transmission projects in America, however. “By the time we build this, B2H is not only going to be old enough to vote, it’s going to be old enough to go to a bar and have a drink,” Adam Richins, the senior vice president and chief operating officer of Idaho Power, the electric utility that serves southern Idaho and eastern Oregon, told me.
Richins likes to joke, but the B2H’s halting progress makes him weary. More than 18 years of environmental reviews, permitting revisions, archeological and cultural studies, siting headaches, and landowner protests have plagued the planning and implementation of the transmission line, which Idaho Power owns jointly with another northwest utility, PacifiCorp. (Set to break ground this fall, B2H recently stalled again due to a scandal involving an affiliated consulting firm’s work on an unrelated project.) Originally conceived as a way to help Idaho Power meet its clean-energy goals during the summer and winter peaks that follow the region’s agricultural calendar, “I will say now that if we don’t get some of these transmission lines permitted on time, it’s possible we’re going to have to look at other resources such as natural gas,” Richins said.
Though some early plans for the B2H would have seen it cut straight through the boundaries of a future Owyhee monument, the current proposal keeps the transmission path safely outside the existing Wilderness Study Areas that surround Lake Owyhee, the reservoir at the center of what could become the “Lower Owyhee Unit.” (Somewhat confusingly, the Owyhee River flows north into the Snake River, meaning its “upper” watershed is actually to the south.)
That’s not a coincidence. The monument proposal almost entirely consists of parcels pre-designated as Lands with Wilderness Characteristics and Wilderness Study Areas, both of which are managed by the BLM and exist in a kind of limbo until Congress decides what to do with them. “If you’re a developer of solar, wind, pump storage, whatever, you’re not going to put your project in an area that’s in a quasi-protected status because that makes it extremely hard to develop,” Houston said. In other words, it’s not that the monument boundaries were drawn to avoid projects like the B2H; they were drawn to “protect the most important areas, and the most important areas have been in this quasi-slash-temporary protected status for a long time.”
Still, the transmission lines wouldn’t be entirely out of sight. The planned B2H route crosses close to the scenic northern mouth of the Owyhee Canyon before it makes its southeast turn toward Succor Creek and the Idaho border, where I’d driven across its path. More to the point, any future monument designation would mean that if permitting reform actually happens and America begins a transmission-building boom, power lines connecting the various substations of the Northwest would have to go around it, requiring diversions of 50 miles or more. Richins told me that as far as Idaho Power goes, though, “I haven’t seen anything [in the monument proposal] that has made me overly concerned.”
So far, Biden’s team hasn’t given any indication of its thinking about an Owyhee Monument, even as it has picked up the pace on conservation efforts elsewhere. Eight other national monument campaigns are also competing for attention from a friendly administration that is by no means guaranteed to remain in office next year; these include efforts to conserve California’s Chuckwalla, which would create a contiguous wildlife corridor between Joshua Tree National Park and the Kofa National Wildlife Refuge, and Colorado’s Dolores Canyons, which have both ecological and Indigenous cultural importance. “We have shared with [the administration] our binder of support and all of our petition signatures — we’ve got like 50,000 petition signatures, and hundreds and hundreds of letters — and they have said, ‘Thank you, the Owyhee is on our radar, we’ve known about it for a long time, we are tracking it, we are following it,’” said Houston.
There were rumors in the conservation community before Biden expanded two California monuments just a couple of weeks ago, meaning Owyhee organizers might get a tip-off if or when the administration makes up its mind. But November draws closer every day, and the grapevine has stayed silent. Still, after previously thwarted attempts to protect the Owyhee in 2016, 2019, and 2022, organizers think they’ve negotiated a workable compromise: The monument proposal as it currently stands is less than half the size of an earlier, more contiguous 2.5-million-acre proposal Houston and other conservationists preferred. But it also means that much more land is available for green development.
Even some of the more controversial renewable energy projects in the area have been able to move forward. On the lone stretch of shoreline on Lake Owyhee that doesn’t fall within the monument proposal, Utah-based developers are exploring the construction of a pumped storage hydropower facility. Proponents say the technology is a solution for the intermittency concerns of solar and wind since the facilities pump water from a lower reservoir to a higher one during off-peak hours, then release the water to spin turbines and generate electricity during times of high demand — effectively, a kind of massive hydroelectric battery.
Pumped storage projects require very particular geographic conditions, namely steep slopes of 1,000 feet or more, to give the water enough gravitational potential energy to work. “You have to choose your sites carefully — there are bad places to propose doing pumped storage and there are great places,” Matthew Shapiro, the CEO of rPlus Hydro, the company behind the exploration project, told me.
