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And it’s doing so in the most chaotic way possible.
The Trump administration filed a rule change this past weekend to remove key implementation regulations for the National Environmental Policy Act, a critical environmental law that dates back to 1969. While this new rule, once finalized, wouldn’t eliminate NEPA itself (doing so would take an act of Congress), it would eliminate the authority of the office charged with overseeing how federal agencies interpret and implement the law. This throws the entire federal environmental review process into limbo as developers await what will likely be a long and torturous legal battle over the law’s future.
The office in question, the Council on Environmental Quality, is part of the Executive Office of the President and has directed NEPA administration for nearly the law’s entire existence. Individual agencies have their own specific NEPA regulations, which will remain in effect even as CEQ’s blanket procedural requirements go away. “The argument here is that CEQ is redundant and that each agency can implement NEPA by following the existing law,” Emily Domenech, a senior vice president at the climate-focused government affairs and advisory firm Boundary Stone, told me. Domenech formerly served as a senior policy advisor to current and former Republican Speakers of the House Mike Johnson and Kevin McCarthy.
NEPA has been the subject of growing bipartisan ire in recent years, as lengthy environmental review processes and a barrage of lawsuits from environmental and community groups have delayed infrastructure projects of all types. While the text of the pending rule is not yet public, the idea is to streamline permitting and make it easier for developers to build. In theory that would include expediting projects such as solar farms and clean energy manufacturing facilities; in reality, under the Trump administration, the benefits could redound to fossil fuel infrastructure first and foremost.
On his first day back in office, Trump issued an executive order entitled Unleashing American Energy, which instructed CEQ to provide new, nonbinding guidance on NEPA implementation and “propose rescinding” its existing regulations within 30 days. Time is up, and CEQ published its first round of guidance late Wednesday night. So far it’s pretty bare bones, though as Hochman pointed out, it notably does away with environmental justice considerations as well as the need to take the “cumulative” environmental effect of an action into account, as opposed to simply the “reasonably foreseeable effects.” It also looks to exempt certain projects that receive federal loans from the NEPA process.
But gutting CEQ’s regulatory capacity via this so-called “interim final rule” is a controversial move of questionable legality. Interim final rules generally go into effect immediately, thus skirting the requirement to gather public comment beforehand. Expediting rules like this is only allowed in cases where posting advance notice and taking comments is deemed “impracticable, unnecessary, or contrary to the public interest.”
It’s almost certain that this interim rule will be challenged in court. Sierra Club senior attorney Nathaniel Shoaff certainly thinks it should be. “This action is rash, unlawful, and unwise. Rather than making it easier to responsibly build new infrastructure, throwing out implementing regulations for NEPA will only serve to create chaos and uncertainty,” Shoaff said in a statement. “The Trump administration seems to think that the rules don’t apply to them, but we’re confident the courts will say otherwise.”
Thomas Hochman, director of infrastructure at the center-right think tank Foundation for American Innovation, disagrees. “I think environmental groups will sue, and I think they’ll lose,” he told me. Hochman cited a surprising decision issued by the D.C. Circuit Court of Appeals last November, which stated that CEQ did not have the authority to issue binding NEPA regulations, and that it was never intended to "act as a regulatory agency rather than as an advisory agency.” This ruling ultimately made it possible for Trump to so radically reimagine CEQ’s authority in his executive order.
“I would expect environmentalists on the left to challenge any Trump administration actions on NEPA,” Domenech told me. “But I actually think that the Trump team welcomes that, because they'd love to get quicker, decisive rulings on whether or not CEQ even had this authority to begin with.”
NEPA, which went into effect before the Environmental Protection Agency was even created, is a short law with the simple goal of requiring federal agencies to take the environmental impact of their work into account. But responsibility for the law’s implementation has always fallen to CEQ, which created a meticulous environmental review and public input process — perhaps too meticulous for an era that demands significant, rapid infrastructure investment to enable the energy transition.
