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A trio of powerful climate hawks are throwing their weight against the SPEED Act.

Key Senate Democrats are opposing a GOP-led permitting deal to overhaul federal environmental reviews without assurances that clean energy projects will be able to reap the benefits. Winning these lawmakers’ support will require major concessions to build new transmission infrastructure and greater permitting assistance for renewable energy projects.
In an exclusive joint statement provided Tuesday to Heatmap News, Senate Energy and Natural Resources ranking member Martin Heinrich, Environment and Public Works ranking member Sheldon Whitehouse, and Hawaii senator Brian Schatz came out against passing the SPEED Act, a bill that would change the National Environmental Policy Act, citing concerns about how it would apply to renewable energy and transmission development priorities.
“We are committed to streamlining the permitting process — but only if it ensures we can build out transmission and cheap, clean energy. While the SPEED Act does not meet that standard, we will continue working to pass comprehensive permitting reform that takes real steps to bring down electricity costs,” the statement read.
As I wrote weeks ago, there’s very little chance the SPEED Act could become law without addressing Senate climate hawks’ longstanding policy preferences. Although the SPEED Act was voted out of committee in the House two weeks ago with support from a handful of Democratic lawmakers, it has yet to win support from even moderate energy wonks in that legislative body, including Representative Scott Peters, one of the Democratic House negotiators in bipartisan permitting talks. Peters told me he would need to see more assurances dealing with the renewables permitting freeze, for example, in order for him to support the bill.
Observers had initially expected a full House vote on the SPEED Act as soon as this week, but an additional hurdle arose in recent days in the form of opposition from House conservative Republicans, led by Representative Chip Roy. The congressman from Texas had requested additional federal actions targeting renewables projects in exchange for passage of the One Big Beautiful Bill Act, which effectively repealed the Inflation Reduction Act. What followed was a set of directives from the Interior Department that all but halted federal solar and wind permitting. Roy’s frustration with the SPEED Act concerns a relatively milquetoast nod to renewables permitting problems that would block presidents from rescinding already issued permits. This upset appears to have delayed a vote on the bill in the House.
There’s an eerie familiarity to this moment: Almost exactly one year ago, the last major attempt at a permitting deal, authored by Senators Joe Manchin and John Barrasso, died when then-Majority Leader Chuck Schumer declined to bring it up for a vote in the face of opposition from the House. Unlike the SPEED Act, that bill offered changes to transmission siting policy that even conservative estimates said would’ve hastened the pace of national decarbonization.
Having Schatz, Heinrich, and Whitehouse — the three most powerful climate hawks in Congress — throw their weight against the SPEED Act casts serious doubt on the prospects for that legislation becoming the permitting deal this Congress. It also exposes an intra-energy world conflict, as it appears to position these lawmakers in opposition to American Clean Power, an energy trade group that represents a swath of diversified energy companies and utilities, as well as solar, wind, and battery storage developers.
Last week, ACP joined with the American Petroleum Institute and gas pipeline advocacy organizations to urge Congress to pass the SPEED Act. In a letter to House Speaker Mike Johnson and Minority Leader Hakeem Jeffries, ACP and the fossil fuel industry trade groups said that the legislation “directly addresses” the challenges facing their interests and “represents meaningful bipartisan progress toward a more stable and dependable permitting framework.” The only reference to potential additions came in a single, vague line: “While the SPEED Act makes important progress, there are additional ways Congress can facilitate the development of reliable and affordable energy infrastructure as part of a broader permitting package.”
This letter was taken by some backers of the renewable energy industry to be an endorsement without concessions. It was also a surprise because just days earlier, American Clean Power responded to the bill’s passage with a vaguely supportive statement that declared “additional efforts” were needed for “transmission infrastructure,” without which “energy prices will spike and system reliability will be threatened.” (It’s worth noting that the committee behind the SPEED Act, House Natural Resources, has no authority over transmission siting. No other proposal has yet emerged from Republicans in that chamber for Republicans to address the issue, either.)
One of the renewables backers taken aback was Schatz, who took to X to sound off against the organization. “Congratulations to ‘American Clean Power’ for cutting a deal with the American Petroleum Institute, but to enact a law both the house and the Senate have to agree, and Senators are finding out about this for the first time,” Schatz wrote in a post, which Whitehouse retweeted from one of his official X accounts.
