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The whales will be fine.

Donald Trump loves eagles and whales and therefore he wants to protect them — from clean energy development.
Trump may, however, be relieved to hear that many of his concerns about wind and solar energy are unfounded. Here’s what he gets right and wrong.
Pointing out the window to the Atlantic Ocean at one point, one attendee said, the former president claimed that offshore wind turbines break down when they are exposed to saltwater … [April 17, 2024]
Fact check: Let’s just get this out of the way: offshore wind turbines are designed to withstand saltwater exposure. People have been building things in saltwater for a long, long time. From the oldest known ships constructed 6,000 years ago out of papyrus reeds to Norway’s Troll A platform — a reinforced concrete offshore natural gas platform and the tallest structure ever moved by humankind — we’ve learned a few things about resisting salt corrosion.
This scene occurred during a fundraising dinner with oil and gas executives at Trump’s Mar-a-Lago resort reported on by The Washington Post, which also pointed out this obvious fact. That said, to the former president’s credit, “the ocean is indeed a difficult environment” for construction and engineering, Eric Hines, a civil and environmental engineering professor and the director of the offshore wind energy graduate program at Tufts University, told me. But the lifespan of offshore structures can range from a few years to more than a century.
According to Hines, most offshore wind farms today are built to have “approximately 25-year service lives,” but the design is always evolving. His department, for example, is working on developing advanced underwater foundations that are built to last more than a century and double as artificial reefs.
“I like the concept of solar, but it’s not powerful like what we need to fire up our factories.” [Dec. 16, 2023]
Fact check: “That question is actually a little bit tricky,” Baker, the assistant professor of engineering at the University of Colorado, told me, when I asked him whether solar alone could power a factory — but it’s also not really what we should be asking. “One thing I’ve noticed people do a lot is they’ll just compare efficiency of power generation,” Baker explained. But “it’s not just about the efficiency — it’s about other things, too, like solar’s ability to be distributed. You can’t put a nuclear fission power plant in your house — you know, not yet — but you can put solar panels, so that’s a huge benefit. It offers some resiliency that other sources just can’t offer.”
It’s true that solar power is less efficient than other sources of energy, including wind, and that it requires a lot of surface area, which could be an undue burden for a manufacturer. But at the same time, “I don’t know if anybody is proposing to power an entire factory based off of solar,” Baker said.“Their windmills are causing whales to die in numbers never seen before. Nobody does anything about that. They’re washing up on shore. I saw it this weekend: Three of them came up! You wouldn’t see it once a year; now they’re coming up on a weekly basis. The windmills are driving them crazy. They’re driving the whales, I think, a little batty.” [Sept. 25, 2023]
Fact check: If you ever want to feel ridiculous, try asking a scientist at the National Oceanic and Atmospheric Administration if windmills are making whales “a little batty.”
NOAA actively studies how “sound, vessel, and other human activities” impact marine life, Lauren Gaches, the director of NOAA Fisheries Public Affairs, told me over email. “At this point, there is no scientific evidence that noise resulting from offshore wind site characterization surveys could potentially cause mortality of whales,” she said.
An ongoing “unusual mortality event” for humpback whales has resulted in 200 whale deaths between 2016 and June 2023 along the Atlantic coast from Maine to Florida — that much is true. But “there are no known links between recent large whale mortalities and ongoing offshore wind surveys,” Gaches told me. NOAA’s fact page on whales and offshore wind explains that of “roughly 90 whales examined, about 40% had evidence of human interaction, either ship strike or entanglement.”
There has been some chatter about underwater surveying work disrupting whales, which may be true in the case of oil and gas surveys, which use seismic air guns to penetrate deep into the ocean floor. The surveying equipment used for offshore wind is, by contrast, used in 15-second bursts and limited to a specific area, “so the likelihood of an animal encountering and coming right into that sound beam is quite low,” Erica Staaterman, the deputy director for the Bureau of Ocean Energy Management’s Center for Marine Acoustics, said on a NOAA-hosted call with the press early last year.
