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Why the Manchin-Barrasso bill might not be worth it.
Senator Joe Manchin’s new permitting deal is the best shot Congress will get this year to boost transmission and renewables. It may also lock in generations of future fossil fuel production and exports.
To many climate activists, that’s not a trade worth making.
Tomorrow, the Senate Energy and Natural Resources Committee will vote on a deal Manchin struck with the panel’s top Republican, John Barrasso, that couples faster transmission and renewable energy approvals and restrictions on litigation with much stronger requirements for regular oil, gas, and coal lease sales on federal lands. It would also restrict the Energy Department from continuing its pause on liquified natural gas export terminal approvals (an action that has already been overturned in court) and also, activists note, potentially bar the federal government from having authority over oil and gas drill sites on private lands. Critics say this would take away a tool regulators in Washington can use to require a well — a potential source of methane, the hyper-potent greenhouse gas — be plugged in the event the owner goes bankrupt and abandons the site.
The environmentalist reaction to the bill has been swift and loud, with a broad swath of organizations coming out fiercely against its passage. Even some groups seen as more business-friendly, such as the Environmental Defense Fund, praised the transmission bits while calling out “permitting proposals drafted without meaningful consultation of frontline communities” and proclaiming the fossil fuel language objectionable.
In a development that has quietly befuddled activists, a growing number of climate-friendly Democrats are coming out in favor of the legislation. Senators John Hickenlooper and Martin Heinrich, whose transmission proposals landed in the deal, are likely to vote in favor of the bill in committee this week.
“This legislation is our opportunity to unlock an American-made clean energy future,” Heinrich told Politico’s E&E News in a statement last week. “It will create good-paying jobs, grow our workforce, and help us deliver affordable and reliable electricity to all Americans — all while helping to meet our ambitious and urgent climate goals.”
Fossil fuels produced on federal lands for energy represent a substantial portion of the greenhouse gas emissions produced by the United States, a fact even Biden regulators have acknowledged while allowing more sales.
Whether this legislation can get to a full vote in the Senate is far from certain, and it’s a longshot for passage in this Congress. The bill goes further in favor of fossil fuels than the 2022 Manchin permitting deal, which was blocked by a confluence of opposition from environmentalists and far-right legislators that wanted an even more aggressive approach to overhauling environmental laws.
The same sort of coalition could stall this bill. But it would not surprise me if many more Democrats added their voices and votes in support. Over my years of reporting in Congress, I found a growing sense of frustration in Democratic circles at the lack of shovel-ready projects funded by the Inflation Reduction Act. They blame the National Environmental Policy Act, the Federal Energy Regulatory Commission, and pencil-pushing government officials. They’re tired of being asked “will they or won’t they” questions by Hill reporters about an ever-elusive permitting deal. So they may take any leap of faith to see those visual victories come to fruition faster — and help shore up political support for keeping the landmark climate law in place.
But that’s not how climate activists want them to see the bill. At all.
“Honestly, the amount of fossil fuels that can be deployed out of this far outweighs to me the gains we would get in transmission,” Johanna Bozuwa, executive director of the Climate and Community Project, told me. “I can understand the ‘for’ side of this. People are frustrated and they are sick of transmission not being deployed. Whereas the people who are against this bill are like, you need to think about the ramifications right now. Because what is being built into this bill is not next year’s emissions. It’s thirty years of emissions.”
Under Manchin-Barrasso, it would be much harder for the federal government to reduce how much land and sea it sells to fossil fuel companies every year.
The federal government regularly offers land for oil and gas companies to purchase for drilling sites. Deciding what land to sell and how much acreage to offer is normally a process decided at the bureaucratic level in tandem with industry input and environmental analyses. Under the Trump administration, lease sales were plentiful, though some had to be canceled because of inadequate climate and species reviews. Biden’s gone the opposite direction, but in order to win Manchin’s crucial vote, the IRA also complicated efforts to wind down fossil fuel auctions. One of Manchin’s non-negotiables for passing the bill was tying renewables leasing to millions of acres in mandatory oil and gas lease sales. In other words, to sell land for renewables, the government must now sell fossil fuels too.
