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As climate writers, my colleagues and I spend a lot of time telling readers that places are hot. The Arabian Peninsula? It’s hot. The Atlantic Ocean? It’s hot. The southern U.S. and northern Mexico? Hot and getting hotter.
But here’s a little secret: “Hot” doesn’t really mean … anything. The word is, of course, of critical importance when it comes to communicating that global temperatures are the highest they’ve been in 125,000 years because of greenhouse gases in the atmosphere, or for public health officials to anticipate and prevent deaths when the environment reaches the point where human bodies start malfunctioning. But when you hear it’s “100 degrees out,” what does that really tell you?
Beyond that you’re a fellow member of the Fahrenheit cult, the answer is: not a lot. Humans can “probably avoid overheating” in temperatures of 115 degrees — but only if they’re in a dry room with 10 percent relative humidity, wearing “minimal” clothing, and not moving, The New York Times reports. On the other hand, you have a high chance of life-threatening heat stroke when it’s a mere 90 degrees out … if the humidity is at 95%. Then there are all the variables in between: if there’s a breeze, if you’re pregnant, if you’re standing in the shade or the sun, if you’re a child, if you’re running a 10K or if you’re napping on your couch in front of a swamp cooler.
In order to better specify how hot “hot” is, a number of different equations and techniques have been developed around the world. In general, this math takes into account two main variables: temperature (the one we all use, also known as “dry bulb” or “ambient air temperature,” which is typically measured five feet above the ground in the shade) and relative humidity (the percentage of air saturated with water vapor, also known as the ugly cousin of the trendier dew point; notably Canada’s heat index equivalent, the Humidex, is calculated from the dew point rather than the relative humidity).
In events like the already deadly heat dome over the southern United States and northern Mexico this week, you typically hear oohing and ahhing about the “heat index,” which is sometimes also called the “apparent temperature,” “feels like temperature,” “humiture,” or, in AccuWeather-speak, the “RealFeel® temperature.”
But what does that mean and how is it calculated?
The heat index roughly approximates how hot it “actually feels.”
This is different than the given temperature on the thermometer because the amount of humidity in the air affects how efficiently sweat evaporates from our skin and in turn keeps us cool. The more humidity there is, the less efficiently our bodies can cool themselves, and the hotter we feel; in contrast, when the air is dry, it’s easier for our bodies to keep cool. Regrettably, this indeed means that insufferable Arizonans who say “it’s a dry heat!” have a point.
The heat index, then, tells you an estimate of the temperature it would have to be for your body to be similarly stressed in “normal” humidity conditions of around 20%. In New Orleans this week, for example, the temperature on the thermometer isn’t expected to be above 100°F, but because the humidity is so high, the heat toll on the body will be as if it were actually 115°F out in normal humidity.
Importantly, the heat index number is calculated as if you were standing in the shade. If you’re exposed to the sun at all, the “feels like” is, of course, actually higher — potentially as many as 15 degrees higher. Someone standing in the New Orleans sun this week might more realistically feel like they’re in 130-degree heat.

Here’s the catch, though: The heat index is “purely theoretical since the index can’t be measured and is highly subjective,” as meteorologist Chris Robbins explains. The calculations are all made under the assumption that you are a 5’7”, 147-pound healthy white man wearing short sleeves and pants, and walking in the shade at the speed of 3.1 mph while a 6-mph wind gently ruffles your hair.
Wait, what?
I’m glad you asked.
In 1979, a physicist named R. G. Steadman published a two-part paper delightfully titled “The Assessment of Sultriness.” In it, he observed that though many approaches to measuring “sultriness,” or the combined effects of temperature and humidity, can be taken, “it is best assessed in terms of its physiological effect on humans.” He then set out, with obsessive precision, to do so.
Steadman came up with a list of approximately 19 variables that contribute to the overall “feels like” temperature, including the surface area of an average human (who is assumed to be 1.7 meters tall and weigh 67 kilograms); their clothing cover (84%) and those clothes’ resistance to heat transfer (the shirt and pants are assumed to be 20% fiber and 80% air); the person’s core temperature (a healthy 98.6°F) and sweat rate (normal); the effective wind speed (5 knots); the person’s activity level (typical walking speed); and a whole lot more.
