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The New York mayoral frontrunner has an opportunity to shift the left’s increasingly nonsensical position on a critical carbon-free energy source.

Tuesday, November 4, New Yorkers go to the polls to elect their new mayor. They face a three-way choice — Democratic candidate, state assemblyman, and suddenly prominent democratic socialist Zohran Mamdani; Republican candidate and battery foe Curtis Sliwa; and independent candidate and former governor Andrew Cuomo.
While Mamdani’s surprise win in June’s Democratic primary electrified New Yorkers of all political persuasions, this cycle has been a relatively sleepy one for climate issues. Neither of the two frontrunners, Mamdani and Cuomo, has been keen to draw much attention to himself on clean energy.
At a televised debate two weeks ago, however, things got interesting.
“New nuclear power plants can help bring down the rising cost of utilities in New York State, yes or no?” asked moderator Brian Lehrer. “Upstate? They’re already starting, yes,” answered Sliwa, referring to Governor Kathy Hochul’s landmark announcement in June that she was ordering the New York Power Authority, the state’s public power utility, to develop a gigawatt of new nuclear energy-generating capacity upstate. Couched in atomic-powered abundance, the plan distinguishes her from Democrats nationwide primarily because she has the largest state-owned utility at her disposal, whereas other governors, from both parties, merely intimate that private developers should really get started.
To the untrained ear, Mamdani’s answer at the debate was anodyne: “I think it’s something worth exploring.” Prompted by Cuomo about whether that constituted “a yes,” Mamdani confirmed, “yeah,” to which Cuomo evinced surprise and then a “yes” of his own. On the surface, all three candidates agreed.
But in affirming the role of new nuclear plant construction to meet the state’s energy needs, Mamdani put himself at odds with a number of environmental justice nonprofits that have become fixtures of the city’s progressive left — that is, his own political home base.
“We unequivocally oppose any new nuclear facilities in New York State.” So begins a letter signed by 153 environmental justice groups, issued following Hochul’s “Future Energy Economy Summit” last fall, where she first raised the prospect. The signatories include chapters of prominent activist Bill McKibben’s advocacy groups Third Act and 350.org, Bezos Earth Fund awardee WE ACT for Environmental Justice, Food and Water Watch, chapters of the Sierra Club, and solar industry boosters Vote Solar, among many others.
When the governor advanced her nuclear plan this year, environmental organizations responded with anger. NY Renews — a coalition of groups that successfully lobbied for the state’s landmark climate law, the Climate Leadership and Community Protection Act of 2019, which was signed by Governor Cuomo — issued a statement opposing “the expansion or further investment in nuclear energy production.” An op-ed from the New York City Environmental Justice Alliance and New York Lawyers for the Public Interest called Hochul’s proposal a “dangerous distraction” from building renewables. In a separate comment issued alongside these same groups, decades-old Brooklyn Latino community organization UPROSE urged the state to avoid the “expensive and unrealistic” path of nuclear development.
The political appeal of nuclear today is undeniable. Six in ten Americans want more nuclear energy, according to a recent Pew poll. Not only is it the energy source with the smallest divide in enthusiasm between the parties, including both clean and fossil-fueled sources, the most common reason respondents gave Pew for supporting nuclear was its decarbonization potential.
New York’s nuclear energy “provide[s] reliable, continuous, predictable, emissions-free supply and must remain online to maintain electric system reliability,” according to a recent filing from the New York Independent System Operator, which manages the state’s grid. Since it takes up less land and requires fewer transmission lines than purely renewable alternatives, it could mitigate a fiery political tension in New York and elsewhere. And it’s almost universally held up as essential by industrial labor unions, for the clean, firm power it produces, and for the high-paying careers it supports. “Nuclear energy, being the cleanest, zero-emission, and most efficient way to produce energy, should be a no-brainer,” Frank Morales, the president of New York’s Utility Workers Union of America Local 1-2, which represents thousands of ConEd utility workers in the city, told me by email.
And yet despite his statement during the debate, nuclear’s decarbonization bona fides, its strong bipartisan appeal, and its acclaim from labor unions, Mamdani — a democratic socialist champion of public power and the clean energy transition — still hasn’t endorsed the governor’s plan for public nuclear power development.
This tracks an ideological inconsistency within the environmental left that has become less tenable as the need for clean power has grown more urgent. “It’s a belief system that these nonprofit groups have wrapped themselves in, and one that they have not yet been motivated to seriously reexamine,” Charles Komanoff told me. He’s the director of the Carbon Tax Center and a decades-long stalwart of New York City progressive activist groups, spanning environmental and transportation causes, among others.
Komanoff has had to reexamine his own beliefs on nuclear. During the 1970s and ’80s he opposed nuclear power, primarily for its past operational inefficiencies. He spoke before a crowd of thousands at an antinuclear protest in Washington in 1979, after the Three Mile Island incident. The premature closure of New York’s Indian Point nuclear power plant in 2021, however, finally tipped him into public nuclear advocacy. The “true Indian Point disaster,” he wrote in an analysis earlier this year, is that “emissions are mounting, and in New York City and other downstate areas formerly supplied by Indian Point, electricity is getting costlier and less dependable.”
