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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.
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Without the endangerment finding on greenhouse gases, the state could have a case for re-imposing its own greenhouse limits on auto emissions.
Trump’s Environmental Protection Agency has moved to abdicate the federal government’s responsibility to regulate greenhouse gas emissions for vehicles. At this point it’s only a proposal, and legal challenges to the shift could take years to resolve even after the change gets finalized.
But if the law eventually closes the door on national standards, it might open a new one for states.
The Clean Air Act prohibits states from enacting their own pollution regulations for mobile sources, such as cars and trucks. California, however, is allowed to request a waiver from the EPA to create its own, stricter rules, since the state was already regulating vehicle pollution prior to the law’s passage. Once EPA approves one of California’s waivers, other states can subsequently adopt the stricter rules without requesting the same federal dispensation.
At first California’s air quality regulations were focused on more traditional health-harming pollutants such as ozone and particulate matter. But in 2005, California created the world’s first greenhouse gas emissions standards for cars, beginning with model year 2009, and requested a waiver from the EPA to enforce them.
At the time the EPA did not have any national standards for greenhouse gas emissions, but a seminal court case would soon force it to create them. In 2007, the Supreme Court ruled in Massachusetts vs. EPA that greenhouse gases are pollutants, as defined by the Clean Air Act, and that the agency has a duty to regulate them if it finds that they endanger public health or welfare. In 2009, the EPA under President Obama issued its “endangerment finding,” determining under a mountain of evidence that yes, greenhouse gases threaten public health, and prompting the development of the first federal climate standards for vehicles.
Now the Trump administration is trying to reverse that finding and put an end to federal climate regulations for vehicles once and for all.
At the same time, Trump has approved a move by Congress to rescind California’s latest waivers — although the move was legally dubious and the state is challenging it in court. Congress revoked the waivers under the Congressional Review Act, a law that allows the legislative branch to undo recently-finalized agency rules with a simple majority, despite previous rulings from the Government Accountability Office and the Senate parliamentarian that the waivers are not “rules” as defined by the Congressional Review Act.
But if the EPA says the Clean Air Act does not require the agency to regulate greenhouse gas emissions, does California even need those waivers?
“If I were the state of California and the endangerment finding gets rescinded, I would argue that there are no federal standards,” Ann Carlson, a professor of environmental law at the University of California, Los Angeles, and a former Biden administration official, told me. “There is, in the view of EPA, no need to regulate, and therefore states shouldn’t be preempted. I don’t know if that’s a winner, but I think it’s worth a try.”
Eliminating the endangerment finding would give states a solid argument for being able to regulate greenhouse emissions themselves, Carlson told me. But what would make the argument a “slam dunk,” she said, was if the Supreme Court ultimately overturned Massachusetts vs. EPA, and ruled that greenhouse gases are not air pollutants under the Clean Air Act after all.
The road to that outcome would be long and could veer in a different direction if Democrats retake the White House in 2028. First, the EPA has to put out its proposal for public comments and issue a final decision. That process alone could take a year. Then states or environmental groups would challenge the decision in the D.C. Circuit Court of Appeals, which would likely take another year to reach a ruling, putting us into mid-2027 or so.
While we won’t know what EPA’s exact argument will be until it issues the final decision, the justifications it has put forward so far are weak, according to experts. The agency’s main claim in the proposal is that it can only regulate pollutants that endanger health through local or regional exposures — the global problem of climate change doesn’t count. “This is hard to square with the Supreme Court’s decision in Massachusetts vs. EPA,” Harvard Law School’s Jody Freeman told me, “but EPA claims that doesn’t settle it.”
Carlson said she thinks there’s a pretty good chance the D.C. court would strike down the EPA’s attempt to reverse the endangerment finding. But the Trump administration would presumably appeal that ruling to the Supreme Court, which would present an opportunity for the conservative majority to overturn Massachusetts vs. EPA. Chief Justice Roberts, along with Justices Alito and Thomas, dissented in the original 2007 decision, while Justice Brett Kavanaugh, who was confirmed in 2018, “has made clear his disdain for using the Clean Air Act to regulate greenhouse gasses,” Carlson said.
There are a lot of open questions about what would happen next. If the case is still ongoing by 2029, the next administration could decide to withdraw it, or simply to reinstate the endangerment finding.
Another wrinkle: The Inflation Reduction Act amended the Clean Air Act to explicitly define greenhouse gases as pollutants under new sections of the law. That could make it harder for the Supreme Court to overturn Massachusetts vs. EPA, although the court has previously held that different sections of the law may define “air pollutant” differently.
