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Why permitting reform could break the political alliance that produced America’s most significant climate law
The U.S. climate coalition is under serious strain.
The tension has been brought to a head by last month’s debt-ceiling compromise, which enacted a variety of reforms to the National Environmental Policy Act and exempted the long-debated Mountain Valley Pipeline from federal environmental review. While environmental groups have decried the concessions as “a colossal error … that sacrifices the climate,” clean-energy trade groups are praising them “an important down payment on much-needed reforms.” This gulf now threatens to disintegrate the political alliance that, less than a year ago, won the Inflation Reduction Act (IRA), its most tangible accomplishment and by far the country’s most significant climate law.
The differences over permitting reform aren’t just a disagreement about tactics. Rather, they reflect fundamental changes within three of the most important factions within the climate coalition — the environmental movement, the clean energy industry, and the Washington-centric group I’ve termed the green growthers. Facing these changes and their implications is critical to preserving the political foundations of federal climate action.
Ever since passage of the IRA unlocked massive fiscal resources for decarbonization, the climate coalition has been split on how best to put that money to work. While nearly everyone recognizes the need to substantially increase the pace at which clean energy infrastructure gets deployed, division centers on the question of permitting reform. To even name the debate is to invoke a factional diagnosis: the view that environmental laws are hobbling decarbonization by preventing clean energy infrastructure from getting built quickly enough — or even at all. This perspective has rapidly gained momentum across a bipartisan community that includes self-styled centrists within the climate coalition.
Permitting reform is unraveling the climate coalition because it reawakens a fundamental, unresolved disagreement over how to decarbonize. Its timing adds to these tensions: bipartisan legislation to curtail national environmental law has arrived, not accidentally, just as the clean energy industry has become most capable of splitting from the broader climate coalition that helped create it.
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The oldest faction in today’s climate coalition, and the most diffuse, is the environmental movement. Its mainstream wing has roots in the principles of preservation, and its largest organizations have spent multiple generations fighting for clean air and water, and ecologically healthy lands and species.
Its environmental justice wing, by contrast, emerged as racial justice activists combined civil-rights and environmental-protection principles to address historically unequal pollution burdens that have concentrated health risks and environmental damages in disempowered communities of color. Only in the last few years, after decades of discoordination, disinterest, and exclusion, have preservationist institutions become more attentive to the legacy of environmental racism. The movement has now coalesced, however incompletely, around a broader and more inclusive environmental vision.
Though preservationist and environmental-justice approaches can still lead to different priorities, the new environmental movement is at its most unified when it opposes fossil fuel production. The movement’s history of civil disobedience and legal combat have taught it to keep fossil fuels in its crosshairs — not only because of the social and environmental harm fossil fuel projects cause, but also because fights against fossil fuels mobilize the public, clarify the stakes, and yield tangible improvements for local communities and environments.
Though both wings of the environmental movement fought hard for the IRA, the law does almost nothing to directly constrain fossil fuel production. Instead, the IRA largely aims to reduce greenhouse gas emissions not by preventing those emissions, but rather by boosting the production and use of low-carbon energy — along with generous subsidies for storing carbon dioxide, often in conjunction with oil production or fossil fuel combustion. Accordingly, the environmental movement has redoubled its efforts to pair the law’s clean energy subsidies with new fossil fuel restrictions.
The environmental movement’s discomfort with a subsidies-only approach to decarbonization is probably better known than the shifting politics of the clean energy industry. As the new environmental movement has coalesced, clean energy has matured into a fully-fledged industry, both in the U.S. and around the world. Until the past few years, the nascent clean energy industry wielded little political muscle, depending instead on the political support and lobbying assistance of environmental groups. Not that long ago, renewable energy was more expensive, less familiar to regulators, and supported by fewer subsidies than fossil energy systems. As a result, clean energy companies depended heavily on the environmental movement’s political support to survive and grow.
Over the past half a decade, technological progress and policy victories achieved in coalition with the environmental movement have vaulted key technologies like wind, solar, and batteries into commercial maturity. Those gains are now locked in. The IRA provides at least 10 years of new federal clean energy tax credits, ending the boom-and-bust cycle of short-term extensions that held the clean energy industry together for most of the previous two decades. With falling costs and fiscal tailwinds, the clean energy industry no longer relies on the environmental movement’s lobbying muscle for commercial success.