Ben Furnas, the former director of the Mayor’s Office of Climate and Sustainability under Bill de Blasio — himself an iconic New York City progressive — has experienced this inconsistency firsthand. (De Blasio also cut his teeth in the antinuclear movement, telling The New York Times in 2019 that he’d marched against Three Mile Island in his youth.) “A lot of the old guard antinuclear activism sits uncomfortably in a broader, clear-eyed climate coalition,” Furnas told me. Mamdani, however, appears to take a “more expansive view of what a decarbonizing energy system looks like,” he said.
As a member of New York’s State Assembly, Mamdani backed a campaign to cancel the repowering of an ancient, highly-polluting gas peaker plant in Astoria, Queens, squarely in his district, that was slated to retire. He also aligned himself with the effort by Public Power NY, a coalition between the Democratic Socialists of America and environmental groups, to “build public renewables.” Both maneuvers eventually paid off — in 2021 the state denied the repowering project’s permit, and the old power plant later closed down for good; and in 2023 Hochul signed into law a (heavily rewritten) version of the Build Public Renewables Act, turning activist goals into implementable policy for NYPA.
Two years later, NYPA has made remarkable progress building state capacity in renewables. Its development pipeline of wind, solar, and battery projects now amounts to about 7 gigawatts, though most of that is still in very early stages. But Public Power NY has spent that time dismissing the progress from the sidelines, charging Hochul with “refusing to lead on climate.” While it’s true that Hochul is far overdue on implementing parts of the 2019 climate law, a huge political challenge as energy affordability becomes a top concern, Public Power NY has responded by demanding that the governor ramp up NYPA’s renewables development to a staggering 15 gigawatts deployed by 2030. Mamdani spoke at a rally for that demand just a month into his mayoral campaign last November.
Neither energy nor public power, however, has been at the forefront of his campaign, especially in these closing months. Instead, Mamdani’s laudable message discipline has been trained on affordability in New York City: free childcare, free buses, city-owned grocery stores, and temporarily freezing the rents of the city’s nearly 1 million rent-stabilized apartments. He’s even taken a decidedly pro-abundance position on housing in interviews with the Abundance co-author Derek Thompson and on the Odd Lots podcast.
It would be reasonable to ask, Even if Mamdani had aggressively talked up nuclear, what would he be able to do about it as mayor? As it turns out, there are a few routes that a Mayor Mamdani could take to influence nuclear development.
First and foremost, for half a century, the “governmental customers” of New York City have been critical sources of revenue for NYPA. The city government, the Metropolitan Transit Authority, and the New York City Housing Authority, for example, remain NYPA’s largest customers, dating back to when the state acquired Indian Point Unit 3 from ConEd during the 1974 financial crisis. While the MTA is infamously not under the mayor’s purview, at least two of those major customers are — and their power contracts are set to expire at the end of 2027, during the next mayor’s term. That’s both a bargaining chip for the next mayor and a potential avenue for the city government to subsidize, at least in part, the cost of a new, NYPA-developed nuclear plant.
Second, de Blasio already set a precedent for applying the city’s progressive tax base to help shoulder the cost of statewide clean power initiatives. To help solve an imbalance in renewable energy deployment upstate and downstate, the state created the “Tier 4 Renewable” program in 2020, at the urging of the de Blasio administration, to subsidize transmission projects that would deliver renewable energy into New York City. The enormous cost of the program, however, fell on the backs of ratepayers statewide, in proportion to their electricity consumption.
Seeing the unevenness in a program that largely helps the city, the de Blasio administration struck a deal in 2021 with the state’s clean energy procurement agency, the New York State Energy Research and Development Authority, to purchase far more Tier 4 renewable energy certificates than would have otherwise been allocated to the city based on its electricity demands via its utility, NYPA. As a result, the rest of the state’s ratepayers would save, in the city’s calculation, a few billion dollars. It’s not hard to imagine a similar possibility for the next mayor to advance the state’s nuclear policy, especially when it’s being led by NYPA.
Finally, the city’s Local Law 97 — a comprehensive law passed in 2019 requiring large buildings to meet escalating greenhouse gas emission limits or else face fines — presents another opportunity. Mamdani has spoken during the campaign about the need for the city to procure heat pumps for landlords to install in compliance with the law. But landlords also have to decarbonize their utility electricity supply, which they can do by purchasing RECs. With the recent cancellation of one of two projects that would have supplied said RECs, the real estate industry will soon be hungry for more supply.
That’s where nuclear could come into city policy. The city council could amend Local Law 97 so that nuclear energy likewise delivered into the city — from either existing or solely new sources — could be used to comply, as well. That would put landlords in a position of subsidizing a new state nuclear project, just like the Tier 4 program put them in a position to subsidize new state transmission projects. That could be a way for a Mayor Mamdani to throw them a bone amid his attacks on unaffordable housing prices.
