You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
It’s not the pipeline. It’s the power lines.

At first glance, the bipartisan deal to raise the debt ceiling seems pretty good for the climate.
Most importantly, it preserves the Inflation Reduction Act, President Joe Biden’s flagship climate law. That alone is a monumental victory, cementing Biden’s legacy (for now) and allowing his administration to continue its experiment with green industrial policy.
When climate advocates have spoken against the deal, they’ve focused their ire on the Mountain Valley Pipeline, a 304-mile conduit that will link West Virginia’s booming natural-gas fields to the rest of the country. The deal essentially approves the pipeline and exempts it from judicial oversight, all but ensuring its eventual completion. Senator Joe Manchin, a West Virginia Democrat, won the White House’s support for the pipeline when he agreed to the IRA last year.
Yet despite the chatter, the pipeline was not, in fact, the most important climate concession exacted in negotiations. The deal also made a number of changes to federal permitting law, especially the National Environmental Policy Act, or NEPA. These changes have been described as relatively small, common-sense reforms to the federal process — and in some cases they are. But they also represented critical leverage that Democrats just lost.
Democrats might have secured many other objectives in the debt-ceiling talks, including minimal cuts to some federal programs and a potential expansion of food stamps. But the deal’s permitting reforms are an uneven trade in which Democrats gave up much more than they gained and made virtually no progress on one of their biggest goals: making it easier to build long-distance power lines. When Congress revisits permitting reform in the next few months — as Speaker of the House Kevin McCarthy has promised – Democrats will find that they have little room to bargain.
The National Environmental Policy Act, or NEPA, requires that the federal government conduct an environmental study before it does much of anything. It also sets the rules by which the government decides whether to approve large-scale infrastructure. If a state wants to build a new highway with federal funds, it must apply to the government, which then runs a “NEPA process” to determine whether to grant funding. Virtually every major government project — whether a new mass-transit hub or an offshore wind farm — requires a NEPA study and a NEPA process.
Republicans have long wanted to tinker with NEPA. But while NEPA was once widely understood by progressives as a bedrock of federal environmental law, some on the left have recently become more open to reforming it. Fighting climate change will require building a lot of new infrastructure, they have argued, and NEPA could slow down that process. At the same time, virtually all Democrats want to simplify the process of building new long-distance power lines, which will lower electricity prices while ushering more renewables onto the grid. If America doesn’t double its rate of new transmission construction, then 80% of the IRA’s carbon reductions will be squandered, according to Jesse Jenkins, a Princeton engineering professor.
So a trade of sorts took shape: Democrats would open up NEPA, accomplishing a long-sought GOP goal, in exchange for easing the path for new power lines. When Senator Manchin proposed a permitting-reform bill last year, that’s essentially what it did.
The debt-ceiling deal inherits many of the NEPA reforms first contemplated in Manchin’s bill. Today, the strictest type of NEPA review takes 4.5 years to complete, although some studies can take much longer. The deal will impose a one-year deadline for most environmental-review studies and a two-year deadline for the strictest types. If an agency overruns these deadlines, then a project’s sponsor can sue the agency to get an accelerated decision.
The deal also imposes new page limits on NEPA studies. Today, the most stringent NEPA studies run to more than 500 pages on average. The deal would cap most NEPA studies to 150 pages, and the most complicated reviews to 300 pages.
To be sure, these reforms don’t go as far as the GOP wanted. Under one Republican proposal, for instance, the penalty for overrunning a NEPA deadline would have been a project’s immediate and irrevocable approval. But the deal also declines to provide more funding for NEPA agencies to hire staff, which some progressives have argued is the most important driver of NEPA delays.
The deal also narrows some of NEPA’s most important language, reducing the number of federal actions that require the most elaborate kind of environmental-impact study. An agency will now get to determine whether a project requires the highest level of NEPA review. That is “really problematic” because it could let officials do an end-run around the NEPA process, Kym Meyer, the litigation director at the Southern Environmental Law Center, told me.
Some of the deal’s most important consequences may not be visible in the legal text. The deal, for instance, says that projects qualifying for certain federal small-business loans do not need NEPA approval. That could effectively exempt many factory farms from the NEPA process, Meyer said.
The deal repeatedly inserts the words “reasonable” in NEPA, at one point limiting the types of environmental impacts that agencies must study only to those that are “reasonably foreseeable.” That may all sound, well, reasonable, and it could ultimately work out alright for environmentalists. But the courts — and the sharply conservative Supreme Court — will get to decide exactly where the lines of that reasonableness fall. “One thing we know for sure is that we’re gonna see a lot of litigation out of this,” Meyer said.