Recognizing this, the Biden administration tried to rein in NEPA and expedite environmental review via provisions in the 2023 Fiscal Responsibility Act, which included imposing time limits on Environmental Assessments and Environmental Impact Statements and setting page limits for these documents. But as Hochman sees it, these well intentioned reforms didn’t make much of a dent. “It was up to CEQ to take the language from the Fiscal Responsibility Act and then write their interpretation of it,” he told me. “And what CEQ basically did was they grafted it back into the status quo.” Now that those regulations are kaput, however, Hochman thinks the Fiscal Responsibility Act’s amendments will have much more power to narrow NEPA’s mandate.
Trump’s executive order requires the yet-to-be-announced chair of CEQ to coordinate a revision of each individual agency’s NEPA regulations, a process that the recent CEQ guidelines allow 12 months for. But developers can’t afford to sit around. So in the meantime, CEQ recommends (but can’t enforce) that agencies “continue to follow their existing practices and procedures for implementing NEPA” and emphasizes that “agencies should not delay pending or ongoing NEPA analyses while undertaking these revisions.” That said, chaos and confusion are always an option. As Hochman explained, many current agency regulations reference the soon-to-be defunct CEQ regulations, which could create legal complications.
Hochman told me he still thinks CEQ has an important role to play in a scaled-down NEPA landscape. “CEQ ideally will define pretty clearly the framework that agencies should abide by as they write their new regulations,” he explained. For example, he told me that CEQ should be responsible for interpreting critical terms such as what constitutes a “major federal action” that would trigger NEPA, or what counts as an action that “normally does not significantly affect the quality of the human environment,” which would exempt a project from substantial environmental review.
No doubt many of these interpretations will wind up in court. “You will probably see up front litigation of these original definitions, but once they’ve been decided on by higher courts, they won’t really be an open question anymore,” Hochman told me. Basically, some initial pain for lots of future gain is what he’s betting on. Once the text of the interim rule is posted and the lawsuits start rolling in, we’ll check in on the status of that wager.
Editor’s note: This story has been updated to reflect the publication of CEQ’s new guidance on NEPA implementation.
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The company managed to put a positive spin on tariffs.
The residential solar company Sunrun is, like much of the rest of the clean energy business, getting hit by tariffs. The company told investors in its first quarter earnings report Tuesday that about half its supply of solar modules comes from overseas, and thus is subject to import taxes. It’s trying to secure more modules domestically “as availability increases,” Sunrun said, but “costs are higher and availability limited near-term.”
“We do not directly import any solar equipment from China, although producers in China are important for various upstream components used by our suppliers,” Sunrun chief executive Mary Powell said on the call, indicating that having an entirely-China-free supply chain is likely impossible in the renewable energy industry.
Hardware makes up about a third of the company’s costs, according to Powell. “This cost will increase from tariffs,” she said, although some advance purchasing done before the end of last year will help mitigate that. All told, tariffs could lower the company’s cash generation by $100 million to $200 million, chief financial officer Danny Abajian said.
But — and here’s where things get interesting — the company also offered a positive spin on tariffs.
In a slide presentation to investors, the company said that “sustained, severe tariffs may drive the country to a recession.” Sounds bad, right?
But no, not for Sunrun. A recession could mean “lower long term interest rates,” which, since the company relies heavily on securitizing solar leases and benefits from lower interest rates, could round in the company’s favor.
In its annual report released in February, the company mentioned that “higher rates increase our cost of capital and decrease the amount of capital available to us to finance the deployment of new solar energy systems.” On Wednesday, the company estimated that a 10% tariff, which is the baseline rate in the Trump “Liberation Day” tariffs, could be offset with a half percentage point decline in the company’s cost of capital, although it didn’t provide any further details behind the calculation.
Even in the absence of interest rate relief, a recession could still be okay for Sunrun.
“Historically, recessions have driven more demand for our products,” the company said in its presentation, arguing that because their solar systems offer savings compared to utility rates, they become more attractive when households get more money conscious.
Sunrun shares are up almost 10% today, as the company showed more growth than expected.
