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The Senate approved a House resolution using the Congressional Review Act to allow a mining operation near Minnesota’s Boundary Waters wilderness area.

In a 50-49 vote on Thursday, the Senate approved opening a national forest just outside the Boundary Waters Canoe Wilderness Area in Minnesota to a copper-nickel mining operation, a move that environmentalists and conservationists say will pollute the downstream watershed and set a precedent for future rollbacks on protected public lands.
The upper chamber’s decision follows a near-party-line House vote in January and months of subsequent protests, op-eds, and pleas to senators to preserve the wilderness expanse and recreation area. The level of mobilization has been reminiscent of the early days of the second Trump administration, when public outrage erupted against the efficiency department’s gutting of the beloved National Park Service. This time, the focus was on House Joint Resolution 140, which had made its way onto a Senate calendar already crowded with debates over funding for the Department of Homeland Security and the limits of war powers.
The Boundary Waters is America’s most heavily visited wilderness area, supporting an estimated $16 billion recreation-based economy in the region. Minnesota’s Democratic Senator Tina Smith, who held the floor on Wednesday night in protest of revoking the protections, said that a poll by her office found that 70% of residents in the state believe preventing pollution from the mine should be a top priority for their elected officials.
Democratic presidents had managed to stave off the copper-nickel mining operation on the Boundary Waters’ doorstep for almost 20 years by way of a mineral withdrawal. Then, this winter, the House utilized the Congressional Review Act to reopen consideration of the withdrawal. With Thursday’s vote, Senate Republicans handed a victory to the Chilean mining company Antofagasta and its subsidiary, Twin Metals Minnesota, which has a plethora of connections to Trump administration officials. President Trump is expected to sign the bill. (Twin Metals did not respond to a request for comment.)
Because of the use of the CRA, though, it wasn’t just the fate of the Boundary Waters watershed that was decided swiftly — and perhaps permanently — on Thursday, just days before the 60-day clock would have expired. The vote is “the tip of the spear in terms of setting a precedent,” Ingrid Lyons, the executive director of Save the Boundary Waters, had told me prior to the Senate’s vote.
Justin Meuse, the government relations director at The Wilderness Society, was even more direct when I spoke to him last month. “I can’t stress enough how much it’s freaking us out,” he said.
The Congressional Review Act was originally a bipartisan bill passed in 1996 as a mechanism for the legislative branch to oversee agency rulemaking. The law requires that federal agencies submit final rules to Congress and, in doing so, triggers a 60-day window for the House and Senate to pass a joint resolution of disapproval of those rules via a simple majority. If the president signs the resolution, then the agency’s rule is void, and the agency is further barred from issuing a “substantially similar” rule in the future.
“It wasn’t used for a long time, and people thought it was dead,” Susan Dudley, the former director of the George Washington University Regulatory Studies Center, told me of the CRA. “Then people, including me, said, ‘Okay, the only time we’ll be seeing it used is during transitions, so an incoming president of a different party or with different policy preferences can undo last-minute regulations of the prior president” — so-called midnight regulations such as a Clinton-era Occupational Safety and Health Administration rule that would have established ergonomic protections for workers, and that Congress and President George W. Bush blocked in early 2001.
Opponents had taken to calling the CRA “secretive,” “archaic,” and “obscure.” Then, during the first Trump administration, Republicans passed 15 joint resolutions of disapproval to void late-term Obama rules that would have established fair pay, mandated recordkeeping on workplace injuries, and environmental protections, among other lefty goals. The Biden White House also used the mechanism against three Trump-issued rules — including one that loosened methane emission limits —and paced its own rulemaking with the ticking CRA clock in mind.
Under Trump 2.0, Republicans have stretched the CRA’s deregulatory powers. In defiance of the Senate Parliamentarian last year, conservative members of Congress used the CRA to overturn a waiver that allowed California to preempt the Clean Air Act by setting its own stricter-than-federal emissions standards for cars and trucks. Opponents were outraged. A “waiver” is a state- and site-specific authorization, they argued, distinct from agency “rules” as defined by the CRA.
