Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

Republicans Will Regret Killing Permitting Reform

They might not be worried now, but Democrats made the same mistake earlier this year.

Permitting reform's tombstone.
Heatmap Illustration/Getty Images

Permitting reform is dead in the 118th Congress.

It died earlier this week, although you could be forgiven for missing it. On Tuesday, bipartisan talks among lawmakers fell apart over a bid to rewrite parts of the National Environmental Policy Act. The changes — pushed for by Representative Bruce Westerman, chairman of the House Natural Resources Committee — would have made it harder for outside groups to sue to block energy projects under NEPA, a 1970 law that governs the country’s process for environmental decisionmaking.

When those talks died, they also killed a separate deal over permitting struck earlier this year between Senator Joe Manchin of West Virginia and Senator John Barrasso of Wyoming. That deal, as I detailed last week, would have loosened some federal rules around oil and gas drilling in exchange for a new, quasi-mandatory scheme to build huge amounts of long-distance transmission.

Rest in peace, I suppose. Even if lawmakers could not agree on NEPA changes, I think Republicans made a mistake by not moving forward with the Manchin-Barrasso deal. (I still believe that the standalone deal could have passed the Senate and the House if put to a vote.) At this point, I do not think we will see another shot at bipartisan permitting reform until at least late 2026, when the federal highway law will need fresh funding.

But it is difficult to get too upset about this failure because larger mistakes have since compounded the initial one. On Wednesday, Republican Speaker Mike Johnson’s bipartisan deal to fund the government — which is, after all, a much more fundamental task of governance than rewriting some federal permitting laws — fell apart, seemingly because Donald Trump and Elon Musk decided they didn’t like it. If I can indulge in the subjunctive for a moment: That breakdown might have likely killed any potential permitting deal, too. So even in a world where lawmakers somehow did strike a deal earlier this week, it might already be dead. (As I write this, the House GOP has reportedly reached a new deal to fund the government through March, which has weakened or removed provisions governing pharmacy benefit managers and limiting American investments in China.)

The facile reading of this situation is that Republicans now hold the advantage. The Trump administration will soon be able to implement some of the fossil fuel provisions in the Manchin-Barrasso deal through the administrative state. Trump will likely expand onshore and offshore drilling, will lease the government’s best acreage to oil and gas companies, and will approve as many liquified natural gas export terminals as possible. His administration will do so, however, without the enhanced legal protection that the deal would have provided — and while those protections are not a must-have, especially with a friendly Supreme Court, their absence will still allow environmental groups to try to run down the clock on some of Trump’s more ambitious initiatives.

Republicans believe that they will be able to get parts of permitting reform done in a partisan reconciliation bill next year. These efforts seem quite likely to run aground, at least as long as something like the current rules governing reconciliation bills hold. I have heard some crazy proposals on this topic — what if skipping a permitting fight somehow became a revenue-raiser for the federal government? — but even they do not touch the deep structure of NEPA in the way a bipartisan compromise could. As Westerman told Politico’s Josh Siegel: “We need 60 votes in the Senate to get real permitting reform … People are just going to have to come to an agreement on what permitting reform is.” In any case, Manchin and the Democrats already tried to reform the permitting system via a partisan reconciliation bill and found it essentially impossible.

Even if reconciliation fails, Republicans say, they will still be in a better negotiating position next year than this year because the party will control a few more Senate votes. But will they? The GOP will just have come off a difficult fight over tax reform. Twelve or 24 months from now, demands on the country’s electricity grid are likely to be higher than they are today, and the risk of blackouts will be higher than before. The lack of a robust transmission network will hinder the ability to build a massive new AI infrastructure, as some of Trump’s tech industry backers hope. But 12 or 24 months from now, too, Democrats — furious at Trump — are not going to be in a dealmaking mood, and Republicans have relatively few ways to bring them to the table.

In any case, savvy Republicans should have realized that it is important to get supply-side economic reforms done as early in a president’s four-year term as possible. Such changes take time to filter through the system and turn into real projects and real economic activity; passing the law as early as possible means that the president’s party can enjoy them and campaign on them.

All of it starts to seem more and more familiar. When Manchin and Barrasso unveiled their compromise earlier this year, Democrats didn’t act quickly on it. They felt confident that the window for a deal wouldn’t close — and they looked forward to a potential trifecta, when they would be able to get even more done (and reject some of Manchin’s fossil fuel-friendly compromises).