Specifically, the IRA required the government to sell either millions of acres or the acreage that industry expresses interest in. So far, the Interior Department has found wiggle room by saying the acres they sell do not need to align precisely with properties requested by developers. Some in the oil and gas industry have accused the Biden administration of deliberately offering land the industry doesn’t want.
What Manchin-Barrasso would do, activists say, is essentially tie the hands of the government on this requirement. One provision would insert the phrase “for which expressions of interest have been submitted” into the mandatory onshore oil and gas leasing totals in the IRA, in effect putting industry’s desired land for leasing into statute as a requirement.
The bill would also require the government to hold annual offshore oil and gas lease sales at a time when the Biden administration is non-committal about auctioning in certain future years before environmental analyses are conducted.
There’s also the part about drilling on private land. A provision in Manchin-Barrasso appears to ban the federal government from requesting applications for permits to drill on private lands in circumstances when the government owns only the minerals beneath the surface but not above. These applications, known as APDs, are a key opportunity for federal regulators to require project developers post a bond on oil and gas wells as well as provide at least some level of info on environmental mitigation measures. Advocates emphasize this input also comes with an opportunity to intervene when an operator goes bankrupt and leaves a well unplugged, puking methane into the atmosphere. Manchin-Barrasso would instead cede that authority entirely to the states.
The bill would also require the government to process applications for coal leasing when the Biden administration is trying, essentially, to stop such leasing altogether.
Plus there’s the LNG export language which, well, explains itself.
For the energy transition, the bill would: create timetables for permitting renewables on federal rights-of-way; allow minimal environmental reviews of “low-disturbance” renewables construction projects; set a national goal of 50 gigawatts of renewables on federal land by 2030; ease geothermal permitting; provide easier environmental reviews to certain transmission activities within recently approved rights-of-way; grant FERC more authority to greenlight transmission projects that are considered to be in the “national interest;” and give hydropower projects more lenience on license extensions.
To some, that might be a worthwhile compromise — in the world of the possible, the deal may be the biggest opportunity for real gains on transmission and renewables this Congress. Should the November elections swing in the GOP’s direction, Democrats seeking a less fossil-friendly permitting deal would have essentially no chance because they could lose the House, the Senate and the White House, making this the only game in town, potentially for a long time. This bill would also achieve the elusive dream of a bipartisan compromise, where both sides get some but not all of what they want to achieve incremental progress on something viewed in D.C. as a long bemoaned problem.
“It is a really good bipartisan deal,” Xan Fishman of the Bipartisan Policy Center told me last week. “Not everyone is going to be happy.”
That argument isn’t convincing Rep. Jared Huffman, a top Democrat on the House Natural Resources Committee, who has emerged as a vocal critic of the Senate legislation. Huffman told me he wants to see transmission boosted “without massive giveaways to the fossil fuel industry.” When asked if he’s comfortable with accusations he’s holding up a bipartisan compromise, he simply said, “Whatever.”
“This is a bad deal. It just goes way too far in the direction of oil, gas and coal,” he told me. “We’ve got to stop dignifying this notion that to take one step forward on clean energy, we’ve got to take two steps backward on fossil fuel production.”
Brett Hartl, government affairs director for the Center for Biological Diversity, noted to me that when the Inflation Reduction Act was passed into law, Democrats had analyses showing the potential decarbonization benefits of the legislation — oil and gas warts and all. It ultimately showed net wins on climate, no matter how hard the other stuff may have been to swallow.
“Where’s the math that proves this is good?” he asked of the Manchin-Barrasso bill.
The truth is, we don’t know the climate impacts of this legislation yet, though experts are at work poring over the details. Meanwhile, some climate advocates are trying to get their own math out there. At the start of the week, I attended a small roundtable discussion with Jeremy Symons, a longtime environmental advocate who once worked on the Senate Environment and Public Works Committee, as well as representatives of Public Citizen and Earthjustice and other reporters from Politico and S&P Global. At that roundtable, Symons presented an analysis declaring the legislation’s impact on LNG exports reviews alone would be equivalent to that from 165 coal-fired power plants and that it would take roughly 50 large renewable electricity-powered transmission lines to make up the negative climate impacts of the provision.
“Lawmakers should do some deep dive reevaluation and reach out to other outside experts to make sure that they fully understand [this bill],” Tyson Slocum of Public Citizen said at the roundtable.