Most alarming to conservationists, though, is the fact that Republicans are now using the CRA to attack public land protections in myriad ways. Congress has already used the act to target resource management plans, which are the Bureau of Land Management’s guidelines for allowable land use ranging from oil and gas leases to renewable energy rights-of-way. Last summer, the Government Accountability Office determined that an RMP banning coal leases across millions of acres of eastern Montana counted as a “rule,” a determination that Dudley told me was in keeping with the original intent of the CRA, which defined “rule” expansively. But it also created a loophole that allows Republicans to submit any RMPs enacted since the CRA became law in 1996 for consideration by the GAO. Each time they do so, it resets the 60-day clock to submit a resolution of disapproval, even if the resource management plan was established decades ago.
“We literally have hundreds of land use plans that have been finalized over the last 30 years,” John Ruple, a research professor of law at the University of Utah’s Wallace Stegner Center for Land Resources and the Environment, told me. “The fact that none of those were submitted to Congress — even though Congress had these GAO opinions in front of them that said, ‘Yeah, technically, these are probably rules,’ they never objected. I think that should tell us something: RMPs were meant to be treated differently.”
In the case of the Boundary Waters, the CRA voids a 20-year-old withdrawal of watershed lands from mineral leasing, which the BLM finalized in 2023 but only submitted to Congress earlier this year.
Though many of the conservationists I spoke to argued that a mineral withdrawal doesn’t qualify under the CRA to begin with because it’s not federal rulemaking, Todd F. Gaziano — who served as the chief counsel of the subcommittee on regulatory affairs during its passage in 1996, and was the primary staffer who drafted the final version of the legislation — disagreed. He told me that CRA was always intended to have a broad mandate in order to prevent circumvention by agencies — say, by issuing “guidance” rather than a formal “rule.” As Gaziano put it to me, “If people outside government care about it, and it’s an agency statement that’s going to have a future effect, that sounds like a rule covered by the Congressional Review Act.”
Ruple stressed to me that focusing on what is or is not a rule misses the greater point. Whether it’s legal or not, using the CRA to undo land management plans is a “really bad idea,” he said. “It’s really dangerous, it’s really destabilizing, and it injects tremendous uncertainty into the land management process.”
A major concern is that, because of the CRA’s provision barring a federal agency from issuing a “substantially similar” rule in the future, a resolution of disapproval effectively salts the earth behind it. “It’s a sledgehammer rather than a tool to tweak a regulation that Congress might think should be better,” is how Dudley, the former Regulatory Studies Center director, put it to me. That’s also Ruple’s point — there are many other avenues Congress can pursue if it disagrees with an agency, from sending letters to calling in staff to testify, before the nuclear option of the CRA.
Nevertheless, there are fears about what Republicans in Congress will target next — the party appears poised to test the CRA against a national monument. Republican Representative Celeste Malloy and Republican Senator Mike Lee, both of Utah, introduced a joint resolution to undo the Grand Staircase-Escalante National Monument Management Plan under the CRA after getting the GAO’s go-ahead this winter. “It’s a really big escalation to go from knocking off land‑management plans versus tackling a national monument,” Steve Bloch, the legal director of the Southern Utah Wilderness Alliance, told me earlier this year. “There are lots of monument management plans in the country that would be at risk if this one falls.”
There will likely be a regrouping in the aftermath of Thursday’s defeat on Boundary Waters to reconsider how to protect public lands. Jim Pattiz, a co-founder of the website and public lands newsletter More Than Just Parks, told me ahead of the vote that he expected a lawsuit to follow in short order if the vote didn’t go conservationists’ way. “Hopefully they can get an injunction, they can get a class action, and at least put a hold on this, and it can play out in courts,” he said.