In a subsequent post, Schatz said: “I am not finding out about the bill’s existence for the first time, I am tracking it all very closely. I am finding out that ACP endorsed it as is without anything on transmission, for the first time.”
By contrast, the statement from the three senators aligns them with the Solar Energy Industries Association, which sent a letter from more than 140 solar companies to top congressional leaders requesting direct action to fix a bureaucratic freeze on permit-related activity that has already helped kill large projects, including Esmeralda 7, which was the largest solar mega-farm in the United States.
In its message to Congress, the trade association made plain that while the SPEED Act was a welcome form of permitting changes, it was nowhere close to dealing with Trumpian chicanery on the group’s priority list.
We’ll have more on this unfolding drama in the days to come.
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The data center boom is everywhere you look in U.S. economic and emissions data.
This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.
It isn’t exactly a new thought, but I’ve been struck recently by how many trends in America’s economic and environmental data are fundamentally about the data center boom and the return of electricity demand:
First, the Energy Information Administration reported this week that U.S. emissions grew by more than 2% last year, driven by surging electricity demand and an increase in coal-fired generation.What caused that higher power demand? New factories and data centers — as well as record summertime cooling demand.
Second, many of the new factories driving that higher power demand are themselves producing goods that are … let’s say … data center-adjacent. There are the enormous new semiconductor fabs, of course. But Ford and General Motors have also set up new production lines (or repurposed old ones) to manufacture grid-scale batteries to meet power demand.
Third, take a look at the recent U.S. spending on private non-residential construction — in other words, everything American companies are building that is not houses, condos, or apartments.
The construction industry’s spent almost $60 billion on data centers over the past year, which is more than it spent on all other office buildings combined (and more than it spent building warehouses, too). Just a handful of categories — data centers, power plants, electricity infrastructure, and certain kinds of electronics manufacturing — now make up a third of all U.S. private non-residential construction investment. They’ve never made up such a large share of construction spending since data collection began in 2014.
As The New York Times recently noted, the American economy is unusually dependent on the American stock market right now — and the stock market is unusually dependent on artificial intelligence. This week, investors started to balk at the enormous spending hyperscalers are planning to keep building out the AI boom; Alphabet’s shares dropped 8% this week after it boosted its planned 2026 capital expenditure and signaled 2027 will be even bigger. If the data center boom started to slow down in earnest, then more than just that budget will change.
Speaking of which, my colleague Emily Pontecorvo wrote earlier this week about how many businesses are struggling to even estimate their carbon emissions from artificial intelligence. The carbon accounting startup Watershed recently unveiled a new formula to help companies get a sense of their AI-related emissions.
But even that formula is still limited by the amount of data hyperscalers publish — and they don’t publish that much. Google, for instance, is the only AI company that has (laudably) provided estimates of its emissions on a per-prompt basis. Yet no company has published its per-token emissions, or how emissions sync up with particular models or regions.
So Emily asked Google: Why aren’t you — or any other model provider — disclosing this kind of data yet?
The tech company didn’t get back to us until after we’d published Emily’s story. But its response was interesting enough that I wanted to quote some of it here.
The problem is “industry consensus,” Cooper Elsworth, a Google spokesperson, told us. “There is currently very little consensus on how to comprehensively and fairly measure the serving environmental impact of generative AI (such as text generation),” he wrote. “Without standardized, ‘apples-to-apples’ frameworks, it is difficult to compare different providers accurately.”
That’s partly because energy use — and emissions data — can vary from site to site and depend on “custom-built hardware, software compilers, and advanced inference techniques.” And he claimed Google doesn’t always have the measurement hardware in place to provide such specific estimates: “Providing precise, repeatable data requires highly advanced measurement infrastructure,” he said. “For example, software-based energy monitoring tools often suffer from sampling biases. For our study, we had to step away from top-down averages and directly measure actual energy at the physical power supply unit (PSU) level across our deployed fleet. Not all providers have the telemetry or data sets required to benchmark their operations at this level of granularity.”
Read Emily’s story to understand the other reasons why estimating — or even “guesstimating” — AI-related carbon emissions is so challenging.
A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.