For what it’s worth, the much-ballyhooed decline in long-term interest rates as a result of Trump’s tariffs hasn’t actually happened, at least not yet. The Federal Reserve on Wednesday decided to keep the federal funds rate at 4.5%, the third time in a row the board of governors have chosen to maintain the status quo. The yield on 10-year treasuries, often used as a benchmark for interest rates, is up slightly since “Liberation Day” on April 2 and sits today at 4.34%, compared to 4.19% before Trump’s tariffs announcements.
On solar growth, Hornsea 4, and Rivian deliveries
Current conditions: The first cicada broods have begun to emerge in the Southeast as soil temperatures hit 64 degrees Fahrenheit• Hail and even snow are possible across parts of Spain today • Forecasters have identified a risk zone for tropical storm development in the Atlantic basin, with potential for the first named storm of the year to form by mid-May.
1. Global solar market expected to slow in 2025
The global solar market is expected to grow only 10% in 2025, down from 33% growth in 2024 and 87% growth in 2023, according to a new report by SolarPower Europe. The firm’s “most realistic scenario” accounts for the natural slowdown in development after a boom caused by high energy prices in 2022 and 2023, as well as the “uneven distribution of solar market growth” worldwide, with China accounting for 55% of the market share, lending to the dip in overall solar as it implements reforms this summer in how its renewables are priced and traded.
Speaking at the opening of the Intersolar 2025 conference in Munich on Wednesday, Abigail Ross Hopper, the CEO of the Solar Energy Industries Association, echoed some of the uncertainty expressed in SolarPower Europe’s report. “I don’t think any of us could be in this business if we weren’t optimistic,” she said, adding, “I think we’re going to weather through this storm, but it is going to be a bit rocky for a few years.” SolarPower Europe’s report, meanwhile, anticipates “likely” growth from 2 terawatts of global installed solar capacity at the end of 2024 to 7.1 terawatts of total installed capacity by 2030, which would meet “nearly two-thirds of the 11 terawatt renewable energy target set at COP28.” Under ideal conditions, solar could even quadruple capacity to more than 8 terawatts by the decade’s end. Read the full report here.
2. Orsted cancels 2.4-gigawatt offshore wind project in the UK, citing rising costs
The Danish energy company Orsted announced this week that it is canceling its Hornsea 4 offshore wind project in the UK due to rising supply chain costs and other “adverse macroeconomic developments,” the Wall Street Journal reported Wednesday. Hornsea 4 was expected to become one of the biggest offshore wind farms in the world, with a capacity of 2.4 gigawatts once it was completed. (Equinor’s recently paused Empire Wind I project, south of New York’s Long Island, would have had an 810-megawatt capacity by comparison.)
Orsted warned it would take a hit from the cancellation, with breakaway costs estimated to be between $533 million and $685 million. Nevertheless, “Orsted said the project no longer made economic sense, even with a contract to sell power at government-guaranteed prices for 15 years,” Bloomberg writes. Significantly, the canceled project will also hurt the UK’s efforts to add more renewables to its power grid.
3. ICYMI: Rivian lowered its delivery estimate by as much as 15% due to tariffs
Rivian beat Wall Street’s first quarter estimates, the automaker shared in its earnings letter to investors on Tuesday, but lowered its target for 2025 vehicle deliveries on account of tariffs, CNBC reports. Though the company builds all its electric vehicles in Illinois, “The current global economic landscape presents significant uncertainty, particularly regarding evolving trade regulation, policies, tariffs, and the overall impact these items may have on consumer sentiment and demand,” Rivian said by way of explanation. While it previously estimated it would deliver between 46,000 and 51,000 units in 2025, the revised outlook anticipates 40,000 to 46,000 deliveries. Last year, the company delivered just over 51,500 vehicles, Inside EVs notes.
The company also said it expects to take on “a couple thousand dollars” in additional expenses per vehicle due to the trade policies, though founder and CEO R.J. Scaringe said it’s not planning to increase the $45,000 starting price of the R2 as a result. Despite the continued uncertainty, Rivian said it still expects to achieve a “modest positive gross profit” in 2025.
4. Republicans sneak sale of public lands into reconciliation bill
Republicans on the House Committee on Natural Resources added an eleventh-hour amendment to their portion of the budget package late Wednesday night, calling for the sale of thousands of acres of public lands in Nevada and Utah. Introduced by Representatives Mark Amodei of Nevada and Celeste Maloy of Utah, the provision capitalized on longtime aspirations by Republicans to privatize Bureau of Land Management acreage in the West.