The clean energy industry’s maturation has led to more profound differences with the environmental movement that eclipse a simple re-alignment in relative power. As the clean energy industry has grown, it has come to share the fossil energy industry’s preference for more permissive regulatory regimes and fewer environmental protections. In the pre-commercial era, climate-conscious jurisdictions like California drove clean energy development through supportive environmental policy. In recent years, though, the clean energy industry has grown faster and profited more in places like Texas, and for the same reason the fossil fuel industry has: because Texas offers open markets and few restrictions on energy development. As the clean energy industry’s policy priorities have shifted, its growing lobbying apparatus has followed suit, leading groups like the American Clean Power Association to collaborate with fossil fuel companies in pursuit of environmental deregulation.
Activists and policymakers focused on rapid, massive clean energy development make up a third critical faction of the national climate movement. Many in this group work in and around the Biden administration and have come to the climate fight not from the environmental movement, but from other areas such as industrial policy, national defense, some strands of organized labor, and electoral politics. They have brought their prior priorities — job creation, domestic manufacturing, and stable energy prices — to their climate politics. In the wake of the IRA, they remain focused on lowering the remaining barriers to rapid clean energy development.
These often center-left climate actors have only cohered into a distinct faction in the past five years, as enthusiasm for so-called “supply-side progressivism” has given them a common language with which to articulate a set of climate solutions founded on proactive government support for private reindustrialization. For some green growthers, deregulation is a necessary precondition to decarbonization, and since many also believe that clean energy will — with the IRA’s help — outcompete fossil fuels, they see fewer risks to reforming environmental law than the environmental movement does.
In part, the conflict over permitting reform has grown bitter because the term gets used to refer to many different policy proposals. Depending on the speaker and the audience, it can mean sweeping changes to how environmental laws govern new infrastructure projects; tailored tweaks to environmental review; more resources to strengthen administrative capacity and expedite permitting reviews; or changes to the process for building transmission lines and connecting power plants to the grid. This tangle of meanings has undermined the climate coalition’s ability to negotiate its internal differences and prioritize consensus solutions to the challenge of rapid clean-energy development.
More fundamentally, though, the environmental movement, the clean energy industry, and the green growthers are clashing over permitting reform because it has forced them to confront their ongoing disagreement about how to achieve decarbonization.
To many in the environmental movement, and especially on the climate left, most permitting reform proposals double down on what they see as a worrying tenet of the IRA: its dependence on competition and market dynamics to slash fossil fuel production. The environmental movement is familiar from long experience with this kind of market thinking, which promises that present development and the damage it entails will eventually unlock future benefits. As the environmental movement as a whole has become more concerned with historical pollution burdens, that bargain looks worse, and less trustworthy, than ever.
Many permitting reform proposals, including the newly-enacted language of the debt-ceiling deal, exacerbate these concerns by targeting the environmental movement’s oldest and most effective legal tools for defeating fossil fuel projects. At the same time, these proposals still omit any of the constraints on fossil fuels that the environmental movement believes necessary for decarbonization.
The environmental movement has responded with deployment-focused proposals of its own that aim to speed clean energy development without weakening environmental law. However, even the most straightforward of these proposals — such as appointing a fifth commissioner to the Federal Energy Regulatory Commission — have repeatedly been deprioritized by clean-energy groups and green growthers. In the wake of the debt ceiling deal, which included none of the environmental movement’s reform priorities but substantially weakened environmental review, the movement is mobilized and angry.
To the green growthers, by contrast, rapid decarbonization cannot happen without permitting reform. According to the IRA’s market-decarbonization logic, the best and most politically plausible way to drive fossil fuels out of American energy markets is to displace them with cheaper and more abundant clean energy. At the same time, events such as the gas-price shock of 2021 — and its damage to Biden’s popularity — has reinforced their existing belief that suppressing fossil fuel extraction without first creating massive new clean energy production will risk serious political backlash. This theory of change has led green growthers to be simultaneously sympathetic to the clean energy industry’s deregulatory wishlist, and skeptical of the environmental movement’s focus on constraining fossil fuel production.
These factions’ divergent theories of decarbonization have offered a wedge to those within the climate coalition who believe rapid, effective clean energy development has become incompatible with rigorous environmental and social protections. Anti-coalitional voices, especially within portions of the clean energy industry, increasingly see permitting reform as an opportunity to split the climate coalition, excising the environmental movement from the climate coalition and creating a new, climate-inflected industrial alliance.
Most green growthers understand that such a split would deprive the existing coalition of its popular wing at a critical moment, threatening the political viability of climate progress. Though the growthers believe that the IRA’s clean-energy manufacturing boom will build a powerful new political coalition in favor of decarbonization, that coalition does not yet exist.
Environmental protection, by contrast, is extremely popular across America today, and the environmental movement has repeatedly proven its ability to mobilize public support. Though the clean energy industry no longer needs the environmental movement’s political muscle to turn a profit, the climate coalition as a whole may struggle to maintain political support for decarbonization without it, especially as climate change destabilizes the country’s energy systems and the right continues to oppose rapid decarbonization.
