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Robinson Meyer:
Hello, it’s Tuesday, June 2, and three makes a trend in journalism, but two is a pattern. And two of the country’s most liberal states just watered down their state-level climate policy. Last week, New York announced that it would rewrite parts of its state climate law, the Climate Leadership and Community Protection Act, or CLCPA. That law was originally passed in 2019, and it sought to turn New York State into a North American climate leader on par with California or British Columbia. It set very ambitious goals, including a headline target of cutting New York’s emissions by 40% by 2030, as compared to their 1990 levels. But those goals have now changed. New York’s governor, Kathy Hochul, has successfully watered down key provisions in the law as part of a budget deal with the state legislature. You’ll hear more about those changes in a moment. Just a few days later, California, one of those North American climate leaders, also altered its state-level climate policies. On Friday evening, the state’s Air Resources Board voted to change how the state’s cap-and-trade program works. Under the new change, industrial facilities such as oil refineries will get access to a big pot of up to $4 billion in free carbon credits if they invest in emissions-cutting projects within the state.
Robinson Meyer:
Environmental groups have been critical of both the New York and California changes. And now I realize that depending on where you live, these changes might sound like maybe fairly technical reforms to laws that only apply to just over one in six Americans and an even smaller share of U.S. emissions. I realize we’re not talking about U.S. climate policy in this episode, but I think these two changes reflect a deeper division among climate advocates and among Democrats about just how stringently to enforce climate policy during this period. You know, in the next few years, climate targets set half a decade ago or a decade ago are coming due. And a lot of those climate targets were going to be enforced by raising fossil fuel prices. But at the same time, Democrats have become more politically committed to low prices and cutting costs than they’ve been at almost any point since the global financial crisis in 2008. Cheap prices, affordability and cheap energy prices specifically has become key to Trump era democratic policymaking. So how are Democrats navigating this era of affordability in climate policy? That’s what we’re going to talk about today.
Robinson Meyer:
My guest today is Emily Pontecorvo. She’s a founding staff writer here at Heatmap News and an expert on all things state climate policy. She’s been covering recent changes to New York’s policy here at Heatmap. We’re going to talk about how New York’s laws have changed, why the state failed to meet the targets that it initially set in 2019, and whether the new targets are defensible, and what any of this means for the future of blue state climate policy. I should say we don’t get to California in this discussion because the changes came in too late for this conversation, but I’m sure we’ll talk about them soon and cover them on Heatmap. I’m Robinson Meyer, the founding executive editor of Heatmap News, and it’s all coming up today on Shift Key.
Emily, welcome to Shift Key.
Emily Pontecorvo:
Hey, Rob. Good to be here.
Robinson Meyer:
Emily, you wrote a great story for Heatmap this week about this budget deal between the governor and the statehouse that, in our word, kind of weakened or reformed parts of the CLCPA. And I have to say it’s a funny lot to me because when it passed, there was a sense that New York was now joining California in having extremely robust and ambitious state-level climate policy. And in some ways, New York’s climate policy was now more ambitious than California’s and we should really put New York first. Since then, I don’t know that we really heard about this law. Certainly, it doesn’t seem to play the same role in New York level governance
Robinson Meyer:
that like California’s climate laws seem to play in California’s governance. And at the same time, I think why we’re suddenly talking about it being weakened is maybe a little unclear. So can we just start by talking about like what has been happening in this law for listeners who are like me, who maybe remember when it was passed or maybe don’t remember when it was passed? What has happened with this law since 2019? And why did this year become the moment when Governor Kathy Hochul happened to move to try to weaken it and has now successfully done so?
Emily Pontecorvo:
It’s a really, really good question. And I think the answer has a lot to do with why we haven’t heard about it as much as we’ve heard about like California’s climate policymaking, for example. And I’m excited to be here and talk about it because I just think everything that’s happening around New York’s climate law is really interesting and really relevant to the kind of broader climate policy conversation right now. But, yeah, so after New York passed this law in 2019, what was unique about New York’s approach to climate policymaking is instead of passing a law that said our, you know, environmental department is going to make X, Y and Z regulations or this is how we’re going to go about trying to cut emissions, the law just basically set these high level targets. Yeah.
Emily Pontecorvo:
Cut economy-wide emissions 40% by 2030, and then cut emissions 85% by 2050. It’s kind of high-level targets. And then it created a new body called the Climate Action Council to basically meet for like three or four years and study New York’s economy and study all of the options for decarbonization and make a series of recommendations to the state about how to achieve those targets. So there was this like multi-year delay built into the law. I don’t know of any other states that have kind of gone about it that way. And so that’s what happened. I mean, the Climate Action Council, it was this group of scientists and environmental groups and industry representatives and state representatives, and they met for years. They came up with something called the Scoping Plan, which had a series of recommendations that they gave to the state. That happened in 2022. The Scoping Plan came out in 2022.
