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As Republicans’ budget priorities stack up, the numbers are starting to turn against America’s landmark climate law.

Since Donald Trump was reelected president, the climate community has retained a kind of fragile optimism about the Inflation Reduction Act, the historic climate law enacted in 2022 that Trump has vowed to repeal. The oft-repeated mantra is that the IRA is stimulating billions of dollars in investment in red districts, so why would Republicans want to put that at risk? Even if parts of the legislation were killed, surely some of it would remain intact.
But recent events have shifted the calculus. The ballooning price tag of Trump’s tax cut wishlist and preliminary budget negotiations on the Hill are pointing toward a budgetary showdown in which many of the law’s benefits could become fiscal casualties. D.C. veterans, including former GOP Hill staff, say that even the most bipartisan parts of the IRA could be sacrificed.
The reason has to do with the rules of budget reconciliation, the process Republicans in the House and Senate will use to carry out Trump’s agenda over the next several months and the same process Democrats used to pass the Inflation Reduction Act. One of Trump’s biggest legislative priorities is extending the 2017 Tax Cuts and Jobs Act, much of which expires at the end of this year. He also wants to make good on campaign promises to eliminate taxes on tips, overtime pay, and Social Security, and remove the cap on the state and local tax liability deductions.
To do this through the normal legislative process would subject the bill to a potential filibuster in the Senate, which would require 60 votes to override, a margin Senate Republicans lack. Budget reconciliation, however, requires only a simple majority. But there’s a catch: The bill can only contain policies that modify federal spending or revenues. It cannot contain a single provision that doesn’t pertain to the federal budget. And before lawmakers can decide what policies to put in it, they must agree on how much the bill will affect the federal budget. Once they set that topline number, they can’t change it.
“Reconciliation math is at least as important as the merits of reconciliation policies,” Alex Flint, executive director of the Alliance for Market Solutions, told Heatmap. Flint was previously a Republican staff director on the Senate Energy and Natural Resources Committee and top government affairs executive at the Nuclear Energy Institute. “I think a lot of people with specific interests in the tax code fail to look at the scale of the issue that tax writers have to deal with,” he said, adding that whether IRA money has been spent in a given district will probably be a “second or third order factor” in that representative’s vote.
Congress is still at the beginning of the reconciliation process. The next step is for the House and Senate to negotiate a topline number and issue instructions to the committees that will write the final bill on the levels of spending they’re allowed to include. That’s where the punishing math for the IRA comes in. The Congressional Budget Office, as well as third-party groups like the Tax Foundation and the Penn Wharton Budget Model, have estimated that an extension of the 2017 tax cuts would cost between $3.7 and $4.5 trillion through 2034. If all of Trump’s additional proposed tax cuts were enacted, the cost would jump to $6.8 trillion, according to Penn Wharton.
The dollar amount assigned to each committee is a ceiling, and it’s calculated on a net basis. So if the Ways and Means committee, which oversees tax legislation, is assigned a $4.5 trillion deficit ceiling, as it was in the version of the reconciliation instructions that recently passed the House, it’s going to have to find several trillion dollars worth of spending programs to cut. Fully repealing the Inflation Reduction Act’s green energy tax credits — which, according to new modeling from the nonpartisan Tax Foundation, would raise about $850 billion — will start to look harder to avoid.
In a recent talk hosted by the American Enterprise Institute, Jason Smith, a representative from Missouri and Chairman of the Ways and Means Committee, indicated that his party was committed to achieving Trump’s entire agenda through reconciliation. “These are items that he campaigned on, and these are items that will be addressed in any tax package that we move forward on,” he said.
Tax credits related to electric vehicles and green buildings are already almost certainly on the chopping block, but cutting those would raise just $300 billion, according to the Tax Foundation. Lawmakers have other options to achieve significant deficit reductions without fully eliminating the IRA, however. The Tax Foundation’s analysis found that Congress could preserve the nuclear power production tax credit and the carbon capture tax credit — two IRA provisions many Republicans support — as well as a stripped-down version of the renewable energy production tax credit and still raise a respectable $750 billion.