As I wrote on Wednesday, the Republicans’ maneuver, “which came at nearly midnight, left many Democrats and environmental groups deeply frustrated by the lack of transparency,” and critics had little time to comb through the extent of the proposal. While early reviews of the bill estimated the sell-off of about 11,000 acres of land, much of it apparently near cities — in keeping with Republican Senator Mike Lee’s aspirations to use BLM land for suburban sprawl — the Wilderness Society informed me last night that the accounting may end up as high as 500,000 acres or more. That’s consequential not just for public land advocates, but also because “turning over public lands to states — or to private owners — could ease the way for expansive oil and gas development, especially in Utah, where there are ambitions to quadruple exports of fossil fuels from the state’s northeastern corner,” I note in my piece. Moreover, “Reducing BLM land could also limit opportunities for solar, wind, and geothermal development.”
5. Thinning forests to reduce wildfire danger could also mitigate droughts: study
Thinning forests is a favorite idea of Republicans, who’ve rebuked blue states over forestry practices they claim exacerbate the dangers of wildfires. Now, a new study from researchers at the College of Agriculture, Biotechnology & Natural Resources at the University of Nevada, Reno looking at the hydrology of the Sierra Nevadas has found that the practice — along with prescribed fires — could also have potential upsides during drought years, including generating more mountain runoff.
According to the findings published in the journal Water Resources Research, water yields in forests thinned to densities closer to those of a century ago can be increased by 8% to 14% during drought years. That water would be “particularly valuable … to farmers and cities in central California and northern Nevada who rely on Sierra [Nevada] snowpack for much of their water supply,” according to a press release about the research. Significant flooding risks did not appear to increase with the water yields. As earlier researchers have found, however, the results of forest thinning treatments also depend on how, where, and to what extent the treatments are applied. Not all landscapes would necessarily benefit from such regimes. For example, while President Trump blamed the January fires in Los Angeles on poor forest management in California, the blazes were in chaparral, not in forests where thinning could be applied.
Riverside Clean Air Carshare
University of California, Riverside announced Wednesday that it is launching the nation’s only hydrogen-powered carshare program in a partnership with city and state agencies. Participants can rent Toyota Mirai sedans through a smartphone app and pay hourly rates competitive with Uber and Lyft fees.
Republicans Mark Amodei of Nevada and Celeste Maloy of Utah introduced the measure late Tuesday night.
Late last week, the House Committee on Natural Resources released the draft text of its portion of the Republicans’ budget package. While the bill included mandates to open oil and gas leasing in Alaska’s Arctic National Wildlife Refuge, increase logging by 25% over 2024’s harvest, and allow for mining activities upstream of Minnesota’s popular Boundary Waters recreation area, there was also a conspicuous absence in its 96 pages: an explicit plan to sell off public lands.
To many of the environmental groups that have been sounding the alarm about Republicans’ ambitions to privatize federal lands — which make up about 47% of the American West — the particular exclusion seemed almost too good to be true. And as it turned out in the bill’s markup on Tuesday, it was. In a late-night amendment, Republican Representatives Mark Amodei of Nevada and Celeste Maloy of Utah introduced a provision to sell off thousands of acres in their states.
The maneuver, which came at nearly midnight, left many Democrats and environmental groups deeply frustrated by the lack of transparency. “The rushed and last-minute nature of this amendment introduction means little to no information is available,” the Southern Utah Wilderness Alliance said in a statement Wednesday.
While early reports had suggested the proposed sell-off would consist of around 11,000 acres of land in total between the two states, that number was arrived at in part due to the delayed release of maps, as well as an apparent malfunction with Amodei’s mic as he was discussing the parcels in Nevada, a communications adviser working with public land groups to analyze the amendment told me Thursday. It now looks as if the amendment offers up approximately 11,500 acres of land in Utah alone, based on acreage numbers included in the text.