Manchin’s office did not respond to requests for comment for this story.
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On a Justice Department crackdown, net zero’s costs, and Democrats’ nuclear fears
Current conditions: Hurricane Lorena, a Category 1 storm, is threatening Mexico and the Southwestern U.S. with flooding and 80 mile-per-hour winds • In the Pacific, Hurricane Kiko strengthened to a Category 4 storm as it heads toward Hawaii • South Africa’s Northern Cape is facing extremely high fire risks.
The owners of Revolution Wind are fighting back against the stop-work order from President Donald Trump that halted construction on the offshore wind project off the coast of Rhode Island last month. On Thursday, Orsted and Skyborn Renewables filed a complaint in the U.S. District Court for the District of Columbia, accusing the Trump administration of causing “substantial harm” to a legally permitted project that was 80% complete. The litigation claimed that the Department of the Interior’s Bureau of Ocean Energy Management “lacked legal authority for the stop-work order and that the stop-work order’s stated basis violated applicable law.”
“Revolution Wind secured all required federal and state permits in 2023, following reviews that began more than nine years ago,” the companies said in a press release. “Revolution Wind has spent and committed billions of dollars in reliance upon this fulsome review process.” The states of Rhode Island and Connecticut filed a similar complaint on Thursday in the U.S. District Court for the District of Rhode Island, seeking to “restore the rule of law, protect their energy and economic interests, and ensure that the federal government honors its commitments.” Analysts didn’t expect the order to hold, as Heatmap’s Matthew Zeitlin reported last month, though the cost to the project’s owners was likely to rise. As I have reported repeatedly in this newsletter over the past few weeks, the Trump administration is enlisting at least half a dozen agencies in a widening attack meant to eliminate a generating technology that is rapidly growing overseas.
After the cleanup in Altadena, California.Mario Tama/Getty Images
The Department of Justice sued South California Edison on Thursday for $77 million in damages, accusing the utility of negligence that caused two deadly wildfires. Federal prosecutors in California alleged the utility failed to maintain infrastructure that ultimately sparked the Eaton fire in January, and the 2022 Fairview fire in Riverside County, The Wall Street Journal reported. The fires collectively killed about two dozen people and charred more than 42,000 acres of land. “Hardworking Californians should not pick up the tab for Edison’s negligence,” said Bill Essayli, the acting U.S. Attorney for California’s Central District, where the lawsuit was filed.
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It sure sounds like a lot of money. In a new research note released this week, the energy consultancy BloombergNEF calculated the total cost to transition the global economy off unmitigated fossil fuels by 2050 at $304 trillion. But that’s only 9% above the cost of continuing to develop worldwide energy systems on economics alone, which would result in 2.6 degrees Celsius of global warming. That margin is relatively narrow because the operating costs of cleaner technologies such as electric vehicles and renewable power generators are lower than the cost of fuel in the long term. The calculation also doesn’t account for the savings from avoided climate disasters in a net-zero scenario that halts the planet’s temperature spike at 1.7 degrees Celsius. While the cost of investing in renewables, grid infrastructure, electric vehicles, and carbon capture technology would add $45 trillion in additional investment, it’s ultimately offset by $19 trillion in annual savings from making the switch.
Microsoft has signed a series of deals that tighten the tech giant’s grip on the nascent carbon removal market. With new agreements that involve direct air capture in North American and burning garbage for energy in Oslo, Microsoft now accounts for 80% of all credits ever purchased from tech-based carbon removal projects. The company made up 92% of purchases in the first half of this year, the Financial Times reported, citing the data provider AlliedOffsets. By comparison, Amazon made up 0.7% of the market and Google comprised 1.4%.
We are still far from where carbon removal needs to be to make an impact on emissions. All the Paris Agreement-consistent scenarios modeled in the scientific literature require removing between 4 billion and 6 billion metric tons of carbon per year by 2035, and between 6 billion and 10 billion metric tons by 2050, as Heatmap’s Emily Pontecorvo wrote recently. “For context, they estimate that the world currently removes about 2 billion metric tons of carbon per year over and above what the Earth would naturally absorb without human interference.”
