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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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New guidelines for the clean fuel tax credit reward sustainable agriculture practices — but could lead to greater emissions anyway.
The Treasury Department published proposed guidance last week for claiming the clean fuel tax credit — one of the few energy subsidies that was expanded, rather than diminished, by Trump’s One Big Beautiful Bill Act. There was little of note in the proposal, since many of the higher-stakes climate-related decisions about the tax credit were made by Congress in the statute itself. But it did clear up one point of uncertainty: The guidance indicates that the administration will reward biofuel crops cultivated using “climate-smart agriculture” practices.
On the one hand, it’s a somewhat surprising development simply because of Trump’s record of cutting anything with climate in the title. Last April, the U.S. Department of Agriculture terminated grants from a Biden-era “Climate-Smart Commodities” program, calling it a “slush fund,” and refashioned it into the “Advancing Markets for Producers” initiative.
On the other hand, depending on how the Trump administration implements it, integrating climate-smart agriculture into the clean fuel tax credit could become its own kind of slush fund, paying out billions in taxpayer dollars for questionable benefits and with little accountability.
The clean fuel tax credit, known by its section of the tax code as 45Z, subsidizes the production of low-carbon transportation fuels for vehicles and aviation. Companies can earn up to $1 per gallon depending on the carbon intensity of the production process.
Sourcing corn and soy from farms that use climate-smart agriculture practices is one potential way for biofuel producers to claim more of the credit. “Climate-smart agriculture” can refer to a wide variety of techniques that increase the amount of soil stored in carbon or otherwise reduce emissions, such as reducing soil disturbance, planting cover crops, or implementing nutrient management practices that reduce nitrous oxide emissions. But to date, the federal government has not issued guidance for how to account for these practices.
The Biden administration put out proposed rules just before leaving office that were quite controversial, Nikita Pavlenko, the fuels and aviation program director at the International Council on Clean Transportation, told me. The methodology relied entirely on modeling and did not require farmers to take any real-life measurements of soil carbon before or after adopting the climate-smart practice. The rules also assume that these climate-smart practices would be implemented anew, when in reality many farms have been practicing some of them for years without subsidies. That means ethanol producers could potentially get free money to buy corn from farms that adopted no-till practices long ago, with no additional benefit for the climate.
“These climate-smart ag practices are a rare example of bipartisanship, for what it’s worth, and there’s a lot of money to be made in it,” Pavlenko told me. “But I’m not sure exactly how much actual greenhouse gas reduction or sequestration.”
According to estimates by Pavlenko’s group, the lack of an additionality requirement could lead to the government paying $2.1 billion in subsidies for farms to keep doing what they were already doing, with no new benefits for the climate.
I should note that the climate integrity of the clean fuel tax credit, also known as 45Z, was already compromised by changes made in the OBBBA. Subsidies for crop-based biofuels can indirectly drive deforestation. Prior to Trump’s tax law, producers would have had to take into account emissions related to land use changes when they calculated the carbon intensity of their fuel. Now they don’t. The change will make it much easier for a fuel like ethanol, which is already heavily subsidized through other programs, to qualify.
That, in turn, could cost taxpayers an estimated five times as much per year. When the subsidy was first created in the Inflation Reduction Act, the Joint Committee on Taxation estimated that it would cost taxpayers $2.9 billion over three years. After the OBBBA passed, extending the credit by two years, the committee’s estimate was $25.7 billion.
The existing proposal for incorporating climate-smart agriculture practices into the tax credit calculation would likely push that estimate even higher. After the Biden administration released its proposal last January, groups like Pavlenko’s submitted comments critiquing the methods and suggesting changes. But after the Trump administration took over, it was unclear what would happen with it, he said.
Last week’s guidance was still somewhat vague about what’s next for the climate-smart agriculture calculations, saying only that the proposal published in January is still “undergoing testing, peer review, and public comment,” and that the Treasury expects it to be ready some time in 2026. In the meantime, the Treasury will be taking public comments on the broader 45Z guidance through April 6 and hold a public hearing on May 28.
