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Vineyard Wind has given offshore opponents some powerful new ammunition.

Vineyard Wind’s turbine blade failure couldn’t have come at a worse time for offshore wind.
The industry is still dealing with the high inflation and supply chain issues that turned 2023 into a parade of horribles. Now opponents to American offshore wind — most prominently former president Donald Trump — are one election away from storming the gates of the federal bureaucracy. We don’t know yet whether the Vineyard Wind blade breakage was a fluke or the result of a problem with the blades themselves, but that hasn’t stopped critics of offshore wind from shouting about it — and with fiberglass still washing up on Nantucket beaches, they’re tough to ignore.
Major errors like blade failures are incredibly rare, but — like the risk of whale injuries — are precisely the sort of negative externality activists have had a tendency of magnifying when fighting offshore wind. Should Trump win in November and retake the White House, he could indefinitely stall projects in the nascent sector across both coasts, as operations often fall under the scope of federal control.
“If Donald Trump is elected, he has said on Day 1 he would terminate offshore approvals. He has said he will do that, and frankly he generally keeps his word,” Bruce Afrin, an attorney representing activists challenging projects off the New Jersey coastline, told me. And while he sees Vineyard Wind becoming a focal point of that effort, he also told me, “I’m sure they’re going to take a broader approach.”
Nearly all offshore wind projects have to face at least some form of federal review. Projects at commercial scale will usually be in federal waters — more than 3 miles from a state’s coastline — because the best wind is further from shore; in addition, permits may be required on endangered species and water regulations to build turbines or construct cabling.
Very few existing offshore wind projects have been fully permitted and reached the construction phase. There’s Revolution, Sunrise, Coastal Virginia, and, of course, Vineyard Wind, which is now in a work stoppage following the blade failure. Many other projects are still in the permitting process, per K&L Gates attorney Theodore Paradise, who advises project developers in the sector. Paradise told me data on how many projects are in the federal regulatory pipeline is scattered across various federal sources, making it “kind of an IKEA situation.”
Given how few projects have received all of their permits to date, this is a worrisome hypothetical to climate advocates and professionals working in offshore wind.
“Any project going through any of those gauntlets may be dead on arrival,” attorney Jeff Thaler, who consults on offshore and onshore wind projects, told me. “That’s the uncertainty and concern, and investors do not like uncertainty like that.”
Both Thaler and Paradise said regulators already take the risk of blade failures and a multitude of other potential project risks seriously. (This is why, for example, there are boat speed restrictions near offshore wind projects.) Not to mention that wind turbines are not a new technology and have been operating in much larger numbers offshore in Europe and China without much incident.
Those few projects in construction still face legal challenges. Coastal Virginia, for example, was allowed to continue construction despite a lawsuit from conservative legal groups over the risks posed to endangered whales. If re-elected, Trump and his Justice Department would have the opportunity to stop defending the government’s approvals of the project and side with the legal challengers.
Whether it would be possible for Trump to undo previously issued approvals is a thornier question. Afrin argued that a Trump administration both could and would re-examine previous approvals related to offshore wind projects, under the justification that the government erroneously issued them or failed to properly conduct a specific analysis. Existing environmental laws like the National Environmental Policy Act, Afrin said, give “enormous tools” to “those who organize and have standing” in litigation.
Paradise made an audible sigh when I asked whether a future Trump administration could feasibly go that far.
“Some folks you’ll talk to might say, oh [they have] approved it, we’re all set,” he said. “If the administration were to change, you can imagine a scenario where somebody sues on an issued permit and the Justice Department decides not to defend the agency action, or maybe they want to settle with the folks bringing the suit.”
Some permits may be impossible to undo because project developers have a vested right in a regulatory approval depending on how far along they are, Thaler said. But if construction has yet to begin and more permits are needed, a Trump administration could potentially have an opening.
The risk lies in what happens to public perception and political maneuvering. Thaler compared what’s happening with Vineyard Wind to the PR backlash against Boeing after a door came out of a plane in the middle of a flight. “Any time this gets attention it will have an impact. People will be raising more concerns. Those who have been opposing will be emboldened, or energized, no pun intended.” That said, after the door debacle, “People kept flying,” Thaler said. “There was a suspension of that particular jet type for a while, but then people resumed flying around the world.”