At a hearing before the Senate Environment and Public Works Committee, the two Democrats left on the Nuclear Regulatory Commission told Congress they feared Trump would fire them if they raised safety concerns about new reactors. Matthew Marzano said the “NRC would not license a reactor” that didn’t pass safety standards, but that it’s a “possibility” the White House would oust him for withholding approval. “I think on any given day, I could be fired by the administration for reasons unknown,” Crowell told lawmakers, according to a write-up of the hearing in E&E News.
Hitachi Energy announced more than $1 billion in investments to expand manufacturing of electrical grid infrastructure in the U.S. That includes about $457 million for a new large power transformer facility in Virginia. “Power transformers are a linchpin technology for a robust and reliable electric grid and winning the AI race,” Andreas Schierenbeck, chief executive of Hitachi Energy, said in a press release. “Bringing production of large power transformers to the U.S. is critical to building a strong domestic supply chain for the U.S. economy and reducing production bottlenecks, which is essential as demand for these transformers across the economy is surging.”
All of the administration’s anti-wind actions in one place.
The Trump administration’s war on the nascent U.S. offshore wind industry has kicked into high gear over the past week, with a stop work order issued on a nearly fully-built project, grant terminations, and court filings indicating that permits for several additional projects will soon be revoked.
These actions are just the latest moves in what has been a steady stream of attacks beginning on the first day Trump stepped into the White House. He appears to be following a policy wishlist that anti-offshore wind activists submitted to his transition team almost to a T. As my colleague Jael Holzman reported back in January, those recommendations included stop work orders, reviews related to national security, tax credit changes, and a series of agency studies, such as asking the Health and Human Services to review wind turbines’ effects on electromagnetic fields — all of which we’ve seen done.
It’s still somewhat baffling as to why Trump would go so far as to try and shut down a nearly complete, 704-megawatt energy project, especially when his administration claims to be advancing “energy addition, NOT subtraction.” But it’s helpful to see the trajectory all in one place to understand what the administration has accomplished — and how much is still up in the air.
January 20: Trump issues a presidential memorandum temporarily halting all new onshore and offshore wind permitting and leasing activities “in light of various alleged legal deficiencies underlying the Federal Government’s leasing and permitting of onshore and offshore wind projects,” while his administration conducts an assessment of federal review practices. The memo also temporarily withdraws all areas on the U.S. Outer Continental Shelf from offshore wind leasing.
March 14: The Environmental Protection Agency pulls a Clean Air Act permit for Atlantic Shores, which was set to deliver power into New Jersey.
April 16: The Department of the Interior issues a stop work order to Empire Wind, a New York offshore wind farm that began construction in 2024. Interior Secretary Doug Burgum accuses the Biden administration of giving the project a “rushed approval” that was “built on bad and flawed science,” citing feedback from the National Oceanic and Atmospheric Administration.
May 1: The Interior Department withdraws a Biden-era legal opinion for how to conduct permitting in line with the Outer Continental Shelf Lands Act that advised the Secretary to “strike a rational balance” between wind energy and fishing. The Department reinstated the opinion issued under Trump’s first term, which was more favorable to the fishing industry.
May 2: Anti-offshore wind group Green Oceans sends a 68-page report titled “Cancelling Offshore Wind Leases” to Secretary Burgum and acting Assistant Secretary for Lands and Minerals Management Adam Suess, according to emails uncovered by E&E News. The report “evaluates potential violations of Outer Continental Shelf Lands Act (OCSLA) and related Federal laws in addition to those generally associated with environmental protection.”
May 5: Seventeen states plus the District of Columbia file a lawsuit challenging Trump’s January 20 memo halting federal approvals of wind projects.
May 19: The Interior Department lifts the stop work order on Empire Wind after closed-door meetings between New York governor Kathy Hochul and President Trump, during which the White House later says that Hochul “caved” to allowing “two natural gas pipelines to advance” through New York. Hochul denies reaching any deal on pipelines during the meetings.
June 4: Atlantic Shores files a request with New Jersey regulators to cancel its contract to sell energy into the state.
July 4: Trump signs the One Big Beautiful Bill Act, which imposes new expiration dates on tax credits for wind and solar projects, including offshore wind, as well as on the manufacture of wind turbine components.