As Ben Laws, the deputy chief of NOAA’s Permits and Conservation Division in the Office of Protected Resources, said on the same call, “There is no information that would support any suggestion that any of the equipment that’s being used in support of wind development for these site characterization surveys could directly lead to the death of a whale.”
“If you go out hunting and you happen to shoot a bald eagle, they put you in jail, like, for five years, right? They kill thousands of them with these windmills; nothing happens.” [Jan. 28, 2023]
“If you want to see a bird cemetery, go under a windmill sometime. You’ll see birds like you never saw. If you love birds, you’ll start to weep.” [Dec. 16, 2023]
Fact check: Trump has had a vendetta against wind turbines since long before he ever ran for president. “Wind farms are killing many thousands of birds,” reads one illustrative tweet from 2012. “They make hunters look like nice people!”
Lewis Grove is the director of wind and energy policy at the American Bird Conservancy, and he told me that while it’s “not necessarily as simple as Mr. Trump painted it out to be, wind turbines absolutely kill birds.”
But the context here is extremely important. Jason Ryan, a spokesperson for the American Clean Power Association, a leading renewable energy trade group, pointed me to research from the U.S. Fish & Wildlife Service that shows wind farms “represent just 0.03% of all human-related bird deaths in the U.S.” Grove likewise told me that, for the most part, bird deaths due to wind turbines do “not have population-level impacts.”
There are exceptions, such as an infamous wind farm in California’s Altamont Pass built in 1981 that “just happened to be in a place that was really heavily used by golden eagles,” Grove told me. Because golden eagle populations were already very low, having 100 or so killed a year by turbines was “unsustainable.” Even in a case like this, though, it behooves one to look at the whole picture: “They found it was a few individual turbines that were causing the damage,” Grove said. These days, around 60 golden eagles a year are killed in Alameda County, the Alameda Post reports, and the operating company must pay steep penalties for eagle deaths.
What’s more, “climate change is one of the greatest threats birds face, with two-thirds of North American species at risk of extinction due to our warming planet,” Jon Belak, senior manager of science and data analysis at The National Audubon Society, told me in a statement. “We need to build more wind and solar facilities to help slow the rise in global temperatures and protect birds and their habitats from a changing climate.”
Wind farms may not have population-level impacts on birds, but fracking does — “the onset of shale oil and gas production reduces subsequent bird population counts by 15%,” even after accounting for factors like weather and other land-use changes, according to one just-published, peer-reviewed study.
“Remember the windmills? ‘Darling, darling, I want to watch the president, I love him so much. I want to watch him on television tonight.’ ‘I’m sorry, but the wind isn’t blowing, you’ll have to wait ‘til another time.’ Windmills.” [March 26, 2022]
Fact check: “I mean, it’s possible with any mix of generation that if supply and demand aren’t equal, your TV will go out. That’s just physics,” Kyri Baker, an assistant professor of engineering at the University of Colorado, told me when I asked her if Trump’s scenario had any merit. In other words, a power outage could happen whether your electricity is coming from coal or natural gas or anything else. The difference, she said, is that “wind is by nature variable, intermittent. But it’s also not reliant on fuel like natural gas or coal plants or even nuclear plants are.”
What happens on days when there is no wind? “Grids are extremely regulated,” Baker explained to me. “There’s so many layers of redundancy that aim specifically to not have [an outage] happen.” A grid is made up of diverse electricity sources (for my visual learners, Canary imagines what a net-zero grid could look like here), as well as measures like offline backup generators, which can kick in if need be, so service isn’t disrupted.
Battery storage is another huge part of this equation. While they’re still fairly cutting-edge as climate technology goes, high-capacity batteries that can manage grid-scale energy needs are getting better and more plentiful.
“Stop with all of the windmills all over the place that are ruining the atmosphere.” [Jan. 20, 2022]
Fact check: Wind turbines do not damage the literal atmosphere.
But maybe Trump meant atmosphere as in “sense of place”? Most Americans don’t seem to think windmills are “ruining” anything. In a recent Heatmap poll, nearly eight in 10 Americans said they want the government to make it easier to build new wind farms. The Washington Post similarly found last year that about 70% of Americans said they wouldn’t mind living near a wind farm.