Robinson Meyer:
Did that Scoping Plan then have to be legislated or did it instantly become law or instantly kind of have regulatory force?
Emily Pontecorvo:
Yeah, it had no force. So it was just a series of recommendations that then it was the state and the legislature’s job to kind of take or leave and decide what to do with. And it didn’t it did turn into, you know, policy like it turned into bills and policies. So, for example, like the New York all electric buildings law that passed, I believe, last year. And that is one example where that law has now been delayed because there were a series of lawsuits and Kathy Hochul has sort of agreed to delay that law. But that was one of the recommendations that came out of the scoping plan. Another recommendation that came out of the scoping plan was a cap and invest program. And this is very similar to what California has, where they cap emissions across the economy and it sort of puts a tax on emissions above the cap. And then that revenue is kind of funneled back into the economy, back into clean energy programs. It’s a way to raise money for clean energy programs.
Robinson Meyer:
Okay, so basically what happened is New York set very high level targets for itself, which was very in vogue in the late 20-teens. It set up a blue ribbon commission to tell us how to meet those targets. And then it sounds like some policies came out of those targets. And we were approaching crunch time for those policies, if we had not technically
Robinson Meyer:
legally already passed crunch time. So before we get into the conversation, let me just ask one more question, which is so New York set this climate law in the CLCPA of cutting its emissions economy wide by 40% by 2030 relative to 1990 levels. Can you give us a sense of like how have emissions changed since 1990? How close is New York State to the 40% goal?
Emily Pontecorvo:
So in 1990, New York’s emissions were around 400 million metric tons of carbon. And today they’re, you know, they’ve fallen slightly. The most recent report from 2023 had emissions at about 350 million metric tons. And the 2030 target is much closer to about 250. So we’ve made a tiny bit of progress, but we’re still a ways to go. So if you look at New York State’s own dashboard on all of the kind of goals in the climate law, that first 2030 target, we’re only about a third of the way there.
Robinson Meyer:
I mean, it sounds like maybe our emissions have come down like 15% since 1990, but they are nowhere, we’re nowhere close to cutting them by the third or 40% that we would need to cut them to comply with the law. In some ways, that might just answer this question for me. But like,
Robinson Meyer:
why did the governor move to change these targets now? Why was 2026 the year when the governor and the statehouse decided to weaken these goals?
Emily Pontecorvo:
Kathy Hochul has talked about this in terms of the targets being unrealistic and not achievable. And to some degree, that may be true. But I, you know, based on my reporting, it seems like the real reason the governor has pushed to change the targets is more to do with a lawsuit. You know, another part of the climate law was ... said that New York had to put regulations into place by 2024 that would help the state achieve these targets. So that was supposed to be sort of after the scoping plan was out and after it gave these recommendations, the state would then have sort of a limited period of time, about two years, to actually enact regulations to achieve the goals. And the state began to do that. It started to put together this cap and invest program that I was talking about earlier. But then all progress on that just kind of stopped. In 2024, the state was behind.
Emily Pontecorvo:
They kept kind of pushing it down the road. And then eventually Kathy Hochul started to say, this is going to be too expensive. It’s, you know, we’re in an affordability crisis. This is going to hurt New Yorkers’ wallets. And this is not the right time to enact this policy. And when she basically said she wasn’t going to do it, a bunch of environmental groups sued because that was literally written in the law that those regulations needed to be in place and they won. And so it was after that that the governor started to propose to change the targets because changing the targets would then enable her to also get more time for those regulations.
Robinson Meyer:
Well, it’s funny because it does seem like the CLCPA was written almost knowing that these moments when politicians care about emissions are brief and fleeting. And so therefore, deadlines and traps and doodads need to be built into the law itself in order to actually get the politicians to do things when we’re not in a moment when climate change seems like a very urgent issue. And to some degree, it sounds like the history of this law so far has been Democratic politicians basically writing them into the law, and then as they begin to come across them, like furiously writing them out of the law. So there are two big changes that happened in the deal.
Robinson Meyer:
And let’s break them out. So the first is around the state has now set a new target for its, to reduce its carbon emissions. The old target, as we’ve been talking about, was this 40% by 2030 goal. What is the new goal?
Emily Pontecorvo:
So that 2030 goal is actually still in place, but it no longer really has any teeth. And what the budget deal did was create a new interim target for 2040 to cut emissions by 60%. And it also created a new deadline for those regulations that we’ve been talking about, this most likely cap and invest program, that now has to be in place by the end of 2028.
