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The U.S. just made permitting easier for geothermal, but industry and lawmakers say we should be going farther.
The federal government is really excited about geothermal: A Department of Energy report published in March said that geothermal can “become a key contributor to secure, domestic, decarbonized power generation for the U.S.” — particularly the kind of clean, always available power that grids love.
Big companies are really excited about geothermal: A group comprised of Google, Microsoft, and Nucor, the steel company, together put out a request in March for power projects that could generate clean power 24 hours a day, including “next-generation geothermal” (i.e. projects that don’t require finding hot water or steam underground, but instead use drilling to apply fluid to already hot rocks).
But are the nation’s regulators — especially those who oversee public lands in the vast American West and Great Basin, where some of the nation’s hottest and shallowest rocks are located — excited about geothermal?
The answer matters tremendously. The Bureau of Land Management approves leasing for geothermal projects on some 245 million acres of land. This also means that geothermal projects often have to run the full gamut of federal environmental review at each stage of development. Over the decade or so that a geothermal project can take from start to finish, there may be as many six reviews mandated by the National Environmental Policy Act, according to the Institute for Progress, a technology policy think tank.
This week, the BLM alleviated part of that burden, saying Monday that it would apply two existing “categorical exclusions” – i.e. permissions to skip environmental review for certain actions — to geothermal exploration projects. This authority to adopt other agencies’ categorical exclusions (in this case from the Forest Service and the Navy) was included in the 2022 debt limit deal.
And yet, all the industry advocates I talked to expressed measured enthusiasm at best. “I think this is a very good step in the right direction,” Aidan Mackenzie, a fellow at the Institute for Progress, told me. On top of saving companies time, it also saves the government time. Creating a new categorical exclusion “requires notice and comment, which is more challenging for an agency,” Mackenzie said. “Adopting an existing categorical exclusion is a much easier process.”
This move comes as a bipartisan effort to clear away bureaucratic barriers for geothermal companies to operate on public lands appears to be cresting in Congress. Last month, four senators — two Democrats and two Republicans — co-sponsored a bill, the Geothermal Energy Optimization Act that would establish a categorical exclusion for all exploration activities, modeled on the existing one for oil and gas that’s been in place since 2005.
Two prominent geothermal startups, Eavor and Fervo, both welcomed the BLM’s decision while pushing gently but insistently for the full legislative solution.
Jeanine Vany, Eavor’s executive vice president of corporate affairs, told me the BLM’s action would “move the needle slightly in the right direction,” but that a legislative solution — specifically the GEO Act — would be “much more comprehensive and would be longer lasting.”
In an emailed statement, Fervo CEO Tim Latimer said essentially the same thing, calling the BLM's move “a commonsense approach to enabling development.”
“While the actions here cover only a small portion of activities in the geophysical exploration process,” he wrote, ”we are optimistic that both agency and legislative updates in the future that encompass some routine development and drilling activities will continue to unlock the potential of this important 24/7 carbon-free energy resource.”
One of the authors of the GEO Act, New Mexico Senator Martin Heinrich, also emailed to say that “BLM is right to scale up geothermal production,” but that now, “Congress should pass my GEO Act to take us a step further in fully harnessing the power of geothermal.”
At the same time, the BLM is working to carve out its own exclusions specific to the work it does on geothermal permitting. A BLM spokesperson told me the agency is “currently working on two categorical exclusions related to geothermal permitting,” one for exploration and another for “resource confirmation,” the process of drilling to show more definitively that the necessary hot rocks or (hot fluids) are there and can be drilled for heat.
Still, “there’s a strong case for Congress, especially, to do more,” Mackenzie said. The GEO Act, he explained, would “derisk” the exploration process for geothermal. “Right now, there’s a big cost to messing it up," he said. "If you have to do a full [Environmental Assessment], it takes or year or two — you might get sued. If you finally do the exploration and the resource isn’t what you think it would be, you have to go back and wait years to try again.”
Shortening the timeline for geothermal will be key to achieving what the industry, energy buyers, and the federal government all seem to want for next-generation projects, in terms of both cost and production. The Department of Energy has said that it wants to see costs fall by some 90% by the middle of the next decade, and that the sector could grow 20-fold by 2050, to 90 gigawatts of capacity, which would be slightly greater than the capacity of hydropower today.
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Renewables developers may yet be able to start construction before the One Big Beautiful Bill deadlines hit.