Lake Owyhee, with its high plateaus, is one of 11 promising sites across the country rPlus Hydro has picked out. “We were looking at a site with about 1,600 feet of vertical drop and a very large existing lower reservoir, meaning we would only have to build an upper,” Shapiro said. The proximity to the existing Midpoint-Hemingway-Summer Line and the future Boardman-Hemingway line is also appealing since it would mean rPlus Hydro would only have to build a short transmission line from the site.
There are environmental concerns about pumped storage, including its possible effect on trout below the Owyhee Dam (which, despite being a Hoover Dam prototype when it was built in 1932, does not produce hydroelectricity but instead stores water for the local irrigation district). While there might be petitions, protests, and siting issues yet, rPlus Hydro’s pumped storage project will “do whatever it does entirely independent” of the Owyhee monument protection efforts, Houston said.
Other strange alliances abound. The local ranching community, for one, is largely on board with the congressional proposal to protect Owyhee — a minor miracle given that this corner of Oregon is also home to the wildlife refuge that was infamously occupied for 41 days by the Bundy brothers in 2016. Both that and the current monument proposal intentionally exclude any lands that would have overflowed into the more combative neighboring jurisdiction, where conservation efforts might have ignited a national-headline-making backlash.
“We don’t want the ranchers to be so pissed off that the first thing they do is go to the Trump administration” to appeal for a reversal, Houston said. The Owyhee monument is designed, in other words, to fly under the radar, lest it become another political tennis ball ricocheting between presidents like Bears Ears.
It’s designed to fly under the radar when it comes to clean energy projects, too. Houston and others were adamant that they don’t oppose the projects encircling the core conservation area — climate change, after all, is one of the biggest threats to the Owyhee, which is one of the fastest warming places in the entire county. Still, it was clear in conversations that the proposals are also spurring some of their urgency. “It’s about protecting what you have left,” is how Kindle, the NWF advocate I met at the Succor Creek Campground, put it to me.
More to the point, Houston told me that the lithium mining abutting what would become the Owyhee Monument’s westernmost unit, Oregon Canyon Mountains, is “a reminder of what can happen” if conservationists don’t act fast enough.
“You can see he is missing like four tail feathers. That one must be a fighter — and got his ass kicked.” Skyler Vold, an Oregon Department of Fish and Wildlife employee with the delightful title of “sage-grouse conservation coordinator,” stepped aside from the scope so I could check out the avian incarnation of Rocky Balboa.
The light was finally coming up over the Owyhee, but it was still so cold that my toes were starting to numb in my boots. That wasn’t what had my attention, though: At one point, Vold counted nearly two dozen sage grouse, all thumping away in the low point between two hills where they’d gathered for the lek. Kindle also spotted a lone elk on a faraway hillside, and we later heard the call of a sandhill crane, but the funny little birds with their spiky agave-leaf tails had us all enraptured.
No single creature better encapsulates the land-use fights in the West than the sage grouse. In 2018, the Trump administration stripped the birds of protections in order to open 9 million acres of the McDermitt Caldera to drilling and mining — mainly for lithium. While the Biden administration is considering new protections for sage grouse, of which there are only about 800,000 left and for whom the caldera is prime habitat, it has also dumped money into building up a domestic lithium supply chain. Sourcing lithium at home, however, will likely require access to McDermitt’s deposits.
Much of the caldera is located in Nevada, but the top rim bumps up into Oregon. It’s in this northernmost crescent that the Australian company Jindalee is considering opening its lithium mine. While the team told me it is still many years (and many environmental reviews) away from actually breaking ground, Jindalee’s executives also stressed that they see themselves as a critical player in America’s clean energy future if or when they do so.
“There’s a huge elephant in the room, which is: Where’s this lithium supply going to come from?” Ian Rodger, the Jindalee Lithium CEO, told me. The answer so far has been mainly from China, where lithium is “processed under really different social and environmental standards,” he said. “Our aspiration for the [Oregon] project is to develop it in the most responsible way.”
Simon Jowitt, an economic geologist at the University of Nevada, Reno, told me Rodger’s argument has a lot of merit. Social and environmental conditions are indeed “a lot better here than they would be in other countries,” he said, meaning that if we don’t extract the metals and minerals we’re going to use anyway locally, “then what we’re doing is we’re shipping problems away elsewhere.” There is ongoing discussion and division in the local Paiute and Shoshone Tribe about the economic and environmental pros and cons of mining near their community, as well.
The fact remains, however, that “as a human race, we need these metals and minerals if we want to do something meaningful about climate change mitigation,” Jowitt added. That requires stomaching a potentially sizeable physical footprint, especially in the case of lithium mining.
