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McCarthy spoke for the trees.
The environmental movement likely won’t be missing Kevin McCarthy much.
His Bakersfield-based district is one of the centers of the California oil industry. The first major bill his House majority voted for would have scrapped a multi-billion dollar fund for clean energy investments in disadvantaged communities. He often took the side of agricultural interests in the Central Valley against environmentalists when it came to water policy. Environmentalist groups like Earthjustice and the Sierra Club have been criticizing him for literally more than a decade. The McCarthy-run House of Representatives passed bills (never turned into law) that would have undone swathes of the Inflation Reduction Act’s climate provisions and eased fossil fuel development.
But he has a thing for trees. The speaker of the House typically doesn’t directly sponsor much legislation, so it was noteworthy when McCarthy introduced a bill on Arbor Day with a fleet of Republican and Democratic co-sponsors, especially from his home state of California, called the Save Our Sequoias Act. McCarthy’s district doesn’t just include some of California’s oil industry, but also Sequoia National Park, which contains the massive General Sherman Tree, which stretches 275 feet into the air from a 36-foot diameter base.
The bill, which McCarthy introduced in 2022 as well, would codify existing relationships between different governments to protect the trees, fund a grant program to remove fuel — dry leaves, fallen branches, etc — around the trees, make it easier for private donors to fund programs for the trees, and allow projects to protect the trees to circumvent the usual environmental permitting process.
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It was this last part that provoked many prominent environmental groups to oppose the bill, including the Sierra Club, the Natural Resources Defense Council, Earthjustice, and the League of Conservation Voters. When the bill was introduced earlier this year, an Earthjustice official called it “a misguided solution in search of a problem that could set a dangerous precedent for gutting environmental laws.”
The coalition formed to support the bill was a collection of industry groups, including those representing the logging industry and the Chamber of Commerce, free market or conservative environmentalist groups like the Property and Environment Research Center and American Conservation Coalition Action, as well as local statewide governments and conservation groups in California.
In other words, it’s what it looks like when a Republican tries to pass a conservation bill: a combination of intense local interest and trying to bring on as many of the party’s traditional business partners as possible.
The bill also had the influential co-sponsorship of Bruce Westerman, the Republican congressman from Arkansas who chairs the House Committee on Natural Resources. “Our priorities remain unchanged,” Rebekah Hoshiko, the committee’s communications director, told me in an email. “The Save Our Sequoias Act already passed out of committee and has overwhelmingly bipartisan support, and we will continue to advocate for it and our many other bills as they move through the legislative process.” The bill currently sits with the House Agriculture Committee.
Groups that focus on conserving these massive trees hope the bill will survive. The Save the Redwoods League told me in a statement that it is “optimistic about the opportunity that the Save Our Sequoias Act presents.”
For conservatives interested in climate change and conservation policy, the bill was an example of what they see as potential for other House leaders to craft bipartisan legislation. Stephen Perkins, the chief operating officer of the American Conservation Coalition Action, described the bill as “conservation policy that’s also climate action.”
The Save Our Sequoias Act, Perkins said, was able to attract a bipartisan coalition because, for Democrats, it presented both a conservation and climate win — “wildfires and forest management play a direct role in keeping emissions in line and keeping emissions goals” — while, for industry and conservative groups, “it’s about keeping communities functioning and state economies in a good place.”
And it also may present a kind of framework for another area of potential bipartisan overlap that McCarthy had shown some openness too: permitting reform. The exception carved out of environmental regulations for Giant Sequoia conservation was relatively small, but both Republicans and Democrats have shown some interest in a more general overhaul of federal environmental laws that, for Republicans, would limit reviews for all projects and for Democrats would hopefully make it easier to build renewable energy and especially transmission infrastructure. And McCarthy's own district doesn't just have oil in the ground, it also has energy in the sky, with windy mountain passes in the Tehachapis and the baking hot Mojave Desert.
The House Republican likely to negotiate any permitting deal, Louisiana Representative Garrett Graves, has been described as McCarthy’s ”wingman.”
While Perkins wouldn’t say who he or his group preferred among the crop of candidates to replace McCarthy, he did say that the “next speaker can’t ignore the opportunity to work on permitting reform,” noting that many young Republicans think the party should pay more attention to climate change.
“We’re willing to work with anyone and we have worked with all of the representatives from the majority leader to the whip and so on and so forth. We’re confident that whenever a new speaker is [elected], we’ll be able to pick up conversations when we left them off with Speaker McCarthy.”
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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.
A conversation with Elizabeth McCarthy of the Breakthrough Institute.
This week’s conversation is with Elizabeth McCarthy of the Breakthrough Institute. Elizabeth was one of several researchers involved in a comprehensive review of a decade of energy project litigation – between 2013 and 2022 – under the National Environment Policy Act. Notably, the review – which Breakthrough released a few weeks ago – found that a lot of energy projects get tied up in NEPA litigation. While she and her colleagues ultimately found fossil fuels are more vulnerable to this problem than renewables, the entire sector has a common enemy: difficulty of developing on federal lands because of NEPA. So I called her up this week to chat about what this research found.
