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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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Two new reports out this week create a seemingly contradictory portrait of the country’s energy transition progress.
Two clean energy reports out this week offer seemingly contradictory snapshots of domestic solar and battery manufacturing. One, released Wednesday by the Rhodium Group’s Clean Investment Monitor, shows a distinct decline in investment going into U.S. factories to make more of these technologies. The other, released today by the trade group American Clean Power Association, shows staggering recent growth in production capacity.
So which is it? Is U.S. clean energy manufacturing booming or busting?
Maybe both.
The U.S. is suddenly producing more solar and batteries than ever before — enough to meet current domestic demand — so it makes sense that investment in new factories is starting to slow. At the same time, there’s a lot of room for growth in producing the upstream components that go into these technologies, but the U.S. is no longer as attractive a place to set up shop as it was over the past four years.
The U.S. saw 30 new utility-scale solar factories and 30 new battery factories come online last year alone, according to ACP. The country now has the capacity to meet average domestic demand for storage systems through 2030, and can produce enough solar panels to satisfy demand two times over.
In both industries, nearly all of that capacity has been added since 2022, when the Inflation Reduction Act created new subsidies for domestic manufacturing. The advanced manufacturing production tax credit incentivized not just solar and battery factories, but also all the production of components that go into these technologies, including solar and battery cells, polysilicon, wafers, and anodes. On top of these direct subsidies, the IRA generated demand for U.S.-made products by granting bonus tax credits for utility-scale solar and battery projects built with domestically produced parts.
“The policy definitely laid the right foundation for a lot of this investment to take place,” John Hensley, ACP’s senior vice president of markets and policy analysis, told me.
Trump’s One Big Beautiful Bill Act has changed the environment, however. The utility-scale wind and solar tax credits were supposed to apply through at least 2033, but now projects have to start construction by July 4, 2026 — just over a month from now — in order to claim them. Any of those projects that got started this year will also have to adhere to complex new sourcing rules prohibiting Chinese-made materials.
Now, dollars flowing into new U.S. solar factories appears to be on the decline. Investment fell 22% between the fourth quarter of last year and the first of 2026. Battery manufacturing investment dropped by 16%.
The reason investment is declining is not entirely because of OBBBA — it’s partly a function of the fact that a lot of the projects announced immediately after the IRA passed are entering operations, Hannah Hess, director of climate and energy at the Rhodium Group, told me.
Rhodium’s Clean Investment Monitor tracks two metrics, announcements and investment. Announcements are when a company says it’s building a new factory or expanding an existing one, usually with some kind of projected cost. Investments are an estimate of the actual dollars spent during a given quarter on facility construction, calculated based on the total project budget and the expected amount of time it will take to complete after breaking ground.
According to Rhodium’s data, the peak period for new solar manufacturing project announcements was the second half of 2022 through the first quarter of 2025. During that time, announcements averaged more than $2 billion per quarter. New solar factories announced this past quarter, by contrast, fell to about $350 million.
Since it can take a while to get steel in the ground, the peak period for investment was slightly later, with $13.5 billion invested between the second quarter of 2023 and the third quarter of 2025.
“What we were seeing in that post-IRA period was huge, almost unconstrained growth in that sector, and that’s not happening anymore,” Hess said.
Most of this growth occurred all the way downstream, at the final product assembly level — i.e. factories making solar and battery modules that still had to import many of the components that went into them. This was the “lowest hanging fruit” to bring to the U.S., Hensley, of ACP, told me, as the final assembly is the least technologically challenging part of the supply chain.
“These supply chains have momentum as they get going,” he said, “so as you establish those far downstream component manufacturing, you start to recruit all of the upstream manufacturing.” In other words, a solar cell manufacturer is far more likely to build in the U.S. if there’s a robust local market of module factories to buy the cells.
There’s evidence that’s still happening in spite of changes to the tax credit structure. The ACP report says that three solar cell factories came online between 2024 and today — one per year. If all of the additional factories that have been announced are built by 2030, the U.S. will have nearly enough capacity to meet all of its own demand for solar with domestic cells. Battery cell capacity is growing even faster, with three factories as of the end of 2025 and seven more expected to be complete by the end of this year, which will produce more than enough units to meet average annual demand.
It’s the next step up on the supply chain that spells trouble. For solar, that’s ingots and wafers, followed by polysilicon. Today, the only producer of ingots and wafers in the U.S. is a company called Corning. It produces enough to meet about 25% of current domestic solar cell production, but cell production will more than quadruple by the end of this year compared to last year, according to ACP. Similarly, we produce enough polysilicon to meet Corning’s current needs, but not enough to meet anticipated cell demand. The announced projects in the pipeline will not add much on either front.