July 7: The Environmental Protection Agency notifies the Maryland Department of the Environment that the state office erred when issuing an air permit to the Maryland Offshore Wind Project, also known as MarWin, because the state specified that petitions to review the permit would go to state court rather than the federal agency. The state later disagrees.
July 17: New York regulators cancel plans to develop additional transmission capacity for future offshore wind development, citing “significant federal uncertainty.”
July 29: The Interior Department issues an order requesting reports that describe and provide recommendations for “trends in environmental impacts from onshore and offshore wind projects on wildlife” and the impacts that approved offshore wind projects might have on “military readiness.” The order also asserts that the Biden administration misapplied federal law when it approved the construction and operation plans of offshore wind projects.
July 30: The Interior Department rescinds all designated “wind energy areas” on the U.S. Outer Continental Shelf, which had been deemed suitable for offshore wind development.
August 5: The Interior Department eliminates a requirement to publish a five-year schedule of offshore wind energy lease sales and to update the lease sale schedule every two years.
August 7: The Interior Department initiates a review of offshore wind energy regulations “to ensure alignment with the Outer Continental Shelf Lands Act and America’s energy priorities under President Donald J. Trump.”
August 13: The Department of Commerce initiates an investigation into whether imports of onshore and offshore wind turbine components threaten national security, a precursor to imposing tariffs.
New Jersey regulators also decide to delay offshore wind transmission upgrades by two years. They officially cancel their contract with Atlantic Shores.
August 22: The Interior Department issues a stop work order on Revolution Wind, an offshore wind project set to deliver power to Rhode Island and Connecticut, citing national security concerns. The 65-turbine project is already 80% complete.
Interior also says in a court filing that it intends to “vacate its approval” of the Construction and Operations Plan for the Maryland Offshore Wind Project.
August 29: The Interior Department says in a court filing that it “intends to reconsider” its approval of the construction and operations plan for the SouthCoast wind project, which was set to deliver power to Massachusetts.
The Department of Transportation also withdraws or terminates $679 million for 12 offshore wind port infrastructure projects to “ensure federal dollars are prioritized towards restoring America’s maritime dominance” by “rebuilding America’s shipbuilding capacity, unleashing more reliable, traditional forms of energy, and utilizing the nation’s bountiful natural resources to unleash American energy.” The grants include:
September 3: The Interior Department says in a court filing that it intends to vacate its approval of the construction and operations plan for Avangrid’s New England Wind 1 and 2, which were set to deliver power to Massachusetts.
The New York Times also reports that the White House has instructed “a half-dozen agencies to draft plans to thwart the country’s offshore wind industry,” including asking the Department of Health and Human Services to study “whether wind turbines are emitting electromagnetic fields that could harm human health,” and asking the Defense Department to probe “whether the projects could pose risks to national security.”
September 4: The states of Rhode Island and Connecticut, as well as Orsted, file lawsuits challenging the stop work order on Revolution Wind.
At the start of all this, the U.S. had three offshore wind projects that were fully operational and five that were under construction. As of today, the Trump administration has halted just one of those five, but it has threatened to rescind approvals for each and every remaining fully permitted project that hasn’t yet broken ground.
The tumult has rippled out into the states, where regulators in Massachusetts and Rhode Island are delaying plans to sign contracts to procure additional energy from offshore wind projects.
Looking ahead, we can expect a few things to happen over the next few weeks. We’ll see the Interior Department formally begin to rescind permits, as it indicated it would do in numerous court filings. We’ll also likely get an opinion from a federal court in Massachusetts in the case that states filed fighting Trump’s Day One memo. Orsted also said it intends to ask for a temporary injunction, so it’s possible that Revolution Wind could resume construction soon.
It’s been barely a month since Jael dubbed the Trump administration’s tactics a “total war on wind.” While the result hasn’t been a complete shutdown of the industry, it seems he might still be in the early stages of his plan.
The Nimbus wind project in the Ozark Mountains is moving forward even without species permits, while locals pray Trump will shut it down.
The state of Arkansas is quickly becoming an important bellwether for the future of renewable energy deployment in the U.S., and a single project in the state’s famed Ozark Mountains might be the big fight that decides which way the state’s winds blow.
