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Tonight, for the third time, Donald Trump will accept the Republican Party’s nomination for president. But this time, for the first time ever, Trump is also on track to outright win the presidential election he is involved in. He has opened a two-point lead in polling averages, but some polls show a more decisive margin in swing states; no Democrat has been in a worse position in the polls, at this point in the election, since the beginning of the century. Even Trump’s decisions — his selection of JD Vance as his vice president, for instance — suggests that Trump is planning to win.
And so it is time to begin thinking in earnest about what a Trump presidency might mean for decarbonization and the energy transition. For the next several months, Heatmap’s journalists will cover — with rigor, fairness, and perspicacity — that question. (They already have.)
Should Trump win, there are a few predictions we can make with relative certainty. The Trump administration will roll back the Environmental Protection Agency’s car and truck pollution rules, which Republicans describe as a tyrannical EV mandate forced on unwilling American consumers. Trump will also try to unwind the EPA’s restrictions on carbon emissions from power plants. And he will once again take the United States out of the Paris Agreement, just as he did during his first term. Trump has also pledged to reclassify more than 50,000 federal employees as political appointees. That would make it possible for them to be fired en masse.
Make no mistake, Trump would be a disaster for American climate policy — and if your biggest issue is that the United States should aim to rapidly reduce its emissions of heat-trapping pollution, then you probably shouldn’t vote for him. But just because he will wreck climate change policy doesn’t guarantee that he will destroy the clean energy economy. A second Trump administration would be a bleak time for decarbonization advocates, but it would not be a hopeless time — even if we see a powerful and even Caesarist Trump administration, politics would go on. It is worth thinking about what those politics could look like ahead of time.
Trump’s first term saw no shortage of contradictions in his climate program. Trump was a climate change denier who seemed to revel in unraveling environmental programs. But he also ultimately signed the Energy Act of 2020, a bipartisan package written by Senator Joe Manchin and Lisa Murkowski that boosted the advanced nuclear industry, energy storage, and carbon capture, and which created programs that were later funded by Biden’s Bipartisan Infrastructure Law.
Another key contradiction in Trump’s first term was the interplay of the executive and legislative branches. Trump’s political appointees — including Scott Pruitt, his notorious and scandal-ridden EPA chief — pursued an aggressively pro-carbon agenda, rolling back environmental protections and opening up huge new swaths of public land to oil and gas drilling. The White House kept proposing budgets that cut tens of billions of dollars from key federal programs, including the EPA and the Department of Energy.
But Congress never actually passed those budgets. It became one of the strangest two-steps of the Trump administration: Again and again, the White House would unveil a radical, lacerating budget proposal that zeroed out key programs across the federal government and sent it to Congress. The press would cover Trump’s plans to destroy federal agencies, and the public would react with alarm. Then, several months later, Congress would pass a far more conventional budget. In May 2017, for example — the peak of Trump’s post-election Republican trifecta — Congress passed a budget that preserved nearly all EPA programs and increased funding for some renewable energy programs, including ARPA-E.
This doesn’t mean that the EPA and other federal agencies survived the first Trump administration unscathed. Many federal agencies saw brain drain throughout the four years of Trump; when Biden took office in 2021, his political appointees said that their first act was to rebuild the agencies’ depleted capacity. And if Trump carried out his aspiration of firing tens of thousands of federal workers, then the agencies would be even more beset, even more dysfunctional, at the end of his next term.
But the Trump White House seemed torn between the impulse to radically restructure the administrative state and the need to finalize its own deregulatory rules. The administration’s incompetence at dotting its i’s and crossing its t’s kept getting in the way of its own agenda: While the federal government usually beats legal challenges to its own rules, the Trump administration lost roughly 80% of its court fights.
Now, unlike during his first term, Trump will have a more favorable Supreme Court to work with: Conservatives now hold a 6-3 majority on the high court — and it could easily become 7-2 under a Trump administration. Last month, the Supreme Court made it harder for the regulatory state to issue any new rules, essentially subjugating agency authority to the judiciary. That could allow the Supreme Court to force a Trump initiative into law — but it could also hamstring Trump’s agencies by forcing them to do more work, to file more paperwork, to respond to even more public comments.