Here’s an example of what just one of those many equations looked like:

Needless to say, Steadman’s equations and tables weren’t exactly legible for a normal person — and additionally they made a whole lot of assumptions about who a “normal person” was — but Steadman was clearly onto something. Describing how humidity and temperature affected the human body was, at the very least, interesting and useful. How, then, to make it easier?
In 1990, the National Weather Service’s Lans P. Rothfusz used multiple regression analysis to simplify Steadman’s equations into a single handy formula while at the same time acknowledging that to do so required relying on assumptions about the kind of body that was experiencing the heat and the conditions surrounding him. Rothfusz, for example, used Steadman’s now-outdated calculations for the build of an average American man, who as of 2023 is 5’9” and weighs 198 pounds. This is important because, as math educator Stan Brown notes in a blog post, if you’re heavier than the 147 pounds assumed in the traditional heat index equation, then your “personal heat index” will technically be slightly hotter.
Rothfusz’s new equation looked like this:
Heat index = -42.379 + 2.04901523T + 10.14333127R - 0.22475541TR - 6.83783x10-3T 2 - 5.481717x10-2R 2 + 1.22874x10-3T 2R + 8.5282x10-4TR2 - 1.99x10-6T 2R 2
So much easier, right?
If your eyes didn’t totally glaze over, it actually sort of is — in the equation, T stands for the dry bulb temperature (in degrees Fahrenheit) and R stands for the relative humidity, and all you have to do is plug those puppies into the formula to get your heat index number. Or not: There are lots of online calculators that make doing this math as straightforward as just typing in the two numbers.
Because Rothfusz used multiple regression analysis, the heat index that is regularly cited by the government and media has a margin of error of +/- 1.3°F relative to a slightly more accurate, albeit hypothetical, heat index. Also of note: There are a bunch of different methods of calculating the heat index, but Rothfusz’s is the one used by the NWS and the basis for its extreme heat alerts. The AccuWeather “RealFeel,” meanwhile, has its own variables that it takes into account and that give it slightly different numbers.
Midday Wednesday in New Orleans, for example, when the ambient air temperature was 98°F, the relative humidity was 47%, and the heat index hovered around 108.9°F, AccuWeather recorded a RealFeel of 111°F and a RealFeel Shade of 104°F.
You might also be wondering at this point, as I did, that if Steadman at one time factored out all these variables individually, wouldn’t it be possible to write a simple computer program that is capable of personalizing the “feel like” temperature so they are closer to your own physical specifications? The answer is yes, although as Randy Au writes in his excellent Substack post on the heat index equation, no one has seemingly actually done this yet. Math nerds, your moment is now.
Because we’re Americans, it is important that we use the weirdest possible measurements at all times. This is probably why the heat index is commonly cited by our government, media, and meteorologists when communicating how hot it is outside.
But it gets weirder. Unlike the heat index, though, the “wet-bulb globe temperature” (sometimes abbreviated “WBGT”) is specifically designed to understand “heat-related stress on the human body at work (or play) in direct sunlight,” NWS explains. In a sense, the wet-bulb globe temperature measures what we experience after we’ve been cooled by sweat.

The “bulb” we’re referring to here is the end of a mercury thermometer (not to be confused with a lightbulb or juvenile tulip). Natural wet-bulb temperature (which is slightly different from the WBGT, as I’ll explain in a moment) is measured by wrapping the bottom of a thermometer in a wet cloth and passing air over it. When the air is dry, it is by definition less saturated with water and therefore has more capacity for moisture. That means that under dry conditions, more water from the cloth around the bulb evaporates, which pulls more heat away from the bulb, dropping the temperature. This is the same reason why you feel cold when you get out of a shower or swimming pool. The drier the air, the colder the reading on the wet-bulb thermometer will be compared to the actual air temperature.
Wet bulb temperature - why & when is it used?www.youtube.com
If the air is humid, however, less water is able to evaporate from the wet cloth. When the relative humidity is at 100% — that is, the air is fully saturated with water — then the wet-bulb temperature and the normal dry-bulb temperature will be the same.
Because of this, the wet-bulb temperature is usually lower than the relative air temperature, which makes it a bit confusing when presented without context (a comfortable wet-bulb temperature at rest is around 70°F). Wet-bulb temperatures over just 80, though, can be very dangerous, especially for active people.
