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A conversation with Colorado's junior senator on the 2024 election, permitting reform, and what might happen with the IRA.

This week we’re talking to Senator John Hickenlooper of Colorado who joined me yesterday at Heatmap’s Election Post-Game event in Washington, D.C., for a spirited chat about the 2024 election, permitting, and support for renewable energy in a Trump 2.0 era. We also talked about beer and The Fray, but we’ll spare you those details. The following is an abridged version of our conversation.
So you’ve said in your time in the Senate there needs to be a “business plan” for climate change. What’s the business plan now that Trump is going to be president again?
I said from the moment I got to Washington that I could not understand how we got so far down the road without any kind of plan. No one has mapped it out – and at this point it has to change – but there’s no sense of a plan.
Right now we have to look at the possibility of dramatic rollbacks from a lot of legislation that got passed in 2023. The Inflation Reduction Act, the largest financial commitment to addressing climate change in the history of the world. I think the CHIPS and Science Act has a lot of stuff in it that over time is going to have dramatic benefits in terms of addressing climate. Rolling back those efforts for the simple purpose of giving another tax break to the publicly traded stocks of America doesn’t seem constructive.
One thing that’ll make that difficult is many of the people who worked so hard to elect Donald Trump are receiving those benefits and those jobs. A lot of those tax credits are being spent in red states.
Faced with that rollback, which I think is really an interruption and which slows down the momentum – you want to disrupt the business plan, you want to throw a wrench in the gears, one way to do that is to create unpredictability. That anything agreed to [isn’t] going to stay the same for more than two years.
I’ve heard the argument a lot before, the past few years, that a lot of the money being spent is going to red states. Why was that not an election winning argument in these states?
My impression is people basically felt that the elites – Democrats and Republican elites – are looking down on them. They’re being judged by a woke culture. They’re being bossed around. Well over 2/3rds of the people who start business aren’t doing it to make a lot of money. They’re doing it because they can’t stand having a boss. They’re doing it because they want to be in control of their lives, their job, their work, their hours, their mission. And we Democrats did a piss poor disappointing job of communicating that way.
There’s a whole bunch of reasons why this happened like it did. Hearing the war stories the past couple of days, the kinds of ads that were used as a way of taking down Democrats were pretty outrageous.
What’s to come with permitting reform?
I think we’re seeing an alignment of self interest around permitting reform. Most of the large environmental organizations recognize that if we’re going to successfully address climate change, we’ve got to get transmission lines – you can’t spend 20 years permitting transmission lines. We’ve got to go faster. The time, sense of urgency we have, is not really sufficient. The same thing is true about critical minerals. We’re going to need so much of them and we haven’t really identified where they’re going to come from.
The bill that’s sitting there right now, I think we can get that passed. I’m not saying we’re going to. But I’m saying we have a very good chance of Republicans and Democrats lining up and saying, alright I don’t like a lot of this, but we need it.
So you think the first place people are going to go is the Manchin-Barrasso bill?
Yeah I think in the short-term I think that’s where they’re going to give their best shot.
Both sides have certain parts of that bill they are really unhappy with, and they modified certain parts of it, so [we’ll] come back from recess and everyone’ll [be] taking a fresh look at it and say well I still don’t like this but it’s not as bad as it was before.
There’s some worry in some corners of climate advocacy spaces that they’ll have less of an ear from members of Congress in light of the election results. In listening to more progressive environmentalists who’ve been critical of the bill, is listening to them a politically smart idea? Practically smart idea?
I don’t think it’s a smart idea politically or practically because I do feel this sense of urgency that we’ve got to go now.
With the Barrasso-Manchin bill, we’re still going to have to do all this work. We’re just going to do it in six months or a year or two years down the road and it takes us further and further away from dealing with the issue. The costs are asymptotic.
What climate gains will be made this Congress aside from permitting reform?
I think this great transition’s going to continue. It might slow down a little bit.
There is genuine factual basis that this transition makes sense on so many levels. Politically, it’s not something you want to talk about. But we as a country have to move in that direction. Maybe talk a little less, do a little more? I heard that advice in the musical Hamilton – talk less, smile more. We have to do the opposite, do more and smile less.
What do you mean by the transition being something you don’t want to talk about?
As you’re describing the cost of waiting for people, they can get into the nits and gnats where they can go back to who they represent and say hey, there’s a problem. The same thing happens when we talk about it. Try to talk about the issues in the broadest, most fundamental ways, because that’s the hardest way for it to be attacked. Just having the broad statement is going to be more effective with a large group of people.