Robinson Meyer:
Do we think the state is going to meet that target? I mean, it seems like it’s already kind of moved the deadline for itself. It’s part of the idea here that that will be in a new presidential year and, I guess, kind of offset from any gubernatorial election, I guess. And so therefore, the state will heroically actually commit itself to implementing the cap and invest plan that year.
Emily Pontecorvo:
That’s an impossible question, of course. But first of all, the state already has a blueprint. I mean, they were working on the cap and invest program for several years. And whether or not they actually get it across the finish line is a matter of how much pressure they’re facing from the environmental community. How the affordability landscape changes, the political landscape changes. In 2028, is worrying about affordability going to be as politically salient as it is at this moment? Will climate feel more urgent then or less? It’s hard to imagine less, but who knows?
Robinson Meyer:
Is there a date they have to get it up by in 2028? Is it literally December 31?
Emily Pontecorvo:
It’s December 31. So it’s 2029, essentially. Yeah.
Robinson Meyer:
And I would actually say that to some degree, Kathy Hochul’s already solved this problem once of, when do you implement a new tax that you have to implement? Because it’s a very similar story with congestion pricing, right? Like congestion pricing was supposed to go into effect in June of 2024. In some ways, she began soft peddling the cap and invest program at the same time she began soft peddling congestion pricing. There was way more uproar about soft peddling, congestion pricing, and ultimately it was implemented in that period of time between the end of a presidential election cycle and the inauguration of a new president. You know, downtown congestion pricing went into effect on January 3, 2025.
Emily Pontecorvo:
Right.
Robinson Meyer:
And if we assume that the cap and invest kicks in on December 31, 2028, the new statutory deadline, that would be very, very close to kicking
Robinson Meyer:
in basically during the exact same political window. So they moved the deadline. That’s one thing. The other thing they did was this accounting change around how the state law considers methane. Can you talk a little bit about that?
Emily Pontecorvo:
Yeah. So one of the things that made the New York climate law especially ambitious was they created in the law this rule that they were going to account for methane very differently than the way that almost any other state and most of the rest of the world does. And I’m sure listeners know, but like methane is another greenhouse gas. It’s much more powerful than carbon dioxide, but it doesn’t stay in the atmosphere as long. It breaks down more quickly. And so when you’re trying to kind of convert all greenhouse gases into sort of one number, a carbon dioxide equivalent, there’s different ways to do that. You can measure methane on its effect on the atmosphere on warming over a 20-year period, which will make it look very, very strong because it’s strongest during that period. Or you can measure it over a 100-year period. These are the sort of two common ways of doing it. And while much of the rest of the world uses the 100-year global warming potential of methane, New York was using the 20-year, which meant that all of New York’s methane emissions from landfills, from natural gas,
Emily Pontecorvo:
Those emissions had a much bigger effect on the state’s overall emissions. So it made the overall emissions seem higher on paper than if New York had used this other 100-year global warming potential. And there was actually a second thing that New York did that was unique, which is the state said, we’re not just going to account for the methane emissions that happen within our economy, within our borders. We’re also going to take ownership and take responsibility for methane from upstream from the natural gas that we use. So New York gets a lot of its natural gas from Pennsylvania, from West Virginia. And so New York is keeping on its own books the methane that’s leaks out of the drilling and pipelines and other infrastructure in those other states. And so the big change in the budget deal was one, that New York was no longer going to include those emissions upstream in its own ledger. And two, that it’s going to switch to this 100-year accounting global warming potential. And so those two things combined, it really just takes a lot of carbon dioxide equivalent, or it takes a lot of methane off of New York’s books and makes the distance between now and the 2030 goal look a lot smaller.
Robinson Meyer:
Stepping back, methane, as we’ve been saying, is a short-lived greenhouse gas. It’s extremely potent when it’s first released into the atmosphere, and then it quickly breaks down into carbon dioxide. And what’s interesting about it is that if you look at a molecule of methane, it is actually going to trap far more heat. So methane CH4, it will eventually kind of oxidize down and break down into CO2. A singular molecule, the carbon in a molecule of methane, is going to trap more heat. Over its lifetime as an emission in the atmosphere in its CO2 form than in its CH4 form. And that’s because CO2 is extremely long-lived in the atmosphere. Basically, methane lasts 20 years in the atmosphere or so. It has this somewhat unstable and changing rate of decay in the atmosphere, but it’s not going to last longer than 100 years. And then CO2 will last roughly 1,000 years in the atmosphere. It essentially has a geological time scale in the atmosphere. So methane’s going to matter way more later on as CO2. But as the U.S. energy system has come to rely more on natural gas, and therefore as methane emissions have gone up, because methane is the largest component of natural gas, there was an effort to basically, I want to say make the methane emissions look worse, but like.