For batteries, it’s the anodes and cathodes. There’s currently one factory in California producing cathodes and at least one more under construction, but as there is nothing else in the pipeline, the ACP report expects cell manufacturers to rely on imported cathodes for the foreseeable future. Anodes are the one bright spot — there’s one factory producing what’s known as active anode material factory in the U.S., and four more anticipated by the end of this year. Together, they have the potential to meet demand by 2028, according to ACP.
The question now is whether that snowball effect kicked off by the IRA will continue. “A lot has changed about the outlook for future demand after the One Big Beautiful Bill Act passed,” Hess said. “We have seen some more project cancellations and pauses in construction recently.”
Most recently, a company called Maxeon Solar Technologies canceled a $1 billion cell and module factory in New Mexico. The company had been “fighting for its life” since 2024, according to Canary Media. It’s also majority owned by a Chinese state-owned company. The
OBBBA was likely the nail in the coffin, as it penalizes solar developers who source panels from companies with Chinese ownership.
OBBBA also shortened the timeline for the wind and solar tax credits, while the Trump administration’s hostility to wind and solar permitting has made it more difficult for projects to get built before the credits expire. Hensley said the Trump administration’s hostility toward clean energy has added a lot of risk into the system, complicating final investment decisions for manufacturers.
On the flip side, tariffs have the potential to help some domestic producers. Duties on imports from countries such as Cambodia, India, and Vietnam, all major manufacturers of solar panels, “have made their exports to the U.S. almost prohibitive,” Lara Hayim, the head of solar research at BloombergNEF, told me in an email. “This sort of policy framework could continue to provide some protection for domestic manufacturers,” she said, but there are still plenty of countries with low enough tariffs that they will continue to serve the U.S. and compete with domestic manufacturers.
Hensley said that the Trump administration’s tariffs were a double edged sword. They can help domestic manufacturers, but not if they make all of the inputs into the product more expensive.
“That’s a problem with these blanket type of tariffs that aren’t really fine-tuned to target the behavior that you’d like to see,” he told me. “I think we’re seeing a lot of that push and pull and tension in the system at the moment.”
Between Trump’s tariffs and the OBBBA, there’s no doubt that the manufacturing boom sparked by the IRA is slowing. But Hensley is optimistic that the progress will continue. “We haven’t attracted all of the supply chain yet. It’s still a work in progress, but so far the signs are quite good.”
This week’s conversation is with Duncan Campbell of DER Task Force and it’s about a big question: What makes a socially responsible data center? Campbell’s expansive background and recent focus on this issue made me take note when he recently asked that question on X. Instead of popping up in his replies, I asked him to join me here in The Fight. So shall we get started?
Oh, as always, the following conversation was lightly edited for clarity.
Alright let’s start with the big question: What is a socially responsible data center?
So first, there’s water, which I think is pretty solvable.
Part of me thinks water is not even the right thing to be focusing on necessarily, and it’s surprising that it became at least for a while the center of the controversy around data centers.
I think there’s energy, which is mostly a don’t-raise-people’s-bills kind of thing. Or in extreme cases, actually reducing people’s access to energy.”
I think air pollution is another key. This is one of the biggest own-goals our [climate] space is making, because people are installing behind-the-meter power and we can talk about why they’re doing that, the shifting reasons, but the real shame in it is you really shouldn’t have to run those 24/7. If you’re building your own power plant, it should enable you to get a grid connection, because you’re bringing your own capacity and they can provide you firm service, and you should only have to run that gas plant 1% of the year, so air pollution is a non-issue. If only the grid and its institutions could get their act together, this is a no-brainer. But instead people run them 24/7.
There’s noise, which has been very misunderstood and bungled on a handful of well-known projects. That’s just a do-good engineering and site layout type of problem.
And then there’s other. Beyond the very concrete impacts of a data center, what else can it do for the community it's siting itself in? That’s going to be specific for every community.
There’s going to be a perspective that data centers are takers. They get tax incentives. They’re this big new thing. If data centers were to bring something compelling when [they’re] siting in communities, and it is specific to whatever they’re dealing with, maybe they’d be considered socially responsible.
I don’t think I have the master answer here. Everyone’s trying to figure it out.”
What do you hear from other folks in decarb and climate spaces when you ask this question? Do you hear people come up with solutions, or do they knock down the entire premise of the question — that there isn’t such a thing as a socially responsible data center?
You get both. You definitely get both. It depends on who you're talking to.
I can understand both sides of the equation here. There’s definitely solutions, first of all. I do think there’s a group of people whether it is in the energy world or the data center world or tech who would have this incredulous disbelief that anyone could not want what they’re doing. And that then, after being poked and prodded enough, transforms into a very elitist, almost pejorative explanation of everybody’s just NIMBYs.
I think that’s really unproductive. It kind of just throws gas on the fire.
But there’s a lot of people working on solutions, too. The non-firm grid service thing is just a huge opportunity. To be able to connect these sites to the grid in such a manner they either get curtailed some small amount of hours per year or they show up with accredited capacity, absolving them from curtailing. I mean, we can do that. It’s very doable.
