You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
“This is what you’d expect from China,” a veteran mining industry lobbyist told Heatmap.

President Donald Trump is chasing a new American mining boom. In the process, he’s making quick bets on projects that haven’t completed routine financial analyses or would be situated in environmentally sensitive areas with significant legal risk — and occasionally both at the same time.
In March, Trump issued an executive order that changed the landscape of American mining for the foreseeable future, commanding agencies to approve permits for individual mines as quickly as possible and requesting government funds go toward domestic mining. The Interior Department has also taken strides to hasten the environmental review process for mining on federal lands, asserting that it will complete comprehensive analyses in less than 30 days, a truncated time-table the likes of which mining industry lobbyists have long sought.
So far in his second term as president, Trump’s administration has claimed to have approved, expedited, or publicly endorsed at least 28 different mines and mineral exploration projects, according to a review of Bureau of Land Management notices and federal permitting databases, with more likely in the offing. Many of these projects may very well produce minerals required for key energy or defense purposes, and some of them are guaranteed to do so. But at least a few have not yet been proven to be economically viable in the way investors typically expect from mining companies.
Conservationists have decried these actions as an unnecessary risk to sensitive landscapes, which could be irrevocably changed without a guarantee of improved energy security. And even some in the mining industry are quietly noting these examples, saying they could represent a paradigm shift in how America treats the mining industry.
“This is what you’d expect from China,” a former veteran mining industry lobbyist told me, requesting anonymity to protect their current business from retribution. “The U.S. prides itself on mines that are good neighbors. The U.S. doesn’t have a perfect record, but those are things that it values.”
“I’m not saying the companies are going to do something wrong here,” the source continued, “but we don’t know that.”
The most headline-grabbing example of this rush to permit came last week, when the Interior Department said it would fast-track the permitting of a large uranium mine in Utah known as Velvet-Wood. The department said it would complete Velvet-Wood’s environmental review within two weeks — a process that has historically taken years.
On first blush, abbreviating the approval process for a mine that will produce energy fuel for nuclear power plants resembles the sort of permitting reform that climate hawks and centrist policy wonks have craved for years. Velvet-Wood’s developer, Anfield Energy, claims the site will also produce vanadium, a strategic mineral used in defense-grade steel.
A deeper examination, however, exposes signs of haste that go beyond all deliberate speed.
Ordinarily, mines take years to develop for reasons wholly unrelated to the federal permitting process. Usually a project requires years of exploration and study to verify that the area where digging will happen holds proven “resources” and then “reserves.” Think of resources vs. reserves as the difference between lukewarm and high levels of confidence that minerals are not only present but also economic to mine and process. It is unusual for any mine to be built without proven resources, let alone reserves, and feasibility studies are the way companies usually communicate that level of proof to investors. These studies have also been a primary mode of conveying a project’s value and design to the government.
Until our present policy moment, the permitting process was so lengthy that it made little sense to pursue it without first giving investors the certainty brought by a feasibility study. Anfield and other companies appear to have found a work-around to demonstrate that certainty, however, at least to the government: Asking to dig in places where mines used to be decades ago.
Anfield has not yet completed a feasibility study for Velvet-Wood, which would include the site of a former underground uranium mine. The most recent study of the project was a 2023 “preliminary economic assessment” that documented some of the old mining infrastructure and otherwise largely referenced historical data about mineralization. The company stated in the report that the study was “too speculative geologically to have economic considerations applied to them,” and that “there is no certainty that the preliminary economic assessment will be realized.”
In Anfield’s own press release announcing the Trump administration’s decision to quickly permit the project, the company states that it “has not done sufficient work to classify these historic estimates” for uranium and vanadium at the site. Anfield did not respond to requests for comment on why the company requested government permits before finishing a feasibility study.
Under the Velvet-Wood deposit’s previous owner, Russian mining company Uranium One, a draft feasibility study did find economically viable uranium. But that study is more than a decade old and was not made public, according to press materials at the time.
In order to become operational, Anfield expected to have to update the decades-old plan of operations for Velvet-Wood, according to the 2023 economic assessment, which also said BLM would need to take into account the impacts of restarting a formerly operational mine, as well as mining in areas that have not previously been mined before. That’s quite a lot of work to complete in only two weeks. While it’s possible that staff at Interior got a head start on their review when Anfield submitted its mine plan last year, they have not confirmed anything to that effect since the department’s announcement about permitting the project.