Robinson Meyer:
Try to capture, I think the counter argument here was that like a lot of short-term warming seems to be coming from methane. And so therefore we should make methane look worse in the accounting than it might if we took a totally kind of apolitical, long-termist, geological accounting scale here. Because like what we want to do is make near-term methane emissions really painful, right?
Emily Pontecorvo:
Yeah, I think there’s two things. I think one is that it puts more urgency around near-term reductions because they can really go quite a ways in mitigating warming. I think also in New York, it was a choice around really wanting to focus on natural gas and getting natural gas out of New York’s economy. You know, New York is one of band fracking in 2014. Like it has this history of really strong activism against natural gas. And when you measure methane on a 20-year global warming potential, that really makes actions like, you know, switching to electric heating and electric stoves, like things like that, it makes them look, you know, way more powerful as options and builds more kind of political will around those types of actions.
Robinson Meyer:
In some ways, it basically builds into the law itself a higher tax rate for natural gas than for other forms of carbon emissions. And really, really presses harder on natural gas. I guess the risk here is that it winds up having climate policy do something that isn’t quite what climate policy is maybe necessarily designed to do, in that if you adopt GWP-20, my sense is it makes coal.
Emily Pontecorvo:
And now New York’s not at risk of building a coal plant soon,
Robinson Meyer:
But it makes coal look in some cases better than gas.
Emily Pontecorvo:
I think that there are tradeoffs. And, you know, if it’s a political choice to focus on natural gas mitigation. But, you know, the alternative that, you know, I wrote a story about this actually a couple of years ago because Kathy Hochul tried to do this in 2023. And there was a big uproar about it and it didn’t end up happening. But at the time when I spoke to folks about it, one thing that came up was like when you, you know, when methane doesn’t look as urgent or pressing, the state might focus on something like transportation. Right now in New York, buildings are like the biggest source of carbon emissions. After this accounting change, transportation will look like the biggest source of carbon emissions. So maybe there’ll be a big push to try to electrify vehicles and build more public transit. And in the long run, you know, mitigating those carbon emissions could be better because those will be in the atmosphere much longer than the methane. So, you know, there’s those trade-offs.
Robinson Meyer:
I’ve seen coherent philosophical arguments that when you judge natural gas on the basis of these extremely short-term warming effects versus how natural gas emissions net out long-term compared to carbon dioxide emissions, you wind up, is downplaying basically anthropogenic climate change itself. Because you go, you wind up shifting from a system where you’re saying what matters is CO2 driven warming over the long term to a system that says what matters is eliminating this one source of very potent oil and gas emissions and trying to drive them out of the system. And now there might be political economic reasons to want to fight near-term emissions from the domestic fossil fuel industry. But that is not the same thing as actually going out and trying to reduce carbon emissions.
Robinson Meyer:
And in some ways, it confuses the two tasks, perhaps.
Emily Pontecorvo:
I’ve spoken to scientists and other policy experts who would argue that we should have separate targets, that we shouldn’t just have one CO2 equivalent target for 2030, that we should have, we should look at like, you know, the timeline for reducing methane, the timeline for reducing CO2. I do want to just note this group at NYU did an interesting analysis of this change, the global warming potential change. And they looked at, you know, I think one of the reasons the governor wanted to do this is that it would kind of give New York a little more time. It would look like they were further along. It would maybe make mitigation look more affordable, what they found was that Even though this change reduces the distance between today and the 2030 target, it doesn’t necessarily mean meeting that target is cheaper because it all depends on like the marginal cost of abating each greenhouse gas and kind of how efficiently the policies are at doing that.
Robinson Meyer:
And so in other words, basically, it sounds like you could take the revenue from New York City’s cap and invest under the old system and go spend it entirely on mitigating upstream emissions basically in Pennsylvania. Where we get a lot of our gas from. And that would pay out really well. But now, am I interpreting this right? But now basically what has to happen is the state has to go in and use its revenue from its cap and invest program to like change this deep, industrial stock in the state, be it buildings or transportation or the power system. And because the state is kind of grading its report card accurately, it actually has to go where the carbon emissions are. And where the carbon emissions are is always going to be or often going to be like a very expensive change to the actual fixed investment in the state.
Emily Pontecorvo:
Yeah. I mean, I think the report didn’t come down, you know, definitively. It said like, you know, more data would be needed to know this for sure. But because methane has such a bigger effect, mitigating it also has a bigger effect. And so, you know, you would have gotten more bang for your buck with a focus on methane, potentially, than with a focus on carbon.
Robinson Meyer:
What’s your read about these two big changes? I mean, you’ve been covering, now, New York’s state-level climate law for a long time. These are two pretty significant changes to how the law works, although it sounds like a lot of the skeleton of the legislation has maybe been left intact. What have you taken away from covering this? And what relevance do you think New York’s experience has for other states or other countries that are trying to regulate carbon emissions?
