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Whether that’s enough to see it through this Congress is another story.

We now know what a real bipartisan permitting overhaul could look like.
Senators Joe Manchin and John Barrasso on Monday unveiled the Energy Permitting Reform Act, the product of months of negotiations over how to craft a sweeping change to the nation’s federal energy project approvals system that could actually pass through Congress. It’s got a little bit of everything: For the oil and gas folks, there’s mandatory offshore oil and gas lease sales and streamlined permitting requirements; for renewables, there’s faster permits for “low-impact” construction jobs and new deployment goals; for transmission, there’s siting authority for interstate lines, compulsory interregional planning, and clarity on cost allocation. There are also sections devoted to helping mining projects navigate legal uncertainties around mill sites and assistance for hydropower projects needing extended licenses. Lastly there’s a fresh limit on the length of time allowed for legal challenges against energy projects of all types.
In other words, it’s an energy smorgasbord, and all sorts of fuels and resources are invited to the party.
Will such a bill be able to sail through Congress in the middle of a close election cycle? Unclear, but highly doubtful. Will it be able to overcome opposition from the major environmental groups — Sierra Club, the Natural Resources Defense Council, and Earthjustice — that stymied Manchin’s prior permitting deal? We have yet to hear from President Joe Biden, Vice President Kamala Harris, or congressional Democratic leaders on whether they support the bill, and representatives for the White House and Senate Majority Leader Chuck Schumer did not respond to requests for comment.
But to the people most deeply invested in bipartisan permitting compromise, none of that matters — for now, at least. In their view, this bill sets the parameters for whatever permitting deal will eventually become law, whether that’s in this Congress or the next.
“Some of the environmental community is going to look at this and see it as a net win for climate change, and some in the environmental community are more anti-fossil fuel than they are pro-reducing emissions, and so it’s harder for them to get over the fossil fuel aspect of the bill,” Xan Fishman, senior director of the energy program at the Bipartisan Policy Center, told me. “But to some extent, that’s how bipartisan deals come together. Not everyone is going to be happy.”
The biggest gain for energy transition advocates is plainly the transmission language. Since the Inflation Reduction Act (which also similarly frustrated environmental groups with its giveaways to oil and gas) became law, it has been painfully apparent that easing the federal permitting burden on transmission could speed up the deployment of renewables projects boosted by the climate law. But Republicans have so far been unwilling to consider advancing transmission support on its own, in which case the Beltway Elite conventional wisdom calls for sweetening the deal with measures that benefit fossil fuels.
Agencies have already tried to advance permitting assistance sans new legislation. The Federal Energy Regulatory Commission has advanced a potential fix to regional transmission planning via Order 1920, and the Interior Department has moved forward with regulation to ease permitting burdens on solar and wind projects. Congress has also moved piecemeal solutions to sector-specific problems, such as the ADVANCE Act, which provided federal officials with new legal resources to process cutting-edge nuclear projects. But these have not achieved anything close to the broad changes that industry representatives say are needed for the overall permitting regime.
Fishman and other observers in D.C. expect Manchin to try and move the bill out of his Senate Energy and Natural Resources Committee imminently, but it’s best shot of seeing the floor won’t come until after the election, during the so-called “lame duck” session. They’re also expecting more permitting proposals out of a different committee, Senate Environment and Public Works, which has key jurisdiction over activities of the Environmental Protection Agency. Manchin couldn’t touch those because they don’t fall under the remit of his committee, but advocates for a deal believe EPA language would help relieve more of the burden projects face.
Yet with some climate Democrats coming out in support of the bill already, those seeking a permitting deal say the immediate odds for the Manchin-Barrasso bill enactment into law are not at all the point. What matters is that we now have a real life example of what a true blue bipartisan compromise on permitting that advances the energy transition can look like.
“Even if this doesn’t pass, this is the baseline for conversations,” Ryan Fitzpatrick of Third Way told me. “This is a net win for climate … it’s the starting point, however it may be adapted.”
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Utilities are bending over backward to convince even their own investors that ratepayers won’t be on the hook for the cost of AI.
Utilities want you to know how little data centers will cost anyone.
With electricity prices rising faster than inflation and public backlash against data centers brewing, developers and the utilities that serve them are trying to convince the public that increasing numbers of gargantuan new projects won’t lead to higher bills. Case in point is the latest project from OpenAI’s Stargate, a $7-plus-billion, more-than-1-gigawatt data center due to be built outside Detroit.
The project was announced Thursday by Michigan Governor Gretchen Whitmer, who focused heavily on the projected economic benefits of the projects while attempting to head off criticism that it would lead to higher costs. In the first sentence of her press release, she said that the project will “create more than 2,500 union construction jobs, more than 450 jobs on site and 1,500 more across the county.” Also, it “will be one of the most advanced AI infrastructure facilities in the U.S., especially when it comes to its efficient use of land, water, and power.” Oh, and it “will not require any additional power generation to operate.”