Alex Brill, a former Republican chief economist to the Ways and Means Committee and current fellow at the American Enterprise Institute, told Heatmap that we might see efforts to “rightsize” or “reform” certain tax credits rather than repeal them. Lawmakers could keep the clean electricity tax credits in place for a few more years as an apparent compromise, for example, but phase them out in 2029 or 2030, which is when the Congressional Budget Office estimates they’ll start to be more heavily utilized, and therefore more expensive.
“There’s this possibility that they may be looking at the timing and the duration of some of these provisions,” Brill said.
The IRA prescribes no end date for those credits, which as of now will stay in place until U.S. electricity emissions fall to 25% of their 2022 levels. Jason Clark, the former chief strategist at the American Clean Power Association, told Jael in October that an earlier phase-out would drastically undercut U.S. renewables deployment. “I don’t think a lot of folks appreciate just how long-range some of this planning is — how long it takes to permit something, how long it takes to figure out the interconnection queue. Companies aren’t just thinking, what are we going to build this year? They’re thinking, what will be put online in 2035? So if the government changes the stability of that, companies start to pull back.”
There is another scenario on the table that could save a significant chunk of the IRA, but it would come with its own nontrivial drawbacks.
Republican leaders in the Senate are trying to change the baseline against which all of these budget calculations are made. They argue that the tax cut extensions should be viewed as avoiding a tax increase, not enacting a new tax cut. By this logic, the extensions don’t cost anything, and $6.8 trillion in total tax cuts looks more like $2.8 trillion. That would give Republicans more room to increase spending on a range of other priorities, including defense and immigration enforcement, without having to make tough trade-offs.
This has never been done before, and to call it controversial would be an understatement. Deficit hawks on both sides of the aisle oppose the maneuver, calling it a “gimmick” and “magic math.” A recent Politico article declared that moving to a current policy baseline approach would “break the Senate, upend the federal budget process and explode the national debt.”
Before Republicans can move ahead, they need guidance from the Senate Parliamentarian, an advisor to the Senate tasked with interpreting the rules that govern the body. If the Parliamentarian doesn’t approve, the Senate is technically allowed to ignore or fire her. But this would create a new political firestorm.
Flint said that however this baseline debate plays out will tell us how much danger the IRA is facing. Brill had a slightly different perspective. He said he would expect Congress to set the topline budget resolution numbers lower if it moves ahead with this fuzzy math. But he agreed that assuming the IRA will be saved by its Republican beneficiaries fails to see the whole picture.
“They will be looking at the revenue consequences of changes, and they’ll be looking at the efficiency of these policies,” Brill said. “Are they operating as intended? Are they the size and scope and scale that seem reasonable and appropriate to lawmakers? I think they’re going to be thinking about this in a lot of different dimensions.”
While some oil and gas majors such as Exxon and Occidental have lobbied the Trump administration to keep at least some of the IRA in place, other fossil fuel industry players are trying to convince lawmakers that the clean energy tax credits do more harm than good. More than two dozen energy executives penned a letter to House and Senate leaders last week asking for a full repeal, arguing that the subsidies encourage “less efficient production,” raise costs for consumers, and increase the national debt.
But renewable energy researchers at the Rhodium Group and Energy Innovation published modeling last week making the opposite case. Rhodium found that rollbacks of power plant and vehicle emissions rules, combined with repeal of the IRA tax credits, would increase annual household energy costs by $111 to $184 in 2030, compared to keeping the law as it is. The modelers also found that energy spending throughout the industrial sector would increase by $8 billion to $14 billion from 2030 to 2035. Energy Innovation, which also modeled repeal of key tax credits, found this would lead to higher energy bills, as well as nearly 800,000 job losses in 2030.
Some D.C. figureheads are still bullish that full repeal of the IRA is unlikely. Xan Fishman, senior managing director of the energy program at the Bipartisan Policy Center, told Heatmap he’s heard the argument that Republicans’ magic math could help the IRA, but he’s not sure there’s much there, there. “I do think that there’s strong momentum for keeping the tax credits, and honestly, I think that’s true regardless of whatever budgetary baseline they use,” he said.
