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Get up to speed on the SPEED Act.

After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.
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And data centers might be collateral damage.
After derailing gigawatts of renewable power with a permitting freeze, the Trump administration is expanding its war on renewable energy, retaining one of country music’s biggest stars in a PR offensive against utility-scale projects on “prime farmland.”
The administration recently onboarded John Rich – one half of the stadium-packing American musical duo Big & Rich – to be Trump’s “special envoy for American landowners.” Rich entered activism around landowner rights last January when he backed opponents fighting a large Tennessee Valley Authority transmission project routed through his home county of Cheatham, Tennessee. This led to him joining the Trump team, where he’s fashioning himself as a go-to guy and cheerleader for anyone who wants Trump to help stop a solar or wind farm they don’t want built.
Rich’s first fight on behalf of the Trump team? Battling solar projects in upstate New York. Over the weekend, Agriculture Secretary Brooke Rollins, EPA Administrator Lee Zeldin, and the freshly-annointed Rich wrote New York Governor Kathy Hochul grilling her on the state’s definition of “prime farmland” and claiming “the absence of a clear plan” for disposing of solar panels after projects are decommissioned. The letter resulted from Rich’s conversations with a prominent anti-solar Substack author in upstate New York, Alexandra Fasulo, and it references a specific Repsol project under development in Glen, New York, that she is fighting in state court.
“Only 8 weeks ago, I decided to start posting my written content from Facebook and Substack to X. It didn’t take long before John Rich and I connected,” Fasulo wrote in a blog on Monday. “John and I spoke on the phone a few times. We texted and I began to share my research with him. Many meetings later… and the US Department of Agriculture, the Environmental Protection Agency (EPA), and John Rich put their heads together.” In her post Fasulo signaled more is coming. “If you read the letter slowly, you’ll get the gist of what the feds are trying to do here. For legal purposes, I am not going to explain that in writing. Read between the lines,” she said. “This lays the foundation for battling destruction at the hands of solar and wind complexes, battery storage, and so much more. Have a little faith and patience. There is A LOT to come.”
Trump is pivoting to farmland fights because there are few battlegrounds left for the federal government to fire upon. He has totally undermined large-scale renewable energy development in the ocean – I mean, look at offshore wind. He’s wrecked progress in the desert, where large solar farms on federal lands remain trapped in bureaucratic permitting delays. Some facilities are now getting through, like Primergy Power’s Purple Sage Energy Center south of Pahrump, Nevada, which got its permits last month. Yet other large projects are petering out; permitting on at least three large solar proposals – Smith Blythe’s Desert Energy Charger Project and Intersect Power’s Perkins Renewable Energy Project in California and Balanced Rock Power’s Samantha Solar effort in Nevada – has been paused or canceled outright since the start of the year.
The president’s turn to fighting projects on farmland also makes sense from a political standpoint. He’s facing an enormous backlash to a buildout of hyperscale data centers he supported, many of which are sited on acreage suitable for agriculture. Republicans running statewide in must-watch midterms battlegrounds – Texas and Iowa, for example – will have to navigate this rocky terrain where something their president supported is deeply unpopular. By bringing Rich aboard and letting him wail on renewable energy in the public square, it’ll be a signal that the Big Man is still listening to rural MAGA voters wary of industrial development.
In media interviews, Rich has claimed Trump created this new, unpaid special envoy position after the country star turned down an offer to sit on the TVA. “I said [to Trump], ‘if I serve with the TVA I cannot disparage the TVA, and I fully intend on keeping my right to disparage them intact.’” He said, ‘You know what, I respect that. So what do you want to do?’ And I said, ‘Man, give me a position where I’ve got some authority and I can work with the highest agencies in the land to protect landowners. Can you create something like that for me?’”
That’s at least the public story for how the president created the “special envoy” role, which Rich has described in ways that are equal parts citizen-government liaison and culture warrior. It’s now clear from his many posts on X that he’ll be heavily involved in messaging against the construction of new renewable energy facilities, carbon pipelines and, potentially, hyperscale data centers.
“[I’ll] go out, find these egregious situations where landowners are being infringed upon and I can go in, work with USDA, EPA, Secretary of the Interior, HUD, the Energy Department, and then all the way of course [to] the Oval Office – to throw up a defense against American landowners,” Rich told Atkisson. He added that data centers will also be a focus of his in government, and there are “two or three” projects out there where he wanted to intervene.