Scrutinizing offshore wind tech is already on the table to some in the Trumpworld braintrust. Oliver McPherson-Smith, head of energy and environment issues for the America First Policy Institute, told Axios last year that he wants regulators in a future administration to look “very, very closely at the environmental effects of all new technologies, including offshore wind.” Advocates fighting offshore wind certainly feel emboldened by the Vineyard Wind blade failure and are looking to magnify the importance of its environmental impacts. Mandy Gunasekara — the author of Project 2025’s section on dismantling the Environmental Protection Agency — on Monday retweeted claims that the failure was a “disaster” that environmentalists were “downplaying.”
Later this week, representatives from Vineyard Wind will appear in court to defend against a lawsuit from the conservative Texas Public Policy Foundation, seeking to stop the project on behalf of people in the commercial fishing industry. The group cited the blade failure in a press release about the case: “The federal government is required to ensure safety and environmental protection by law when approving projects like this — and they knew this project had environmental risks like the one that came to pass here — but they let it happen anyway.”
Some offshore wind industry backers are optimistic about the ability for the industry to weather the storm of a future Trump administration, however. Sam Salustro, vice president of strategic communication for Oceantic, formerly known as the Business Network for Offshore Wind, told me that he thinks it’s not a done deal Trump puts the breaks on offshore wind permits given the “enormous amount of investment and job creation that is happening from this dependable pipeline of projects coming through.”
He also pointed to examples of Republican support from folks like Virginia Gov. Glenn Youngkin and House Majority Leader Steve Scalise, who recently attended the christening of a new port in his state of Louisiana that will serve the offshore wind industry. “This is an industry that has robust bipartisan support from the people who know it best,” he said.
When asked specifically about how the Vineyard Wind blade failure would impact the future of U.S. industry growth, Salustro told me he didn’t immediately know how to respond. Ultimately, he settled on a brighter outlook. “We still have three other projects that are continuing development. This is a safety issue that is going to be addressed. From global data, we understand how rare it is, so I don’t see it as a huge hiccup to the industry like inflation was. Probably limited impact.”
Dave Rogers of Sierra Club, meanwhile, acknowledged that while the Vineyard Wind situation is “not great,” there is “a long track record we can point to” on project efficacy and environmental safety. While its critical regulators and companies figure out what went awry here, “it’s critical that it doesn’t actually slow down the deployment of offshore wind.”
“It’s not necessarily our job to get out ahead of [this],” Rogers said, “but we do think it’s important this is contextualized on a global scale so that people understand how rare something like this is and that offshore wind is going to be a key part of a decarbonization strategy in the U.S.”
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The FREEDOM Act aims to protect energy developments from changing political winds.
A specter is haunting permitting reform talks — the specter of regulatory uncertainty. That seemingly anodyne two-word term has become Beltway shorthand for President Donald Trump’s unrelenting campaign to rescind federal permits for offshore wind projects. The repeated failure of the administration’s anti-wind policies to hold up in court aside, the precedent the president is setting has spooked oil and gas executives, who warn that a future Democratic government could try to yank back fossil fuel projects’ permits.
A new bipartisan bill set to be introduced in the House Tuesday morning seeks to curb the executive branch’s power to claw back previously-granted permits, protecting energy projects of all kinds from whiplash every time the political winds change.
Dubbed the FREEDOM Act, the legislation — a copy of which Heatmap obtained exclusively — is the latest attempt by Congress to speed up construction of major energy and mining projects as the United States’ electricity demand rapidly eclipses new supply and Chinese export controls send the price of key critical minerals skyrocketing.
Two California Democrats, Representatives Josh Harder and Adam Gray, joined three Republicans, Representatives Mike Lawler of New York, Don Bacon of Nebraska, and Chuck Edwards of North Carolina, to sponsor the bill.
While green groups have criticized past proposals to reform federal permitting as a way to further entrench fossil fuels by allowing oil and gas to qualify for the new shortcuts, Harder pitched the bill as relief to ratepayers who “are facing soaring energy prices because we’ve made it too hard to build new energy projects.”