“If we are all going to go to electric vehicles by 2050,” Jowitt said, then that’s great — but policymakers and the public also “need to realize that there’s a mineral cost of this.”
Conservationists are quick to point out that mining laws in the U.S. — which have barely changed since Hiriam Leslie’s time — are stacked so in favor of the claimants that there is often no chance to get a word in edgewise. “Mining sure as heck trumps a funny chicken that goes ‘womp womp,’” is how Houston put it — a fair description of the sage grouse mating ritual. In the strange game of land-use rock-paper-scissors, mining also trumps cattle, which is why some local ranchers have approached the Protect the Owyhee organizers to unite against the miners. (There are slight differences in protections depending on whether the Owyhee is made a wilderness area by Congress or a monument by Biden; the latter option can’t be as prescriptive about flexible grazing operations for ranchers, which is why, on the whole, the ranching community strongly prefers a legislative route.)
Most of the would-be monument is outside the McDermitt Caldera, but the fear isn’t so much that any one transmission project or hydro facility or lithium mine would “ruin” the Owyhee. “Everyone says, ‘Well, why do you have to protect it? Is there a threat?’” Houston said. “There are potential threats; people have been talking about different things like interstate highways or transmission or new mines. If we wait until those threats are real, then we’ve got a conflict, and then everyone’s going to say, ‘Well, why didn’t you protect it before?’”
Ironically, some fear that a formal monument designation will draw attention from the crowds that are loving to death other popular parks across the West. Standing in Leslie Gulch, where the red blades of rhyolite rock strongly resemble plates on the back of an enormous Stegosaurus, I sympathized with the impulse to gatekeep the landscape; driving from one remarkable site to the next, we’d barely seen another car all day. That’s changing regardless of whether the Owyhee is signposted as a destination in name or not: Chris Geroro, a local fly fisher who’s been guiding on the Owyhee River for 16 years, said he’s gone from “being the only person on the river to being one of the people on the river.”
The landscape certainly leaves an impression. “You go over this hill and then all of a sudden, boom! You’re in this amazing canyon,” he told me, describing the reaction of his out-of-town clients when they visit. “I just watch their jaws drop and the surprise of ‘Where did this come from? This is an hour outside of Boise?’” Those people then go home and post pictures, and more people understandably want to visit. A monument could help address the currently mostly unmanaged recreation.
But if Biden declines to move forward on protecting the Owyhee and an indifferent or actively hostile administration takes office in January, then the Oregon Natural Desert Association will have to switch strategies. Houston told me his team is already considering alternative approaches like pursuing a wilderness designation through the legislative branch. If, in a worst-case scenario, Trump decides to go after the land in the Owyhee, ONDA is prepared to go to court.
As we were leaving Leslie Gulch, Houston told me that he studied to be an evolutionary biologist. “What evolutionary biology is all about is understanding how species evolve based on what they have at that moment. They go forward with what they’ve got,” he said. “That’s what we’re doing in conservation — we’re going forward with what we’ve got.”
When it finally came time for me to return to Boise, I retraced the route I’d taken that morning into Succor Creek. The light was fading, but there was still enough for me to make out the hoodoo rock towers and the rolling sagebrush hills that I’d missed in the dark on my way into the canyon. To my surprise, enormous high-tension transmission towers also came into view; I’d driven beneath them hours before without even realizing it. Now, the silver power lines — future companions of the B2H — looked gossamer in the setting sun.
I parked to take a photo, and when I got out of the car, I felt a staticky tingle, like how a storm might excite the hairs on your arm. It was probably just a Placebo effect of standing under transmission lines and having spent the day thinking about electricity. But at that moment, I would have believed it was the passing ghost of an old cattleman glaring in my direction or perhaps the presence of something yet to come, something buzzing with potential, slung over my head.
I returned to my car and continued on to the highway. Soon, houses and small towns started to reappear, and I followed their lights through the dark back to Boise.
Editor’s note: This story has been updated to clarify which version of the proposed federal protections for Owyhee the local ranching community approves.
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The global vehicle market is splitting into two — with just a few exception.
The past three months have been crucial for Rivian, America’s biggest all-electric car company not run by Elon Musk.
The California-based automaker debuted the R2, its long-awaited and somewhat more affordable sport utility vehicle. (Our reviewer gave it high marks.) Rivian also formally took out a nearly $6.6 billion loan from the Department of Energy to finance its new Georgia factory. And it finally unveiled the plans for that facility, which will include a rail tie-in and a 1,000-acre preserved woodland.