The utility set to power the project, DTE Energy, released its quarterly earnings Thursday, as well, which described a 1.4-gigawatt project it had already executed. In a presentation for analysts and investors, DTE said that the new data center would pay for “required storage through a 15-year energy storage contract,” and that it would “support affordability for existing customers as excess capacity is sold.”
On a call with analysts, DTE Energy chief executive Joi Harris further asserted that the project has “meaningful affordability benefits to our existing customers.” As the data center ramps up, she explained, it can use existing excess capacity on the grid. By the time it reaches full strength, it will enjoy the benefits of “nearly $2 billion of incremental energy storage investments and additional tolling agreements to support this data center load.”
Who will pay for energy storage and tolling agreements? A DTE spokesperson, Jill Wilmot, clarified in an email that “DTE will meet the 1.4 gigawatts of demand from the data center with existing capacity,” and that “new energy storage will be built — and paid for by the customer” — that is, Stargate — “to help augment times of peak demand, ensuring continued reliability for all customers.”
Data centers help spread out the fixed costs of the grid more widely, Wilmot went on. “Data center development in DTE’s electric service territory will not increase customer rates,” she said, adding that “DTE is ensuring the data center will absorb all new costs required to serve them — in this case, battery storage. Our customers will not pay.”
That said, Wilmot did not answer a question about whether there would be any network or transmission upgrades necessary. She told me that she expected DTE would make a filing for the project with Michigan regulators later Friday.
Consumer advocates were skeptical of the utility’s claims. “When you are talking about new demand as massive as what would be created by this data center, we can’t afford to just take DTE at its word that other customers won’t be affected,” Amy Bandyk, the executive director of the Citizens Utility Board of Michigan, told me in an email. She called for Michigan regulators “to require DTE and the data center customer to agree on a tariff specific to that customer that includes robust protections against cost-shifting and provisions that any incremental costs will be solely covered by this new customer.”
More utilities and data center developers are trying to explicitly head off claims that data centers are driving up electricity rates. In another recent data center announcement for a multi-billion-dollar project in West Memphis, Arkansas, Google and the Arkansas Economic Development Commission said that “Google will be covering the full energy costs for the West Memphis facility and will be ramping up new solar energy and battery storage resources for the facility.”
Drew Marsh, the chief executive of Entergy, the utility serving the project, confirmed on an earnings call earlier this week that Google “will protect energy affordability for existing customers by covering the full cost of powering the data center in West Memphis.” He also said that in Mississippi, where Amazon has announced a $16 billion project, “customer rates would be 16% lower than they otherwise would have been due to these large customers.”
So why are utilities — which, after all, get paid by ratepayers for the investments they make in their systems — telling their investors about all the money they’re not charging ratepayers?
In short, utilities and developers know they’re on political thin ice, and they don’t want to kill the golden goose of data center development by stoking a populist backlash to rising electricity prices that could result in either government-mandated slashing of their investment plans, caps on the rates they can charge, or both.
“Looking ahead, we anticipate the central issue will be how utilities protect residential customers from costs associated with large-load customers, or else face potential consequences from regulators,” Mizuho analyst Anthony Crowdell said in a note to clients earlier this week. “Data centers, and their associated load, have the potential” to “cause political push-back.”
This is already happening across the country. The frontrunner in the New Jersey gubernatorial race, Democrat Mikie Sherrill, for example, has promised to freeze electricity rates, which have seen a sharp runup in recent years. Indiana Governor Mike Braun, a Republican, said in a recent statement that “we can’t take it anymore,” in reference to rate hikes. Indiana has also rejected a number of proposed data centers rejections, as I covered earlier this year.
This means that utilities will have to carefully about how and to whom they allocate costs arising from data center development and operation.
“Allocation of cost will be pivotal as the current ’pocketbook issues driving a lot of the U.S. political debate could create some challenging regulatory outcomes should data centers put pressure on customer bills,” Crowdell wrote.
But what’s said in an announcement to the media or to investors may not always reflect the reality of utility cost allocation, Harvard Law School professor Ari Peskoe told me.
“Don’t trust a utility press release or comment from a CEO of a monopoly that says Hey, these rates are good for you,” he told me.
Peskoe told me to pay close attention to the regulatory fillings utilities make for their data center projects, not just what they tell the press or investors. “Are the utilities themselves actually making these claims as strongly as their CEOs are making them in investor calls? And then once we do have a regulatory process about it, are they being transparent in that regulatory process? Are they hiding a lot of details behind the confidentiality claims so that only the participants in that proceeding actually get to see the details?”
Peskoe also pointed to other costs that might be incurred in the course of data center development that get socialized across the rate base but aren’t necessarily directly tied to any one development, like the transmission and network upgrades, that have contributed to large price increases in the PJM Interconnection territory.
“What you’re looking for is a firm contract that ensures the data center is going to be paying for every penny that the utility is incurring to provide service, so that it’s paying for all the new infrastructure that’s serving it,” Peskoe said. Without that, all you have is a press release.
The state formerly led by Interior Secretary Doug Burgum does not have a history of rejecting wind farms – which makes some recent difficulties especially noteworthy.
