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Economy

Trump Signs Executive Order to Modernize Permitting

On modernizing permitting, IRA funds, and a revolt at BP

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Trump Signs Executive Order to Modernize Permitting
Heatmap Illustration/Getty Images

Current conditions: Central and northeast New Mexico will face “extremely critical fire conditions” over the next two days • Thousands of Iraqis are suffering from respiratory problems caused by a severe sandstorm • Temperatures could hit 120 degrees Fahrenheit in Balochistan, Pakistan, during a heat wave this week.

THE TOP FIVE

1. Trump signs executive order modernizing environmental permits

On Tuesday, President Trump signed a memorandum ordering the “maximum use of technology in environmental review and permitting process for infrastructure projects of all kinds.” The order also directed the Council on Environmental Quality, which oversees the implementation of the National Environmental Policy Act, to put together a process for modernizing technology in environmental reviews. Thomas Hochman, the director of infrastructure policy at the Foundation for American Innovation, a center-right think tank, celebrated the move by the Trump administration, writing on Twitter “it’s high time to eliminate paper-based reviews, modernize permitting technology (which is often as old as the laws themselves), and experiment with different permitting tools.”

In February, Trump also signed an executive order that gutted CEQ’s authority to oversee NEPA, a move Sierra Club’s senior attorney Nathaniel Shoaff called “rash, unlawful, and unwise.” As my colleague Katie Brigham has written, in theory that order would expedite “projects such as solar farms and clean energy manufacturing facilities; in reality, under the Trump administration, the benefits could redound to fossil fuel infrastructure first and foremost.”

2. Judge orders Trump administration to unpause IRA, IIJA money

A federal judge has ordered the Trump administration to immediately lift its freeze on billions of dollars tied to the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. In her ruling, Judge Mary McElroy of the U.S. District Court for the District of Rhode Island, a Trump appointee, called the pause “arbitrary and capricious,” and added that federal agencies such as the White House’s Office of Management and Budget “do not have unlimited authority to further a president’s agenda, nor do they have unfettered power to hamstring in perpetuity statutes passed by Congress during the previous administration.”

The lawsuit was brought by conservation and nonprofit groups that had received grants under the two laws, although McElroy’s order will apply to all frozen IRA and IIJA grants in the country. “Today’s ruling marks a crucial victory for the rule of law and ensures these vital resources will flow to the people and projects Congress intended to support,” Skye Perryman, the president and CEO of Democracy Forward, one of the plaintiffs, said in a statement.

3. BP shareholders threaten to oppose company’s chair, citing about-face on climate

A group of BP shareholders, including UK pension provider National Employment Savings Trust and the financial services company Legal & General, announced they will vote in opposition to the re-election of the company’s chairman, Helge Lund, later this week. The move follows BP’s retreat from its goal of dramatically cutting oil and gas production after the company recorded its highest profits ever.

“While it’s disappointing to see BP rowing back on their climate pledges, what’s particularly worrying is they haven’t gone back to shareholders and given us a chance to vote on such a significant decision,” Diandra Soobiah, NEST’s head of responsible investment, told The Guardian last year. L&G, a 1.8% stakeholder in BP, added that it is “deeply concerned” about the retreat toward oil and gas and away from renewables investment. The decision to oppose Lund is, however, “largely symbolic,” Net Zero Investor writes, noting that the chairman has already announced plans to step down next year. BP’s annual general meeting will be held on Thursday.

4. EPA Administrator Lee Zeldin zeroes in on geoengineering

Environmental Protection Agency Administrator Lee Zeldin announced Tuesday that the EPA is launching a probe into the geoengineering startup Making Sunsets, citing alleged violations of the Clean Air Act. The small South Dakota-based company uses balloons to release sulfur dioxide into the atmosphere in order to reflect the sun and offset warming caused by carbon dioxide; it finances the operation by selling credits for each gram of released SO2. Geoengineering — and Making Sunsets more specifically — remain highly controversial, with many environmental experts calling it a “bad idea.” But Daniele Visioni, a climate scientist specializing in aerosols, wrote on Bluesky that while Making Sunsets’ “stunt was silly … I won’t enjoy seeing them attacked by a government that, at the same time, pretends ‘clean coal’ is a thing while pearl-clutching about ‘polluting our air’ with 10 grams of sulfate.”

5. How Trump’s tariffs could prove ‘ironically disastrous’ for oil and gas

The United States’ exports of petrochemical feedstocks to China are at risk due to the trade war touched off by President Trump — “yet another example of how Trump’s second term could prove ironically disastrous for the oil and gas industry,” my colleague Matthew Zeitlin wrote for Heatmap yesterday. The U.S. exported 83 million barrels of the natural gas product ethane to China in 2024, which the country processes into plastics that are often exported back to the United States. But “U.S. energy flows to China are done unless Beijing and D.C. come to an agreement,” Gregory Brew, an analyst at the Eurasia Group, told Zeitlin. “China is already looking to buy more crude from OPEC states to make up for losing U.S. [imports]” — and natural gas liquids, including ethane, “are sure to follow.”

THE KICKER

ROV SuBastian / Schmidt Ocean Institute

Humans have observed a colossal squid in its natural habitat for the first time ever. Though science has known about Mesonychoteuthis hamiltoni’s existence since discovering arm fragments in the stomach of a sperm whale in 1925, researchers captured the first images of a foot-long juvenile in its home waters nearly 2,000 feet below the surface of the southern Atlantic Ocean.

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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

And more of the week’s top news around project fights.

The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Politics

Climate Races to Watch This November

These seven elections could change state energy policy.

Watching voting.
Heatmap Illustration/Getty Images

No matter how well Democrats do in the House and Senate in November, it’s unlikely to mean anything new on climate policy in Washington, D.C., for as long as Donald Trump remains in the White House.

That is not true when it comes to the other elections this year.

Several states are on the verge of a possible Democratic trifecta, meaning unified control of both chambers of the state legislature and the governor’s mansion. It’s a position that could enable such states to either top off existing climate and energy policies passed in the last decade or to make the first real run at climate legislation in recent history.

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