All that was well and good, but the crucial question remained: How is the R2 selling? And the answer is: Pretty well, seemingly! Rivian delivered 19,248 vehicles last quarter, beating analyst expectations and setting a new all-time quarterly sales record. More importantly, its vehicle deliveries have now recovered above where they stood in the third quarter of last year — a key milestone, since President Trump and Congress ended the federal government’s consumer-side EV incentives last September.
Tesla is seemingly also about to clear that threshold, although nobody outside the firm knows for sure. Elon Musk’s company doesn’t break out its sales by continent or model, but it delivered 486,532 vehicles last year — just about 2% below last year’s third quarter results. (Although a few of Rivian’s Amazon delivery vans have made their way into fleets abroad, the company only sells its consumer R1 and R2 vehicles in the United States and Canada, so its sales data is mostly U.S. by default.)
Alas, those two stand alone for now. No other automaker is close to breaking its quarterly EV sales record in the United States, and Ford, General Motors, and Hyundai all saw their domestic EV sales crumble last quarter. The new Chevrolet Bolt, GM’s most affordable EV — and its only American-made vehicle of any kind priced below $30,000 — has sold abysmally, moving just 8,090 units since the year began. The company is now likely to cap its production run at 35,000 units sold; it initially planned to produce 150,000.
Looking at these trends, I think you can see two different phenomena taking place.
The first is a big and growing divergence between America’s transportation sector and the rest of the world’s. The oil supply shock triggered by America’s war in Iran (and the resulting closure of the Strait of Hormuz) may be driving a long-term shift, encouraging consumers and countries to move away from oil. But for now, the crisis’s high prices have hit parts of Europe, Africa, and Asia far worse than they’ve impacted much of North America. Global EV sales reached a record high in the spring, for instance — just not in the United States.
The second is that we’re seeing demand destruction without decarbonization. According to new Nikkei data, gasoline-only cars made up less than half of global new car sales during the six months of 2026.
That’s never happened before, and it is a remarkable change: Gasoline-only cars have lost about a quarter of their global market share in less than five years. But as consumers switched away from gasoline, they didn’t move only to battery-only cars — instead, more than half of them shifted to hybrids or plug-in hybrids. That shift is good news, in that it will depress global oil use and therefore global greenhouse-gas emissions. But it won’t allow for the possibility of zeroing out emissions in the same way that EVs can.
But sometimes demand destruction will cut emissions significantly. If want to see that in the United States, check out the diesel market. As my colleague Alexander Kaufman wrote about this morning, FedEx has responded to eye-watering domestic diesel prices by placing an order for 2,000 electric box trucks with the California-based automaker Harbinger Motors. The shipper believes that the move will save it $800 million in fuel costs over time. When I talked to John Henry Harris, Harbinger’s CEO, last year, he told me the company didn’t need tax credits to sell vehicles — the math justified it on its own. Seems like FedEx agrees.
How the bill would have affected (or not affected) the Keystone XL pipeline, the Lava Ridge wind farm, and other major project proposals.
O ne of the non-negotiables for Senate Democrats in putting together a bipartisan permitting bill was to limit the president’s ability to reverse federal project approvals or otherwise gum up the works for developments they simply dislike. The authors’ goal was to prevent a situation like the one we’re in now, where Trump has revoked permits for wind farms, refused to permit new ones, and tried to stop construction of fully permitted offshore wind projects.
But the language on “project certainty” in the Bipartisan American Affordability and Jobs Act is technology neutral — it would protect fossil fuels as much as clean energy. While Trump has perhaps gone the furthest of any president in using the authorities of the executive branch to enact his preferences, his Democratic predecessors have taken similar steps to stop mines, pipelines, and oil and gas drilling — often in the name of stopping climate change.
“This bill is clearly looking backwards at five to 10 years of case studies in how an executive branch can delay or revoke permits, and it is targeted at those case studies,” Travis Annatoyn, the former deputy solicitor for energy and mineral resources at the Interior Department under Biden, told me.
The bill section in question contains two key provisions. The first would make it illegal for a federal agency to rescind, terminate, or alter a federal authorization or permit, or to prevent the construction or operation of a project that has all of its necessary federal approvals — though there are exceptions for cases involving a court ruling, violation of a permit’s terms, fraud, or new environmental harms or threats to national security.
The second big provision would give companies a course of action if they suspect the federal government is discriminating against certain types of projects or unduly dragging out the permitting process. An applicant can sue the government for displaying a “pattern of disparate treatment,” defined as a “substantial increase” in delays or “improper” denials for a given project type compared to the previous five years. Applicants also have the right to sue if the government takes longer than a year to issue a decision on a permit after all of the applicant’s paperwork is deemed complete.