“The president wants to see the data centers built, but he also wants the farm and ranchland to be preserved. We have to have food security for America. We have to.”
Rich and Fasulo then joined Rollins and other administration officials at a press conference Thursday in Washington, D.C. Fasulo spoke at length against New York solar and wind development. Pressed on how data centers square with farmland protection, Rollins spoke about the anxiety in rural America around hyperscalers.
“That debate is raging right now,” she said. “I think that the importance of private property rights, the importance of preserving American farmland, the importance of ensuring we’re going to have another 250 years of freedom is paramount. Does that mean it is completely incompatible with data centers? I don’t think so and I know President Trump doesn’t think so. But what it does mean is that we have to be extremely intentional. There should be plenty of land in this country where data centers can be built that will not be on prime, important farmland. That’s my take on that.”
When Rich joined the federal government is unclear. The Agriculture Department formally announced Rich joined the administration on June 10, but Rich first disclosed Trump “made an offer for a position” in a subscriber-only post made to X on July 24, 2025. He then provided updates in similarly paywalled statements, revealing the Trump appointment to his subscribers in April. Then in May, he told subscribers that he’d completed federal onboarding. “I’m really looking forward to pushing bad guys off of good guys’ land:) You’ll be seeing the official announcement soon, but I wanted you to know 1st!”
What’s clear, however, is that Rich has other targets too. As Rich was brought into federal service, he began routinely sharing a URL – “usda.gov/lawfare” – and directed aggrieved landowners to report potential misdeeds around land seizure. A review of his back-and-forth communications on social media indicate several potential fights he may wade into. Wind energy projects in Kansas. Solar development in rural Virginia. An aluminum smelter in Oklahoma. Carbon capture proposals in Louisiana.
Prior to formally joining the administration, Rich got involved in a conflict over eminent domain and transmission for data centers in Coweta County, Georgia, which had gone viral on right-wing social media. On May 12, Rich said he “just had a great phone call” with Rep. Brian Jack, the GOP congressman who represents the transmission battleground in question. “I will be speaking more on the matter soon,” he tweeted, declaring the power lines threatened “not only homes, but cattle farms and row crops.” Rich also says he facilitated federal engagement between the USDA and Casey Murph, a rancher in Navajo County, Arizona, who claims the state prematurely ended a land lease he held so Orsted can build a solar project.
It’s also apparent Rich will be the first major Trump administration official to publicly root for more counties to indefinitely ban solar and wind development. “The best way for farm and ranch land to be protected from wind/solar projects is for the county to pass a moratorium on those energy sources, disallowing them to ever be built in the county,” Rich told an X follower on May 16.
No one can predict how harmful it’ll be to have one of country music’s most famous artists turning into a spokesperson against renewable energy. But I doubt even paying Katie Miller to say nice things about solar will be able to overcome newly-empowered activism from a Nashville legend.
And more of the week’s top news around project fights.
1. Kansas City, Missouri – Data centers are so toxic that politicians are using them as boogeymen in totally unrelated policy discussions.
2. Ingham County, Michigan – We have our first major anti-data center candidate in a Democratic congressional primary.
3. Nueces County, Texas - The Longhorn State is on a bull run towards data center hostility.
4. Pulaski County, Arkansas - We have yet another municipal employee losing their job over helping a data center.
5. Marathon County, Wisconsin - Yet again rural residents are poised to lose against state permitting primacy laws benefiting renewable energy.
This week’s conversation is with Grant Gutierrez, head of community impacts at carbon management company Carbon Direct. This week Carbon Direct published a white paper Gutierrez authored on opposition around data centers he’s studied. His research reinforces much of what Heatmap Pro has uncovered, but I was particularly intrigued by a topline finding – that transparency is the most common thread in the 46 data center fights he looked into. Was he seeing what I’ve been seeing? So I asked him to hop onto a Zoom call and let me know his thoughts.
The following conversation was lightly edited for clarity.
If you were to explain the findings in your white paper to someone at a bar… how would you put it?