Aaron Mintzes, senior policy counsel for the mining reform advocacy group Earthworks, told me the practice of approving a mine before feasibility studies have been done carries the risk of painting a misleading portrait to investors about a project’s viability.
“Every mining company does this. All of them. If you’re a publicly traded mining company and you want investors to give your mine money, you must provide a feasibility study. That’s how you know they’re telling the truth,” Mintzes said of this approach. “Investors should be upset about this.”
In an email, BLM press secretary Brian Hires told me that “feasibility studies are not legally required by BLM for mining projects.”
“The BLM continues to ensure appropriate environmental oversight including coordination with other agencies, balancing mineral development rights and responsible public lands management,” Hires stated.
On Velvet-Wood, Hires said the agency acted under “recently established emergency procedures” created under the Trump administration to quickly approve new resource projects. “The expedited review is expected to significantly contribute to meeting urgent energy demands and addressing key threats to national energy security.”
Velvet-Wood is not the first mine Trump’s Interior Department has expedited so early in the approval process.
On April 8, the Trump administration gave Dateline Resources, an Australian company, a green light to build a large mine inside of the Mojave National Preserve. Like Velvet-Wood, the project, known as Colosseum, got this approval without a feasibility study. Colosseum would be a gold mine, according to Dateline’s website, which also states that the project is “prospective” for producing rare earth elements as a byproduct. The company cites previous radiomagnetic reviews by the U.S. Geological Survey and the project’s proximity of roughly 8 kilometers — or about 6 miles — from an operating rare earths mine, Mountain Pass. The company also cites decades-old information about the site from when it used to be an operating gold mine in the 1970s and 1980s.
Are there rare earths at the Colosseum dig site? There may be — but how much and how commercially useful they’d be are normally determined through a feasibility study process.
BLM approved Colosseum without any new environmental review, or at least nothing that was public at the time it made the decision known. Instead, it said in a five-sentence press statement that Dateline could rely entirely on a construction and operations plan from the previous mine, which shut down in the 1990s.
BLM’s press release also referred to Colosseum as a rare earths mine, with no mention of gold.
“For too long, the United States has depended on foreign adversaries like China for rare earth elements for technologies that are vital to our national security,” the release stated. “By recognizing the mine’s continued right to extract and explore rare earth elements, Interior continues to support industries that boost the nation’s economy and protect national security.”
Hires, the BLM press secretary, told me that the agency made this claim to highlight “the project’s potential to produce rare earth elements, which are required for economic and national security.”
On April 21, investors were informed that a “bankable feasibility study” was now “underway.” But that didn’t stop Trump from jumping far ahead of the usual process a few days later, publicly calling the project “America’s second rare earths mine” on Truth Social.
There’s a big reason this area stopped being mined, by the way: According to the National Park Conservation Association, the area is heavily restricted from mineral development under a law Congress passed in the early 1990s, the California Desert Protection Act.
There is a separate law that provides companies the ability to mine in national preserves and parks under very specific and limited conditions, and with the approval of the National Park Service, the association told me. Kelly Shapiro, an attorney representing Dateline, told E&E News in a story published last week that Interior told the company its mine plan of operations was “valid.” Shapiro also told the news outlet that “rare earths have been found at the Colosseum mine site.”
Dateline has now begun work at the mine site and conservation activists are sounding public alarms. The company did not respond to requests for comment.
Asked why BLM gave Colosseum the right to construct a new operating mine, Hires said the project site, which has not been active for decades, “is not a new mine.” He said the facility was granted the “right” to “continue mining operations” under the plan from when the site was active in the 1980s, which the agency said “includes exploration for rare earth minerals.”
Before I came to Heatmap, I spent years writing about the mining industry. One of the stories I’m proudest of was an investigation into the amount of mining needed to build the vastly different energy and transportation systems we’ll need to fully decarbonize. So I can safely say this: We truly will need more minerals like lithium, copper, nickel, graphite and cobalt to decarbonize, and we might need to open more mines to get them, although recycling and technological innovation could easily reduce the tonnage required over time.
The Trump team has a different argument for mining this much. It says our country needs to wean off foreign sources of metals because relying on imports is a weakness in the eyes of hawkish security experts.
For the past decade, U.S. policymakers of both parties have rallied behind the basic notion that the country should stop relying as much on minerals from nations considered to be adversaries by the national defense apparatus, including China and Russia, as well as companies perceived to be substantially controlled by those nations. The idea first gained traction under Trump 1.0, leading to the creation of a list of so-called “critical minerals” that the military and domestically essential businesses rely on but are generally mined or refined in other countries.
