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A handful of bills have been introduced that seek to adapt to more frequent heat waves.

What are we going to do about the heat? As devastatingly hot as this summer has been — and it has broken records and likely killed thousands of Americans — next summer will almost certainly be worse. Will Congress act?
New federal legislation to attack the root of the problem by reducing carbon emissions isn’t on the table, thanks to Republican control of the House. But that doesn’t mean there’s zero chance of any kind of heat legislation emerging this year. Republicans have proven open to funding ideas like better hurricane forecasting, the streamlining of flood insurance claims, and more seawalls — all things that get lumped into the category of adaptation to extreme weather or resilience. Could something similar be possible for heat?
A handful of bills have been introduced — almost all by Democrats — that seek to adapt to heat in one way or another. Because adapting to hotter temperatures isn’t as simple as erecting new levies, all the legislation seeks in one way or another to ensure everyone has access to a cooler environment. That might mean giving people money to keep their air conditioners running, funding cooling centers, or building shade outside.
Here are the bills, from most reactive to most proactive:
1. The Extreme Heat Emergency Act: This bill would put heat waves on FEMA’s list of major disaster qualifying events — making funds available for cooling centers and additional personnel. Representative Ruben Gallego, a Democrat from Arizona, introduced the bill alongside Representatives Mark Amodei, a Republican from Nevada, and Sylvia Garcia, a Democrat from Texas..
It might have a better chance with Republicans than its counterparts because FEMA is familiar, says Bob Inglis, a former Republican congressman from South Carolina and the executive director of RepublicEn, a project of the Center for Climate Change Communication at George Mason University that seeks to use “conservative principles” to solve climate change. The agency “butters the bread in conservative districts” in Texas, Louisiana, and Florida when disaster strikes, Inglis explained.
The problem is that FEMA funding only arrives after a disaster has already taken place. Alex Flint, executive director of the right-leaning climate think tank Alliance for Market Solutions, referred to FEMA funding and emergency supplemental bills as “old tools.”
“We will see the need to address higher temperatures in the defense bill, transportation bill, farm bill,” he said. “But policymakers are only just starting to grapple with the near-term effects of this long-term crisis.”
“Things can get more expensive after the fact,” Amy Bailey, director of climate resilience and sustainability at the Center for Climate and Energy Solutions, told me.
2. The Heating and Cooling Relief Act: This bill, introduced by Massachusetts Senator Ed Markey and New York Representative Jamaal Bowman, both Democrats, would inject tens of billions of dollars into the Low Income Home Energy Assistance Program, which helps low-income families pay their utility bills. The bill would also increase funding for cooling assistance — but it also hasn’t attracted a single Republican cosponsor, consistent with the party’s wariness about extending government assistance to low-income Americans.
3. The SHADE Act: This bill would do what its name implies and fund the creation of shade to attack urban heat islands, especially in areas that are low-income or have historically experienced discrimination. The bill has attracted 55 cosponsors — all Democrats.
4. The Preventing HEAT Illness and Death Act: Of the options, this bill is the most wide-reaching. It calls for a study that would identify the gaps in what we know about extreme heat as well as the public facilities (read: schools and prisons) without air conditioning. It would also offer $100 million in financial assistance to communities that want to adapt to extreme heat — installing cool roofs, creating more urban forestry, or making a grid more resilient, as well as training on risk communications — with the condition that 40% of its funding goes towards communities that are low-income or have environmental justice concerns. And it also calls for similar interagency communication on extreme heat that already exists for hurricanes and floods.
“It’s a perfectly reasonable bill that’s aimed towards saving lives on the ground,” said Alice Nam, press secretary for Representative. Marilyn Strickland, a Democrat from Washington state and one of the bill’s House sponsors. “It doesn’t propose a one-size fits all solution.”
“We need the federal government to respond with the urgency these climate and public health crises demand,” sponsor Senator Ed Markey, Democrat of Massachusetts, wrote in a statement to Heatmap.
And interagency communication, Bailey added, would be an “incredible benefit” — helping communities access resources faster. Extreme climate events that cost more than $1 billion, she noted, happened on average every 18 days in 2022, so speed is key.
Markey introduced the same bill in 2021, which advanced out of the Senate Commerce Committee in a bipartisan vote. This year’s version doesn’t have a single Republican co-sponsor in the House — though its authors are actively looking for them, Nam said.
“It’s really hard to tell what is too big of a pill for Republicans to swallow,” she said.
Last Congress, the bill was introduced into the House Energy and Commerce Committee and the House Science, Space and Technology Committee — meaning that this time, either Representative Frank Lucas, Republican of Oklahoma, or Representative Cathy McMorris Rodgers, Republican of Washington state, would need to hear the bill, and Republicans on either of those committees would need to vote in its favor.
Inglis noted that Republicans would likely take issue with the fact that the bill relies on a comparatively narrow set of funds and grants, in addition to the possibility that it could add regulations to plans to adapt to heat. “Conservatives are right to say we don’t need a U.S. Department of Trees for cities,” Inglis said, noting that Republican members would likely prefer for cities to lead the charge themselves — though he added that that still often requires federal block grants.
But eventually, Flint said, Republicans — even in the House — will come around to the idea that the government should spend money to fund adaptation to climate change.
“Voters of all political persuasions are going to be impacted by fires, flooding, hurricanes, and politicians will have to respond,” he noted. “The climate doesn’t care about people’s politics and will change the lives of Republicans and Democrats alike.”
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.