Democrats, I think, wound up regretting the cavalier attitude that they brought to permitting reform before Trump’s win. But now the GOP is acting the same way: It is rejecting compromises, believing that it will be able to strike a better deal on permitting issues during its forthcoming trifecta. That was a mistake when Democrats did it. I think it will be a mistake for Republicans, too.

Green

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Climate Tech

Funding Friday: Public Markets > Private Investment

Plus a startup harvesting energy from roadways nabs a new funding round and more of the week’s big money moves.

A truck using REPs technology.
Heatmap Illustration/REPS, Getty Images

Uncertainty may have dried up venture funding for early stage climate, but that doesn’t mean there aren’t still deals getting done — or past commitments now coming to light as funding rounds close. This week, for example, brings early-stage backing for a European startup working to convert wasted kinetic energy from braking vehicles into power at ports, as well as a software company helping utilities visualize and manage the increasingly complex electrical grid. Meanwhile, nuclear company Deep Fission proved that the private markets aren’t the only game in town — after going public via SPAC, it’s now planning to list its shares on the Nasdaq stock exchange.

There’s also some promising news for companies looking to scale up, with thermal battery company Antora turning on its first commercial plant in South Dakota this week. That project was made possible in large part by backing from one Australian billionaire. But there’s also S2G Investments, which last week closed a $1 billion fund focused on growth-stage companies and will perhaps help more climate technologies reach that critical commercial milestone.

Keep reading...Show less
Yellow
AM Briefing

Trump Pumped on Hydro

On Exxon’s Venezuela flipflop, SpaceX’s fears, and a nuclear deal spree

The Hoover Dam.
Heatmap Illustration/Getty Images

Current conditions: U.S. government forecasters project just one to three major storms in the Atlantic this hurricane season • The Meade Lake Complex, a wildfire that scorched 92,000 acres in southwest Kansas, is now largely contained • Temperatures in Vientiane, the sprawling capital of Laos, are nearing 100 degrees Fahrenheit amid a week of lightning storms.


THE TOP FIVE

1. The Trump administration is upgrading the Hoover Dam

A years-long megadrought. Reduced snowpack in the northern mountains. Rising water demand from southwestern farms and cities whose groundwater is depleting. It is no wonder the water levels in Lake Mead are getting low. Now the Trump administration is giving the Hoover Dam money for a makeover to make do in the increasingly parched new normal. The Great Depression-era megaproject in the Colorado River’s Black Canyon boasts the largest reservoir capacity among hydroelectric dams. But the facility’s actual output of electricity — already outpaced by six other dams in the U.S. — is set to plunge to a new low if drought-parched Lake Meade’s elevation drops below 1,035 feet, the level at which bubbles start to form damage the turbines. At that point, the dam’s output could drop from its lowest standard generating capacity of 1,302 megawatts to a meager 382 megawatts. Last night, federal data showed the water level perilously close to that boundary, at 1,052 feet. The Bureau of Reclamation’s $52 million injection will pay for the replacement of as many as three older turbines with new, so-called wide-head turbines, which are designed to operate efficiently at levels below 1,035 feet. Once installed, the agency expects to restore at least 160 megawatts of hydropower capacity. “This action ensures Hoover Dam remains a cornerstone of American energy production for decades to come,” Andrea Travnicek, the Interior Department’s assistant secretary for water and science, said in a statement.

Keep reading...Show less
Blue
Energy

The Places Where Americans Are Deciding Between AC and Food

With both temperatures and electricity prices rising, many who are using less energy are still paying more, according to data from the Electricity Price Hub.

An air conditioner and a dollar bill.
Heatmap Illustration/Getty Images

In 135 years of record-keeping, Tampa, Florida, has never been hotter than it was last July.

Though often humid, the city on the bay is typically breezy, even in summer. But on July 27, it broke 100 degrees Fahrenheit on the thermometer for the first time ever; two days later, it hit its highest-ever heat index, 119 degrees. The family of Hezekiah Walters, the 14-year-old who died of heat stroke during football practice in Tampa in 2019, urged neighbors at a local CPR certification event to take the heat warnings seriously. Local HVAC companies complained about the volume of calls. Area hospitals struggled to keep their rooms and clinics comfortable. Experts later said the record temperatures were made five times more likely by climate change.

Keep reading...Show less
Yellow