Earlier this month, 21 House Republicans came out in bold, public defense of the law. This likely does not reflect the level of support latent in the party, however. Fishman said that many of the tax credits in the law historically had bipartisan support, before the Inflation Reduction Act “painted them with a partisan brush.”
“I think at the end of the day, that is actually really relevant — the fact that so many members have co-sponsored or sponsored some version of these tax credits in the past,” Fishman said.
It’s too soon to judge whether Republican support for the IRA means anything, Josh Freed, senior vice president of the climate and energy program at Third Way, told Heatmap. “IRA is uncertain until the dust settles,” he said. “It is hard to know what trade-offs are going to be asked for by the authors and by different factions within the Republican caucus until decisions on whether there needs to be pay-fors, and how much, are made.”
The timeline for when the Republican caucus will make those decisions — and set the rules of the game — is hard to predict. In that talk hosted by the American Enterprise Institute, Congressman Smith said the plan was to get the final reconciliation bill on Trump’s desk before Memorial Day.
Editor’s note: This story has been updated to correct the emissions reduction target for the clean electricity tax credit in the IRA.
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Adorable as they are, Japanese kei cars don’t really fit into American driving culture.
It’s easy to feel jaded about America’s car culture when you travel abroad. Visit other countries and you’re likely to see a variety of cool, quirky, and affordable vehicles that aren’t sold in the United States, where bloated and expensive trucks and SUVs dominate.
Even President Trump is not immune from this feeling. He recently visited Japan and, like a study abroad student having a globalist epiphany, seems to have become obsessed with the country’s “kei” cars, the itty-bitty city autos that fill up the congested streets of Tokyo and other urban centers. Upon returning to America, Trump blasted out a social media message that led with, “I have just approved TINY CARS to be built in America,” and continued, “START BUILDING THEM NOW!!!”
He’s right: Kei cars are neat. These pint-sized coupes, hatchbacks, and even micro-vans and trucks are so cute and weird that U.S. car collectors have taken to snatching them up (under the rules that allow 25-year-old cars to be imported to America regardless of whether they meet our standards). And he’s absolutely right that Americans need smaller and more affordable automotive options. Yet it’s far from clear that what works in Japan will work here — or that the auto execs who stood behind Trump last week as he announced a major downgrading of upcoming fuel economy standards are keen to change course and start selling super-cheap economy cars.
Americans want our cars to do everything. This country’s fleet of Honda CR-Vs and Chevy Silverados have plenty of space for school carpools and grocery runs around town, and they’re powerful and safe enough for road-tripping hundreds of miles down the highway. It’s a theme that’s come up repeatedly in our coverage of electric vehicles. EVs are better for cities and suburbs than internal combustion vehicles, full stop. But they may never match the lightning-fast road trip pit stop people have come to expect from their gasoline-powered vehicles, which means they don’t fit cleanly into many Americans’ built-in idea of what a car should be.
This has long been a problem for selling Americans on microcars. We’ve had them before: As recently as a dozen years ago, extra-small autos like the Smart ForTwo and Scion iQ were available here. Those tiny cars made tons of sense in the United States’ truly dense urban areas; I’ve seen them strategically parked in the spaces between homes in San Francisco that are too short for any other car. They made less sense in the more wide-open spaces and sprawling suburbs that make up this country. The majority of Americans who don’t struggle with street parking and saw that they could get much bigger cars for not that much more money weren’t that interested in owning a car that’s only good for local driving.
The same dynamic exists with the idea of bringing kei cars for America. They’re not made to go faster than 40 or 45 miles per hour, and their diminutive size leaves little room for the kind of safety features needed to make them highway-legal here. (Can you imagine driving that tiny car down a freeway filled with 18-wheelers?) Even reaching street legal status is a struggle. While reporting earlier this year on the rise of kei car enthusiasts, The New York Times noted that while some states have moved to legalize mini-cars, it is effectively illegal to register them in New York. (They interviewed someone whose service was to register the cars in Montana for customers who lived elsewhere.)