A second Trump presidency will differ from its prequel in at least one respect: its fossil fuel of choice. Throughout the 2016 election, Trump bound his campaign to the coal industry, pledging to bring back mining jobs and end Obama’s “war on coal.” Soon after his election, he received a coal “action plan” directly from Bob Murray, the CEO of what was then the country’s largest coal company.
Trump failed. Murray’s company declared bankruptcy in 2019, and coal mining jobs collapsed to a historic low in November 2020. (Coal mining employment has modestly recovered under Biden.) Now, as Heatmap columnist Paul Waldman has observed, Trump barely talks about coal at all; he now seems to revere the oil and gas industry. In April, he met with oil and gas executives at Mar-a-Lago and asked for $1 billion in campaign donations.
This speaks to another contradiction that’s far bigger than Trump, between the varying needs of big and small fossil fuel companies. Climate advocates sometimes talk about “the fossil fuel industry” as a monolith, but in fact it is riven with its own divisions and disagreements. Oil and natural gas companies have different demands from coal companies. There are also disagreements between large oil companies, such as ExxonMobil, whose size lets them afford higher regulatory burdens, and smaller oil and gas drillers, who oppose any regulation whatsoever. This divergence could affect how the Trump administration handles the EPA’s methane rules, which require oil companies to cap and monitor greenhouse gas emissions from oil and gas drilling equipment.
Then there’s nuclear power, the country’s most prolific zero-carbon fuel, which enjoys nearly unmatched bipartisan support but which some voters are much more wary of. Many nuclear advocates see Trump as neutral on the technology, even a potential ally, but Project 2025 proposes canceling the tens of billions of dollars in nuclear subsidies that the Biden administration has proposed. That would render the industry uneconomic and force many plants to close.
These are, of course, not even the most important contradictions that will define Trump’s White House. (I remain curious, for instance, about how Trump’s backers in Silicon Valley — whose personal wealth is tied up with big American tech companies and who detest Biden’s aggressive approach to antitrust enforcement — feel about Trump’s devil-may-care approach to defending Taiwan or about J.D. Vance’s praise of Lina Khan.)
Trump has promised to bring back manufacturing to the United States and wage a trade war on China. He also opposes electric vehicles. But some of the country’s biggest new manufacturing facilities are going to make EVs and batteries — and these are in the Republican heartland of South Carolina, Tennessee, and Texas, as well as the battleground state of Georgia. Trump has pledged to repeal the Inflation Reduction Act’s $7,500 tax credit for buying EVs, and Project 2025 proposes neutering the Energy Department’s Loan Programs Office, which can lend money to fund new EV factories. How will those anti-decarbonization policies fit in with local Republican economies? It is not hard to imagine a world where Trump repeals the consumer tax credit for EVs and claims victory over it, but preserves the IRA’s far more lucrative 45x subsidy that rewards companies that make batteries and EVs. That would leave some of the most important pro-EV policy in the IRA intact while generating the necessary anti-climate headlines.
These focuses of ideological slippage shouldn’t make climate advocates feel more relaxed — on the contrary, some of Trump’s most authoritarian impulses have been unleashed in response to political weakness or outright unpopularity. Perhaps that’s most clear around Trump’s outright denial of climate change, which remains among the most unpopular parts of his agenda. Is it any wonder that Jeffrey Clark, a climate-questioning environment lawyer who Trump installed at the Justice Department, ultimately helped lead the department’s attempt to overturn the 2020 election?
The great irony — you might even say tragedy — of American energy policy is that voters across the parties see energy as a culture war issue. Environmentalists dream of creating an all-renewable energy system even though it would gobble up massive amounts of land. Republicans talk about supporting nuclear power, even though the nuclear industry has always and everywhere required state support. Trump, a pile of contradictions himself, and a distracted culture warrior, will only accelerate these contradictions. I am by no means optimistic about the results. But I expect that the reality of Trump’s governance will, even on these issues, surprise us.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.