But Ruple seemed to believe the crisis is even more existential — not just a case of micromanaging, but a sign of how far the legislative branch has drifted from its intended purpose in the name of party politics. “Congress can’t even pass a budget. Do we really expect them to delve into the minutiae of hundreds of land management plans?” he said.
Gaziano had a different take: “Congress may not want responsibility,” he argued, “but it’s got it.”
As the Boundary Waters vote makes clear, though, even tremendous outcry isn’t enough to sway this Congress from its attack on public lands. “I don’t want to speculate, but I’m not sure what type of action they’re going to go after next because it keeps getting more and more granular,” Meuse, of The Wilderness Society, said. “It really does seem like, as long as there is a willing majority in both chambers, there isn’t an end in sight.”
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Jason Fenske loved his Lucid. Or at least, the idea of it.
Fenske is the proprietor of the influential Engineering Explained channel on YouTube, which digs into the mechanical minutiae of both combustion and electric vehicles. While he regularly test-drives all sorts of cars, Fenske last year bought himself a Lucid Air, the big, beautiful sedan from the California EV startup.
The choice was no surprise. Fenske called the Air “one of the most impressive feats of engineering in the automotive world.” Technologically, it is indeed a car without compromise. Despite delivering 600-plus horsepower and a 0-60 mph time of barely more than 3 seconds, it was also the most efficient car in America, a fact that helped push its driving range above 400 miles per charge. But after a year of Fenske’s Air struggling with seemingly incurable software glitches, the company bought back his car and gave him a long-term loan of the Gravity, its new electric SUV. When that, too, suffered software bugs, he finally moved on to a Ford.
The episode encapsulates what has been a trying time for the automaker. Alongside Tesla and Rivian, Lucid looked to be the third successful EV startup to spring out of California. Tesla, once it overcame the trials of “manufacturing hell” to produce the Model 3 and Model Y, seized control of the American EV market and has yet to let go. Rivian, buoyed through the bad years by investments from the likes of Volkswagen and Amazon, appears poised to reach a sustainable future now that the more affordable R2 is out and thriving. Lucid, though, is stuck in an earlier stage in startup evolution — reportedly burning through cash as it struggles with both the software side of its vehicles and with the state of the U.S. EV market. The mood grew so grim this summer that the company announced a full operational reset to try to restore investor confidence, which included CEO Peter Rawlinson, formerly the man in charge of the Tesla Model S, stepping down.
Things started off much more promising in 2021, when the Air established Lucid as the efficiency nerd’s EV. Today, the rear-wheel-drive version gets the equivalent of 146 miles per gallon — tops in the U.S., and good enough for the Air to get 420 miles of range. The most expensive Air, with a supersized battery to match, delivers an eye-popping figure of 512 miles.
The obvious next step for the American market is to build an SUV, which Lucid has done with the Gravity. We tested it this past weekend in a seven-seat configuration, ferrying five people and three dogs up to Oak Glen, California, the mountain town of apple orchards and pumpkin patches where Angelenos come to cosplay autumn. (Bibi, one of the four-legged passengers who doesn’t care for cars, loved the Lucid). Despite its length, which gives it the proportions of a svelte minivan, the Gravity’s ample power makes it drive like a lighter vehicle. And despite its size, the Lucid’s efficiency obsession gives the car 400-plus miles of range, allowing us to drive a three-hour round trip and still have half the battery capacity left over. I can’t tell you how luxurious that feels compared to everyday life in a standard-range Tesla Model 3.
Inside, the Gravity is truly deluxe and inviting. Where Tesla embraced a fully minimalist interior and Rivian projects more of an REI, gentrified outdoorsy aesthetic, Lucid tilts more toward being the electric black car. The sprawling curved screen across the dashboard and secondary large touchscreen in the central console, combined with the elegant approach to its UI, is just so much more sophisticated than what you’d see in a legacy carmaker’s EV.