If the automakers did follow Trump’s directive and stage a tiny car revival, it would be a welcome change for budget-focused Americans. Just a handful of new cars can be had for less than $25,000 in the U.S. today, and drivers are finally beginning to turn against the exorbitant prices of new vehicles and the endless car loans required to finance them. Individuals and communities have turned increasingly to affordable local transportation options like golf carts and e-bikes for simply getting around. Tiny cars could occupy a space between those vehicles and the full-size car market. Kei trucks, which take the pickup back to its utilitarian roots, would be a wonderful option for small businesses that just need bare-bones hauling capacity.
Besides convincing size-obsessed Americans that small is cool, there is a second problem with bringing kei cars to the U.S., which is figuring out how to make little vehicles fit into the American car world. Following Trump’s declaration that America should get Tokyo-style tiny cars ASAP, Transportation Secretary Sean Duffy said “we have cleared the deck” of regulations that would prevent Toyota or anyone else from selling tiny cars here. Yet shortly thereafter, the Department of Transportation clarified that, “As with all vehicles, manufacturers must certify that they meet U.S. Federal Motor Vehicle Safety Standards, including for crashworthiness and passenger protection.”
In other words, Ford and GM can’t just start cranking out microcars that don’t include all the airbags and other protections necessary to meet American crash test and rollover standards (not without a wholesale change to our laws, anyway). As a result, U.S. tiny cars couldn’t be as tiny as Japanese ones. Nor would they be as cheap, which is a crucial issue. Americans might spend $10,000 on a city-only car, but probably wouldn’t spend $20,000 — not when they could just get a plain old Toyota Corolla or a used SUV for that much.
It won’t be easy to convince the car companies to go down this road, either. They moved so aggressively toward crossovers and trucks over the past few decades because Americans would pay a premium for those vehicles, making them far more profitable than economy cars. The margins on each kei car would be much smaller, and since the stateside market for them might be relatively small, this isn’t an alluring business proposition for the automakers. It would be one thing if they could just bring the small cars they’re selling elsewhere and market them in the United States without spending huge sums to redesign them for America. But under current laws, they can’t.
Not to mention the whiplash effect: The Trump administration’s attacks on EVs left the carmakers struggling to rearrange their plans. Ford and Chevy probably aren’t keen to start the years-long process of designing tiny cars to please a president who’ll soon be distracted by something else.
Trump’s Tokyo fantasy is based in a certain reality: Our cars are too big and too expensive. But while kei cars would be fantastic for driving around Boston, D.C., or San Francisco, the rides that America really needs are the reasonably sized vehicles we used to have — the hatchbacks, small trucks, and other vehicles that used to be common on our roads before the Ford F-150 and Toyota RAV4 ate the American car market. A kei truck might be too minimalist for mainstream U.S. drivers, but how about a hybrid revival of the El Camino, or a truck like the upcoming Slate EV whose dimensions reflect what a compact truck used to be? Now that I could see.
Current conditions: In the Pacific Northwest, parts of the Olympics and Cascades are set for two feet of rain over the next two weeks • Australian firefighters are battling blazes in Victoria, New South Wales, and Tasmania • Temperatures plunged below freezing in New York City.
The U.S. military is taking on a new role in the Trump administration’s investment strategy, with the Pentagon setting off a wave of quasi-nationalization deals that have seen the Department of Defense taking equity stakes in critical mineral projects. Now the military’s in-house lender, the Office of Strategic Capital, is making nuclear power a “strategic technology.” That’s according to the latest draft, published Sunday, of the National Defense Authorization Act making its way through Congress. The bill also gives the lender new authorities to charge and collect fees, hire specialized help, and insulate its loan agreements from legal challenges. The newly beefed up office could give the Trump administration a new tool for adding to its growing list of investments, as I previously wrote here.