On Tesla’s sunny picture, Chinese nuclear, and Bad Bunny’s electric halftime show
Current conditions: The Seattle Seahawks returned home to a classically rainy, overcast city from their win in last night’s Super Bowl, though the sun is expected to come out for Wednesday's victory parade • Severe Tropical Cyclone Mitchell is pummeling Western Australia with as much as 8 inches of rain • Flash floods from Storm Marta have killed at least four in Morocco.
Orsted’s two major offshore wind projects in the United States are back on track to be completed on schedule, its chief executive said. Rasmus Errboe told the Financial Times that the Revolution Wind and Sunrise Wind projects in New England would come online in the latter half of this year and in 2027, respectively. “We are fully back to work and construction on both projects is moving forward according to plan,” Errboe said. The U.S. has lost upward of $34 billion worth of clean energy projects since President Donald Trump returned to office, as I wrote last week. A new bipartisan bill introduced in the House last week to reform the federal permitting process would bar the White House from yanking back already granted permits. For now, however, the Trump administration has signaled its plans to appeal federal courts’ decisions to rule against its actions to halt construction on offshore turbines.
The fight over the billions in federal funding the White House is holding up for the Gateway rail project between New Jersey and New York, meanwhile, heated up over the weekend. On Friday night, a federal judge ordered the Trump administration to unfreeze the nearly $16 billion to the project, just hours after construction ground to a halt as funding ran dry. In her ruling, U.S. District Judge Jeannette Vargas of the Southern District of New York wrote that “plaintiffs have adequately shown that the public interest would be harmed by a delay in a critical infrastructure project.” Trump had his own idea in mind. Over the weekend, the White House proposed releasing the money only if Senate Minority Leader Chuck Schumer of New York agreed to rename Penn Station after Trump.
Tesla has started hiring staff to ramp up production of solar panels as the company looks to build 100 gigawatts of panel-manufacturing capacity supplied with raw materials produced in America. In a job posting on LinkedIn, Seth Winger, Tesla’s senior manager for solar products engineering, wrote that the panel-producing buildout was “an audacious, ambitious project.” For that, he wrote, “we need audacious, ambitious engineers and scientists to help us grow to massive scale. If you want to solve tough manufacturing problems at breakneck speed and help the U.S. breakthrough on renewable energy generation, come join us.” One of the listings indicated that the target date for bringing the new factories online was the “end of 2028,” giving an indication of timing that Reuters noted had been previously absent from Elon Musk’s public statements. Bloomberg reported last week that Tesla is already looking at sites in New York, Arizona, and Idaho for its manufacturing expansion.
The Trump administration tried to yank permits from the offshore wind projects off New England on the grounds that the towering turbines caused more ecological destruction than the electricity is worth. On Friday, however, Trump signed a proclamation reopening a giant marine preserve in the Atlantic Ocean to commercial fishing. First established at the end of the Obama administration, the Northeast Canyons and Seamounts Marine National Monument lies 130 miles off the coast of Cape Cod, encompassing what The New York Times described as “an area the size of Connecticut that is home to dolphins, endangered whales, sea turtles, and ancient deep-sea corals.” While Trump lifted the ban on commercial fishing in the zone during his first administration, President Joe Biden reinstated the restrictions. But this isn’t the first time Trump reopened a national marine national monument to fishing. In April, he ended protections for the Pacific Islands Heritage Marine National Monument located 750 miles west of Hawaii and designated by President George W. Bush in 2009.
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Connecitcut’s Department of Insurance has launched a website that displays extensive information about the climate risk of every property in the state in what E&E News called “an unprecedented move to alert residents and to promote flood insurance.” The details include each property’s history of damage from floods and other events predicted to get worse as the planet warms. “A single risk score does not fully convey flood and climate risk,” department spokesperson Mary Quinn said. The department plans a marketing campaign this year with ads on radio, TV, and social media, and workshops for insurance agents on how to use the website. Nationwide, climate change is already raising household costs by $900 per year, as Heatmap’s Matthew Zeitlin reported last year. Wildfires have already “destroyed California’s insurance market,” according to an interview with Heatmap's Shift Key podcast last year with an expert at the University of Pennsylvania’s Wharton School.