Emily Pontecorvo:
In some ways, I feel like I have been kind of waiting and wondering if this moment would come for years now. I’ve covered state climate policy in a lot of different states over the past several years and none of them are on track. I mean, none of them, you know, are really going to hit their targets. And
Emily Pontecorvo:
I’ve been curious, you know, when those deadlines were nearing, would states move the targets? Would they speed up their, you know, policymaking? Would they wave the targets away and say, well, the numbers don’t matter as much as the fact that we’re doing something like I was curious to see how that would be handled. And so, you know, it’s not it’s not entirely surprising, but it is so the way that everything went down in New York is so tied to this particular moment we’re in where, I mean, the Trump administration has really taken away the option of building more renewable energy quickly. And that has made it very, very difficult for New York to make progress toward these targets and made the prospect of doing so more expensive. And so it’s partly the Trump administration. It’s partly just the huge political anxiety around affordability right now that have all kind of created these changes. You know, when I talk to people from my most recent story, there were some who were glad that there was at least new deadlines, like new, you know,
Emily Pontecorvo:
New York would have to get these regulations in place by 2028. The budget agreement does specifically note that cap and invest should be considered as part of that. Whereas, like, you know, the original climate law doesn’t say anything about cap and invest. That kind of came out of the scoping plan. So I think people are optimistic that things will happen. There’s plenty of other things that New York could be doing. There’s other types of laws New York could pass or regulations New York could do in the meantime.
Robinson Meyer:
You mean to reduce its emissions?
Emily Pontecorvo:
To reduce its emissions, to speed up permitting, to get more batteries on the grid. New York has been really, really slow with storage deployment. And so I’ll be looking to see... Are we just going to basically pause all climate policymaking until 2028? Or are they going to be able to get some things done in the meantime?
Robinson Meyer:
Well, and not only that, but there was a recent transmission reliability report from New York, New York’s ISO, our state level grid, that basically said, starting potentially quite soon, but starting officially on paper, I think, as soon as 2029, that New York City doesn’t have enough capacity to meet its security margin, basically the amount of electricity that it projects it might need in an emergency to meet a summer weather event. And what this means is like what we’re going to be pulling up with barges connected to the grid that have diesel gensets on them on the hottest days of the year.
Emily Pontecorvo:
Well, what it really means is I think that some diesel gensets that were supposed to be retired by then will be kept online longer. So yeah, that’s not ideal. But I mean, there has been a proposal in New York for a long time to replace some of those peaker plants with batteries, with storage. And that has really not gone anywhere. So I think there is potential to get at that reliability need another way, but we’ll see if that happens.
Robinson Meyer:
Last question. This is not the only energy news to emerge from the New York State House this week. I think there were a few utility level changes or changes to utility level regulation that were passed in the state budget deal. Can you describe them to us really quickly?
Emily Pontecorvo:
Yeah, there were a couple other things. So the governor has this ratepayer protection plan where she included a bunch of policies to try to reform utilities and put a much bigger focus on affordability in the whole rate making process. So this includes like tying executive pay at utility companies to new affordability metrics, some reforms to the process of when utilities ask for rate hikes and requiring added justification over the necessity of those hikes, more scrutiny over the way that they’re spending money on lobbying and PR campaigns and things like that. And then there’s this new energy affordability index where the state is going to sort of benchmark its performance against other states. And, you know, kind of any time a utility asks for a rate hike, look at how that would impact the state’s index.
Robinson Meyer:
Well, we look forward to following that more. Well, you know, two more years until the state begins to enforce its cap and invest rules, allegedly now under the law. That means we have two more years to keep having these conversations, Emily. Thank you so much for joining us on Shift Key. I’m looking forward to them.
Emily Pontecorvo:
Thanks for having me.
Robinson Meyer:
Thanks so much for listening we’ll be back soon with a new episode of Shift Key. Until then, Shift Key is a production of Heatmap News. Our editors are Jillian Goodman and Nico Lauricella. Multimedia editing and audio engineering is by Jacob Lambert and by Nick Woodbury. Our music is by Adam Kromelow. Thanks so much for listening, we’ll see you soon.
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The Trump administration has asked a court to re-examine a key permit for Revolution Wind in Rhode Island.
This is Heatmap Daily, an evening news digest written by our executive editor. Subscribe here.
Updated, 11:05 p.m. ET
At the end of the day, the biggest threat to the bipartisan permitting deal probably isn’t green groups, the fossil fuel industry, or monopoly utilities. It’s President Trump himself.