The setup offers a refined way to use all the car’s basic functions like climate, music, and navigation, as well as search for charging stations and view all of the car’s energy and efficiency stats. The array of settings and options allows an EV enthusiast to tweak a thousand things about their car. Take charge planning on road trips, a sore spot I often gripe about: In the Lucid, a bevy of options lets you select and deselect whichever charging networks you want, tell the computer whether to prioritize total time versus number of charging stops, and lots more. Then there are the premium extras meant to justify the Gravity’s price, which starts at $80,000 and rises from there. Wellness and relaxation programs can take over the digital displays and lighting, transforming the cabin into a little spa on wheels for as long as you’d like. The car simply feels like Silicon Valley affluence.
Within that user experience lies the problem, though. Lucid’s EVs are unquestionably mechanically excellent. But in the age of the software-defined car, all the software has to be excellent, too. Fenske’s Air wasn’t the only Lucid beset by bugs. This is an unavoidable fact of life in the 21st century — Tesla and Rivian have certainly had their share — but Lucid appears to have struggled more to cleanse them. Even my test unit would erroneously flash a momentary warning while I was rolling down the freeway (close latch before driving!) that disappeared just as quickly. It made no real difference to the driving experience, yet it’s one of those tiny glitches that saps one’s confidence in a car whose software is also responsible for keeping you safe.
Set aside software woes, and the timeline is troublesome for Lucid, too. Tesla established a pattern for EV startups: it built the very expensive Model S and X first, making just enough revenue from those pricey halo cars to survive until it could build the more affordable Model 3 and Y and generate a reliable revenue stream. Rivian took a similar path, selling R1 pickups and SUVs that cost $70,000, and sometimes much more, before introducing the R2 this year. Lucid’s smaller and cheaper EVs would be called the Cosmos and Earth, but we’ve yet to see those vehicles, and they won’t arrive until at least next year. When they do show up, they’ll have to compete with an improving set of luxury EVsfrom the likes of BMW and Mercedes-Benz.
Once those $50,000 Lucids exist, far more drivers will be exposed to all the things that the brand does right. And maybe — as long as there’s enough investment cash to get there — that will establish Lucid as a brand that is here to stay. Until then, the sticker price of these dream machines means that Lucid is competing in a small slice of an already small market, since not even a year of expensive gas has been enough to tip Americans toward EVs for good.
This is Heatmap Daily, a weekday digest written by our executive editor. Subscribe here.
My colleague Emily Pontecorvo has a fascinating story today about Net Power, an energy and power development company whose technology once seemed key to decarbonizing the country’s electricity grid.
When Net Power went public in 2023, it was working on a natural gas-burning power plant that would generate little to no emissions in part by using carbon capture and storage. Its invention seemed to have big implications, and not just for the company’s bottom line: Back then, the Environmental Protection Agency was drafting climate rules that would have required new natural gas plants built in the 2030s to capture their carbon dioxide emissions. Net Power’s technology seemed like one of the best available ways to meet that standard.
Cut to 2026, and the world looks different. Thanks to the artificial intelligence boom, electricity demand is surging. But Net Power hasn’t successfully commercialized its proprietary power plant technology. Even if it had, few companies are willing to pay the high premium required by Net Power’s technology, especially when cheaper options are available. And the government certainly isn’t going to require it. Emily’s story reveals what happened next.
When I helped start Heatmap more than three years ago, I never thought I would write this much about data centers. I believed that electricity demand growth was inevitable, sure, and I thought the U.S. power grid had to expand for the country to decarbonize. But I didn’t foresee such a staggering near-term surge in electricity demand. (To be fair, even long-time students of the computing industry’s energy use didn’t see the coming increase, either.)
What I didn’t anticipate — or understand — were two fast-moving trends. The first was that the AI models were responding to scale: the more text or images they consumed, or training they received, or (crucially) computational power they had access to, the better they got. The second was that Wall Street was happy to pay to continue that speedy scale-up. As long as models kept getting better, investors were willing to keep lending or investing more money to the companies making them. Through the power of those two scaling functions, the data center boom became one of the biggest infrastructure buildouts in American history.