The Trump administration issued new rules for the wind and solar tax credits on Friday, closing the loop on a question that has been giving developers anxiety since the One Big Beautiful Bill Act passed in early July.
For decades, developers have been able to lock in tax credit eligibility by establishing that they have officially started construction on a project in one of two ways. They could complete “physical work of a significant nature,” such as excavating the project site or installing foundational equipment, or they could simply spend 5% of the total project budget, for instance by purchasing key components and putting them in a warehouse. After that, they had at least four years to start shipping power to the grid before stricter work requirements kicked in.
Shortly after signing the OBBBA, however, Trump issued an executive order directing the Treasury Department to revise its definition of the “beginning of construction” of a wind or solar project. Under the new law, this definition can make or break a project. OBBBA established new deadlines for wind and solar development, allowing projects that start construction before the end of this year to qualify for the tax credits as they currently stand. But projects that start construction between January 1 and July 4 of 2026 will have to follow stringent new rules limiting the use of materials with ties to China in order to qualify.
The start construction date also affects how long a developer has to complete a project and still qualify for credits. Projects that start before July 4 of next year have at least four years, while those that start after must meet an impossibly short timeline of being up and running in just a year and a half, by the end of 2027.
Some worried the new guidance would narrow that four year timeframe or affect project eligibility retroactively. Neither happened. The only major change the Treasury department made to the existing guidance was to get rid of the 5% safe harbor provision. While this is not nothing, and will certainly disqualify some projects that might otherwise have been able to claim the credits, it is nowhere near as calamitous for renewables as it could have been.
Projects can still establish they have started construction by completing “physical work of a significant nature,” and the definition of physical work still includes off-site work, such as the manufacturing of equipment. That means it’s still possible for a company to simply place an order for a custom piece of equipment, like a transformer, to establish their start date — as long as they have a binding contract in place and can demonstrate that the physical production of the equipment is underway.
The new guidance also contains a carve-out that allows solar projects that are less than 1.5 megawatts to use the 5% rule, which will help rooftop solar and smaller community-scale installations.
Trump’s executive order came after a reported deal he made with House Freedom Caucus Republicans who wanted to axe the tax credits altogether. The order directed the Treasury to prevent “the artificial acceleration or manipulation of eligibility” and restrict “the use of broad safe harbors unless a substantial portion of a subject facility has been built.”
Treasury’s relative restraint, then, comes as something of a relief. “It’s not good, it’s not helpful, but from my perspective, the guidance could have been a lot worse,” David Burton, a partner at Norton Rose Fulbright who specializes in energy tax credits, told me. “Utility-scale solar and wind developers should be able to plan around this and not be that harmed.”
That doesn’t mean clean energy groups are happy about the changes, though. “At a time when we need energy abundance, these rules create new federal red tape,” Heather O’Neill, president and CEO of the industry group Advanced Energy United, said in a statement. “These rules will make it more difficult and expensive to build and finance critical energy projects in the U.S.”
The changes don’t go into effect until September 2, so for the next two weeks, all projects can still utilize the 5% safe harbor.
Even though the rules are not the death-blow for projects that some anticipated, there’s still one big unknown that could squeeze development further: The Treasury department has yet to put out guidance related to the new foreign sourcing rules created by the OBBB. One of the big fears there is that companies will have to prove their lack of ties to China so far up their supply chains that compliance becomes impossible.
We probably won’t be left wondering for long, though. Trump’s executive order asked for those rules within 45 days, putting the due date on Monday.
On the worsening transformer shortage, China’s patent boom, and New York’s nuclear embrace
Current conditions: Tropical Storm Erin is still intensifying as it approaches the Caribbean • Rare August rainstorms are deluging the Pacific Northwest with a month’s worth of precipitation in 24 hours, threatening floods • Hong Kong has issued its highest-level “black” rainstorm warning multiple times this month as Tropical Storm Podul lashes southern China.
President Donald Trump’s order to keep large fossil-fueled power stations scheduled to retire between now and 2028 operating indefinitely will cost ratepayers across the United States $3.1 billion per year, according to new research from the consultancy Grid Strategies on behalf of four large environmental groups. If the Department of Energy expands the order to cover all 54 fossil fuel plants slated for closure in the next three years, the price tag for Americans whose rates fund the subsidies to keep the stations running would rise to $6 billion per year.