The “Make America Healthy Again” wing of President Donald Trump’s political coalition is urging the White House to fire Environmental Protection Agency Administrator Lee Zeldin over his decisions to deregulate harmful chemicals. In a petition circulated online, several prominent activists aligned with the administration’s health secretary, Robert F. Kennedy, Jr., accused Zeldin of having “prioritized the interests of chemical corporations over the well-being of American families and children.” As of early Friday afternoon, The New York Times reported, more than 2,800 people had signed the petition. By Sunday afternoon, the figure was nearly 6,000. The organizers behind the petition include Vani Hari, a MAHA influencer known as the Food Babe to her 2.3 million Instagram followers, and Alex Clark, a Turning Point USA activist who hosts what the Times called “a health and wellness podcast popular among conservatives.”
The intraparty conflict comes as one of Zeldin’s more controversial rollbacks of a Biden-era pollution rule, a regulation that curbs public exposure to soot, is facing significant legal challenges. A lawyer told E&E News the EPA’s case is a “Hail Mary pass.”
The Democratic Republic of the Congo, by far the world’s largest source of cobalt, has slapped new export restrictions on the bluish metal needed for batteries and other modern electronics. As much as 80% of the global supply of cobalt comes from the DRC, where mines are notorious for poor working conditions, including slavery and child labor. Under new rules for cobalt exporters spelled out in a government document Reuters obtained, miners would need to pre-pay a 10% royalty within 48 hours of receiving an invoice and secure a compliance certificate. The rules come a month after Kinshasa ended a months-long export ban by implementing a quota system aimed at boosting state revenues and tightening oversight over the nation’s fast-growing mining industry. The establishment of the rules could signal increased exports again, but also suggests that business conditions are changing in the country in ways that could further complicate mining.
With Chinese companies controlling the vast majority of the DRC’s cobalt mines, the U.S. is looking to onshore more of the supply chain for the critical mineral. Among the federal investments is one I profiled for Heatmap: an Ohio startup promising to refine cobalt and other metals with a novel processing method. That company, Xerion, received funding from the Defense Logistics Agency, yet another funding office housed under the U.S. military.
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Last month, I told you about China’s outreach to the rest of the world, including Western European countries, to work together on nuclear fusion. The U.S. cut off cooperation with China on traditional atomic energy back in 2017. But France is taking a different approach. During a state visit to Beijing last week, French President Emmanuel Macron “failed to win concessions” from Chinese leader Xi Jinping, France24 noted. But Paris and Beijing agreed to a new “pragmatic cooperation” deal on nuclear power. France’s state-owned utility giant EDF already built a pair of its leading reactors in China.
The U.S. has steadily pushed the French out of deals within the democratic world. Washington famously muscled in on a submarine deal, persuading Australia to drop its deal with France and go instead with American nuclear vessels. Around the same time, Poland — by far the biggest country in Europe to attempt to build its first nuclear power plant — gave the American nuclear company Westinghouse the contract in a loss for France’s EDF. Working with China, which is building more reactors at a faster rate than any other country, could give France a leg up over the U.S. in the race to design and deploy new reactors.
It’s not just the U.S. backpedaling on climate pledges and extending operations of coal plants set to shut down. In smog-choked Indonesia, which ranks seventh in the world for emissions, a coal-fired plant that Bloomberg described as a “flagship” for the country’s phaseout of coal has, rather than shut down early, applied to stay open longer.
Nor is the problem reserved to countries with right-wing governance. The new energy plan Canadian Prime Minister Mark Carney, a liberal, is pursuing in a bid to leverage the country’s fossil fuel riches over an increasingly pushy Trump means there’s “no way” Ottawa can meet its climate goals. As I wrote last week, the Carney government is considering a new pipeline from Alberta to the West Coast to increase oil and gas sales to Asia.
There’s a new sheriff in town in the state at the center of the data center boom. Virginia’s lieutenant governor-elect Ghazala Hasmi said Thursday that the incoming administration would work to shift policy toward having data centers “pay their fair share” by supplying their own energy and paying to put more clean power on the grid, Utility Dive reported. “We have the tools today. We’ve got the skilled and talented workforce. We have a policy roadmap as well, and what we need now is the political will,” Hashmi said. “There is new energy in this legislature, and with it a real opportunity to build new energy right here in the Commonwealth.”
Get up to speed on the SPEED Act.
After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.