The legislative proposal is meant to constrain the president from tampering with clean energy projects — and if it passes, then some of its provisions seem like they could do so. But in order for it to pass, Trump must adhere to the deal that he brokered with the bill’s Senate Democratic negotiators, Sheldon Whitehouse of Rhode Island and Martin Heinrich of New Mexico.
Under that deal, the Trump administration must allow the 30 wind farms held up by what is normally a Department of Defense box-checking exercise to proceed. (Trump himself agreed to allow these projects to move forward, according to Politico reporting from last month.) More broadly, the administration has to make a show of good faith that it will return to what Whitehouse has called “regular order” on wind and solar permits. That could include approving a longer list of more than 200 onshore wind projects held up in the queue.
That somewhat informal deal is now facing its biggest test yet. On Friday, the Department of Justice filed a motion in court to re-examine a key permit granted to Revolution Wind, a nearly complete offshore wind farm being built off the coast of Rhode Island. The filing was first reported by Bloomberg.
Revolution Wind is one of six Biden-era offshore projects that is now operating or at least still moving forward. It could eventually produce as much as 700 megawatts of electricity. (Other offshore wind projects have accepted Trump’s $4 billion payouts.)
This isn’t the first time that the Trump administration has gone after this particular offshore project: The White House fought, and then resoundingly lost, an effort to stop work on Revolution Wind last year. But the timing of the filing — and the fact that it’s happening in Senator Whitehouse’s backyard — could make this filing far more significant.
In a post on X, the White House energy official Jarrod Agen seemed to play down the legal move without fully disowning it.
“This is an old lawsuit brought by the local community—who had serious concerns about this project—against the Biden Administration!,” he wrote. (The lawsuit in question was filed by Green Oceans, an anti-wind-energy group. Its law firm has what The New York Times described as “close ties” to the conservative legal movement.)
The White House still supports permitting reform, Agen added, adding that “the media should stop their attempts to blow up a GREAT deal for the American people!”
Sorry, Jarrod — we’re just doing our job. After we initially published this story, Senators Whitehouse and Heinrich sent a joint statement: “Frankly, we need to get permitting certainty in law, and this proves it,” they said. “In the meantime, the administration needs to start showing good faith progress on wind permits.”
A bipartisan group of senators proposed major reforms to the country’s environmental laws last month in an effort to speed up the federal approval process for energy projects of all kinds. If it passes, one of the Bipartisan American Affordability and Jobs Act’s biggest changes would be transforming the U.S. court system’s role in federal environmental reviews.
The bill would constrain who can challenge federal environmental decisions in court, which courts can hear those challenges, what plaintiffs can argue in those cases, and what remedies are available when the plaintiffs win. In particular, it would become a lot more difficult — though not impossible — for outside groups to stop construction on a project or vacate a permit if they deemed it to be environmentally risky.
Part of the motivation for the bill, at least among Democrats, is the idea that the National Environmental Policy Act, or NEPA, has become a significant obstacle to building clean energy projects and the infrastructure required to connect them to the grid. The bill includes a number of changes to NEPA that would expedite environmental reviews and prevent legal challenges under NEPA from dragging out project timelines.
But the bill’s restrictions on judicial remedies may be the most significant change, several legal experts told me. “My perhaps overly simplistic view, perhaps a really cynical view, is that the remaining 100 pages of the bill devoted to NEPA are all going to be irrelevant in light of that remedy provision,” said Matthew Littleton, a lawyer who previously served as deputy assistant attorney general at the U.S. Department of Justice’s Environment and Natural Resources Division under the Biden administration.
NEPA is an information-gathering statute. It says that when the federal government makes certain decisions, such as issuing permits or regulatory rules, it must consult with all of the agencies with relevant expertise, invite public comment, and, if the decision could have significant effects on the environment, conduct a wide-ranging assessment of those effects that includes comparisons to alternative actions.
Depending on the decision at hand, the government may have to do some of this analysis under other environmental laws, such as the Clean Air Act and Clean Water Act, but those requirements are narrower. NEPA fills in the gaps. While a Clean Air Act analysis may look at whether a project complies with federal pollution limits, a NEPA analysis would assess the broader effects of the pollution on local communities and surrounding wildlife, and consider whether locating the project elsewhere could accomplish the same goals with reduced risk.
While NEPA can inform an agency’s decision, the law does not require the agency to act on that information. If a NEPA review of an oil leasing program turns up substantial risks, for example, the government can still move forward with it unchanged. If an environmental group sues the government for not considering all of the relevant impacts, or studying enough alternatives, or getting some aspect of the analysis wrong, however, the court can vacate the agency’s decision, or at least issue an injunction on the lease sale while the agency addresses the issue.
A Supreme Court decision last year already significantly narrowed NEPA, giving agencies more discretion to decide how much environmental analysis they need to do on a project’s upstream and downstream effects. Experts expected the ruling to make it much harder for outside groups to win an injunction on a project or vacate a permit.