A wind farm in North Dakota – the former home of Interior Secretary Doug Burgum – is becoming a bellwether for the future of the sector in one of the most popular states for wind development.
At issue is Allete’s Longspur project, which would see 45 turbines span hundreds of acres in Morton County, west of Bismarck, the rural state’s most populous city.
Sited amid two already operating wind farms, the project will feed power not only to North Dakotans but also to Minnesotans, who, in the view of Allete, lack the style of open plains perfect for wind farms found in the Dakotas. Allete subsidiary Minnesota Power announced Longspur in August and is aiming to build and operate it by 2027, in time to qualify for clean electricity tax benefits under a hastened phase-out of the Inflation Reduction Act.
On paper, this sounds achievable. North Dakota is one of the nation’s largest producers of wind-generated power and not uncoincidentally boasts some of cheapest electricity in the country at a time when energy prices have become a potent political issue. Wind project rejections have happened, but they’ve been rare.
Yet last week, zoning officials in Morton County bucked the state’s wind-friendly reputation and voted to reject Longspur after more than an hour of testimony from rural residents who said they’d had enough wind development – and that officials should finish the job Donald Trump and Doug Burgum started.
Across the board, people who spoke were neighbors of existing wind projects and, if built, Longspur. It wasn’t that they didn’t want any wind turbines – or “windmills,” as they called them, echoing Trump’s nomenclature. But they didn’t want more of them. After hearing from the residents, zoning commission chair Jesse Kist came out against the project and suggested the county may have had enough wind development for now.
“I look at the area on this map and it is plum full of wind turbines, at this point,” Kist said, referencing a map where the project would be situated. “And we have a room full of people and we heard only from landowners, homeowners in opposition. Nobody in favor.”
This was a first for the county, zoning staff said, as public comment periods weren’t previously even considered necessary for a wind project. Opposition had never shown up like this before. This wasn’t lost on Andy Zachmeier, a county commissioner who also sits on the zoning panel, who confessed during the hearing that the county was approaching the point of overcrowding. “Sooner or later, when is too many enough?” he asked.
Zachmeier was ultimately one of the two officials on the commission to vote against rejecting Longspur. He told me he was looking to Burgum for a signal.
“The Green New Deal – I don’t have to like it but it’s there,” he said. “Governor Burgum is now our interior secretary. There’s been no press conferences by him telling the president to change the Green New Deal.” Zachmeier said it was not the county’s place to stop the project, but rather that it was up to the state government, a body Burgum once led. “That’s probably going to have to be a legislative question. There’s been nothing brought forward where the county can say, We’ve been inundated and we’ve had enough,” he told me.
The county commission oversees the zoning body, and on Wednesday, Zachmeier and his colleagues voted to deny Longspur’s rejection and requested that zoning officials reconsider whether the denial was a good idea, or even legally possible. Unlike at the hearing last week, landowners whose property includes the wind project area called for it to proceed, pointing to the monetary benefits its construction would provide them.
“We appreciate the strong support demonstrated by landowners at the recent Commission meeting,” Allete’s corporate communications director Amy Rutledge told me in an email. “This region of North Dakota combines exceptional wind resources, reliable electric transmission infrastructure, and a strong tradition of coexisting seamlessly with farming and ranching activities.”
I personally doubt that will be the end of Longspur’s problems before the zoning board, and I suspect this county will eventually restrict or even ban future wind projects. Morton County’s profile for renewables development is difficult, to say the least; Heatmap Pro’s modeling gives the county an opposition risk score of 92 because it’s a relatively affluent agricultural community with a proclivity for cultural conservatism – precisely the kind of bent that can be easily swayed by rhetoric from Trump and his appointees.
Morton County also has a proclivity for targeting advanced tech-focused industrial development. Not only have county officials instituted a moratorium on direct air capture facilities, they’ve also banned future data center and cryptocurrency mining projects.
Neighboring counties have also restricted some forms of wind energy infrastructure. McClean County to the north, for example, has instituted a mandatory wind turbine setback from the Missouri River, and Stark County to the west has a 2,000-foot property setback from homes and public buildings.
In other words, so goes Burgum, may go North Dakota? I suppose we’ll find out.
And more of the week’s top news about renewable energy conflicts.
1. Staten Island, New York – New York’s largest battery project, Swiftsure, is dead after fervent opposition from locals in what would’ve been its host community, Staten Island.
2. Barren County, Kentucky – Do you remember Wood Duck, the solar farm being fought by the National Park Service? Geenex, the solar developer, claims the Park Service has actually given it the all-clear.
3. Near Moss Landing, California – Two different communities near the now-infamous Moss Landing battery site are pressing for more restrictions on storage projects.
4. Navajo County, Arizona – If good news is what you’re seeking, this Arizona county just approved a large solar project, indicating this state still has sunny prospects for utility-scale development depending on where you go.
5. Gillespie County, Texas – Meanwhile out in Texas, this county is getting aggressive in its attempts to kill a battery storage project.
6. Clinton County, Iowa – This county just extended its moratorium on wind development until at least the end of the year as it drafts a restrictive ordinance.