Nevada’s parcels don’t include firm numbers, and public land groups are basing their estimates on eyeballing the maps prepared at the request of Amodei, as well as “other bits of information.” Democratic Senator Catherine Cortez Masto has estimated, for example, that the amendment proposes selling up to 200,000 acres of public land in Nevada’s Clark County, though some groups believe the acreage in the state could be much higher — totaling 500,000 acres across Utah and Nevada, or potentially even more.
House lawmakers appeared still to be at odds during a Wednesday morning press conference to announce the creation of a Bipartisan Public Lands Caucus. Rather than putting on the united front suggested by the working group’s name, former Secretary of the Interior and Montana Republican Ryan Zinke argued seemingly in defense of the amendment, saying, “A lot of communities are drying up because they’re looking to public land next door and they can’t use it.” Michigan Democrat Debbie Dingell then took the mic to say, “I would urge all of us that the hearings — it’s not done in the dead of night, and that we have good, bipartisan discussions with everybody impacted at the table.” (Zinke later said that he told Republican leadership “I strongly don’t believe [land sales] should be in the reconciliation bill,” and that the amendment represents his red line: “It’s a no now. It will be a no later. It will be a no forever.”)
Despite the cloak-and-dagger way Republicans introduced the amendment, there are several clues as to what exactly Amodei and Maloy are up to. Republican Senator Mike Lee of Utah has aggressively pushed for the sell-off of public lands, including introducing the Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act, which would “make small tracts of [Bureau of Land Management] land available to communities to address housing shortages or affordability.” Critics of the bill have called it the “McMansion Subsidy Act” and have argued — as the Center for Western Priorities’ Kate Groetzinger, does — that it would “do little to address housing issues in major metros like Salt Lake City and the fact that the current housing shortage is due largely to a lack of home construction, not land.” The Center for Western Priorities also contends that it “contains very few restrictions on what can be built on federal public lands that are sold off under the program.” Notably, Lee and Maloy have worked closely together in the past on transferring federal land in Utah to private ownership.
The land singled out in the Tuesday amendment includes BLM and Forest Service parcels in six counties in Utah and Nevada that “had already been identified for disposal by the counties,” Outdoor Life notes. While some land would be sold with “the express purpose of alleviating housing affordability,” the publication notes that “other parcels, including those in southern Utah, don’t have a designated purpose.”
One communications director at a regional environmental group pointed out to me that the amendment proposes no parcels on the Wasatch Front in and around Salt Lake City, where around 82% of the state’s population lives and where such a high-density housing case could be made. Instead, many of the parcels are located a four- to five-hour drive away in the more remote Washington County. Conspicuously, a number of the parcels abut roads, potentially teeing up highway expansions. One parcel is even adjacent to Zion National Park — a prime location for an expensive development or resort. As Michael Carroll, the BLM campaign director for the Wilderness Society, warned E&E News, it’s in this way that the bill appears to set “dangerous precedent that is intended to pave the way for a much larger scale transfer of public lands.”
While many Republicans contend that states can better manage public lands in the West than the federal government can (in addition, of course, to helping raise the $15 billion of the desired $2 trillion in deficit reductions across the government to offset Trump’s tax cuts), such a move could also have significant consequences for the environment. Turning over public lands to states — or to private owners — could also ease the way for expansive oil and gas development, especially in Utah, where there are ambitions to quadruple exports of fossil fuels from the state’s northeastern corner.
Reducing BLM land could also limit opportunities for solar, wind, and geothermal development; in Utah, the agency has identified some 5 million acres of public land, in addition to 11.8 million acres in Nevada, for solar development. While there are admittedly questions about how much renewable permitting will make it through the Trump BLM, it’s also true that solar development wouldn’t necessarily be the preference of private landowners if the land were transferred.
Tuesday’s markup ultimately saw the introduction of more than 120 amendments, including a Democratic provision that would have prohibited revenue from this bill from being used to sell off public lands, but was easily struck down by Republicans. In the end, Amodei and Maloy’s amendment was the only one the committee adopted. Shortly afterward, the lawmakers voted 26-17 to advance the legislation.
Editor’s note: This story has been updated to reflect new estimates of the amount of land to be sold off.