Under Joe Biden, the “critical mineral” concept was magnified by multiple signature laws, including the 2021 infrastructure law and the 2022 Inflation Reduction Act, which together established large grant and tax credit programs intended to stimulate a new American mining economy.
Trump has sped up the federal permitting process for some copper, nickel, and lithium mining and exploration projects. These commodities markets are ones in which China genuinely has an outsized influence, per national security experts, through market share and existing business relationships held by Chinese state-owned mining and refining companies.
Some of these U.S. mining projects likely would’ve been permitted no matter the outcome of last year’s election, either because their environmental impacts would be relatively limited or because they’d produce metals crucial for the energy transition that a Democrat-led government would have supported as a trade-off. Take South32’s Hermosa copper mine in Arizona, which the Biden administration fast-tracked and Trump 2.0 has signaled it will approve. A handful of these mines would supply a meaningful amount of defense minerals for which we currently rely on China, such as the Stibnite gold mine in Idaho, which would yield antimony for military-grade ammo as a byproduct.
Then there are special cases like the Resolution copper mine in Arizona, where the government’s hands are essentially tied under federal legal requirements to approve the conveyance of land to a mining company.
Other “transition metal” mining projects fast-tracked or endorsed by Trump 2.0, however, likely would not have been given priority — or even a second look — under a more neutral federal regulator. That’s because they are located in areas that officials under previous administrations fretted would produce outsized pollution risk and potentially run afoul of environmental laws.
Take for example the NewRange copper mine in Minnesota, which the company says would be the state’s only active copper mine if approved and constructed. NewRange is better known in the mining industry as PolyMet, which was its moniker for most of the nearly two decades it has been in the works. NewRange/PolyMet has struggled to get requisite permits, to the point of being referred to by its opponents as a “zombie” project, because it’s situated in an especially porous area of northern Minnesota covered in protected wetlands.
In 2022, the Environmental Protection Agency under Biden said the Army Corps of Engineers should rescind a water permit issued under Trump 1.0 because the project would violate the pollution standards of the Fond du Lac Tribe, which relies on the wet ecosystem to cultivate wild rice for subsistence and cultural practices.
At the beginning of May, the Trump administration added NewRange/PolyMet to a federal “transparency” dashboard that it says will soon have a timetable for approving the project under the same authority it fast-tracked Resolution. Representative Pete Stauber of Minnesota, whose congressional district includes the mining project, reacted in a statement that said the designation shows Trump “understands the vital importance of this project,” and that he looks forward to “seeing NewRange meet and exceed every permitting standard in a timely manner.”
This is an example of mine that, if approved hastily, would probably create new litigation just as fast.
At the risk of repeating myself, it’s not the only example of such a case, and there are more examples where the Trump administration has opened the door to new, legally risky directions on a mine.
Most notable in that pile is the Pebble mine in Alaska, which Trump halted during his first term but may be given what appears to be a last shot at survival under his new government. Decades of battle between a would-be gold mine and the denizens of Bristol Bay have dominated conversations around American mining. Opponents across the political spectrum have tried to stop the project because they fear construction would pollute the bay and its world-class fishing grounds.
The first Trump administration actually opposed Pebble after a private lobbying campaign by Donald Trump, Jr. and other conservative conservation advocates. Under Biden, the EPA issued a rare veto of the project area under a provision of the Clean Water Act. This was a step beyond simply rejecting the permit as it would, in the view of advocates, be a permanent restriction against development.
In February, the Trump 2.0 Justice Department requested a stay on the federal lawsuit filed against the veto by Pebble’s developer, Northern Dynasty Minerals, alongside top political leaders in the state of Alaska, who have argued that the agency overstepped its authority. On Wednesday, Justice Department attorneys filed a status report asking that the stay be extended for at least another month because while officials had been briefed on the subject, they “require additional time to determine how they wish to proceed.”
This indicates the government is still not ready to state its position, and leaves open a door for the Justice Department to flip sides. Northern Dynasty Minerals hopes a flip will happen. “This is an important position in any negotiation between a project proponent and a regulator, and for a process that could, hopefully, remove the veto and re-start the permitting process,” the company’s CEO Ron Thiessen said in a public statement made after the stay extension request.
It may be that even Pebble Mine is a bridge too far for Trump 2.0. But after all these other projects have gotten the skids greased, we must all wait with bated breath for the next shoe — er, pebble — to drop.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Get up to speed on the SPEED Act.
After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.
And more on the week’s biggest fights around renewable energy.
