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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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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.