The new bill would go much farther. If communities or other stakeholders sue the government for violating NEPA and win, the courts could no longer issue an injunction or vacate the government’s decision. The bill would leave the courts with a single remedy: forcing the agency to address whatever gap in its analysis the lawsuit revealed.
To Littleton, this change would make NEPA more or less irrelevant. Today, he explained, agencies and developers face the risk that if they do not do a thorough job complying with NEPA, the courts could suspend their decisions, vacate their permits, or pause construction on their projects. It’s hard to know how big of a role that risk plays in agency decision-making, but if it disappears, so too does the incentive for anyone to spend time on a NEPA analysis.
Agencies are under-resourced and have a lot on their plates, Littleton said. “If at the end of the day you know a court is not going to stop you, even if you completely ignore the statute, you’re going to take the action as quickly as you can, consistent with your other obligations.” In other words, the worst that could happen is that a federal court tells the relevant agency to go back and do some more paperwork while construction continues.
The bill would make the same changes to the National Historic Preservation Act, a similar procedural law that requires agencies to study a decision’s effects on properties of cultural or historic significance. “If Congress has decided that NEPA and the NHPA have outlived their usefulness or do more harm than good, people should be willing to own that and say it and explain why that’s so,” Littleton said. “And if it’s not so, then maybe they need to figure out how to have a far narrower NEPA or NHPA review, but something where it actually matters if you don't do it.”
To be clear, none of this means there will be no way to stop a project from being built or to vacate its permits. Outside groups can still challenge agency actions under the Administrative Procedure Act, Alex Mechanick, an assistant professor at Johns Hopkins and a former senior counselor in the Office of Management and Budget under the Biden administration, told me. The APA is a larger umbrella law that says agencies cannot violate the Constitution or federal regulations or act arbitrarily or capriciously.
“Arbitrary and capricious action is already unlawful under the APA and could lead to agency action being vacated or enjoined regardless of BAAJA,” Mechanick said. A court might find that an agency violated the APA if a decision had undeniably worse environmental costs than benefits, if a less damaging option offered the same benefits, or if the agency simply chose not to analyze a relevant aspect of the decision. If the Interior Department was considering a new oil and gas leasing plan and didn’t consider effects on local wildlife, a court might deem that arbitrary and capricious. If the agency studied those effects, found significant risks, and then ignored them entirely with no explanation, that could also constitute a violation of the APA.
Littleton didn’t disagree with Mechanick’s assessment. If the bill passes, he said, the NEPA process may become the mechanism agencies use to comply with the APA rather than an end in itself.
The bill makes a more far-reaching change to legal challenges under the Clean Water Act. That law requires developers to secure a Section 404 permit when their project involves placing dredged materials into a body of water or wetland. It asks the Army Corps of Engineers to collect public comments, analyze the environmental impacts, and evaluate alternatives — much like NEPA. In this case, however, the analysis is not just procedural. Depending on what it reveals, the Corps may be legally required to deny the permit.
As with NEPA and the NHPA, the Senate bill would remove a federal court’s ability to vacate a Section 404 permit if it finds a deficiency in the Army Corps’ analysis. But the bill also specifically prevents vacatur for challenges under the APA. In either case, there is an exception for if the court finds that the “activities authorized under the permit would present an imminent and substantial danger to human health or the environment.”
Mechanick called this a “timing rule,” since the court’s options will depend on how far along the project is. The agency either has enough time to act before harm is imminent, or it doesn’t. “I don’t understand why you should have to wait until the harm is imminent to enjoin the agency,” he said, “but I suppose the idea is that this is a lighter touch remedy until it’s really a do-or-die moment.”
On Korea’s Westinghouse wishes, a lithium deal, and British heat pumps
Current conditions: New York City’s temperature is set to rise as high as 80 degrees Fahrenheit this week before plunging as the coldest weather so far this season blows into the Northeast • Temperatures in Denver have been above 80 degrees for the past 11 days straight • Nearly 200,000 households, mostly in Florida, are still without electricity after Hurricane Isaias.
In theory, news of President Donald Trump’s deal with Russia to pump millions of tons of diesel into the global market should have eased oil prices. Instead, all three major crude benchmarks spiked Monday by nearly 1.5%. Only West Texas Intermediate, the U.S. metric that has largely evaded the worst knock-on effects of conflict in the Middle East, remained below $100 per barrel. The hike came as the Houthi attacks on Saudi Arabia over the weekend weighed heavily on investors’ minds, eclipsing whatever impact the diesel deal could have had.