The following conversation was lightly edited for clarity.
So why are you so fixated on NEPA?
Personally and institutionally, [Breakthrough is] curious about all regulatory policy – land use, environmental regulatory policy – and we see NEPA as the thing that connects them all. If we understand how that’s functioning at a high level, we can start to pull at the strings of other players. So, we wanted to understand the barrier that touches the most projects.
What aspects of zero-carbon energy generation are most affected by NEPA?
Anything with a federal nexus that doesn’t include tax credits. Solar and wind that is on federal land is subject to a NEPA review, and anything that is linear infrastructure – transmission often has to go through multiple NEPA reviews. We don’t see a ton of transmission being litigated over on our end, but we think that is a sign NEPA is such a known obstacle that no one even wants to touch a transmission line that’ll go through 14 years of review, so there’s this unknown graveyard of transmission that wasn’t even planned.
In your report, you noted there was a relatively small number of zero-carbon energy projects in your database of NEPA cases. Is solar and wind just being developed more frequently on private land, so there’s less of these sorts of conflicts?
Precisely. The states that are the most powered by wind or create the most wind energy are Texas and Iowa, and those are bypassing the national federal environmental review process [with private land], in addition to not having their own state requirements, so it’s easier to build projects.
What would you tell a solar or wind developer about your research?
This is confirming a lot of things they may have already instinctually known or believed to be true, which is that NEPA and filling out an environmental impact statement takes a really long time and is likely to be litigated over. If you’re a developer who can’t avoid putting your energy project on federal land, you may just want to avoid moving forward with it – the cost may outweigh whatever revenue you could get from that project because you can’t know how much money you’ll have to pour into it.
Huh. Sounds like everything is working well. I do think your work identifies a clear risk in developing on federal lands, which is baked into the marketplace now given the pause on permits for renewables on federal lands.
Yeah. And if you think about where the best places would be to put these technologies? It is on federal lands. The West is way more federal land than anywhere else in the county. Nevada is a great place to put solar — there’s a lot of sun. But we’re not going to put anything there if we can’t put anything there.
What’s the remedy?
We propose a set of policy suggestions. We think the judicial review process could be sped along or not be as burdensome. Our research most obviously points to shortening the statute of limitations under the Administrative Procedures Act from six years to six months, because a great deal of the projects we reviewed made it in that time, so you’d see more cases in good faith as opposed to someone waiting six years waiting to challenge it.
We also think engaging stakeholders much earlier in the process would help.
The Bureau of Land Management says it will be heavily scrutinizing transmission lines if they are expressly necessary to bring solar or wind energy to the power grid.
Since the beginning of July, I’ve been reporting out how the Trump administration has all but halted progress for solar and wind projects on federal lands through a series of orders issued by the Interior Department. But last week, I explained it was unclear whether transmission lines that connect to renewable energy projects would be subject to the permitting freeze. I also identified a major transmission line in Nevada – the north branch of NV Energy’s Greenlink project – as a crucial test case for the future of transmission siting in federal rights-of-way under Trump. Greenlink would cross a litany of federal solar leases and has been promoted as “essential to helping Nevada achieve its de-carbonization goals and increased renewable portfolio standard.”
Well, BLM has now told me Greenlink North will still proceed despite a delay made public shortly after permitting was frozen for renewables, and that the agency still expects to publish the record of decision for the line in September.
This is possible because, as BLM told me, transmission projects that bring solar and wind power to the grid will be subject to heightened scrutiny. In an exclusive statement, BLM press secretary Brian Hires told me via e-mail that a secretarial order choking out solar and wind permitting on federal lands will require “enhanced environmental review for transmission lines only when they are a part of, and necessary for, a wind or solar energy project.”
However, if a transmission project is not expressly tied to wind or solar or is not required for those projects to be constructed… apparently, then it can still get a federal green light. For instance in the case of Greenlink, the project itself is not explicitly tied to any single project, but is kind of like a transmission highway alongside many potential future solar projects. So a power line can get approved if it could one day connect to wind or solar, but the line’s purpose cannot solely be for a wind or solar project.
This is different than, say, lines tied explicitly to connecting a wind or solar project to an existing transmission network. Known as gen-tie lines, these will definitely face hardships with this federal government. This explains why, for example, BLM has yet to approve a gen-tie line for a wind project in Wyoming that would connect the Lucky Star wind project to the grid.
At the same time, it appears projects may be given a wider berth if a line has other reasons for existing, like improving resilience on the existing grid, or can be flexibly used by not just renewables but also fossil energy.
So, the lesson to me is that if you’re trying to build transmission infrastructure across federal property under this administration, you might want to be a little more … vague.