Which is not to say that Democrats failed to win concessions. Every NEPA study must now consider the environmental consequences of a project not happening — a new tool against NIMBYs who fight clean-energy projects. And energy-storage facilities, such as big batteries that store renewable electricity on the power grid, now qualify for an accelerated approval process.
The bill enacts a lot of what has been “circling around as a bipartisan set of permitting ideas for a couple of years now,” Xan Fishman, the director of energy policy at the Bipartisan Policy Center, a moderate think tank, told me. “It’s a lot of stuff that people on both sides of the aisle have called for, a lot of common-sense stuff. But there’s still a lot of stuff to do.”
The problem is that the bill makes all these changes without altering transmission policy at all. It funds a study on whether the United States should expand its long-distance transmission — ironic given that building new power lines already requires too many studies — but makes no substantive changes.
I’m sympathetic to the case for permitting reform, and I would describe the law’s changes to NEPA as aggressive but acceptable under the right circumstances. There’s some good stuff, some bad stuff, and much in between. But looking at the package in the context of this deal, I am more worried. By acceding to these changes, Democrats have surrendered their greatest leverage in future permitting-reform talks. Achieving transmission reform will now require much more profound changes to NEPA than many progressives may be willing to accept.
“They took care of the low-hanging fruit and there may not be a ladder high enough to get to the rest,” Rob Gramlich, a political consultant and one of the nation’s foremost transmission experts, told me.
That’s because Republicans want three major changes to federal environmental law, all of which could empower fossil fuels. First, lawmakers want to ease the way for international oil and natural-gas pipelines, limiting a president’s ability to block them under federal law. Second, Republicans want to revise the Clean Water Act so states can’t use it to block pipelines for climate-related reasons.
Finally, Republicans want to impose even stricter time limits on NEPA, adding a statute of limitations and a deadline for how long a NEPA-related lawsuit can drag on. This would require the biggest gamble of all: By time-delimiting NEPA fights, Democrats would keep NIMBYs from fighting clean-energy and mass-transit infrastructure, allowing a rapid low-carbon buildout. (As Ezra Klein has argued, NEPA hobbles the government’s power to build big public projects more than it limits private companies’.) But in doing so, Democrats would deprive environmental litigators of the time-sapping tactics that they use to slow down fossil-fuel projects.
Democrats, meanwhile, have more modest goals in any future permitting fight: They want long-distance power lines to be as easy to build as natural-gas pipelines. Right now, an interstate power line must win approval from dozens of state and local governments before it can be built, while a natural-gas pipeline only needs to be approved by a single federal agency. Democrats want to give that agency authority over transmission. Pending that, Democrats would require the grid in each region of the country to connect with its neighbors, guaranteeing a minimum amount of transmission capacity nationwide.
Suffice it to say that these are not equal goals. Republicans now want much deeper changes to NEPA than Democrats seek for transmission law. This is going to make any dealmaking much harder. It would have been a fair trade, once, to link transmission reforms to some of the permitting changes in the debt-ceiling deal. It would have been a savvy trade to package the deal’s modest reforms with some of the more aggressive proposals from each party, so as to make the ultimate “winner” of the negotiations more obscure. With those easy trades off the table, only hard choices remain.
So Democrats will soon have to make a much weightier gamble: Should they accept Republicans’ significant changes to NEPA in exchange for transmission reform?
That might feel like trading “a Taylor Swift ticket for a high-school baseball ticket,” Gramlich told me. If Democrats accept it, they will be making a world-historic bet: that decarbonization is all but assured, and that no amount of preferential treatment for pipelines or fossil fuels could change the market’s embrace of a low-carbon future. They might decide that weakening NEPA’s judicial reforms would enable a green buildout, not a gray one, allowing new IRA-subsidized infrastructure to flourish across the country. Or more darkly, they might decide that only a massive transmission mandate can secure the IRA’s carbon-reduction benefits, and that such a prize is worth a few new pipelines.
But I’ll be honest that I don’t see it happening. The party does not seem ready to make such a cosmic gamble on the future of the American energy system. Climate advocates couldn’t accept the Mountain Valley Pipeline by itself; how could they accept making it easier to build any pipeline going forward? A miracle could happen, of course, but for now, the hope of transmission reform seems dead.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
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.
Sign up to receive Heatmap AM in your inbox every morning:
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.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, or wherever you get your podcasts.
You can also add the show’s RSS feed to your podcast app to follow us directly.
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 ...
Accelerate your clean energy career with Yale’s online certificate programs. Explore the 10-month Financing and Deploying Clean Energy program or the 5-month Clean and Equitable Energy Development program. Use referral code HeatMap26 and get your application in by the priority deadline for $500 off tuition to one of Yale’s online certificate programs in clean energy. Learn more at cbey.yale.edu/online-learning-opportunities.
Music for Shift Key is by Adam Kromelow.