Speaking at an industry summit in Riyadh, from which executives from Western oil majors bowed out at the last minute following missile strikes on the airport in the Saudi capital, the head of the country’s state oil company warned that not even Saudi Arabia had the capacity to protect all the supply routes off its coasts for getting hydrocarbons from the region to the world. “No nation, even one as capable and confident as ours, can safeguard them alone,” Aramco CEO Amin Nasser said, according to Arab News.
TotalEnergies took more than $1 billion from the Trump administration to kill off its offshore wind projects. But don’t take that as a sign the French energy behemoth is abandoning American renewables. The company’s joint venture with private equity giant KKR announced a deal to add 700 megawatts of solar to its portfolio of 1.4 gigawatts. The $1.2 billion acquisition includes three utility-scale solar farms in Texas and Ohio that are expected to reach commercial operation in the first quarter of next year.

South Korea is in a bind. The Korea Electric Power Corporation, through its subsidiary Korea Hydro & Nuclear Power, represents the most competent financier and builder of nuclear reactors anywhere in the democratic world, having constructed the United Arab Emirates’ debut atomic power stations relatively on time and on budget compared to U.S., French, and British projects. But the leading Korean reactor, the APR1400, allegedly borrowed from the American nuclear champion Westinghouse’s pressurized water reactor design. A yearslong legal feud ended last year with a settlement that bars the Koreans from bidding on projects in Europe or North America. In a deal this month with the Trump administration to stave off tariffs, Seoul has agreed to help finance and construct six Westinghouse AP1000s and two of its own APR1400s in the U.S., giving the Americans a leg up on nuclear construction and the Koreans a foothold in North America.
In South Korea, where the Westinghouse settlement has widely been considered unfair, the government is signaling other plans to gain more leverage. For starters, KEPCO’s chief executive Kim Dong-cheol said the claim that the settlement requires the company to pay Westinghouse $2 billion per nuclear plant to use its technology was misunderstood. “It is true that $2 billion is the ceiling, but it does not mean we will pay all of it,” he said. But the more eyebrow-raising detail in his interview with the financial newspaper Business Korea is that KEPCO is considering a plan to acquire an equity stake of between 5% and 10% in Westinghouse. Rumors of a potential deal to buy part of Westinghouse have been circulating in the Korean press for weeks now. Anything seems to be on the table these days, but when I have asked multiple sources on the U.S. side about it, all of them shrugged off the possibility to me.
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When The New York Times ran a glowing profile of the lithium startup EnergyX back in 2021, industry sources at the time mocked the coverage to me as too credulous — a sign of how unsophisticated the popular American press was at writing about critical minerals at the time. The Wall Street Journal glazed the firm’s chief executive, Teague Egan, in its own profile three years later. So it was with light surprise and amusement that I read Reuters reporter Ernest Scheyder’s latest story about the company: EnergyX just signed a $2 billion binding offtake to supply the commodities giant Trafigura with the battery metal from Chile and the U.S. It’s one of the largest deals ever tied to direct lithium extraction, the technology EnergyX is trying to commercialize, which uses less water than standard methods of mining the metal. The 10-year contract comes amid growing demand from the stationary battery storage market as the grid and data centers eat what unsteady sales of electric vehicles has left on the plate.
The British government plans to cut hundreds of millions of dollars from the national program to upgrade boilers in England and Wales, providing £9,000, or nearly $12,000, to finance the switch to heat pumps. The cuts, which the Financial Times reported Monday had drawn a backlash against the ruling Labour Party, are part of a broader bid by Prime Minister Andy Burnham to slash £2 billion in the budget to make way for more military spending. The reductions began in June under former Prime Minister Keir Starmer with a study to identify potential cuts. Starmer singled out the Department of Energy Security and Net Zero, particularly after the agency received a 16% annual increase to fund projects such as the nuclear buildout at Sizewell C, carbon capture infrastructure, and insulation to make homes more energy efficient.
The move is sure to ripple across the climate policy world. Roughly a week ago, Daniel Aldana Cohen, an assistant professor at the University of California at Berkeley, was extolling the benefits of ramping up U.S. production of heat pumps in response to soaring heating prices this winter due to the fossil fuel supply crunch. “Every year that we don’t do a wartime mobilization on heat pumps, we’re ruining people’s lives,” the early advocate of a Green New Deal wrote in a post on X. “Heat pumps will always outperform heating oil, cut costs, add summer AC. And would be fantastic for labor, small businesses, worker co-ops.”
As quickly as a spark of atmospheric electricity strikes, the Ford F-150 Lightning disappeared, with the final model of the all-electric pickup truck rolling off the assembly line last year. Now, Bloomberg reports, “it has become one of the most coveted cars in America and a glowing ember in the red-hot market for used electric vehicles.” The price of a used Lightning is 50% to 60% of the sticker price, which one expert told the newswire “is really a sweet spot.”