So I asked if progress will be made on climate in Congress besides permitting and you didn’t say yes…
No, I’ll say yes. The great thing about the Inflation Reduction Act is that it put a lot of things in play. Carbon capture, there’s a bunch of research projects and a couple of implementations in red states where they are making great progress in terms of how they can get carbon out of the air in an increasingly cost-effective way. I haven’t seen it make any kind of economic sense, but that doesn’t mean they aren’t going to get there. Hydrogen is a huge thing. Looking at some of the new nuclear reactors, where they’re looking at types of fusion reactors, small and large. Climate change is not going to allow us to go and pick out our favorite treats.
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Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.
A conversation with Josh Freed of Third Way
This week’s conversation is about the big energy policy story of the week – month? year? – which is the new bipartisan permitting deal in the U.S. Senate. As my colleagues and I were feverishly working on our mega-explainer about the bill, I rang up Josh Freed, founder of Third Way’s energy and climate program, who graciously picked up the phone despite traveling in London. Freed, a fellow energy wonk-slash-musician, was gracious to jam out with me on all the things I felt you needed to know about this bill – including whether there really is only one shot to get what he believes would be landmark legislation into law.
The following chat was lightly abridged for clarity. Let’s dive in.
Let’s start with descriptions. Thomas Hochman, a friend of Heatmap News, published a lengthy blog about the new bipartisan Senate permitting bill in which he describes it as a “grand bargain.”
Do you agree with that description?
No. See, it’s so funny, I saw that description as well and I think over the years I’ve soured on the concept of ‘grand bargains.’ But it’s hugely significant.
Okay. If it’s not a ‘grand bargain,’ how would you describe it?
Well the problem with a ‘grand bargain’ is it assumes there’s all these trade-offs and everyone gets a little bit of something. But the reason I think it’s just significant, and not that, is it took the transmission architecture that Manchin-Barrasso had that was close to passing and built it out for current load growth. That’s a big deal given how much the transmission side has been a blockage in the system. And how much they dealt with the permitting of infrastructure, generally.
When we did our survey of over 200 project developers a little over a year ago, we were surprised at how much that was what they were concerned about – transmission and permitting of utility-scale solar. They’ve added those two things into the bill. So we’ve got consequential transmission permitting provisions and steps to add a lot of certainty, while shortening the window where objections based on those laws can pop up. This means a lot more is likely to be built and it’s very likely that’ll be clean.
There’s infrastructure with fossil fuels that’ll be built. We get that. But when costs are so high, that’s also sort of inevitable. The overall proposal is more of a win to build than a bargain.
Does the language in this bill adequately address Trump’s freeze on federal permits for renewable energy projects?
I think it is a really important step in the right direction with permitting certainty for solar and wind but this question with national security, and making sure this gives the certainty that these projects will ultimately be delivered… I just genuinely don’t know. But we need to make sure it's sufficiently airtight. Is this the best, most reasonable attempt to do this? That’s the question that needs to be answered.
The combination of permitting certainty and anti-discrimination language barring the executive branch from category wide attacks on offshore wind or solar are steps that need to be taken. At some point we’re all going to have to take the step off the cliff together and see what happens next because we’re getting as good as we’re going to get, presuming the administration will follow the law. If they don’t follow the law, there’ll be actions to be taken to get them back on track.
But this is what you have to do, because otherwise, everything’s still broken. At least it gives us additional mechanisms to keep them in line.
Do you think this has to happen before the next Congress convenes?
The most likely time for action is the lame duck period in Congress. I think there’s a slim chance you could see something happen next year but it’s impossible to predict how likely that chance is or what it would look like until we see the election results. I wouldn’t want to gamble on everything lining up to get another bite at the apple next year. And lame duck’s always been the most likely time for this to happen.
Okay. So let’s say this bill becomes law. What do folks like you do next on energy in D.C.?
I think we get this done and then we’ve got to make sure the law works. Assuming this passes, we’ve got to make sure the obstacles we thought were obstacles really were the obstacles, and this still doesn’t address additional issues data centers have raised. We need an enforceable framework so as data centers come onto the system, the additional generation and transmission is built in a way that’s in the best interest of communities and paid for by the data centers.
There are questions of whether the market structures created more than a hundred years ago are still the correct structures for 2026. If they’re not, then what’s the path to getting stuff built and maintained effectively? That alone is enough. And I think the next biggest thing: what parts of the supply chain should be developed and where? Transformers, batteries, the future of the auto industry… all those fun things are up in the air.