To understand why, you don’t need to look farther than Texas, which is something of a proving ground for the three factions’ competing beliefs about how deregulation may shape decarbonization.
In recent years, Texas provided strong evidence for the clean energy industry’s assertions that, whatever the environmental and social costs, less regulation can speed the deployment of renewable energy. It likewise bolstered green growthers’ claims that cheap, plentiful renewables can displace fossil energy.
But suddenly, Texas is also proving the environmental movement’s counter-argument. The state’s legislature has just created a new set of generous rules and tax subsidies that support new gas-fired power plants while hampering clean energy development. Though state lawmakers are transparently motivated by gas-industry lobbying and culture-war fixations, they have justified the legislation by arguing that Texas’ increasingly unreliable grid needs more gas plants to keep the lights on.
Such claims, however dishonest, will only grow more plausible to many voters as climate-exacerbated disasters and the energy transition itself strain infrastructural systems in the years to come. Without permitting structures or robust state environmental laws, Texan climate activists are ill-equipped to fight a possible new wave of gas plants, and Texas’ future decarbonization is now in peril.
Whereas last year, Texas’ clean energy boom seemed likely to continue driving fossil fuels out of the market and emissions down, now Texas’ new IRA-style subsidies and weak environmental protections look more likely to leave the state with more energy production of all kinds. Though Texas will continue to add clean energy, its decarbonization remains in doubt.
Permitting reform is threatening the national climate coalition because it cuts to the heart of a longstanding philosophical disagreement about what it will take to actually achieve decarbonization. It has arrived as the climate coalition’s major factions are transforming in ways that themselves sharpen the conflict. Good-faith advocates of decarbonization in all camps should be concerned that, in the wake of the debt-ceiling deal, a new round of fractious permitting-reform fights will split the climate coalition into separate camps with irreconcilable theories of climate action.
The result, though ideologically purifying, would be politically disastrous.
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Paradise, California, is snatching up high-risk properties to create a defensive perimeter and prevent the town from burning again.
The 2018 Camp Fire was the deadliest wildfire in California’s history, wiping out 90% of the structures in the mountain town of Paradise and killing at least 85 people in a matter of hours. Investigations afterward found that Paradise’s town planners had ignored warnings of the fire risk to its residents and forgone common-sense preparations that would have saved lives. In the years since, the Camp Fire has consequently become a cautionary tale for similar communities in high-risk wildfire areas — places like Chinese Camp, a small historic landmark in the Sierra Nevada foothills that dramatically burned to the ground last week as part of the nearly 14,000-acre TCU September Lightning Complex.
More recently, Paradise has also become a model for how a town can rebuild wisely after a wildfire. At least some of that is due to the work of Dan Efseaff, the director of the Paradise Recreation and Park District, who has launched a program to identify and acquire some of the highest-risk, hardest-to-access properties in the Camp Fire burn scar. Though he has a limited total operating budget of around $5.5 million and relies heavily on the charity of local property owners (he’s currently in the process of applying for a $15 million grant with a $5 million match for the program) Efseaff has nevertheless managed to build the beginning of a defensible buffer of managed parkland around Paradise that could potentially buy the town time in the case of a future wildfire.
In order to better understand how communities can build back smarter after — or, ideally, before — a catastrophic fire, I spoke with Efseaff about his work in Paradise and how other communities might be able to replicate it. Our conversation has been lightly edited and condensed for clarity.
Do you live in Paradise? Were you there during the Camp Fire?
I actually live in Chico. We’ve lived here since the mid-‘90s, but I have a long connection to Paradise; I’ve worked for the district since 2017. I’m also a sea kayak instructor and during the Camp Fire, I was in South Carolina for a training. I was away from the phone until I got back at the end of the day and saw it blowing up with everything.
I have triplet daughters who were attending Butte College at the time, and they needed to be evacuated. There was a lot of uncertainty that day. But it gave me some perspective, because I couldn’t get back for two days. It gave me a chance to think, “Okay, what’s our response going to be?” Looking two days out, it was like: That would have been payroll, let’s get people together, and then let’s figure out what we’re going to do two weeks and two months from now.
It also got my mind thinking about what we would have done going backwards. If you’d had two weeks to prepare, you would have gotten your go-bag together, you’d have come up with your evacuation route — that type of thing. But when you run the movie backwards on what you would have done differently if you had two years or two decades, it would include prepping the landscape, making some safer community defensible space. That’s what got me started.