The WBGT is, like the heat index, an apparent temperature, or “feels like,” calculation; generally when you see wet-bulb temperatures being referred to, it is actually the WBGT that is being discussed. This is also the measurement that is preferred by the military, athletic organizations, road-race organizers, and the Occupational Safety and Health Administration because it helps you understand how, well, survivable the weather is, especially if you are moving.
Our bodies regulate temperature by sweating to shed heat, but sweat stops working “once the wet-bulb temperature passes 95°F,” explains Popular Science. “That’s because, in order to maintain a normal internal temperature, your skin has to stay at 95°F degrees or below.” Exposure to wet-bulb temperatures over 95°F can be fatal within just six hours. On Wednesday, when I was doing my readings of New Orleans, the wet-bulb temperature was around 88.5°F.
The WBGT is helpful because it takes the natural wet-bulb temperature reading a step further by factoring in considerations not only of temperature and humidity, but also wind speed, sun angle, and solar radiation (basically cloud cover). Calculating the WBGT involves taking a weighted average of the ambient, wet-bulb, and globe temperature readings, which together cover all these variables.
That formula looks like:
Wet-bulb globe temperature = 0.7Tw + 0.2Tg + 0.1Td
Tw is the natural wet-bulb temperature, Tg is the globe thermometer temperature (which measures solar radiation), and Td is the dry bulb temperature. By taking into account the sun angle, cloud cover, and wind, the WBGT gives a more nuanced read of how it feels to be a body outside — but without getting into the weeds with 19 different difficult-to-calculate variables like, ahem, someone we won’t further call out here.
Thankfully, there’s a calculator for the WBGT formula, although don’t bother entering all the info if you don’t have to — the NWS reports it nationally, too.
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Adorable as they are, Japanese kei cars don’t really fit into American driving culture.
It’s easy to feel jaded about America’s car culture when you travel abroad. Visit other countries and you’re likely to see a variety of cool, quirky, and affordable vehicles that aren’t sold in the United States, where bloated and expensive trucks and SUVs dominate.
Even President Trump is not immune from this feeling. He recently visited Japan and, like a study abroad student having a globalist epiphany, seems to have become obsessed with the country’s “kei” cars, the itty-bitty city autos that fill up the congested streets of Tokyo and other urban centers. Upon returning to America, Trump blasted out a social media message that led with, “I have just approved TINY CARS to be built in America,” and continued, “START BUILDING THEM NOW!!!”
He’s right: Kei cars are neat. These pint-sized coupes, hatchbacks, and even micro-vans and trucks are so cute and weird that U.S. car collectors have taken to snatching them up (under the rules that allow 25-year-old cars to be imported to America regardless of whether they meet our standards). And he’s absolutely right that Americans need smaller and more affordable automotive options. Yet it’s far from clear that what works in Japan will work here — or that the auto execs who stood behind Trump last week as he announced a major downgrading of upcoming fuel economy standards are keen to change course and start selling super-cheap economy cars.
Americans want our cars to do everything. This country’s fleet of Honda CR-Vs and Chevy Silverados have plenty of space for school carpools and grocery runs around town, and they’re powerful and safe enough for road-tripping hundreds of miles down the highway. It’s a theme that’s come up repeatedly in our coverage of electric vehicles. EVs are better for cities and suburbs than internal combustion vehicles, full stop. But they may never match the lightning-fast road trip pit stop people have come to expect from their gasoline-powered vehicles, which means they don’t fit cleanly into many Americans’ built-in idea of what a car should be.
This has long been a problem for selling Americans on microcars. We’ve had them before: As recently as a dozen years ago, extra-small autos like the Smart ForTwo and Scion iQ were available here. Those tiny cars made tons of sense in the United States’ truly dense urban areas; I’ve seen them strategically parked in the spaces between homes in San Francisco that are too short for any other car. They made less sense in the more wide-open spaces and sprawling suburbs that make up this country. The majority of Americans who don’t struggle with street parking and saw that they could get much bigger cars for not that much more money weren’t that interested in owning a car that’s only good for local driving.