Environmental nonprofits, particularly those that work on public lands issues, are extremely worried about these provisions, as illustrated by a transcript of several groups discussing the bill on a conference call that was leaked to Punchbowl News last week. “A future administration will not be able to challenge anything that is in fact permitted during the presidency of the Trump administration,” Erik Shlenker-Goodrich of the Western Environmental Law Center said on the call, “which is going to create an incentive for all these data centers and fossil fuel companies to rush through a process, hoard leases, permits and authorizations, and then basically tell a future administration to go fly a kite.”
But constraining the power of the executive branch is tricky. Even if the bill passes as written, and its provisions work as intended, there will probably still be some ways by which a president could throttle permits if they are motivated enough to do so, Annatoyn said.
Case in point: The laws as written haven’t stopped Trump from testing their limits. The main advantage to these provisions would be clearer consequences in the courts, giving affected parties more confidence to file a suit, and compensation if they win. On the other hand, those affected parties would still need to have the resources to sue the government.
It’s helpful to apply BAAJA to past examples of executive energy decisions to see how they would fare under the law. I walked through some case studies with Annatoyn and Ben Schiffman, the former attorney-adviser at the Interior Department’s Office of the Solicitor under Biden, to get a better understanding of what these provisions would do.
First proposed in 2008, the Keystone XL pipeline would have brought Canadian crude oil from the Alberta tar sands into the U.S. Almost immediately it attracted fierce opposition from environmental advocates, indigenous groups, and even Midwestern farmers, who eventually formed a coalition that staged attention-grabbing protests aimed at convincing the federal government not to approve the plans.
In a presidency-defining move, Barack Obama sided with opponents and rejected the project’s permit in 2015, stating that to prevent the worst of climate change, “we're going to have to keep some fossil fuels in the ground.” Trump later reversed that decision, however, approving Keystone in 2019. Then the project got held up in litigation brought by the Northern Plains Resource Council, a Montana environmental group, over one of its Clean Water Act permits.
When Biden took office in 2021, he signed an executive order reversing Trump’s reversal. Leaving the permit in place, he wrote, “would not be consistent with my Administration’s economic and climate imperatives.” A few months later, Keystone XL’s developer, TC Energy, officially canceled the pipeline.
Keystone is unique, however, because it would have crossed an international border, which requires direct presidential approval. Had BAAJA been in effect, Biden still would have been able to revoke the permit, Schiffman told me. “Keystone is a really unusual example,” he said. “The president is not considered an agency under the Administrative Procedure Act, so it’s just not subject to review in the way an action by the Secretary of Interior or other agencies are,” he said.
This bill’s effect is more ambiguous in this example. Trump’s 2017 Tax Cuts and Jobs Act required the Interior Department to hold two oil and gas lease sales on the Arctic National Wildlife Refuge’s coastal plain. Trump held a sale in January 2021, just before he left the White House, issuing nine leases. When Biden took office later that month, he signed an executive order directing his Interior Secretary, Deb Haaland, to conduct a new environmental analysis of the entire leasing program, citing “alleged legal deficiencies underlying the program.”
That June, Haaland concluded that there had been “insufficient analysis under the National Environmental Policy Act, including failure to adequately analyze a reasonable range of alternatives in the environmental impact statement,” and suspended the previously sold leases. Two years later, after completing a new environmental review, she canceled all the remaining leases in the Refuge. Biden’s Bureau of Land Management also later issued a new Record of Decision significantly downsizing the leasing program from 1.6 million acres to the minimum 400,000 required under the law.
When Trump began his second term, he directed his own Interior Secretary, Doug Burgum, to consider reversing the cancellation of the leases and to reinstate the Record of Decision that his first administration had issued in 2020. Ultimately, Burgum did not have to reverse the cancellations because the lessees had sued the government and a federal court sided with them, vacating the terminations in March 2025. (Alaska Native and environmental groups are currently appealing that decision.) Meanwhile, Trump’s Interior Department has issued a new Record of Decision reinstating the leasing program’s original 1.6 million acres.
There’s nothing in BAAJA that would seem to have prevented the Biden administration from conducting a new environmental analysis and issuing a new Record of Decision on the leasing program. It’s less clear whether it would have prohibited Haaland from terminating the leases. The word “lease” is conspicuously absent from the definition of a “federal authorization or permit” in this section of the bill, which would seem to have supported Haaland’s decision. But it’s an open question, Annatoyn told me, because the bill’s definition of federal authorization contains the catch-all phrase “or any other approval or order that is necessary … for the construction or operation at full capacity of a project.”