Was it your idea to buy up the high-risk properties in the burn scar?
I would say I adapted it. Everyone wants to say it was their idea, but I’ll tell you where it came from: Pre-fire, the thinking was that it would make sense for the town to have a perimeter trail from a recreation standpoint. But I was also trying to pitch it as a good idea from a fuel standpoint, so that if there was a wildfire, you could respond to it. Certainly, the idea took on a whole other dimension after the Camp Fire.
I’m a restoration ecologist, so I’ve done a lot of river floodplain work. There are a lot of analogies there. The trend has been to give nature a little bit more room: You’re not going to stop a flood, but you can minimize damage to human infrastructure. Putting levees too close to the river makes them more prone to failing and puts people at risk — but if you can set the levee back a little bit, it gives the flood waters room to go through. That’s why I thought we need a little bit of a buffer in Paradise and some protection around the community. We need a transition between an area that is going to burn, and that we can let burn, but not in a way that is catastrophic.
How hard has it been to find willing sellers? Do most people in the area want to rebuild — or need to because of their mortgages?
Ironically, the biggest challenge for us is finding adequate funding. A lot of the property we have so far has been donated to us. It’s probably upwards of — oh, let’s see, at least half a dozen properties have been donated, probably close to 200 acres at this point.
We are applying for some federal grants right now, and we’ll see how that goes. What’s evolved quite a bit on this in recent years, though, is that — because we’ve done some modeling — instead of thinking of the buffer as areas that are managed uniformly around the community, we’re much more strategic. These fire events are wind-driven, and there are only a couple of directions where the wind blows sufficiently long enough and powerful enough for the other conditions to fall into play. That’s not to say other events couldn’t happen, but we’re going after the most likely events that would cause catastrophic fires, and that would be from the Diablo winds, or north winds, that come through our area. That was what happened in the Camp Fire scenario, and another one our models caught what sure looked a lot like the [2024] Park Fire.
One thing that I want to make clear is that some people think, “Oh, this is a fire break. It’s devoid of vegetation.” No, what we’re talking about is a well-managed habitat. These are shaded fuel breaks. You maintain the big trees, you get rid of the ladder fuels, and you get rid of the dead wood that’s on the ground. We have good examples with our partners, like the Butte Fire Safe Council, on how this works, and it looks like it helped protect the community of Cohasset during the Park Fire. They did some work on some strips there, and the fire essentially dropped to the ground before it came to Paradise Lake. You didn’t have an aerial tanker dropping retardant, you didn’t have a $2-million-per-day fire crew out there doing work. It was modest work done early and in the right place that actually changed the behavior of the fire.
Tell me a little more about the modeling you’ve been doing.
We looked at fire pathways with a group called XyloPlan out of the Bay Area. The concept is that you simulate a series of ignitions with certain wind conditions, terrain, and vegetation. The model looked very much like a Camp Fire scenario; it followed the same pathway, going towards the community in a little gulch that channeled high winds. You need to interrupt that pathway — and that doesn’t necessarily mean creating an area devoid of vegetation, but if you have these areas where the fire behavior changes and drops down to the ground, then it slows the travel. I found this hard to believe, but in the modeling results, in a scenario like the Camp Fire, it could buy you up to eight hours. With modern California firefighting, you could empty out the community in a systematic way in that time. You could have a vigorous fire response. You could have aircraft potentially ready. It’s a game-changing situation, rather than the 30 minutes Paradise had when the Camp Fire started.
How does this work when you’re dealing with private property owners, though? How do you convince them to move or donate their land?
We’re a Park and Recreation District so we don’t have regulatory authority. We are just trying to run with a good idea with the properties that we have so far — those from willing donors mostly, but there have been a couple of sales. If we’re unable to get federal funding or state support, though, I ultimately think this idea will still have to be here — whether it’s five, 10, 15, or 50 years from now. We have to manage this area in a comprehensive way.
Private property rights are very important, and we don’t want to impinge on that. And yet, what a person does on their property has a huge impact on the 30,000 people who may be downwind of them. It’s an unusual situation: In a hurricane, if you have a hurricane-rated roof and your neighbor doesn’t, and theirs blows off, you feel sorry for your neighbor but it’s probably not going to harm your property much. In a wildfire, what your neighbor has done with the wood, or how they treat vegetation, has a significant impact on your home and whether your family is going to survive. It’s a fundamentally different kind of event than some of the other disasters we look at.
Do you have any advice for community leaders who might want to consider creating buffer zones or something similar to what you’re doing in Paradise?