The problem may only grow. The agency’s existing mandates “perversely incentivize plant owners to claim they plan to retire so they can receive a ratepayer subsidy to remain open,” the report points out.
With electricity consumption hitting new records in the U.S., demand for transformers is surging. The years-long supply shortage for power and distribution transformers is now set to hit a deficit below demand of 30% and 10%, respectively, in 2025, according to a new report from the energy consultancy Wood Mackenzie. Complicating matters further for manufacturers scrambling to ramp up supply, Trump’s One Big Beautiful Bill Act is throwing clean-energy projects into jeopardy and sending mixed signals to factories on what kinds of transformers to produce. At the same time, tariffs are raising the price of materials needed to make more transformers.
“The U.S. transformer market stands at a critical juncture, with supply constraints threatening to undermine the nation's energy transition and grid reliability goals,” Ben Boucher, a senior supply chain analyst at Wood Mackenzie, said in a statement. “The convergence of accelerating electricity demand, aging infrastructure and supply chain vulnerabilities has created constraints that will persist well into the 2030s.”
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A worker in a Chinese electric vehicle factory. Kevin Frayer/Getty Images
For years, China was known for ripping off the West’s technology and patenting cheaper but more easily manufactured copies. Not anymore. China applied for twice as many high-quality clean energy patents as the U.S. in 2022, according to a New York Times analysis of the most recently available public data. The European Patent Office, which supplied data to the Times, defines a “high quality” patent as one that has been filed in two or more countries, indicating that the company or individual involved has a strong competitive interest in protecting its idea.
The growth in China’s intellectual property ambitions is a sign that Beijing’s strategic push to ramp up academic research and industrial innovation is maturing. “It is the opposite of an accident,” said Jenny Wong Leung, an analyst and data scientist at the Australian Strategic Policy Institute, which created a database of global research on technologies that are critical to nations’ economic and military security, including clean energy.
In June, New York Governor Kathy Hochul directed the New York Power Authority, the nation’s second-largest government-owned utility after the federal Tennessee Valley Authority, to support the construction of the state’s first new nuclear plant since the 1980s. Albany has plenty to sort out between now and the 15-year deadline for completing the project, including selecting a site, picking from one of the many new reactor designs, and finding a private partner. But one thing isn’t a problem, at least for now: Public support.
New Siena polling I covered in my Substack newsletter yesterday shows that 49% of registered voters in New York support the effort, with just 26% opposed. Both sides of the political spectrum are largely in lockstep, with Republican support outpacing that of Democrats by a margin of 55% to 49%. That’s lucky for Hochul, who will need support from the more politically conservative upper reaches of the state where the facility is likely to be built. For more on the technical and political considerations in play, here’s Heatmap’s Matthew Zeitlin on the plan.
It seems like everyone is abandoning their net zero goals. But not insurer Aviva. The company’s chief executive, Amanda Blanc, said the British giant remained committed to its carbon-cutting goals in the U.S. and the United Kingdom, The Guardian reported. With rising profits propelling shares in the company to their highest level since the 2008 financial crisis, Blanc said, “extreme weather conditions, climate change, and the impact that that has on our insurance business that actually insures properties” meant Aviva needed to “remain committed to our ambition.”
The red-headed wood pigeon once seemed on the verge of extinction. The population, endemic to Japan’s Ogasawara Islands, fell to below 80 individuals in the 2000s. But once its main predator, the feral cat, was removed, the bird made a remarkable comeback. A team of researchers at Kyoto University set out to find out why the expected problems from inbreeding never occurred. Per a press release: “Their results revealed that the frequency of highly deleterious mutations in the red-headed wood pigeon was lower than in the more widespread Japanese wood pigeon. This suggests that, rather than hindering it, the pigeon's success was likely rooted in its long-term persistence in a small population size prior to human impact.”
And more on the week’s most important conflicts around renewable energy projects.
1. Lawrence County, Alabama – We now have a rare case of a large solar farm getting federal approval.
2. Virginia Beach, Virginia – It’s time to follow up on the Coastal Virginia offshore wind project.
3. Fairfield County, Ohio – The red shirts are beating the greens out in Ohio, and it isn’t looking pretty.
4. Allen County, Indiana – Sometimes a setback can really set someone back.
5. Adams County, Illinois – Hope you like boomerangs because this county has approved a solar project it previously denied.
6. Solano County, California – Yet another battery storage fight is breaking out in California. This time, it’s north of San Francisco.