“I imagine if something like this gets passed, someone will make the argument that it includes leases,” Annatoyn said. It will be a question for the courts.
In 2011, Barack Obama’s Environmental Protection Agency rescinded a key Clean Water Act permit for Spruce No. 1, which would have been the largest mountaintop-removal coal mine in West Virginia. The type of permit, known as Section 404, was for the discharge of dredged material, and it had initially been approved by George Bush’s Army Corps of Engineers in 2007. Under that section of the Clean Water Act, however, the Environmental Protection Agency administrator has broad authority to reject the Corps’ decisions about discharge sites “whenever” he or she determines, after notice and public hearings, that there would be unacceptable adverse environmental effects. The move was extremely controversial, as the EPA’s reversal came four years after the Corps approved the permit.
BAAJA contains an amendment to Section 404 that would seem to prevent exactly this kind of thing from happening again. It establishes a limited window during which the EPA can review and veto a given site for a discharge permit, beginning when the applicant first submits their complete application for the permit, and ending when the Corps approves it. That means a Section 404 veto post-permit would have been off the table.
BAAJA appears tailor-made to prevent what happened here. In December 2024, Biden’s Interior Department issued a Record of Decision to approve the Lava Ridge wind farm in Idaho, set to be one of the largest such developments in the country. When Trump stepped into office in January, he issued an executive order asking his Interior Department to review that decision. Secretary Burgum canceled the permit last August, again citing unspecified “legal deficiencies in the issuance of the approval.”
Schiffman said the Interior Department would not have been able to do this if BAAJA was the law of the land unless it provided evidence that fit one of those exceptions I mentioned earlier, such as a court order, or if Lava Ridge violated its permit.
Annatoyn agreed, but added that this is not a totally foregone conclusion. “The agencies can still inadvertently or deliberately choose to press on the limits of that prohibition — you know, test it or even violate it outright,” he said. At the end of the day, he added, Trump could still do this under BAAJA, and the burden would fall on the project developer to undertake a lengthy, expensive court fight to undo it.
In December 2025, Burgum ordered the five offshore wind farms that were already under construction off the east coast to pause their work. He cited “national security risks identified by the Department of War in recently completed classified reports.”
While the courts quickly rejected those orders, BAAJA may have prevented them in the first place. The bill prohibits agencies from taking any action “to interfere with or prevent the construction or operation” of a project that has all necessary permits. And if the administration had chosen to issue the orders anyway, BAAJA would have at least given the affected companies the right to recover costs attributed to the delay, which in this case was millions of dollars per day. On top of that, the companies would be entitled to payment of 25% to 50% of their project’s total costs up to the time the government intervened.
Another reason BAAJA would have likely prevented Burgum’s December order, Annatoyn said, is that it contains a provision to bar serial attempts of the same action. Burgum had issued stop work orders on two of the five wind farms earlier in the year, both of which were struck down by courts. Under BAAJA, the companies would be entitled to injunctive relief preventing the government from taking the same action again unless it obtained a court order condoning the action from the same judge.
The Trump administration has stopped permitting offshore wind projects altogether, and has kept onshore wind projects in a holding pattern despite a court’s order to resume the permitting process. Under BAAJA, wind companies would have new ammo to challenge this inaction and delay. They might be able to identify a “pattern of disparate treatment” or cite other language in the bill that limits the number of days the government can sit on a permitting decision. At the same time, the discrimination language is a new area of law, Schiffman told me, so there’s some uncertainty as to how it would apply. And again, the burden would be on the company to bring a lawsuit.
Can a kit you buy at the hardware store really save your home from a Palisades Fire-sized blaze?
Nicholai Allen, a Southern California wildland firefighter, opened his Instagram DMs this summer to find a photo of a beautiful A-frame home set against a backdrop of mountains and pine forests. At first glance, it looked almost like an advertisement for a vacation rental. But the amazing thing about the picture was not the cozy mountain scene, but the fact that the house was still standing. “Very thankful this product works,” read the accompanying text. “Saved our house and all our outbuildings. Little Giant Fire.”
Allen is a firefighter — he was on the scene when the Pacific Palisades burned in 2025 — and a wildfire survivor, having evacuated his family from the deadly Woolsey Fire near Malibu in 2018. He’s also the founder of Safe Soss, a home-hardening company advertising a “three-step supplemental wildfire defense system,” which includes a carbon filter ember guard, ember tape, and the company’s marquee product: an ammonium phosphate-based wildfire risk-reduction spray. They’re all sold at Lowe’s, where you can get the whole kit for less than $200.
