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Congress is motivated to pass a bipartisan deal, but Democrats are demanding limits on executive power.

A big bipartisan permitting reform deal may be in the offing in Washington. But getting it done will require taking away one of Donald Trump’s favorite toys: The power to mess with solar and wind permits.
Last week the House Natural Resources Committee advanced the SPEED Act, a bill introduced by Republican committee chair Bruce Westerman, that would put the full weight of Congress behind the federal permitting process. There’s a lot in this bill for energy developers of all stripes to like — and a lot for environmental activists to loathe, including a 150-day statute of limitations on litigation, language enforcing shorter deadlines for reviews under the National Environmental Policy Act (also known as NEPA), and a requirement that final approvals be released within 30 days of said review’s completion.
But this bill will mean nothing for the renewables industry if the Trump administration continues to dawdle on the kinds of routine governmental actions necessary to move any infrastructure project forward.
Since the start of Trump’s latest turn in office, officials have woven a paralytic web of bureaucratic hold-ups that make it next to impossible for a solar or wind energy project to get federal permits for construction activities. Meanwhile the SPEED Act, like NEPA, is essentially a process statute at this point — it deals with the boundaries within which environmental reviews are conducted. Without requiring the government to process any project regardless of whether it’s a renewable energy project or a new coal plant, Trump officials could easily produce endless delays and remain inside the letter of the law.
This is why Representative Jared Golden, a retiring moderate Democrat from Maine, pushed to add language to the SPEED Act that blocks any president from rescinding a permit after its approval. In theory, this would insulate offshore wind projects from losing even more permits (see: SouthCoast Wind, Atlantic Shores).
The bill — including the restriction on executive power — passed the House Natural Resources Committee on a bipartisan 25 to 18 vote, though only two Democrats voted in favor.
For lawmakers on both sides of the aisle, energy bill inflation and data center drama have created serious momentum for getting bipartisan permitting legislation done ahead of the 2026 midterm elections. The SPEED Act would more easily serve that need with stronger language addressing executive permitting powers, according to numerous interviews with Democratic lawmakers, D.C. policy wonks, and energy lobbyists.
“Any deal hinges on the Trump administration providing assurances they’re not going to kill every single clean energy project in existence,” Representative Mike Levin told me on Tuesday.
Levin, a California Democrat who is involved in permitting talks, said that an ideal fix for Democrats would be a proposal he co-authored with Democratic Representative Sean Casten that would require “parity” in the permitting process between fossil and non-fossil projects of all kinds. This language would explicitly require the Interior Secretary to ensure that project applications, authorizations, and approvals needed for wind, solar, battery storage, and transmission projects are “not subject to more restrictive or burdensome procedural requirements than those applied to oil, gas or coal projects.” It would also mandate that the department rescind any existing policies that violate this “parity” requirement.
“We’re going to need language in any bill that would provide certainty that all these projects permitted would be allowed to proceed, that permits will be honored, that in the future more permits will be granted. And I do not trust this administration to honor that without concrete language in the bill,” Levin told me.
Levin’s colleagues in the House echoed those sentiments. House Natural Resources Committee ranking member Jared Huffman told me that he’s hearing from representatives of the clean power sector who are “actually aligned” with environmentalists that “all of this is completely academic if you don’t release the hostage.” Representative Paul Tonko, ranking member on the House Energy and Commerce environment subcommittee, told me in a statement that “for any permitting reform negotiations to move forward, the least we need are guarantees that whatever comes of an agreement will have the force of law and will be followed by this Administration.”
Public reactions to the SPEED Act from the renewable industry have ranged from warily cheerful to notably silent, in a way that has discernible political undertones. American Clean Power, a major energy sector trade association, and the American Council on Renewable Energy, otherwise known as ACORE, have carefully applauded the bill’s advancement while also emphasizing the need for bipartisan compromise. The Solar Energy Industries Association has yet to endorse the bill, and Rachel Skaar, a spokesperson for the group, told me it is “currently reviewing the language that passed out of committee.”
These complaints won’t mean much in the full House — Republicans can pass this bill without any votes from the opposing party. But this degree of party-wide consternation almost always translates to a filibuster in the Senate. It’s hard to imagine Senators Martin Heinrich and Sheldon Whitehouse, the top Democrats on the two main Senate committees overseeing permits, trying to roll this solid bloc of colleagues. And while enough Senate Democrats broke with the party leadership to break the filibuster and reopen the government earlier this month, two of those were Senators Catherine Cortez-Masto and Jacky Rosen of Nevada, where Big Solar wields a lot of sway.
“Its going to be a big factor in these talks,” said a senior Democratic congressional aide familiar with the bill, referring to the bureaucratic holdups facing renewables permits. The aide, who requested anonymity to discuss sensitive internal deliberations, said that lawmakers are racking their brains to find the “perfect language” to keep Trump in check. “Everything now has to be explicitly and clearly defined by Congress because there’s a track record of the federal government using any daylight where they can navigate the system to their advantage,” the aide told me.
Based on all my conversations, the House will likely vote to pass the SPEED Act, along with probably a slate of other permitting bills, maybe as soon as December. This will probably kickstart momentum in the Senate to produce something more bipartisan, which would in turn produce more pressure to address Trump’s permitting freeze head on.
There will be challenges with crafting language that makes all sides happy without creating unforeseen policy issues around executive powers in the future. “This issue of project certainty, as this subset of permitting talks has been called, is really tricky,” said Xan Fishman of the Bipartisan Policy Center. “How you actualize that into law is tough.” But if the Schoolhouse Rock of it all can be overcome, House Speaker Mike Johnson and Senate Majority Leader John Thune would be able to present a ready-made deal to the president.
Whether Trump would actually sign such a deal, however, is another ball of wax.
“The $64,000 question is, as this becomes even more real, will the White House start to intervene?” asked Josh Freed, senior vice president at Third Way’s climate and energy program.
There’s definitely outside momentum toward dealing with Trump’s permitting freeze under the valence of tech neutrality — whatever is good for the renewables goose would be good for the energy sector gander, so to speak. Mike Sommers, CEO of the American Petroleum Institute, said in a recent interview with Politico that addressing this freeze would help stop a future Democratic president from using the same trick on pipelines and drill sites. And Congressional Republicans appear to be negotiating in good faith with Democrats on the SPEED Act.
One D.C. energy lobbyist involved in the talks, however, confessed to me that the appearance of movement is “a lot of kabuki” unless Congress addresses the underlying issues around renewables permitting.
“It’s going to have to have teeth,” said the lobbyist, who requested anonymity because they did not have clearance to speak publicly. “The administration’s going to do whatever it wants.” And even with the language on executive power, the bill can only protect processes that fall under the federal government’s purview — that is, it won’t do anything with the litany of municipal and county restrictions that more frequently undermine renewable energy development.
When asked whether the White House was providing input on the SPEED Act, a spokesperson for Natural Resources Republicans told me that staff had “received technical assistance” from “relevant agencies.” The White House did not respond to requests for comment.
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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.