Finally, even if the case goes all the way to the point of reversing Massachusetts vs. EPA, there would probably still need to be additional litigation to clarify what states can do, Atid Kimelman, a clean vehicles attorney for the National Resources Defense Council, told me.
He noted that the federal government might argue that regardless of the fact that the EPA isn’t regulating greenhouse gases, states are still preempted, as the whole point of the preemption in the Clean Air Act is to make sure that the country doesn’t have 50 different standards for motor vehicles. Another hurdle might be that the federal Energy Policy Conservation Act, which authorizes the Department of Transportation to set fuel economy standards, also preempts states from adopting their own vehicle regulations.
“This is somewhat novel territory that hasn’t really played out in courts,” he said. “These are arguments that have to be tested.”
Along with Senator John Curtis of Utah, the Iowa senator is aiming to preserve the definition of “begin construction” as it applies to tax credits.
Iowa Senator Chuck Grassley wants “begin construction” to mean what it means.
To that end, Grassley has placed a “hold” on three nominees to the Treasury Department, the agency tasked with writing the rules and guidance for implementing the tax provisions of the One Big Beautiful Bill Act, many of which depend on that all-important definition.
Grassley and other Republican senators had negotiated a “glidepath for the orderly phaseout” of tax credits for renewables, the senator in a statement announcing the hold, giving developers until July 2026 to start construction on projects (or complete the projects and have them operating by the end of 2027) to qualify for tax credits.
Days after signing the law, however, President Trump signed an executive order calling for new guidance on what exactly starting construction means. The title of that order, “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources,” has generated understandable concern within the renewables industry that, as part of a deal to get conservative House members to support the bill, the Treasury Department will write new guidance making it much more difficult for wind and solar projects to qualify for tax credits.
“What it means for a project to ‘begin construction'’ has been well established by Treasury guidance for more than a decade,” Grassley said. Under these longstanding definitions, “beginning construction” can mean undertaking “physical work of a significant nature,” which can include or buying certain long-lead equipment or components like transformers. Another way to qualify for the credits is to spend 5% of the total cost of the project.
A more restrictive interpretation of “begin construction,” however, could turn the tax credit language into a dead letter, especially when combined with the rest of the administration’s full-spectrum legal assault on renewable energy.
Grassley said that new guidance is expected within two weeks, and that “until I can be certain that such rules and regulations adhere to the law and congressional intent, I intend to continue to object to the consideration of these Treasury nominees.”Grassley has a long history with production tax credits for wind energy, playing a pivotal role in their extension in 2015. “As the father of the first wind energy tax credit in 1992, I can say that the tax credit was never meant to be permanent,” Grassley said at the time. “The five-year extension for wind energy brings about the best possible long-term outcome that provides certainty, predictability and a responsible phase-down of a tax incentive for a renewable energy source.”
Almost 60% of Iowa’s electricity is generated by wind turbines, the highest proportion of any state, according to Energy Information Administration data.
Utah Senator John Curtis has joined Grassley in placing a hold on nominees, delaying their vote before the whole Senate, according to Politico’s Joshua Siegel. Grassley and Curtis, alongside Lisa Murkowski of Alaska and Thom Tillis of North Carolina, were unable to get a meeting with the Treasury Department to discuss the guidance, Siegel reported.
On Puerto Rico’s water crisis, LNG’s tax scam, a nuclear safety scandal
Current conditions: Wildfire smoke in Alberta, Canada, is so thick that the airport had a visibility of just about 650 feet, and the air quality index hit 2241, 10 times higher than “hazardous” levels • At least 10 Chinese provinces are on alert for heavy rainfall this week, with as much as 8 inches deluging Beijing • Prolonged heatwave conditions in southeastern Europe are raising the risk of fires.
A wildfire in Arizona’s Grand Canyon National Park that has burned for nearly a month has grown into the largest blaze in the continental U.S. so far this year, scorching more than 114,000 acres as of this weekend. The Dragon Bravo fire, near the park’s North Rim, is expected to increase in size in the coming days due to the exceptionally dry, hot weather, The New York Times reported.
It’s far from the only major fire burning out West. The Gifford fire in California grew to nearly 40,000 acres on Sunday within the Los Padres National Forest in south-central California. The fire was just 3% contained as of late Sunday evening, according to the federal wildfire tracker, InciWeb. Last month, my colleague Jeva Lange wrote that the “next big wave” of wildfires out West “could happen any day.” As she reported, “the components for a bad fire season are all there — the landscape just needs a spark.” Lightning has been a particular concern in the Pacific Northwest, where thunderstorms led to 72 fires in two Oregon counties during just one night in June. A lightning strike is the likely cause of the Dragon Bravo fire.