“In the aftermath [of the Woolsey fire], I kept asking: How come some homes survived, and some didn’t?” Allen recounted to me. “Some get retardant dropped on them, and some don’t. I thought, ‘Why don’t homeowners just do their own fire‑retardant drops so we’re not leaving that to chance?’”
The Little Giant Fire was Washington’s biggest fire of the 2026 season, and hearing from the homeowner who made it through intact “made my whole year, frankly,” Allen told me. But one happy customer doesn’t settle the lively and ongoing debate in the fire safety world about the effectiveness of wildfire mitigation products, which can range from lumber and vegetation treatment sprays to rooftop sprinkler systems and mesh vent covers. Some products — like a Class A metal roof resistant to ordinary combustible material like wood — are widely agreed to be effective, but can cost $10,000 or more. An off-the-counter mesh vent, spray, or treated wood is vastly cheaper — and certainly less overwhelming to install — but also a grayer area in terms of efficacy.
“To me, the concept of treating wood because you think it’s going to be fire-resistant or not ignitable is fooling yourself,” Beth Burnam, the Firewise USA Regional Coordinator for California’s Mono and Inyo counties, told me.
No single certification, organization, or agency vets new home-hardening treatments and systems before they hit the market, even as that market continues to grow; one estimate puts the wildfire home retrofit industry at $4.8 billion by the end of 2033, up from $2.1 billion in 2024. The stakes are high for homeowners, too, who not only put their faith in the hands of such products to protect what’s likely their largest asset, but who might spend $2,000 to $87,000 on a full hardening retrofit, a 2025 study by Earth Economics found.
Burnam’s assessment of the burgeoning home hardening market was blunt. “There’s a lack of knowledge base, and then there’s all the shysters out there trying to sell you the next best, greatest product that will let people pretend to sleep at night,” she said.
At the same time, it’s not the Wild West for home hardening products. The California State Fire Marshal tests wildfire-resistant building products and publishes a handbook of approved materials. The Insurance Institute for Business & Home Safety, a scientific research group that operates a large-scale ember lab for lighting things on fire, has also published a series of white papers on mitigation product categories, including one on flame retardant coatings.
In that report, the IBHS found that sprays and paints could potentially provide “enhanced protection to buildings during a wildfire” — but its researchers also raised concerns about the products’ durability. “It’s really hard to have something that you spray or paint onto a wooden surface maintain its fire-resistant or retardant capacity in a period that’s longer than a year,” Spencer Eusden, the curriculum developer of Living With Fire, a wildfire preparedness and education program based out of the University of Nevada, Reno, explained to me. “There’s so much UV exposure; there’s moisture. Wood contracts and expands as it changes temperature, so it’s hard to maintain a treatment.”
That conclusion is consistent with similar research by the U.S. Forest Service around flame-resistant paints. Laura Hasburgh, a materials research engineer at the Forest Service’s Forest Products Laboratory in Madison, Wisconsin, and one of the authors of that study, told me in an email that while flame-retardant vegetation treatments fell out of the scope of that particular research, she’s skeptical about them, too. “A vegetation spray might temporarily alter fuel moisture or flammability under particular conditions, but its performance could be affected by time since application, rainfall, irrigation, heat, wind, plant growth, uneven coverage, and the intensity of an approaching fire,” she said.
“In general, a product’s marketing claims should not be treated as proof that it can protect a home or stop a wildfire,” Hasburgh added. In general, she encouraged customers to “look for independent test results” and find out whether a company’s claims are “supported by a recognized testing organization or fire-safety authority.”
That doesn’t mean all sprays and foams are worthless, though. Stuart Mitchell, the founder of Wildfire Mitigation Advisors, a Santa Rosa-based home hardening consultancy, told me they have a time and place. “A simple example is: I would say, don’t have a fence connected to your home,” he said. “But if you say, ‘Well, my dad made that fence and gate, and it’s really dear to me,’ I’d say let’s keep it. Let’s go to plan B: Give that fence or gate defensible space, and then coat it in a long-lasting flame retardant coating.” Eusden, the Living With Fire curriculum developer, likewise said vegetation treatments can be useful when done by professionals, though he echoed Hasburgh’s urging that most homeowners are likely to find their time and energy better spent on other treatments such as moving vegetation back from a house.
Safe Soss’ spray, notably, is intended as a temporary treatment rather than a long-term solution. It’s designed to be applied during a red flag warning or when a home is under a pre-evacuation notice, which Allen said means it doesn’t need to last as long as a once-a-decade paint job. (He told me that a single application can last up to three months.) The product was self-certified by its Japanese manufacturer in a standard UL crib test, which is used to test fire extinguishers against a standardized pile of burning sticks (a “crib”) in a lab. But it also means it was only formally lab-tested as a “wetting agent,” i.e. basically a fire extinguisher, rather than as a retardant used to treat wood or vegetation before a fire. It’s a distinction that Allen is conscious of, since he doesn’t want Safe Soss to encourage people to stay behind and use it to fight fires themselves.
