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The tension between the two GOP energy philosophies — one admitting renewables, the other firmly rejecting — could tank a permitting reform deal.

The fate of a House GOP permitting deal stands on a knife’s edge.
During a dramatic vote on the House floor Tuesday, far-right Republicans and opponents of the offshore wind industry joined with Democrats in a nearly-successful attempt to defeat a procedural vote on the SPEED Act, a bill to streamline implementation of the National Environmental Policy Act.
Speaking with reporters off the House floor, GOP lawmakers said that the bill — which has the backing of both the oil and gas sector and some large trade groups that represent renewables companies — faced opposition from a handful of Republicans over language that would block the federal government from rescinding previously-issued permits for energy projects. The tactic is one Trump has used repeatedly to stymie offshore wind projects. Republican hardliners feared that a future version of the deal would take that language further, restricting the president’s power to stall solar and wind permit applications through extralegal bureaucratic delays.
The vote to consider SPEED ultimately passed with a margin of 215 to 209 votes, with two Republicans — Representatives Anna Paulina Luna and Christopher Smith — voting no. Though the bill is alive for now, the outcome casts a pall over the prospects for any permitting deal this Congress because, as Heatmap’s reporting has made clear, there is little shot of a grand deal on NEPA reform without exactly the sort of executive power restrictions Republican objectors feared.
That the bill nearly came up short also illustrates a shift in the GOP’s thinking on energy policy that has gone largely unnoticed. Vestiges of the party remain committed to the philosophy of “all of the above,” but the new generation of lawmakers is more likely to be anti-renewables at all costs. Combined with today’s hyper-partisan environment and narrow majorities in both chambers, that tension makes legislating on energy almost impossible.
Republicans used to approach energy policy in a laissez faire, let-a-thousand-flowers bloom fashion. This fuel-type agnosticism characterized Republicans’ approach to energy policy under the first Trump administration, as well as during the Biden era. Former House Speaker Kevin McCarthy repeated the “all of the above” mantra to nudge his party closer to anything resembling a climate policy, and subscribed to the idea that any permitting deal would have to benefit all types of energy projects.
The SPEED Act closely resembles a McCarthy-era approach to energy policy: just make everything go faster.
It is true that the bill would bind the hands of the executive in some ways, requiring them to get consent from the project developer in order to voluntarily vacate a previously-issued NEPA approval. If someone sued the government because they believed a NEPA approval was invalid and got a federal court to agree, the judge overseeing the case would be barred from immediately vacating the approval or issuing an injunction on construction. This is a big reason why the oil and gas industry supports the bill, as it’s a way to shield the sector from environmentalists filing lawsuits against fossil-based extraction and fuel transportation projects (e.g. pipelines).
But there’s a small irony in the SPEED Act spinning out over offshore wind concerns, which is that if it were enacted today, not even its supporters think it would actually stop the administration from messing with wind projects. As pro-fossil pundit Alex Epstein noted on X, the bill would only limit the president’s authority to revoke approvals under NEPA. It would do nothing to erode presidential power under any other statute, including another one of the administration’s favorite tools against offshore wind, the Outer Continental Shelf Lands Act.
I spoke with two separate energy industry attorneys who confirmed this interpretation. “It would be welcome for whatever the next administration would look like,” Peter Whitfield, a partner at Sidley Austin who works on energy projects, told me of the SPEED Act. “It might not be helpful now.” The bill’s clean energy backers are looking at the legislation as a “long range” play, he said: “They’re not looking at year one, two, three — they’re looking at years eight and after. I think that’s why there is so much enthusiasm in the renewable energy space for reform.”
Another attorney, who requested anonymity because they did not have permission from their firm, confirmed that the bill would stop the Trump administration from exploiting NEPA in the future, but said that nothing in the legislation requires agencies to move forward on energy projects.
It’s that eight-years-from-now future that seems to have the anti-renewables conservative wing in Congress worried. The House is expected to vote on the SPEED Act as soon as tomorrow, but lawmakers will first consider amendments offered by the Republicans who nearly killed the bill, including one that would explicitly bar offshore wind projects from benefiting under any of its NEPA changes.
If those amendments fail, the odds of final House passage are uncertain, although some Democrats who voted against the procedural motion may wind up voting for the final bill. If they succeed and the bill moves to the Senate, Democrats aim to add new ideas on transmission and the renewables permitting freeze that may upset frazzled Republicans even more.
“We would expect that senators wouldn’t endorse a House product,” Frank Macchiarola, chief advocacy officer for American Clean Power, told me in an interview last week. Macchiarola said the language in the House bill “goes a long way towards addressing the problem” of Trump’s war on renewables permits, but that it is “not a perfect product,” though he declined to speak on the record about what would get it closer to ideal. If I had to guess, I’d say that senators will try to provide new avenues for companies to compel an end to the review process, whether through legal challenges or other means of protest.
In other words, grab your popcorn — more drama is coming.
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Deep cuts to the department have left each staffer with a huge amount of money to manage.
The Department of Energy has an enviable problem: It has more money than it can spend.
DOE disbursed just 2% of its total budgetary resources in fiscal year 2025, according to a report released earlier this year from the EFI Foundation, a nonprofit that tracks innovations in energy. That figure is far lower than the 38% of funds it distributed the year prior.
While some of that is due to political whiplash in Washington, there is another, far more mundane cause: There simply aren’t that many people left to oversee the money. Thanks to the Department of Government Efficiency’s efforts, one in five DOE staff members left the agency. On top of that, Energy Secretary Chris Wright shuffled around and combined offices in a Kafkaesque restructuring. Short on workers and clear direction, the department appears unable to churn through its sizable budget.