Start today. You have to think about these things with some urgency, but they’re not something people think about until it happens. Paradise, for many decades, did not have a single escaped wildfire make it into the community. Then, overnight, the community is essentially wiped out. But in so many places, these events are foreseeable; we’re just not wired to think about them or prepare for them.
Buffers around communities make a lot of sense, even from a road network standpoint. Even from a trash pickup standpoint. You don’t think about this, but if your community is really strung out, making it a little more thoughtfully laid out also makes it more economically viable to provide services to people. Some things we look for now are long roads that don’t have any connections — that were one-way in and no way out. I don’t think [the traffic jams and deaths in] Paradise would have happened with what we know now, but I kind of think [authorities] did know better beforehand. It just wasn’t economically viable at the time; they didn’t think it was a big deal, but they built the roads anyway. We can be doing a lot of things smarter.
A war of attrition is now turning in opponents’ favor.
A solar developer’s defeat in Massachusetts last week reveals just how much stronger project opponents are on the battlefield after the de facto repeal of the Inflation Reduction Act.
Last week, solar developer PureSky pulled five projects under development around the western Massachusetts town of Shutesbury. PureSky’s facilities had been in the works for years and would together represent what the developer has claimed would be one of the state’s largest solar projects thus far. In a statement, the company laid blame on “broader policy and regulatory headwinds,” including the state’s existing renewables incentives not keeping pace with rising costs and “federal policy updates,” which PureSky said were “making it harder to finance projects like those proposed near Shutesbury.”
But tucked in its press release was an admission from the company’s vice president of development Derek Moretz: this was also about the town, which had enacted a bylaw significantly restricting solar development that the company was until recently fighting vigorously in court.
“There are very few areas in the Commonwealth that are feasible to reach its clean energy goals,” Moretz stated. “We respect the Town’s conservation go als, but it is clear that systemic reforms are needed for Massachusetts to source its own energy.”
This stems from a story that probably sounds familiar: after proposing the projects, PureSky began reckoning with a burgeoning opposition campaign centered around nature conservation. Led by a fresh opposition group, Smart Solar Shutesbury, activists successfully pushed the town to drastically curtail development in 2023, pointing to the amount of forest acreage that would potentially be cleared in order to construct the projects. The town had previously not permitted facilities larger than 15 acres, but the fresh change went further, essentially banning battery storage and solar projects in most areas.
When this first happened, the state Attorney General’s office actually had PureSky’s back, challenging the legality of the bylaw that would block construction. And PureSky filed a lawsuit that was, until recently, ongoing with no signs of stopping. But last week, shortly after the Treasury Department unveiled its rules for implementing Trump’s new tax and spending law, which basically repealed the Inflation Reduction Act, PureSky settled with the town and dropped the lawsuit – and the projects went away along with the court fight.
What does this tell us? Well, things out in the country must be getting quite bleak for solar developers in areas with strident and locked-in opposition that could be costly to fight. Where before project developers might have been able to stomach the struggle, money talks – and the dollars are starting to tell executives to lay down their arms.
The picture gets worse on the macro level: On Monday, the Solar Energy Industries Association released a report declaring that federal policy changes brought about by phasing out federal tax incentives would put the U.S. at risk of losing upwards of 55 gigawatts of solar project development by 2030, representing a loss of more than 20 percent of the project pipeline.
But the trade group said most of that total – 44 gigawatts – was linked specifically to the Trump administration’s decision to halt federal permitting for renewable energy facilities, a decision that may impact generation out west but has little-to-know bearing on most large solar projects because those are almost always on private land.
Heatmap Pro can tell us how much is at stake here. To give you a sense of perspective, across the U.S., over 81 gigawatts worth of renewable energy projects are being contested right now, with non-Western states – the Northeast, South and Midwest – making up almost 60% of that potential capacity.
If historical trends hold, you’d expect a staggering 49% of those projects to be canceled. That would be on top of the totals SEIA suggests could be at risk from new Trump permitting policies.
I suspect the rate of cancellations in the face of project opposition will increase. And if this policy landscape is helping activists kill projects in blue states in desperate need of power, like Massachusetts, then the future may be more difficult to swallow than we can imagine at the moment.
And more on the week’s most important conflicts around renewables.
1. Wells County, Indiana – One of the nation’s most at-risk solar projects may now be prompting a full on moratorium.
2. Clark County, Ohio – Another Ohio county has significantly restricted renewable energy development, this time with big political implications.
3. Daviess County, Kentucky – NextEra’s having some problems getting past this county’s setbacks.
4. Columbia County, Georgia – Sometimes the wealthy will just say no to a solar farm.
5. Ottawa County, Michigan – A proposed battery storage facility in the Mitten State looks like it is about to test the state’s new permitting primacy law.