Instead, Allen told me he’s field-tested Safe Soss by using it himself on prescribed burns — that is, to help contain controlled intentionally set fires ignited by other fire professionals, sans the chaos of an actual wildfire but under real world conditions in a forest or field, rather than in a lab. The results were enough to give him the confidence to launch the product for commercial sale. “I can pursue more certifications as time goes on,” he told me. “But if I can help people right away, I’m not going to hold it up until I get some arbitrary number.”
Another company, CitroTech, produces what it boasts is the “only long-term fire inhibitor recognized by the EPA Safer Choice program,” a voluntary certification that is focused not on fire resistance but on the use of safe chemicals. While the company also makes an outdoor vegetation treatment spray, its chemicals are primarily designed for treating interior lumber, where concerns about weathering are less of a factor, Aaron Good, the company’s director of sales, told me. (California State Fire Marshal has not certified CitroTech, but the company is working to get it onto the Forest Service’s Qualified Products List.)
CitroTech also installs rooftop sprinklers on homes, which can activate during a wildfire to saturate a roof and surrounding vegetation with, in this case, CitroTech's proprietary fire inhibitor. But many home-hardening experts I spoke with expressed doubt about sprinkler systems more generally, which often rely on water mains and electrical grids that are prone to fail during major disasters. “After you’ve done all your other home hardening and defensible space work that you need to do, if you still have money left over, go ahead and buy a sprinkler system,” Burnam said. “But understand, it probably won’t work.”
Other experts warned that the water or chemical treatment likely won’t go where you need it to, could be blown away by the high winds that often accompany major conflagrations, or cause water damage to the home. Good himself acknowledged that fires can burn for weeks, offering the example of the 2025 Palisades fire, which burned for 28 days. “If you’re trying to protect a home or a property, that means you need access to water and power for the full 28 days throughout.” CitroTech’s chemical applicant uses no water, insulating it from the water failure problems its competitors face in a disaster like Palisades, though it still relies on working electricity.
Burnam told me that one of the fundamental problems with home hardening is a misunderstanding of how homes actually ignite. For too long, she said, experts — and firefighters in particular — have focused on direct flame contact as a source of ignition, such as when a bush or tree alongside an exterior wall of a home catches fire, and it spreads to the house. Direct flame contact makes creating a defensible space important — that is, the all-important buffer zones around your home where vegetation is removed in order to slow the progress of a wildfire. But it’s also why sprays and plant treatments can be so seductive to a concerned homeowner browsing the shelves of their local hardware store: It’s probably how you’d imagine a home catching in a wildfire, but you’d mostly be wrong.
Homes can also ignite from radiant heat, when materials exposed to a nearby fire get so hot they combust. But it’s the third ignition pathway, embers, that causes an estimated 90% of housing loss and damage during wildfires. Embers can travel two miles or more from the main fire front and drift into garages and attics through vents, igniting a house from the inside out. They also tend to accumulate in gutters or at meeting points between materials, such as an angle on a roof or at the edge where a house meets a deck. This is why roof replacements and covered gutters, while extraordinarily costly, are some of the best money you can spend to protect your home.
In fact, when Allen received the DM about the home in the Little Giant Fire, the homeowner didn’t credit the company’s smoke-filtering vent cover or its wood- and vegetation-treatment spray directly. Rather, they sent photos of the company’s “ember tape,” which the homeowner used to keep flammable material out of potential access points as the fire encroached.
Along with vent covers featuring eighth-of-an-inch holes of noncorrosive metal mesh — such as those sold by Wildfire Defense Mesh, which Burnam called “absolutely the gold standard” — it is the nitty-gritties of stopping embers from entering or accumulating on a house that seem to be the best hardware store-derived trick to preventing your house from burning down.
The risk, according to many of the researchers I spoke with, is that off-the-shelf or unvetted products could lull homeowners into a false sense of security. Allen, the Safe Soss founder, said his primary goal is the exact opposite: He wants people to leave their homes as early as possible. “I’ve witnessed loss of life from people staying behind during active evacuation orders because they had a trash pump and a fire hose from their pool,” he told me.
“If you don’t feel like you can evacuate because you haven’t given your home that fighting chance,” he added, “I’m hoping that these tools will provide you enough comfort to leave and save your life.”