1. Benton County, Washington – The Horse Heaven wind farm in Washington State could become the next Lava Ridge — if the Federal Aviation Administration wants to take up the cause.
2. Dukes County, Massachusetts – The Trump administration signaled this week it will rescind the approvals for the New England 1 offshore wind project.
3. Washtenaw County, Michigan – Michigan attorney general Dana Nessel waded into the fight over an Oracle and OpenAI data center in a rural corner of the state, a major escalation against AI infrastructure development by a prominent Democratic official.
4. Nacogdoches County, Texas – I am eyeing the fight over a solar project in this county for potential chicanery over species and habitat protection.
5. Fulton County, Ohio – In brighter news for the solar industry, Ohio is blessing more of their projects.
A conversation with the co-chair of the House Sustainable Energy and Environment Coalition
This week’s conversation is with Rep. Sean Casten, co-chair of the House Sustainable Energy and Environment Coalition – a group of climate hawkish Democratic lawmakers in the U.S. House of Representatives. Casten and another lawmaker, Rep. Mike Levin, recently released the coalition’s priority permitting reform package known as the Cheap Energy Act, which stands in stark contrast to many of the permitting ideas gaining Republican support in Congress today. I reached out to talk about the state of play on permitting, where renewables projects fit on Democrats’ priority list in bipartisan talks, and whether lawmakers will ever address the major barrier we talk about every week here in The Fight: local control. Our chat wound up immensely informative and this is maybe my favorite Q&A I’ve had the liberty to write so far in this newsletter’s history.
The following conversation was lightly edited for clarity.
Okay, so to start, how does the Cheap Energy Act fit into the bipartisan permitting talks?
There are two separate theories about how Congress is supposed to work, and neither of these theories is universally true but I think they inform two different approaches: do you believe the purpose of Congress is to craft good policy and then put together political consensus to put that policy forward or do you think the purpose of Congress is to find where political compromise exists and then advance the policy that can proceed along that constraint?
Depending on the situation you take Door 1 or you take Door 2.
What Mike Levin and I have tried to do with our Cheap Energy Act is to say, let’s identify the barriers to deploying cheap energy in the United States, let’s try to find the policy that’ll help consumers first and then try to get that policy done. That approach – because of the way our politics is geographically sorted out in our country – implies a wealth transfer from energy producers to energy consumers. And energy producers in this country tend to be dominant in Republican areas. That’s where coal mining is, oil and gas, logging. And energy consumers are where the population is, which skews Democratic. So on a bipartisan basis you really can’t put consumers first because that is detrimental to producers.
I think that’s why you have these two different approaches going on. I guess I have a bias towards our approach but I think we have to be very candid that the other approach does not remove the barriers to cheap energy. It removes the barriers to dirty energy.
To an overwhelming degree, and I’m slightly exaggerating, but there really aren’t permitting barriers to clean energy. There are a lot of permitting barriers to dirty energy. Which is not to say you can’t weaponize the permitting system to stop clean energy from going forward. But if you’re building a solar farm and it has to have a wire that connects it to a load, your environmental footprint is very small.
Now we’ve done some things in our bill to pre-identify corridors where there is minimal species disruptions, minimal disruption of historical artifacts, and say these are corridors where you can build things fast without guessing. Let’s not kid ourselves here: the Antiquities Act exists for a reason, the Endangered Species Act exists for a reason, and the Clean Water Act exists for a reason. But the footprint of those projects environmentally is just much, much smaller than an oil rig and a pipeline and a refinery because all of those things have the potential to leak nasty chemicals that permanently defile the air, land, and water in the vicinity.
The challenge that manifests through permitting is that if I want to lower your cost of energy, that means by definition I am undercutting your current energy provider. For the most part, that provider has undue power over whether or not you get a permit. And they have an incentive to start pamphleting the neighbors around a new transmission line, for example, to say a line is going to lower people’s property values. That’s because it is an economic threat. The reason I know that’s not an issue is you never see utilities struggle to get a new wire.
I previously reported on how the biggest sticking point in bipartisan permitting talks underway today is whether Republicans will go for tying Trump’s hands in his pursuit to stop federal renewable energy permits. Do you think any GOP lawmakers will actually do that?
Ignore whatever politics someone might have. If you’re representing a district that had a ton of wind power, not a lot of load, and you live 200 miles from a major urban center that was paying a lot for electricity, you would probably be very supportive of making it easier to build the wire to access that market and making it easier for the wind turbines to go up.
I have just described the entire Iowa congressional delegation.