What I would say is that we were really interested in the kinds of concerns communities were articulating as they were opposing or resisting data center development in the U.S. To answer and explore those questions, we developed our own data center cancellation tracker where we looked for cases where we could find a strong correlation between cancelation or withdrawal status and opposition. Then we did high-level analyses of the demographics surrounding those data centers, using standard best practices from environmental justice methodologies and pulling sociodemographic and environmental burden characters from EPA’s EJScreen tool. We were mostly looking at public records. Press materials. City council meeting minutes. Things you wouldn’t have to dig too hard to find.
The kinds of communities we saw successfully resisting data centers tracked across the demographic middle of the United States – slightly more middle income, slightly more white than a majority of the American community, but mostly what you’d consider the average American community.
What is the intended audience of this paper and what are you hoping to communicate?
I think it’s important for data center developers and the capital behind them is that they need to move their engagement to early stage, responsible design. A second audience is regulators, city councils, and local zoning commissions about how to engage with developers and advocate for the right disclosure requirements from industry.
The key topline message is that developers who treat community engagement as a permitting formality instead of a critical early stage input are burdening communities, breaking trust. This is resulting in reputational risk for developers, stranded assets, losing capital – and the loss of future opportunities as developers want to build 21st century infrastructure.
Walk me through what you saw evaluating these projects. What’s the development pattern that leads to such opposition?
We saw five key themes. Some of them you might expect – concerns around natural resources, water impacts, electricity rates, land. The rural character came up quite consistently. And then there was a lack of transparency through the use of NDAs.
The NDA example I was surprised to see was the most consistent in all of our case studies. Communities are largely concerned with the process that unfolds as much as the impacts. That’s a very important signal that transcends political lines. Communities want to be heard, involved in the process. They want large infrastructural development with impacts to listen to their concerns. When those decisions are made behind NDAs or with no transparency or equitable engagement, communities quickly mobilize and organize at a hyperlocal level and are successful in opposing these data centers.
I know there are a number of companies out there – without naming names – that are putting responsible development principles forward. The ones we advocate for across our business, whether we’re working in carbon removal or other things. I see companies leading and saying, if we’re involved in this infrastructure, we are not going to sign an NDA. Those who are pushing forward renewable energy commitments, community benefit agreements, and local public-private partnerships are leading with transparency and equity in their engagements.
How any of this carries in the broader industry is yet to be seen.
In your report you point to various ways opposition can crop up to a project. One of those ways was due to the presence of co-located gas – you note that gas power at a data center engendered environmental opponents, which then strengthened those fighting a data center. Can you elaborate on whether you think a new gas power presence is making it harder to get a data center built?
The case you’re pointing to, that’s the Ballico case where on top of the data center there was a 3,500 megawatt co-located gas plant. That quickly led to major community concerns and a partnership with the Southern Environmental Law Center, which became the legal anchor for thinking through the opposition here and commissioned the technical evidence, and provided the legal [support] there.
You see a broad coalition coalesce around not only the data center concern but the climate concerns that arise. I wouldn’t be surprised if we saw a repeated concern around the expansion of fossil energy and combustion sources going hand in hand with community opposition and organizing on data centers. But that remains to be seen.
What in your research have you seen when you compare opposition to data centers and campaigns against, let’s say, fossil fuels? Or mining? Or renewables?
What I think about with data centers is they’re the highways of the 21st century. As we know through the highway projects in the U.S., there were major disproportionate impacts on communities of color. I think there’s potential for data centers if they follow that playbook to have that same impact.
When it comes to comparing these, that’s something I have not done yet. But I think there’s a few things happening. I think the scale and scope of the buildout is taking the American public by surprise. Articulation around impacts to natural resources and electricity prices in a heightened political climate and a difficult economy. It’s also the existential problem AI introduces, which is the role AI plays in society. This is unique compared to other kinds of extraction, which feed technologies already at play.
How do you feel about the fact that so many of us in energy, environment and climate are now talking about data centers all the time?
Never in my career, working in carbon removal and nature based solutions, I never thought data centers would be a major focus in my career as an environmental justice advocate and social scientist.
Data centers are probably emerging to be one of the biggest environmental justice problems of our time so while it’s not something I planned to work on, I am emboldened to see the response from the nonprofit community and others trying to wrap their heads around this. What is the right kind of information? What does the public need to know? How do we advocate for our communities and build the world we would like to build?
While data centers are moving fast, I’m encouraged to see communities organizing and advocating for their own needs as well. Over the next few years, the story will tell itself.
Last question – what was the last song you listened to?
DtMF by Bad Bunny.