Though Congress provides budgetary authority, agencies are left to allot spending for the programs under their ambit, and then obligate payments through contracts, grants, and loans. While departments are expected to use the money they’re allocated, federal staff have to work through the gritty details of each individual transaction.
As a result of its reduced headcount, DOE’s employees are each responsible for far more budgetary resources than ever before.
“DOE is facing its largest imbalance in its history,” Alex Kizer, executive vice president of EFI Foundation, told me. In fiscal year 2017, DOE budgeted around $4.7 million per full-time employee. In the fiscal year 2026 budget request, that figure reached $35.7 million per worker — about eight times more.
Part of that increase is the result of the unprecedented injection of funding into DOE from the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act. The pair of laws, which gave DOE access to $97 billion, comprised the United States’ largest investment to combat climate change in the nation’s history.
The epoch of federally backed renewable energy investment proved to be short-lived, however. Once President Trump retook office last year, his administration froze funds and initiated a purge of federal workers that resulted in 3,000 staffers (about one in five) leaving DOE through the Deferred Resignation Program. The administration canceled hundreds of projects, evaporating $23 billion in federal support.
While the One Big Beautiful Bill Act passed last summer depleted some of the IRA’s coffers and sunsetted many tax credits years early, it only rescinded about $1.8 billion from DOE, according to the EFI Foundation. Much of the IRA’s spending had already gone out the door or was left intact.
This leaves DOE in a strange position: Its budget is historically high, but its staffing levels have suffered an unprecedented drop.

Even before the short-lived Elon Musk-run agency took a chainsaw to the federal workforce, DOE struggled to hire enough people to keep up with the pace of funding demanded by the IRA’s funding deadlines. The Loan Programs Office, for example, was criticized for moving too slowly in shelling out its hundreds of billions in loan authority. According to a report from three ex-DOE staffers that Heatmap’s Emily Pontecorvo covered, the IRA’s implementation suffered from a lack of “highly skilled, highly talented staff” to carry out its many programs.
“The last year’s uncertainty and the staff cuts, the project cancellations, those increase an already tightening bottleneck of difficulty with implementation at the department,” Sarah Frances Smith, EFI Foundation’s deputy director, told me.
One former longtime Department of Energy staffer who asked not to be named because they may want to return one day told me that as soon as Trump’s second term started, funding disbursement slowed to a halt. Employees had to get permission from leadership just to pay invoices for projects that had already been granted funding, the ex-DOE worker said.
While the Trump administration quickly moved to hamstring renewable energy resources, staff were kept busy complying with executive orders such as removing any mention of diversity equity and inclusion from government websites and responding to automated “What did you do last week?” emails.
On top of government funding drying up, Kizer told me that the confusion surrounding DOE has had a “cooling effect on the private sector’s appetite to do business with DOE,” though the size of that effect is “hard to quantify.”
Under President Biden, DOE put a lot of effort into building trust with companies doing work critical to its renewable energy priorities. Now, states and companies alike are suing DOE to restore revoked funds. In a recent report, the Government Accountability Office warned, “Private companies, which are often funding more than 50 percent of these projects, may reconsider future partnerships with the federal government.”
Clean energy firms aren’t the only ones upset by DOE’s about-face. Even the Republican-controlled Congress balked at President Trump’s proposed deep cuts to DOE’s budget in its latest round of budget negotiations. Appropriations for fiscal year 2026 will be just slightly lower than the year before — though without additional headcount to manage it, the same difficulties getting money out the door will remain.
The widespread staff exit also appears to have slowed work supporting the administration’s new priorities, namely coal and critical minerals. LPO, which was rebranded the “Office of Energy Dominance Financing,” has announced only a few new loans since President Biden left office. Southern Company, which received the Office’s largest-ever loan, was previously backed by a loan to its subsidiary Georgia Power under the first Trump administration.
Despite Trump’s frequent invocation of the importance of coal, DOE hasn’t accomplished much for the technology besides some funding to keep open a handful of struggling coal plants and a loan to restart a coal gasification plant for fertilizer production that was already in LPO’s pipeline under Biden.
Even if DOE wanted to become an oil and gas-enabling juggernaut, it may not have the labor force it needs to carry out a carbon-heavy energy mandate.
“When you cut as many people as they did, you have to figure out who’s going to do the stuff that those people were doing,” said the ex-DOE staffer. “And now they’re going to move and going, Oh crap, we fired that guy.”
Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”
And more of the week’s top fights around development.
1. Berkeley County, South Carolina – Forget about Richland County, Ohio. All eyes in Solar World should be on this county where officials are trying to lift a solar moratorium.
2. Hill County, Texas – We have our first Texas county trying to ban new data centers and it’s in one of the more conservative pockets of the state.
3. Sussex County, New Jersey – A town in north Jersey rapidly changed course from backing a new data center to outright banning all projects.
4. Porter County, Indiana – The Chicago ex-urb of Valparaiso is significantly restricting data centers too, after pulling the plug on a large project under development.
5. King County, Washington – It’s Snoqualmie vs. the energy sector right now, as the new poster child for battery backlash bans BESS in its borders.