As my colleague Robinson Meyer has written, “American laws today give even a small, well-resourced minority plenty of tools to block a project” like a wind farm, and “what’s more, once that small group starts campaigning against a project, the public’s broad but shallow support for, say, a general technology can crater. That’s what happened recently in New Jersey, where a once broadly pro-wind public has turned against four proposed offshore wind farms.”
“It’s a very expensive form — probably the most expensive form of energy.” [Jan. 20, 2022]
Fact check: Wind in general is not the most expensive form of energy, but offshore wind is very expensive — for now.
Of the energy sources we’re currently used to, nuclear is usually cited as having the highest levelized cost of electricity — that is, it has the highest average cost per unit of electricity generated after construction, maintenance, and operation have been taken into account. Peaker plants — gas-powered plants that run just during times of peak demand — usually come in second.
Offshore wind is costly, with the levelized cost of electricity from a subsidized U.S. offshore wind project increasing “to $114.20 per megawatt-hour in 2023, up almost 50% from 2021 levels in nominal terms,” BloombergNEF reports. Many of the factors making offshore wind so expensive — including permitting delays, high interest rates, and supply chain issues — will abate with time. Meanwhile, onshore wind is one of the cheapest forms of electricity available and has boasted a “lower LCOE than gas plants since 2015,” Sustainable Energy in America reports.
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Adorable as they are, Japanese kei cars don’t really fit into American driving culture.
It’s easy to feel jaded about America’s car culture when you travel abroad. Visit other countries and you’re likely to see a variety of cool, quirky, and affordable vehicles that aren’t sold in the United States, where bloated and expensive trucks and SUVs dominate.
Even President Trump is not immune from this feeling. He recently visited Japan and, like a study abroad student having a globalist epiphany, seems to have become obsessed with the country’s “kei” cars, the itty-bitty city autos that fill up the congested streets of Tokyo and other urban centers. Upon returning to America, Trump blasted out a social media message that led with, “I have just approved TINY CARS to be built in America,” and continued, “START BUILDING THEM NOW!!!”
He’s right: Kei cars are neat. These pint-sized coupes, hatchbacks, and even micro-vans and trucks are so cute and weird that U.S. car collectors have taken to snatching them up (under the rules that allow 25-year-old cars to be imported to America regardless of whether they meet our standards). And he’s absolutely right that Americans need smaller and more affordable automotive options. Yet it’s far from clear that what works in Japan will work here — or that the auto execs who stood behind Trump last week as he announced a major downgrading of upcoming fuel economy standards are keen to change course and start selling super-cheap economy cars.
Americans want our cars to do everything. This country’s fleet of Honda CR-Vs and Chevy Silverados have plenty of space for school carpools and grocery runs around town, and they’re powerful and safe enough for road-tripping hundreds of miles down the highway. It’s a theme that’s come up repeatedly in our coverage of electric vehicles. EVs are better for cities and suburbs than internal combustion vehicles, full stop. But they may never match the lightning-fast road trip pit stop people have come to expect from their gasoline-powered vehicles, which means they don’t fit cleanly into many Americans’ built-in idea of what a car should be.
This has long been a problem for selling Americans on microcars. We’ve had them before: As recently as a dozen years ago, extra-small autos like the Smart ForTwo and Scion iQ were available here. Those tiny cars made tons of sense in the United States’ truly dense urban areas; I’ve seen them strategically parked in the spaces between homes in San Francisco that are too short for any other car. They made less sense in the more wide-open spaces and sprawling suburbs that make up this country. The majority of Americans who don’t struggle with street parking and saw that they could get much bigger cars for not that much more money weren’t that interested in owning a car that’s only good for local driving.
The same dynamic exists with the idea of bringing kei cars for America. They’re not made to go faster than 40 or 45 miles per hour, and their diminutive size leaves little room for the kind of safety features needed to make them highway-legal here. (Can you imagine driving that tiny car down a freeway filled with 18-wheelers?) Even reaching street legal status is a struggle. While reporting earlier this year on the rise of kei car enthusiasts, The New York Times noted that while some states have moved to legalize mini-cars, it is effectively illegal to register them in New York. (They interviewed someone whose service was to register the cars in Montana for customers who lived elsewhere.)