One of many anti-corruption protests in San Juan, Puerto Rico. Jose Jimenez/Getty Images
Nearly eight years after Hurricane María decimated Puerto Rico’s power grid, the United States’ most populous territory still suffers electricity outages every week and faces rising utility bills. But the island of more than 3 million American citizens is reeling this week from yet another utility failure: Water outages. As many as 180,000 households in Puerto Rico lost access to running water last week, and thousands are still without service. The electricity and water issues are combined. Updates on the state-run water utility’s X page indicated that several water pumping stations are out of service due to a lack of electricity. Governor Jenniffer González Colón called in the National Guard to help distribute water.
It’s just the latest crisis afflicting the Caribbean territory’s basic infrastructure as the island enters the peak of hurricane season. The local government last month escalated its battle with New Fortress Energy, the financially troubled New York-based gas company that provides its fuel and operates its power plants. González Colón is considering ending the island’s contract with LUMA Energy, the private consortium that controls the power grid. Faced with ongoing blackouts, the government just scrapped Puerto Rico’s renewable energy targets and extended the life of a highly polluting coal plant, threatening devastating health consequences for the surrounding community, as I reported earlier this summer for the MIT Technology Review. And, despite González Colón’s chummy relationship with President Donald Trump, federal funding for Puerto Rico’s post-María reconstruction is still trickling out almost a decade after the storm.
The One Big Beautiful Bill Act is bringing tax credits for wind turbines, solar panels, and electric vehicles to a swift end on the grounds that the technologies are mature and therefore no longer worth subsidizing. Yet America’s largest exporter of liquified natural gas is seeking “alternative fuel” tax credits simply for running its vessels on the fuel they carry, exactly as they’re designed to do. The tax credit, originally signed into law by former President George W. Bush in 2005, was intended to incentivize the switch from gasoline and diesel to biofuels, LNG, and liquid fuels derived from coal. The tankers Cheniere Energy, the nation’s top overseas seller of American LNG, uses to ship its fuel around the world are built to boil off fuel from the tanks that hold its cargo. But the company is seeking federal rewards for using the LNG, according to an investigation by Inside Climate News. If the Internal Revenue Service approves the request, Cheniere could net more than $140 million.
The Trump administration has vowed to cut back and streamline nuclear regulations to make building new reactors easier, potentially compromising safety. The effort has stirred enough drama at the Nuclear Regulatory Commission that a Republican commissioner resigned last week. Now a scandal at the St. Lucie Nuclear Power Plant in Florida is providing a timely reminder of why strict oversight exists over atomic energy stations. An inspection report on the plant, owned by Florida Power & Light, revealed that workers feared reporting safety problems to upper management lest they face retaliation. And that comes right as a database shows safety violations soared over the past year, according to the Tampa Bay Times.
The investigation came as the Department of Energy discovered four radioactive wasp nests at the defunct Savannah River nuclear facility in South Carolina. The finding suggested that environmental contamination at the site, which previously developed weapons-grade material for the U.S. government, is more extensive than previously understood. While advocates of nuclear energy draw clear distinctions with the military-related sites, political upheaval at the federal agency that oversees radioactive materials could put the growing bipartisan consensus on building more reactors at risk.
Tesla’s board approved a $30 billion payout of shares to Elon Musk in a new compensation deal, according to a regulatory filing on Monday that followed the billionaire's threat to leave the electric automaker if he didn't receive more stock.
The move came days after a jury in Florida found flaws in Tesla’s self-driving software partly responsible for a crash that killed a 22-year-old woman in 2019 and severely injured her boyfriend, The New York Times reported. If Friday's verdict holds, Tesla will be on the hook for as much as $243 million in damages to the parents of the woman and her boyfriend. The jury decided that Tesla bore 33% of the blame for the crash. Tesla said it would appeal. It’s a setback for Musk’s driverless ambitions. As Tesla’s human-driven automotive offerings stalled out last year, Heatmap contributor Andrew Moseman wrote that, “sure, maybe it will be the one to crack full autonomous driving. But in practical terms, that tech is not close to reality, and Tesla’s version of it has encountered its fair share of bugs and been sued over crashes.”
New research from Stanford University has “upended conventional wisdom about electric vehicle battery management. Contrary to popular belief, a more dynamic driving style could significantly extend the lifespan of EV batteries,” including not charging the units to 100%.