Unit 1 of the Taipingling nuclear power station in China’s Guangdong has reached criticality seven years after construction began on the gigawatt-sized Hualong One reactor. The debut atom-splitting means the newest reactor is months, if not weeks, from entering into commercial operation. If that enticingly single-digit number of years to build a piece of infrastructure that takes the U.S. more than a decade wasn’t enough of a sign of China’s nuclear strengths, the country this week hit another milestone on a separate atomic station. At the Zhangzhou-3 nuclear reactor, workers last week installed the inner steel dome of the containment building.

Nearly a decade after Puerto Rico’s power grid collapsed and plunged America’s most populous territory into the second-longest blackout in world history, the island’s biggest musical star performed a Super Bowl halftime show that included linemen working on transformers. Bad Bunny’s performance, a revue of his reggaeton hits, served as an ode to what he called “my motherland, my homeland, Puerto Rico.” The grid still suffers regular outages. When it’s working, the power system sends occasional surges through wires that fry appliances. Electricity rates are higher than almost any state, despite Puerto Rico suffering worse poverty rates than Mississippi. At one point, Bad Bunny climbed a utility pole on stage waving a light-blue Puerto Rican flag, a symbol of the movement to establish the island territory as its own independent nation. It was a powerful political statement at America’s most-watched sporting event. For energy nerds, it was a rare opportunity to reflect on one of the worst, most prolonged infrastructure disasters in modern American history.
Rob talks with the lawmaker from New Mexico (and one-time mechanical engineer) about the present and future of climate policy.
The permitting reform conversation is heating up.
On this week’s episode of Shift Key, Rob talks to Senator Martin Heinrich about whether Republicans and Democrats will reach a permitting reform deal this year. They chat about what Democrats would need to see in such a deal, how it could help transmission projects, and why such a deal will ultimately need to constrain President Trump in some way.
They also discuss the future of Democratic energy and climate policy — what Heinrich learned from the Biden administration, what the Inflation Reduction Act got right (and wrong), and why data centers are becoming a new kind of energy villain.
Heinrich is the senior senator from New Mexico (and a well-known transmission policy nerd). He’s also a trained mechanical engineer and the son of a utility lineman. Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap, and Jesse Jenkins, a professor of energy systems engineering at Princeton University. Jesse is off this week.
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Here is an excerpt from our conversation:
Robinson Meyer: There’s one bill we reported on yesterday at Heatmap called the FREEDOM Act. It just came out of the House. It has a bipartisan group behind it, including [Republican] Mike Lawler from New York and [Democrat] Adam Gray in California. It tries to prevent federal agencies from terminating work on a fully permitted project or affecting ongoing construction on a fully permitted project. And it would establish this fund that a company that has seen its permits get yanked could pull from in the Treasury Department, up to $5 million.
Does this bill meet your concerns? Have you looked at it? Is this the kind of text that you would need to see to say, okay, we could put a deal together?
Senator Martin Heinrich: We’re very intrigued in digging into that legislation right now, and I do think that anything we can do to create more certainty in the market — and that’s true for both renewables and for traditional energy. Because the truth is, we can’t have a system where, when one party controls the White House, they attack this set of energy, and then when it changes hands, that group attacks this other set of energy. We just need to set policy and then have predictable flows of capital into the market. And so I think this is a positive step forward. And we should look at all the things the House does and evaluate them on their merits.
I will say that if the figure is $5 billion for this fund, you could exhaust that on one wind project. And thank goodness the court stepped in as quickly as they did because those offshore wind projects were on the scale of tens of billions of dollars. And effectively, if you’re going shut those off, that’s a takings, in my view. That’s like actually stealing someone’s capital, stealing someone’s money.
And we can’t — that’s third world stuff. We can’t have that in the United States of America. But I give credit to the House for coming forward with this kind of thing because we do need to constrain it.
You can find the full transcript of this episode here.
Mentioned:
SunZia: The Untold Saga of America's Biggest Power Line, by Robinson Meyer
The FREEDOM Act: New Bipartisan House Bill Would Keep President From Yanking Permits
This episode of Shift Key is sponsored by ...
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Music for Shift Key is by Adam Kromelow.