If the automakers did follow Trump’s directive and stage a tiny car revival, it would be a welcome change for budget-focused Americans. Just a handful of new cars can be had for less than $25,000 in the U.S. today, and drivers are finally beginning to turn against the exorbitant prices of new vehicles and the endless car loans required to finance them. Individuals and communities have turned increasingly to affordable local transportation options like golf carts and e-bikes for simply getting around. Tiny cars could occupy a space between those vehicles and the full-size car market. Kei trucks, which take the pickup back to its utilitarian roots, would be a wonderful option for small businesses that just need bare-bones hauling capacity.
Besides convincing size-obsessed Americans that small is cool, there is a second problem with bringing kei cars to the U.S., which is figuring out how to make little vehicles fit into the American car world. Following Trump’s declaration that America should get Tokyo-style tiny cars ASAP, Transportation Secretary Sean Duffy said “we have cleared the deck” of regulations that would prevent Toyota or anyone else from selling tiny cars here. Yet shortly thereafter, the Department of Transportation clarified that, “As with all vehicles, manufacturers must certify that they meet U.S. Federal Motor Vehicle Safety Standards, including for crashworthiness and passenger protection.”
In other words, Ford and GM can’t just start cranking out microcars that don’t include all the airbags and other protections necessary to meet American crash test and rollover standards (not without a wholesale change to our laws, anyway). As a result, U.S. tiny cars couldn’t be as tiny as Japanese ones. Nor would they be as cheap, which is a crucial issue. Americans might spend $10,000 on a city-only car, but probably wouldn’t spend $20,000 — not when they could just get a plain old Toyota Corolla or a used SUV for that much.
It won’t be easy to convince the car companies to go down this road, either. They moved so aggressively toward crossovers and trucks over the past few decades because Americans would pay a premium for those vehicles, making them far more profitable than economy cars. The margins on each kei car would be much smaller, and since the stateside market for them might be relatively small, this isn’t an alluring business proposition for the automakers. It would be one thing if they could just bring the small cars they’re selling elsewhere and market them in the United States without spending huge sums to redesign them for America. But under current laws, they can’t.
Not to mention the whiplash effect: The Trump administration’s attacks on EVs left the carmakers struggling to rearrange their plans. Ford and Chevy probably aren’t keen to start the years-long process of designing tiny cars to please a president who’ll soon be distracted by something else.
Trump’s Tokyo fantasy is based in a certain reality: Our cars are too big and too expensive. But while kei cars would be fantastic for driving around Boston, D.C., or San Francisco, the rides that America really needs are the reasonably sized vehicles we used to have — the hatchbacks, small trucks, and other vehicles that used to be common on our roads before the Ford F-150 and Toyota RAV4 ate the American car market. A kei truck might be too minimalist for mainstream U.S. drivers, but how about a hybrid revival of the El Camino, or a truck like the upcoming Slate EV whose dimensions reflect what a compact truck used to be? Now that I could see.
Current conditions: In the Pacific Northwest, parts of the Olympics and Cascades are set for two feet of rain over the next two weeks • Australian firefighters are battling blazes in Victoria, New South Wales, and Tasmania • Temperatures plunged below freezing in New York City.
The U.S. military is taking on a new role in the Trump administration’s investment strategy, with the Pentagon setting off a wave of quasi-nationalization deals that have seen the Department of Defense taking equity stakes in critical mineral projects. Now the military’s in-house lender, the Office of Strategic Capital, is making nuclear power a “strategic technology.” That’s according to the latest draft, published Sunday, of the National Defense Authorization Act making its way through Congress. The bill also gives the lender new authorities to charge and collect fees, hire specialized help, and insulate its loan agreements from legal challenges. The newly beefed up office could give the Trump administration a new tool for adding to its growing list of investments, as I previously wrote here.