The same dynamic exists with the idea of bringing kei cars for America. They’re not made to go faster than 40 or 45 miles per hour, and their diminutive size leaves little room for the kind of safety features needed to make them highway-legal here. (Can you imagine driving that tiny car down a freeway filled with 18-wheelers?) Even reaching street legal status is a struggle. While reporting earlier this year on the rise of kei car enthusiasts, The New York Times noted that while some states have moved to legalize mini-cars, it is effectively illegal to register them in New York. (They interviewed someone whose service was to register the cars in Montana for customers who lived elsewhere.)
If the automakers did follow Trump’s directive and stage a tiny car revival, it would be a welcome change for budget-focused Americans. Just a handful of new cars can be had for less than $25,000 in the U.S. today, and drivers are finally beginning to turn against the exorbitant prices of new vehicles and the endless car loans required to finance them. Individuals and communities have turned increasingly to affordable local transportation options like golf carts and e-bikes for simply getting around. Tiny cars could occupy a space between those vehicles and the full-size car market. Kei trucks, which take the pickup back to its utilitarian roots, would be a wonderful option for small businesses that just need bare-bones hauling capacity.
Besides convincing size-obsessed Americans that small is cool, there is a second problem with bringing kei cars to the U.S., which is figuring out how to make little vehicles fit into the American car world. Following Trump’s declaration that America should get Tokyo-style tiny cars ASAP, Transportation Secretary Sean Duffy said “we have cleared the deck” of regulations that would prevent Toyota or anyone else from selling tiny cars here. Yet shortly thereafter, the Department of Transportation clarified that, “As with all vehicles, manufacturers must certify that they meet U.S. Federal Motor Vehicle Safety Standards, including for crashworthiness and passenger protection.”
In other words, Ford and GM can’t just start cranking out microcars that don’t include all the airbags and other protections necessary to meet American crash test and rollover standards (not without a wholesale change to our laws, anyway). As a result, U.S. tiny cars couldn’t be as tiny as Japanese ones. Nor would they be as cheap, which is a crucial issue. Americans might spend $10,000 on a city-only car, but probably wouldn’t spend $20,000 — not when they could just get a plain old Toyota Corolla or a used SUV for that much.
It won’t be easy to convince the car companies to go down this road, either. They moved so aggressively toward crossovers and trucks over the past few decades because Americans would pay a premium for those vehicles, making them far more profitable than economy cars. The margins on each kei car would be much smaller, and since the stateside market for them might be relatively small, this isn’t an alluring business proposition for the automakers. It would be one thing if they could just bring the small cars they’re selling elsewhere and market them in the United States without spending huge sums to redesign them for America. But under current laws, they can’t.
Not to mention the whiplash effect: The Trump administration’s attacks on EVs left the carmakers struggling to rearrange their plans. Ford and Chevy probably aren’t keen to start the years-long process of designing tiny cars to please a president who’ll soon be distracted by something else.
Trump’s Tokyo fantasy is based in a certain reality: Our cars are too big and too expensive. But while kei cars would be fantastic for driving around Boston, D.C., or San Francisco, the rides that America really needs are the reasonably sized vehicles we used to have — the hatchbacks, small trucks, and other vehicles that used to be common on our roads before the Ford F-150 and Toyota RAV4 ate the American car market. A kei truck might be too minimalist for mainstream U.S. drivers, but how about a hybrid revival of the El Camino, or a truck like the upcoming Slate EV whose dimensions reflect what a compact truck used to be? Now that I could see.
Current conditions: In the Pacific Northwest, parts of the Olympics and Cascades are set for two feet of rain over the next two weeks • Australian firefighters are battling blazes in Victoria, New South Wales, and Tasmania • Temperatures plunged below freezing in New York City.
The U.S. military is taking on a new role in the Trump administration’s investment strategy, with the Pentagon setting off a wave of quasi-nationalization deals that have seen the Department of Defense taking equity stakes in critical mineral projects. Now the military’s in-house lender, the Office of Strategic Capital, is making nuclear power a “strategic technology.” That’s according to the latest draft, published Sunday, of the National Defense Authorization Act making its way through Congress. The bill also gives the lender new authorities to charge and collect fees, hire specialized help, and insulate its loan agreements from legal challenges. The newly beefed up office could give the Trump administration a new tool for adding to its growing list of investments, as I previously wrote here.