In recent days, the second of those trends has started to falter. After a surprisingly hot inflation report last week, and a disclosure on Wednesday evening that Meta has gone free cash flow negative to finance its ongoing AI buildout, stocks with any proximity to AI or data centers stumbled on Wall Street today. The data center developers Coreweave and Vistra were each down about 10%, while Microsoft, Alphabet, and Nvidia all fell in daily trading. Meta’s stock lost almost 7% of its value; GE Vernova, which produces gas turbines, was down 10%.
These declines look more significant when you zoom out. Since late June, a good chunk of the AI portfolio has sagged into the red. Coreweave’s stock is down 54% over the past six months. Alphabet and GE Vernova have also posted declines since the summer. (The trend isn’t uniform: Nvidia and Microsoft are still very much in the green.)
None of this, to be sure, guarantees that the AI boom is ending or even slowing down. But this finance-applied friction is what such a slowdown could look like. Investors aren’t (yet) saying that AI is a business dud, to be clear, just that companies perhaps don’t need to go and construct all this stuff so fast. And given what the data center buildout has meant for energy construction — not to mention greenhouse gas emissions — that’s a trend nobody in climate or energy can ignore.
The zero-emission pioneer is doing the dirty work for the AI boom.
All kinds of companies have refashioned themselves to exploit the AI boom. A bitcoin miner became a data center developer, a shoemaker is building GPUs, and an electric vehicle company is integrating its powertrains into server racks.
Now, a company that once aspired to build one of the lowest-emitting power plants has pivoted to building one of the dirtiest in order to meet data centers’ requirement for speed to power above all. Net Power was founded to pioneer a new form of natural gas power plant with zero emissions, but it has given up on that technology and recently acquired 10 natural gas reciprocating engines that it plans to co-locate with a data center on the site intended for its first commercial plant.
“We believe the clean piece is important,” Net Power CEO Danny Rice said during an August earnings call when he announced the company’s pivot to building unabated natural gas plants. “But just as it’s always been, it will only come at scale once society’s basic energy pillars of reliable, affordable power are fully in place. Power demand is outstripping supply today.”
Net Power’s pivot is a sign not only that the AI boom has eroded market appetite for clean power, but that U.S. policies supporting carbon capture — primarily the 45Q tax credit that President Trump’s One Big Beautiful Bill Act recently expanded — are still not enough to support the technology’s deployment in the power sector.
“The long history of doing CCS in the United States is there isn’t enough public funding to get companies to deploy it at scale,” Jack Andreasen Cavanaugh, a senior research associate at Columbia University’s Center on Global Energy Policy, told me.
This is actually the second major pivot the company has made in less than a year. Last November, Net Power was still testing its proprietary oxy-combustion technology at its demonstration site in La Porte, Texas. The tech was designed to burn natural gas in a chamber with pure oxygen, producing a purer stream of CO2 than when natural gas is burned in regular air. Net Power’s system could recycle some of that CO2 for power generation and capture the rest more efficiently than a conventional gas plant could. The company had not yet demonstrated that the system could generate more energy than it used, however.
By that point, Net Power had determined that its oxy-combustion plants, if they ever even did generate net power, would not be economically competitive anytime soon. In its 2025 Q3 financial report, the company said it had “decided to broaden the scope of its business” and develop more conventional natural gas plants with carbon capture equipment tacked on. It signed a letter of intent with Entropy, a Canadian company building “post-combustion” carbon capture equipment, to bring the tech to the United States, and ordered two 30-megawatt Siemens natural gas turbines for 2028 delivery.
“For us and everyone else in the power and data center space these days, speed is everything,” Rice said at the time. “We believe gas turbines with [post-combustion capture] can and should be the fastest-to-market and most cost-competitive clean, firm solution for our prospective customers.”