The “Make America Healthy Again” wing of President Donald Trump’s political coalition is urging the White House to fire Environmental Protection Agency Administrator Lee Zeldin over his decisions to deregulate harmful chemicals. In a petition circulated online, several prominent activists aligned with the administration’s health secretary, Robert F. Kennedy, Jr., accused Zeldin of having “prioritized the interests of chemical corporations over the well-being of American families and children.” As of early Friday afternoon, The New York Times reported, more than 2,800 people had signed the petition. By Sunday afternoon, the figure was nearly 6,000. The organizers behind the petition include Vani Hari, a MAHA influencer known as the Food Babe to her 2.3 million Instagram followers, and Alex Clark, a Turning Point USA activist who hosts what the Times called “a health and wellness podcast popular among conservatives.”
The intraparty conflict comes as one of Zeldin’s more controversial rollbacks of a Biden-era pollution rule, a regulation that curbs public exposure to soot, is facing significant legal challenges. A lawyer told E&E News the EPA’s case is a “Hail Mary pass.”
The Democratic Republic of the Congo, by far the world’s largest source of cobalt, has slapped new export restrictions on the bluish metal needed for batteries and other modern electronics. As much as 80% of the global supply of cobalt comes from the DRC, where mines are notorious for poor working conditions, including slavery and child labor. Under new rules for cobalt exporters spelled out in a government document Reuters obtained, miners would need to pre-pay a 10% royalty within 48 hours of receiving an invoice and secure a compliance certificate. The rules come a month after Kinshasa ended a months-long export ban by implementing a quota system aimed at boosting state revenues and tightening oversight over the nation’s fast-growing mining industry. The establishment of the rules could signal increased exports again, but also suggests that business conditions are changing in the country in ways that could further complicate mining.
With Chinese companies controlling the vast majority of the DRC’s cobalt mines, the U.S. is looking to onshore more of the supply chain for the critical mineral. Among the federal investments is one I profiled for Heatmap: an Ohio startup promising to refine cobalt and other metals with a novel processing method. That company, Xerion, received funding from the Defense Logistics Agency, yet another funding office housed under the U.S. military.
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Last month, I told you about China’s outreach to the rest of the world, including Western European countries, to work together on nuclear fusion. The U.S. cut off cooperation with China on traditional atomic energy back in 2017. But France is taking a different approach. During a state visit to Beijing last week, French President Emmanuel Macron “failed to win concessions” from Chinese leader Xi Jinping, France24 noted. But Paris and Beijing agreed to a new “pragmatic cooperation” deal on nuclear power. France’s state-owned utility giant EDF already built a pair of its leading reactors in China.
The U.S. has steadily pushed the French out of deals within the democratic world. Washington famously muscled in on a submarine deal, persuading Australia to drop its deal with France and go instead with American nuclear vessels. Around the same time, Poland — by far the biggest country in Europe to attempt to build its first nuclear power plant — gave the American nuclear company Westinghouse the contract in a loss for France’s EDF. Working with China, which is building more reactors at a faster rate than any other country, could give France a leg up over the U.S. in the race to design and deploy new reactors.
It’s not just the U.S. backpedaling on climate pledges and extending operations of coal plants set to shut down. In smog-choked Indonesia, which ranks seventh in the world for emissions, a coal-fired plant that Bloomberg described as a “flagship” for the country’s phaseout of coal has, rather than shut down early, applied to stay open longer.
Nor is the problem reserved to countries with right-wing governance. The new energy plan Canadian Prime Minister Mark Carney, a liberal, is pursuing in a bid to leverage the country’s fossil fuel riches over an increasingly pushy Trump means there’s “no way” Ottawa can meet its climate goals. As I wrote last week, the Carney government is considering a new pipeline from Alberta to the West Coast to increase oil and gas sales to Asia.
There’s a new sheriff in town in the state at the center of the data center boom. Virginia’s lieutenant governor-elect Ghazala Hasmi said Thursday that the incoming administration would work to shift policy toward having data centers “pay their fair share” by supplying their own energy and paying to put more clean power on the grid, Utility Dive reported. “We have the tools today. We’ve got the skilled and talented workforce. We have a policy roadmap as well, and what we need now is the political will,” Hashmi said. “There is new energy in this legislature, and with it a real opportunity to build new energy right here in the Commonwealth.”
Get up to speed on the SPEED Act.
After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.