The mild nuclear support at the debate was encouraging, Komanoff, the longtime progressive activist, told me. But “it would’ve been huge-er if Mamdani had said something specific and favorable about Governor Hochul’s gigawatt announcement over the summer.” The governor, who in September endorsed Mamdani in the race, is presumably thinking the same thing, having made NYPA — the same public power authority behind the Build Public Renewables campaign that Mamdani championed — the centerpiece of her nuclear plan.
NYPA’s vice president of corporate communication, Lindsay Kryzak, told me by email that the authority has “seen widespread support for this critical technology,” and that it’s looking forward to “ensuring the benefits of advanced nuclear energy reach our customers in all five boroughs.”
Mamdani has been a staunch proponent of public clean energy in the legislature, and he’s apparently open to new nuclear for decarbonizing the state. That he hasn’t yet embraced this public power nuclear plan illustrates the strong gravitational pull of the environmental left coalition that surrounds him, one rooted in antinuclear politics.
Across progressive and democratic socialist media, multiple activists who’ve worked on the public power campaign have revealed their personal and professional ties to nonprofits like the Alliance for a Green Economy, New York Energy Democracy Alliance, and the Sane Energy Project, all of which have firmly rejected Hochul’s nuclear plans.
As for the Public Power NY coalition itself, it wants the state to build public renewables, not public nuclear. In a statement following the governor’s nuclear announcement, it argued that the plan “shows just how unserious she is about New Yorkers’ energy bills and climate future.” According to the organization’s website, 12 of the coalition’s 16 partner organizations, excluding DSA chapters, have publicly opposed new nuclear power since the governor kicked off discussions last year. Public Power NY did not respond to requests to comment on this story.
When the New York Independent System Operator, which manages the state’s grid, warns of the dire reliability-related need for “dispatchable emissions-free resources,” a technical term whose only existing commercial realization is nuclear, one would think building more nuclear power is actually the serious thing to do. That conviction isn’t just coming from the governor’s office; it’s shared by major industrial unions like the International Brotherhood of Electrical Workers, the UWUA, the Laborers’ International Union of North America, the state Building Trades Council, and the state AFL-CIO, as I reported this summer for Jacobin.
What does labor think of Mamdani’s recently expressed openness to nuclear? Vinny Albanese, executive director of the New York State Laborers’ Political Action Fund, says over email that his union, LIUNA, is “encouraged to see Assemblymember Zohran Mamdani express openness to nuclear energy, which currently provides half of New York’s carbon-free electricity.”
“With potential energy shortfalls projected to affect New York City as early as next year,” he wrote, “we must act decisively to bring more reliable, clean generation online.” The Laborers, like many unions, endorsed Cuomo in the primary, but haven’t endorsed anyone in the general election.
Morales, the UWUA Local 1-2 president, told me over email that Mamdani’s remark in favor of nuclear energy is “definitely a step in the right direction.” And yet Local 1-2 nonetheless endorsed Cuomo. That’s despite the fact that as governor, Cuomo was directly responsible for shutting down Indian Point, destroying hundreds of Local 1-2 members’ jobs.
Without the antinuclear baggage of his coalition, Mamdani could have pounced on Cuomo for having closed the plant — as Sliwa did at the debate and throughout his own campaign — in order to show solidarity with the union workers and to demonstrate a more responsible energy policy for New York City. In doing so he could have pinned the blame on his opponent for rising power prices and worsening air quality in his own district.
A 2023 public letter on South Bronx air pollution from various city environmental groups admits only obliquely, in the title of one of its charts, that Indian Point’s shutdown “expos[es] area residents to even more pollution.” Assemblyman Mamdani, like several other local elected officials, signed the letter, seemingly his only public engagement with Indian Point’s closure. But some of the nonprofit signatories actually championed the end of the plant, a situation that rules out a more explicitly recognized tradeoff between nuclear energy and air pollution.
If Mamdani wins the mayoral election, as polls indicate he is likely to do, he will take on the tremendous responsibility of governing a major world city. That city is one whose power grid is facing reliability concerns alongside costly maintenance and infrastructure needs, all on top of a popular push to electrify buildings and reduce air pollution. As mayor, he’d have limited levers to address these problems. But with the backing of the governor and the public power authority, he stands a chance. He should embrace Hochul’s public nuclear power plan, and with it nuclear’s potential to help advance New York City’s climate goals.
If he can buck the trend of the environmental left’s hostility to nuclear, he could demonstrate to New York City — and to democratic socialist supporters nationwide, who already view him as a likely successor to (notoriously antinuclear) Vermont Senator Bernie Sanders — that the left can think rationally about the energy system, its affordability, and the wide scope of the climate problem. That would truly be charting a new path.
Editor’s note: This author’s bio has been updated to clarify that he writes under a pen name.
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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.