The “Make America Healthy Again” wing of President Donald Trump’s political coalition is urging the White House to fire Environmental Protection Agency Administrator Lee Zeldin over his decisions to deregulate harmful chemicals. In a petition circulated online, several prominent activists aligned with the administration’s health secretary, Robert F. Kennedy, Jr., accused Zeldin of having “prioritized the interests of chemical corporations over the well-being of American families and children.” As of early Friday afternoon, The New York Times reported, more than 2,800 people had signed the petition. By Sunday afternoon, the figure was nearly 6,000. The organizers behind the petition include Vani Hari, a MAHA influencer known as the Food Babe to her 2.3 million Instagram followers, and Alex Clark, a Turning Point USA activist who hosts what the Times called “a health and wellness podcast popular among conservatives.”
The intraparty conflict comes as one of Zeldin’s more controversial rollbacks of a Biden-era pollution rule, a regulation that curbs public exposure to soot, is facing significant legal challenges. A lawyer told E&E News the EPA’s case is a “Hail Mary pass.”
The Democratic Republic of the Congo, by far the world’s largest source of cobalt, has slapped new export restrictions on the bluish metal needed for batteries and other modern electronics. As much as 80% of the global supply of cobalt comes from the DRC, where mines are notorious for poor working conditions, including slavery and child labor. Under new rules for cobalt exporters spelled out in a government document Reuters obtained, miners would need to pre-pay a 10% royalty within 48 hours of receiving an invoice and secure a compliance certificate. The rules come a month after Kinshasa ended a months-long export ban by implementing a quota system aimed at boosting state revenues and tightening oversight over the nation’s fast-growing mining industry. The establishment of the rules could signal increased exports again, but also suggests that business conditions are changing in the country in ways that could further complicate mining.
With Chinese companies controlling the vast majority of the DRC’s cobalt mines, the U.S. is looking to onshore more of the supply chain for the critical mineral. Among the federal investments is one I profiled for Heatmap: an Ohio startup promising to refine cobalt and other metals with a novel processing method. That company, Xerion, received funding from the Defense Logistics Agency, yet another funding office housed under the U.S. military.
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Last month, I told you about China’s outreach to the rest of the world, including Western European countries, to work together on nuclear fusion. The U.S. cut off cooperation with China on traditional atomic energy back in 2017. But France is taking a different approach. During a state visit to Beijing last week, French President Emmanuel Macron “failed to win concessions” from Chinese leader Xi Jinping, France24 noted. But Paris and Beijing agreed to a new “pragmatic cooperation” deal on nuclear power. France’s state-owned utility giant EDF already built a pair of its leading reactors in China.
The U.S. has steadily pushed the French out of deals within the democratic world. Washington famously muscled in on a submarine deal, persuading Australia to drop its deal with France and go instead with American nuclear vessels. Around the same time, Poland — by far the biggest country in Europe to attempt to build its first nuclear power plant — gave the American nuclear company Westinghouse the contract in a loss for France’s EDF. Working with China, which is building more reactors at a faster rate than any other country, could give France a leg up over the U.S. in the race to design and deploy new reactors.
It’s not just the U.S. backpedaling on climate pledges and extending operations of coal plants set to shut down. In smog-choked Indonesia, which ranks seventh in the world for emissions, a coal-fired plant that Bloomberg described as a “flagship” for the country’s phaseout of coal has, rather than shut down early, applied to stay open longer.
Nor is the problem reserved to countries with right-wing governance. The new energy plan Canadian Prime Minister Mark Carney, a liberal, is pursuing in a bid to leverage the country’s fossil fuel riches over an increasingly pushy Trump means there’s “no way” Ottawa can meet its climate goals. As I wrote last week, the Carney government is considering a new pipeline from Alberta to the West Coast to increase oil and gas sales to Asia.
There’s a new sheriff in town in the state at the center of the data center boom. Virginia’s lieutenant governor-elect Ghazala Hasmi said Thursday that the incoming administration would work to shift policy toward having data centers “pay their fair share” by supplying their own energy and paying to put more clean power on the grid, Utility Dive reported. “We have the tools today. We’ve got the skilled and talented workforce. We have a policy roadmap as well, and what we need now is the political will,” Hashmi said. “There is new energy in this legislature, and with it a real opportunity to build new energy right here in the Commonwealth.”
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.