He told investors that rising costs were one of the setbacks Net Power faced in building its first-of-a-kind oxy-combustion plant. It was highly unlikely the company could finance and build a $1.7 billion, 200-megawatt plant before completing all its testing, he said. The best-case scenario for the plant to come online was 2030 or 2031, and costs might keep rising with inflation. The company could either bet on that prospect and keep bleeding cash, or “slow down that spending in order to free up some of our resources for near-term accretive opportunities.” As a public company with shareholders to answer to, there was really only one choice.
By the end of 2025, Net Power decided to suspend its oxy-combustion development and testing activities altogether, according to its year-end SEC filing.
Six months later, the company’s thesis changed again. Gas turbines with post-combustion capture, it turned out, were not the “fastest-to-market and most cost-competitive” solutions that the company had hoped they’d be. Whereas once upon a time, electricity buyers considered a range of factors when shopping around for power, including carbon emissions, the reality was that they were now only looking for three qualities: speed, reliability, and scale. “Natural gas power generation, co-located with customer load, and deployable on a fast timeline, is how we expect to meet that demand today,” Rice told investors, adding that the company hoped to add carbon capture to its projects in the future.
To date, only one proposed U.S. natural gas plant with carbon capture has announced a deal to sell its prospective power. In October 2025, Google signed a power purchase agreement with the Broadwing Energy Center, an Illinois plant under development by a company called Low Carbon Infrastructure.
“There is a massive demand for unabated gas right now, and there is much less of a demand for carbon capture,” Cavanaugh said. He told me there are still lots of conversations happening between hyperscalers and carbon capture companies, but the physical realities and costs of capturing, transporting, and storing carbon from natural gas plants remain obstacles.
The Global CCS Institute published its annual Global Status of CCS report this week, which found more than 266 carbon capture, transport, or storage projects are under development in the U.S., but permitting delays and policy uncertainty are stalling their progress. “Inflation and rising capital costs have weakened project economics, reducing the effectiveness of existing policies, such as tax and investment credits,” the report said.
That doesn’t mean there aren’t still companies trying. Net Power may have given up on oxy-combustion power plants for now, but Arbor Energy, a startup founded by former SpaceX engineers, is just ramping up. Arbor announced a milestone in the development of its own oxy-combustion power generator last week, running a key piece of its system — a supercritical CO2 turbocompressor — for more than two hours at high speeds.
Arbor differentiates itself by using 3D-printed turbines and developing smaller, more modular plants. It’s scaling more incrementally than Net Power tried to, starting with a 1-megawatt demonstration plant in California that is “weeks away” from operating, the company’s Chief Operating Officer Alicia Harmon told me — although the project won’t include carbon storage. It plans to build a 25-megawatt demonstration plant by 2028, also sans storage, before manufacturing commercial-scale systems.
Arbor actually went through a pivot of its own due to the data center boom. The founders originally planned to focus on bioenergy with carbon removal, using the oxy-combustion technology to generate power from biomass and storing the resulting CO2 underground. Over time, though, it became clear that demand for power outpaced demand for carbon removal, and natural gas was more abundant than biomass.
I asked Harmon whether the company thought there was market demand for carbon-capture gas plants. Is anyone willing to pay that green premium right now? “Honestly, my answer is no,” she said, but the company sees a path to erasing the green premium by the early 2030s. She added that Arbor’s technology is already “very close” to parity with combined-cycle natural gas plants when the 45Q tax credit is taken into account.
Last month, Net Power announced it had acquired 123 megawatts’ worth of Wärtsilä reciprocating engines, in addition to the Siemens turbines it had already ordered. Reciprocating engines are among the dirtiest natural gas power-generation technologies. A recent report from Earthjustice estimated that a 1-gigawatt plant powered by reciprocating engines would emit 1.5 times as much CO2 per year as one powered by the “combined cycle” technology most modern plants use, and twice as much nitrogen oxides and fine particulate matter. It has not yet disclosed any data center partners to sell the power to.
Net Power declined to comment on this story.