The second question becomes, what are the forms of accredited capacity that can be deployed quickly? I think that’s where there’s a lot of cool stuff around VPPs and such. Sure, build a gas power plant, run it once or twice a year. If anything that’s good for a community — back-up power at grid scale.
There’s also other solutions. A really cool effort right now, former Tesla people building a purely solar and battery DC microgrid in New Mexico.
And there’s also a lot of inertia. The folks making decisions about data centers have been doing stuff a certain way for 20 years and it’s hard to change. The inertia within the culture combined with the enormous pressure to deploy just makes it less dynamic than one would hope.
On my end, I’ve been grappling with the issue of tax revenue. We’re seeing a declining amount of money for social services, things that can really help people for both personal and academic reasons. There's quite a bit a lot of people could say on that topic. At the same time, this is another form of industrial development. People are upset at the amount of resources going to this specific thing.
So when it comes to the data center boom in general, where do you stand on social cost-versus-benefit analysis?
That’s a good question. I’m not an expert. I’m mostly just someone who designs energy projects. But I can say where I’m at personally.
Yeah, but isn’t everyone in the energy space talking about data centers? Shouldn’t we all be thinking about this?
Of course. I’m not in a place to proclaim what is right but I’ll tell you where I’m at right now.
With any large-scale industrial build out it is tough relative to other technological changes that were simpler at the infrastructure layer. Like, the smartphone. Massive technological change but pretty straightforward in a lot of ways. But industrial buildout stresses real physical resources, so people have much more of an opinion of whether it’s worth it or not.
I’m pretty optimistic about AI generally. It’s very hand-wave-y. It’s hard to cite data or anything, because we’re talking about something that hasn’t happened yet, but I’m very optimistic about increasing the amount of intelligence we have access to per person on Earth.
A similar thing I think about is when everyone stopped getting lead poisoning all the time, we all jumped five IQ points and killed each other less. Intelligence is good. A lot of our story as a species is about increasing intelligence and learnings-per-person so we can do more. The idea that we would be able to synthesize it, operate it as a machine outside of our own bodies. It feels pretty inevitable.
There’s questions about what that [AI] will do to the economy and jobs, which is what people are really concerned about and is the case with any major technological change.
Are data centers being deployed at a rate and in a way that is responsible? Like, does it need to be this fast? That’s a question people ask and that’s in a way the question being posed by the moratoriums. They’re not saying let’s ban this forever. They’re saying, let’s take a breather. And I do understand that.
There’s a lot of good solutions that could just be pursued and it’s hard for me to separate my feelings about the current path data centers are taking from what I think is objectively right. We could just be doing way better.
On the energy front, what do you make of the way our energy mix — carbon versus renewables, our resilience — is headed? And where do you think we’re heading in five years?
For the energy and climate world, this is the real question. Data centers are a complicated thing but at the end of the day, for us, they’re a source of electricity demand.
From an electricity perspective, there’s been no growth for 20 years. So the theory of addressing climate change was, as the old stuff breaks we’ll replace it with new clean stuff. That was what we were doing, while saying, a lot of the old stuff we’ll keep around. We’ll layer on the new clean stuff.
It was always the case though that we could enter a new phase of electricity growth. Actually, five years ago, when the phrase “electrify everything” was coined, it explicitly became our goal! We were going to massively and rapidly grow the electricity system in order to switch industry, heating, and transport off of fossil fuels. That’s the right prescription, the right way to do it.
My understanding of it is that while this feels really big, because we haven’t grown in so long, compared to the challenge we were all talking about doing is not big at all. It increases the challenge by 15% or 20%. That’s meaningful. But it just seems like we should be able to do this.
From a climate perspective, as someone who’s been trying to do everything I can on it for a while now, I can’t help but feel a little dismayed that today the growth we’re experiencing is some tiny, tiny percentage of what we actually set out to do. And it’s causing chaos. We’re institutionally falling apart from a single percent of what our goals should be.
This is the time for the electrification case. We can all demonstrate this is possible over the next few years. I think confidence in the electricity system as our energy path can remain high. Or this utterly fails, where it’s really hard to imagine governments and businesses making any sincere attempt at a high electrification pathway.
Plus the week’s biggest development fights.
1. LaPorte County, Indiana — If you’re wondering where data centers are still being embraced in the U.S., look no further than the northwest Indiana city of LaPorte.
2. Cumberland County, New Jersey — A broader splashback against AI infrastructure is building in South Jersey.
3. Washington County, Oregon — Hillsboro, a data center hub in Oregon, is turning to a moratorium.
4. Champaign County, Ohio — We’re still watching the slow downfall of solar in Ohio and there’s no sign of it getting any better.
5. Essex County, New York — Man oh man, what’s going on with battery storage in rural pockets of the Empire State?