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It’s the Obama playbook, but different.

It was — against all odds — an energy debate.
Just look at the statistics. The word “fracking” was mentioned 10 times. “Oil” came up seven times. Even “climate change,” which Donald Trump was not very eager to talk about, was mentioned four times. And while that may not seem like a lot for such a vast and globe-spanning problem, climate change came up only three times in all of 2016’s debates combined.
Even more than when talking about trade or inflation, Vice President Kamala Harris and former President Donald Trump used energy to make their economic vision concrete and meaningful to Americans. For Harris, that meant recognizing the scale of the country’s fossil fuel resources today while gesturing toward a cleaner and lower-carbon future that will produce (in theory, at least) lots of high-wage manufacturing jobs for America’s middle class. For Trump, the energy industry — and, really, the fossil fuel industry — is central to his fleshy, authoritarian vision of American strength. Seemingly any attempt to replace hydrocarbons with something cleaner or less polluting arises from nothing less than an elite conspiracy to weaken the country and sell out its people.
For such a stark contrast — and for such an outlandish contrast, to be clear — it was a surprisingly substantive debate. Which isn’t to say we learned much, especially about Trump. The Republican nominee was the same man we’ve seen for the past nine years, the same politician who has defined the extreme GOP position on global warming. Over the past near-decade, Trump has called climate change a “hoax” and has seemed to revel in emissions-increasing policies. That isn’t changing. Asked directly what he would do about climate change on Tuesday night, he did not address the question at all. Instead, he talked about how car factories are getting built in Mexico, and he claimed in a difficult-to-follow rant that Joe Biden is getting paid off by China.
About Harris, we learned far more. Harris struck a careful, moderate tone during the debate between the need for climate action and the ongoing importance of fossil fuel extraction. She spoke about the Inflation Reduction Act, the Biden administration’s signature climate policy, but also discussed how it increased federal leasing for oil and gas. She spoke about climate change in terms of its higher everyday costs for Americans, and not — as Biden did — as an existential threat to the country.
“What we know is that [climate change] is very real,” she said. “You ask anyone who lives in a state who has experienced these extreme weather occurrences, who now is either being denied home insurance or [it] is being jacked up.”
She bragged about the Biden administration’s oil and gas record in the same breath as she discussed its enormous investments in clean energy. American oil and gas production is at an all-time high — it is higher, in fact, than Saudi Arabia’s — but I can’t remember hearing a Biden administration official bragging about that.
“I am proud that as vice president over the last four years, we have invested a trillion dollars in a clean energy economy while we have also increased domestic gas production to historic levels,” she said.
In a way, Harris has essentially returned to Obama’s 2012 “all of the above” energy policy. That approach remains unpopular with climate activists, who think it did too much for the oil and gas industry; personally, I think it’s an open question whether Obama actually believed in the “all of the above” approach or was subtly trying to help renewables all along. But more importantly, the underlying policy context is totally different now than it was 12 years ago: With the Inflation Reduction Act in place, the government can more easily bless all forms of energy development because it is, in fact, helping clean energy take root.
What’s most important, though — and what I hope climate advocates do not overlook — is that Harris’s tack here reflects the broad state of American public opinion. While most Americans want to reduce greenhouse gas emissions, they do not seem to want an energy revolution: More than two-thirds of Americans believe the country should use a mix of renewables and fossil fuels, according to the Pew Research Center, and less than a third believe the country should rely “entirely” on renewables. In the same poll, most Americans said they oppose federal rules that would aim to make electric vehicles half of all new cars sold by 2032.
This is not to say that Americans are big oil lovers. Most Americans think the country should prioritize various forms of zero-carbon energy development over fossil fuels. And while Republican support for renewables has dropped over the past few years — and has fallen further over the past few months, as my colleague Matthew Zeitlin wrote recently — a generation gap has emerged wherein younger Republicans are much more likely to champion solar and wind than older party members.
Even among seemingly environmental-aligned demographics, greater support exists for fossil fuels than one might expect. Most Democrats say they would not “favor” expanding fracking or offshore drilling — but about a quarter of Democrats would favor more fossil fuel drilling. So would roughly 45% of independents and, of course, a large majority of Republicans, according to Pew.
Of course, these facts of public opinion sit uneasily with what we know about climate change, which is that greenhouse gas emissions — and fossil fuel development with it — should plan to scale down soon. The International Energy Association has said that the most likely pathway for keeping global warming to 1.5 degrees Celsius requires the development of “no new long lead-time upstream oil or gas projects.” This observation provides less guidance for American policy makers than it might initially seem, because it is really focused on the opening of new, massive oil fields like Guyana’s. (The IEA also says, in almost the same breath, that “continued investment is required in some existing oil and gas projects,” which could possibly justify ongoing extraction from Texas’s well-established oil and gas fields.)
But even then, the non-negotiable fact would remain: The world must move away from fossil fuels. And the American people are not generally ready to do that today. The country wants something closer to an “all of the above” strategy than it wants a Green New Deal.
That strategy brings climate policy out of the ideological realm and into the pragmatic. Americans, polling suggests, like renewables in part because they will let the United States reduce its dependence on foreign oil, a popular idea in and of itself and talking point of both parties going back decades.
When Heatmap polled more than 5,000 Americans last month, more than half said that a “strong benefit” of a given clean energy project would be its ability to reduce the country’s dependence on foreign oil and natural gas. Among respondents, those putative energy independence benefits were the No. 2 most popular reason to support clean energy; the only more popular rationale for backing a project was that it would cut utility bills.
Harris directly echoed that appeal on Tuesday. “My position is that we have got to invest in diverse sources of energy so we reduce our reliance on foreign oil,” she said. “We have had the largest increase in domestic oil production in history because of an approach that recognizes that we cannot over rely on foreign oil.”
I can’t remember Biden making an appeal like this. When he talks about clean energy or the IRA, he tends to focus on its potential to grow the economy. Harris did some of that on Tuesday, bragging about the 800,000 new manufacturing jobs created during her vice presidency. But her focus on the national interest — and on the Biden administration’s appreciation of the ongoing fossil boom — was new.
Such an approach is unlikely to help her appeal to climate activists and advocates, who want the government to affirmatively begin to shutter fossil capacity. The Sunrise Movement, a climate activist group, criticized Harris on Tuesday for spending “more time promoting fracking than laying out a bold vision for a clean energy future.”
What I’d advise those advocates to keep in mind is that their views are legitimately not very popular, and Harris is trying to win a very close election in a race that her team believes has potentially existential stakes for American democracy. She also remembers the 2020 primary, when she tacked left on virtually every issue — she promised to ban fracking, for instance — and still lost. (If that’s because many of the groups wound up backing Bernie Sanders in that primary, that only reinforces the view that she can’t win over those voters in the first place.)
Harris isn’t defying the left on every issue — she has resisted neoliberal dogma and pandered to the public’s views on price gouging, for instance, putting her more in line with the Democratic Party’s Elizabeth Warren wing. But unlike Biden, she refuses to pay an electoral price for backing left-wing policies. Indeed, she seems to believe that she cannot pay such a price and still win. If Harris is now bragging about her administration’s support for fossil fuels, if she is casting the Inflation Reduction Act as a law that helped fracking, that means climate activists have much more work to do to persuade the public on what they believe. The Democratic Party’s candidate will not do that persuasion for them. And in any case, activists are not going to convince the public to believe something in the next 54 days that they’ve failed to do in the past five years.
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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.