Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Energy

The GOP’s Big Permitting Reform Idea Is Mostly Dead

Zapped by the Senate parliamentarian

The Capitol and power lines.
Heatmap Illustration/Getty Images

The Republican effort at permitting reform by way of the reconciliation process appears to have failed — or at least gotten washed out in the “Byrd Bath.”

Democrats on the Senate Budget Committee announced late Thursday night that the chamber’s parliamentarian had advised that several provisions of the new reconciliation bill text violated the “Byrd Rule” and thus were subject to a 60-vote threshold instead of simple majority rule. The parliamentarian has been going over the Senate bill for the past week and her rulings on more sections of the bill are expected this weekend.

The permitting reform plan drawn by the Senate Environment and Public Works Committee essentially allowed project developers to prevent environmental reviews from being subject to litigation if they paid an upfront fee of 125% of the review’s expected cost. A similar provision was included in the House bill.

Rhode Island Democrat Sheldon White House, the ranking member on the Committee, described the permitting language as “turning the National Environmental Policy Act into a pay-to-play scheme” and “a scam ripe for Trump-style corruption.”

Clean energy groups have historically supported efforts to streamline and speed up permitting (and many environmental groups have opposed them), although typically bipartisan ones, like the legislation worked out by the Senate Energy and Natural Resources Committee in the previous Congress, that never gained support in the House of Representatives. Environmental groups have long worried that permitting reform, even bipartisan bills, would benefit the fossil fuel industry by disabling checks against massive oil, coal, and gas projects, whereas the renewable energy industry often sees as an opportunity to more quickly and cheaply advance their own projects.

Payment of the fee would also impose a one year timeline for an environmental impact statement, the most extensive type of review, and a six month timeline for an environmental assessment. The timelines were not ruled out by the parliamentarian, according to the Senate Budget Democrats.

The payment aspect of the plan was crucial to give it a shot at surviving the Byrd Rule, because it meant that the provisions decreased the deficit and thus could be argued to be primarily budgetary in nature (the same way, say, a new tax is).

While the parliamentarian or the Budget Committee didn’t disclose the justification for ruling out the judicial review provisions, Bobby Kogan, a former Budget Committee staffer who works at the liberal Center for American Progress, told me that the provision could have tripped up multiple provisions of the Byrd Rule.

“My guess is that judicial review is presumably outside the jurisdiction of EPW and it’s also probably non-budgetary. If it was budgetary, it’s probably merely incidental — it’s fundamentally about permitting,” Kogan said. “Almost certainly, the judicial thing was killed for merely incidental,” Kogan told me.

A Senate Budget spokesperson did not return a request for comment.

Republicans in the Senate could simply drop the provision or force the whole Senate to take a vote on it — but that vote would be subject to the 60-vote threshold to defeat a filibuster.

While the parliamentarian’s ruling probably means that this attempt at meaningful permitting reform is likely dead, the Trump administration and the Supreme Court have taken several whacks at the National Environmental Policy Act, with the Court recently ruling that agencies can limit themselves to the immediately environmental impact of government actions and instructing lower courts to give more deference to agencies’ reviews.

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Sparks

Meta’s Major AI Energy Buildout

CEO Mark Zuckerberg confirmed the company’s expanding ambitions in a Threads post on Monday.

Electrical outlets and a computer chip
Justin Renteria/Getty Images

Meta is going big to power its ever-expanding artificial intelligence ambitions. It’s not just spending hundreds of millions of dollars luring engineers and executives from other top AI labs (including reportedly hundreds of millions of dollars for one engineer alone), but also investing hundreds of billions of dollars for data centers at the multi-gigawatt scale.

“Meta is on track to be the first lab to bring a 1GW+ supercluster online,” Meta founder and chief executive Mark Zuckerberg wrote on the company’s Threads platform Monday, confirming a recent report by the semiconductor and artificial intelligence research service Semianalysis that

That first gigawatt-level project, Semianalysis wrote, will be a data center in New Albany, Ohio, called Prometheus, due to be online in 2026, Ashley Settle, a Meta spokesperson, confirmed to me. Ohio — and New Albany specifically — is the home of several large data center projects, including an existing Meta facility.

Keep reading...Show less
Sustainability

Window Heat Pumps Could Change the Game

A new report from the American Council for an Energy-Efficient Economy has some exciting data for anyone attempting to retrofit a multifamily building.

A Midea heat pump.
Heatmap Illustration/Midea, Getty Images

By now there’s plenty of evidence showing why heat pumps are such a promising solution for getting buildings off fossil fuels. But most of that research has focused on single-family homes. Larger apartment buildings with steam or hot water heating systems — i.e. most of the apartment buildings in the Northeast — are more difficult and expensive to retrofit.

A new report from the nonprofit American Council for an Energy-Efficient Economy, however, assesses a handful of new technologies designed to make that transition easier and finds they have the potential to significantly lower the cost of decarbonizing large buildings.

Keep reading...Show less
Yellow
Climate

AM Briefing: Noem Defends FEMA’s Response to Texas Floods

On FEMA’s response in Texas, climate diplomacy, and the Grand Canyon fire

Noem Defends FEMA’s Response to Texas Floods
Heatmap Illustration/Getty Images

Current conditions: Two people are missing after torrential rains in CataloniaThe daily high will be over 115 degrees Fahrenheit every day this week in Baghdad, IraqThe search for victims of the Texas floods is paused due to a new round of rains and flooding in the Hill Country.

THE TOP FIVE

1. Trump admin pushes back on reports of FEMA’s slow response to Texas floods

Homeland Security Secretary Kristi Noem defended the Federal Emergency Management Agency after The New York Times reported it failed to answer nearly two-thirds of the calls placed to its disaster assistance line by victims of the Central Texas floods. Speaking on NBC’s Meet the Press on Sunday, Noem repudiated reports by the Times and Reuters that her requirement that she personally approve expenses over $100,000, as well as the deployment of other critical resources, created bottlenecks during the crucial hours after the floodwaters receded. “Those claims are absolutely false,” she said.

Keep reading...Show less
Yellow