Let’s say in the next election, we flip some of those Iowa seats and now what was Republican is now a Democrat, that wouldn’t change the interests of the Iowa delegation. It would just change the party. So there’s reasons why [Iowa Republican] Randy Feenstra and I have led letters on trying to build SOO Green, this high voltage transmission line that would solve exactly the problem I described there. That’s not because he’s a Republican – it’s because it is in the interests of his community.
But then why do we see so few Republicans standing up to the president in his fight specifically against renewable energy, at least in the permitting talks?
We have a huge problem with the White House that they’ve been entirely captured by the interests of energy producers and they have a rooted interest in making the price of energy expensive. The reason why they’re blocking wind permits, and the reason why they’re accelerating oil and gas exports, is because they’re completely captured by people who want the price of oil and gas to be high and they lose money when the price is low.
But that’s a completely separate series of problems.
Within the House, the leadership of the Democratic Party represents concentrated areas that would like the price of energy to be cheap. The leadership of the Republican Party represents oil and gas extractive areas that would like the price of energy to be high. So a rank and file member of the Democratic Party has no particular problem advocating for energy consumers because they’re not crossing leadership. A rank and file member of the Republican Party has no particular problem advocating for the interests of producers because they’re not crossing leadership.
I think where there’s a slight distinction is you can identify any number of Democrats from the oil and gas patch who will regularly vote with the interests of oil and gas producers, and leadership will understand why they are doing that. But it is much harder to identify members of the Republican Party who are advocating for the interests of consumers and get a pass from leadership to do that.
Mmm. So to close the loop on this, how much of a priority is it for Democrats that whatever bipartisan permitting deal is made won’t be used to speed things up for fossil while Trump continues to put the brakes on every little thing a renewable energy permit requires?
Look, I’ve seen nothing out of the House or Senate that wouldn’t do exactly what you just said. Everything would make the price of energy more expensive and make it harder to do reasonable and thoughtful environmental review. In the House and Senate as currently constituted, we are not going to get a good bill that comes through.
I think within the House you have a growing awareness that energy prices are a problem. Certainly the recent elections in New Jersey and Virginia have made that clear. You need to have a strategy to bring energy costs down. That does create an opportunity prior to next November where folks say, can I do something to help my community?
We’ll see when this bill ultimately gets out whether we get much support. I’ll say we’ve privately found Republican support for pieces of it. The way we fix this problem is by doing what the Republican Party used to be known for, which is competition. There’s no reason why we couldn’t incentivize utilities to make money by saving their consumers money. Or incentivize various pieces of the energy industry to better interconnect their markets so you could always choose the lowest cost option because Adam Smith is a god. Those arguments play much better with Republicans in states that have heavily deregulated. There are individual pieces where we’ve found Republican support. And if you think good policy and economics wins, let’s make good policy and economics wins and build support for it.
Last thing – you said there aren’t permitting barriers to clean energy. But in my reporting, I’m constantly covering local communities opposing renewable energy projects, transmission siting, battery storage. It’s a major barrier to development.
What role do you think the federal government and Congress has in dealing with the issue of local control?
It’s an old saw: depending on the issue, I’ll tell you that I’m supportive of states rights.
There are huge chunks of our energy system that should be federalized but aren’t. As an example, it makes no sense that if you want to build a gas pipeline across multiple states in the U.S., you go to FERC and they are the sole permitting authority and they decide whether or not you get a permit. If you go to the same corridor and build an electric transmission line that has less to worry about because there’s no chance of leaks, you have a different permitting body every time you cross a state line. That’s only because of laws going back to the 1930s that gave FERC sole authority on gas but not on the electric side. Our bill would fix that.
We’ve had this legacy of local control that has – not intentionally – had the practical effect of making it much easier for communities to block electric generation and distribution than natural gas distribution. This necessarily means that we have made natural gas producers more politically powerful and electricity consumers less politically powerful. Whether it was an intentional choice or not, it was a choice.
There are ways consistent with energy policy and congressional law where we can rationalize and have more parity across the energy system to make sure we make the right decision every time.
I also think at the end of the day, markets win. West Virginia one hundred years ago was the place to site your energy-intensive manufacturer because they had a ton of hydro and a ton of coal. They’ve tapped out the hydro, the coal is no longer cheap, and the economy is not good anymore. Then shift to Texas which has built more wind and solar than any state in the country and unusually for a red state has been much more pro-competition in how they regulate their energy markets, that has given them more dynamic electricity costs. Those are two different red states and sets of policy choices.