Arkansas has not historically been a renewables-heavy state, and very little power there is generated from solar or wind today. But after passage of the Inflation Reduction Act, the state saw a surge in project development, with more than 1.5 gigawatts of mostly utility-scale solar proposed in 2024, according to industry data. The state also welcomed its first large wind farm that year.
As in other states – Oklahoma and Arizona, for example – this spike in development led to a fresh wave of opposition and grassroots organizing against development. At least six Arkansas counties currently have active moratoria on solar or wind development, according to Heatmap Pro data. Unlike other states, Arkansas has actually gone there this year by passing a law restricting wind development and requiring all projects to have minimum setbacks on wind turbines from neighboring property owners of at least 3.5-times the height of the wind turbine itself, which can be as far as a quarter of a mile.
But activists on the ground still want more. Specifically, they want to stop Scout Clean Energy’s Nimbus wind project, which appears to have evaded significant barriers from either the new state law or a local ordinance blocking future wind development in Carroll County, the project’s future home. This facility is genuinely disliked by many on the ground in Carroll County; for weeks now, I have been monitoring residents posting to Facebook with updates on the movements of wind turbine components and their impacts to traffic. I’ve also seen the grumbling about it travel from the mouths of residents living near the project site to conservative social media influencers and influential figures in conservative energy policy circles.
The Nimbus project is also at considerable risk of federal intervention in some fashion. As I wrote about a few weeks ago, Nimbus applied to the Fish and Wildlife Service for incidental take approval covering golden eagles and endangered bats throughout the course of its operation. This turned into a multi-year effort to craft a conservation plan in tandem with permitting applications that are all pending approval from federal officials.
Scout Clean Energy still had not received permission by the time FWS changed hands to Trump 2.0, though – putting not only its permit but the project itself in potential legal risk. In addition, activists have recently seized upon risks floated by the Defense Department during development around the potential for the turbines to negatively impact radar capabilities, which previously resulted in the developer planning towers of varying heights for the blades.
These risks aren’t unique to Nimbus. Some of this is a reflection of how wind projects are generally so large and impactful that they wind up eventually landing in a federal nexus. But in this particular case, the fact that it seemed nothing could halt this project made me wonder if Trump was on the minds of people in Carroll County, too.
That’s how I wound up on the phone with Caroline Rogers, a woman living on Bradshaw Mountain near the Nimbus project site, who told me she has been fighting it since she first learned about it in 2023. Rogers and I chatted for almost an hour and, candidly, I found her to be an incredibly nice individual. When I asked her why she’s against the wind farm, she brought up a bunch of reasons I couldn’t necessarily fault her for, like concerns about property values and a lack of local civil services to support the community if there were a turbine failure or fire at the site.
“I still pray every day,” she told me when I asked her about whether she wants an outside force – à la Trump – to come in and do something to stop the facility. “There have been projects that have been stopped for various reasons, and there have been turbines that have been taken down.”
One of the things Rogers hopes happens is that the Fish and Wildlife Service’s bird crackdown comes for the Nimbus project, which is under construction even as it’s unclear whether it’ll ever get the take permits under the Trump administration. “Maybe it can be more of an enforcement [action],” she told me. “I hope it happens.”
This is where Trump’s unprecedented approach to energy development – and the curtailment of it – would have to cross a new rubicon. The Fish and Wildlife Service has rarely exercised its bird protection enforcement abilities against wind projects because of a significant and recent backlog in the permitting process related to applications from the sector. Bill Eubanks, an environmental attorney who works on renewables conflicts, told me earlier this week that if a developer is told by the agency it needs a permit, then “they’re on notice if they kill an eagle.” But while enforcement powers have been used before, it is “not that common.”
Even Rogers knows intervention from federal species regulators would be a potentially unprecedented step. “It can never stop a project that I’ve seen,” she told me.
Yet if Trump were to empower FWS to go after wind projects for violating species statutes, it is precisely this backlog that would make projects like Nimbus a potential target.
“They got so many applications from developers, and each one takes so much staff time to finalize,” Eubanks told me. “Even before January 20, there was already a significant backlog.”
Scout Clean Energy did not respond to requests for comment. If I hear from them or the Fish and Wildlife Service, I will let you know.