“The FREEDOM Act delivers the smart, pro-growth certainty that critical energy projects desperately need by cutting delays, fast-tracking approvals, and holding federal agencies accountable,” he told me in a statement. “This is a common sense solution that will mean more energy projects being brought online in the short term and lower energy costs for our families for the long run.”
The most significant clause in the 77-page proposal lands on page 59. The legislation prohibits federal agencies and officials from issuing “any order or directive terminating the construction or operation of a fully permitted project, revoke any permit or authorization for a fully permitted project, or take any other action to halt, suspend, delay, or terminate an authorized activity carried out to support a fully permitted project.”
There are, of course, exceptions. Permits could still be pulled if a project poses “a clear, immediate, and substantiated harm for which the federal order, directive, or action is required to prevent, mitigate, or repair.” But there must be “no other viable alternative.”
Such a law on the books would not have prevented the Trump administration from de-designating millions of acres of federal waters to offshore wind development, to pick just one example. But the legislation would explicitly bar Trump’s various attempts to halt individual projects with stop work orders. Even the sweeping order the Department of the Interior issued in December that tried to stop work on all offshore wind turbines currently under construction on the grounds of national security would have needed to prove that the administration exhausted all other avenues first before taking such a step.
Had the administration attempted something similar anyway, the legislation has a mechanism to compensate companies for the costs racked up by delays. The so-called De-Risking Compensation Fund, which the bill would establish at the Treasury Department, would kick in if the government revoked a permit, canceled a project, failed to meet deadlines set out in the law for timely responses to applications, or ran out the clock on a project such that it’s rendered commercially unviable.
The maximum payout is equal to the company’s capital contribution, with a $5 million minimum threshold, according to a fact-sheet summarizing the bill for other lawmakers who might consider joining as co-sponsors. “Claims cannot be denied based on project permits or energy technology type,” the document reads. A company that would have benefited from a payout, for example, would be TC Energy, the developer behind the Keystone XL oil pipeline the Biden administration canceled shortly after taking office.
Like other permitting reform legislation, the FREEDOM Act sets new rules to keep applications moving through the federal bureaucracy. Specifically, it gives courts the right to decide whether agencies that miss deadlines should have to pay for companies to hire qualified contractors to complete review work.
The FREEDOM Act also learned an important lesson from the SPEED Act, another bipartisan bill to overhaul federal permitting that passed the House in December but has since become mired in the Senate. The SPEED Act lost Democratic support — ultimately passing the House with just 11 Democratic votes — after far-right Republicans and opponents of offshore wind leveraged a special carveout to continue allowing the administration to commence its attacks on seaborne turbine projects.
The amendment was a poison pill. In the Senate, a trio of key Democrats pushing for permitting reform, Senate Energy and Natural Resources ranking member Martin Heinrich, Environment and Public Works ranking member Sheldon Whitehouse, and Hawaii senator Brian Schatz, previously told Heatmap’s Jael Holzman that their support hinged on curbing Trump’s offshore wind blitz.
Those Senate Democrats “have made it clear that they expect protections against permitting abuses as part of this deal — the FREEDOM Act looks to provide that protection,” Thomas Hochman, the director of energy and infrastructure policy at the Foundation for American Innovation, told me. A go-to policy expert on clearing permitting blockages for energy projects, Hochman and his center-right think tank have been in talks with the lawmakers who drafted the bill.
A handful of clean-energy trade groups I contacted did not get back to me before publication time. But American Clean Power, one of the industry’s dominant associations, withdrew its support for the SPEED Act after Republicans won their carveout. The FREEDOM Act would solve for that objection.
The proponents of the FREEDOM Act aim for the bill to restart the debate and potentially merge with parts of the previous legislation.
“The FREEDOM Act has all the critical elements you’d hope to see in a permitting certainty bill,” Hochman said. “It’s tech-neutral, it covers both fully permitted projects and projects still in the pipeline, and it provides for monetary compensation to help cover losses for developers who have been subject to permitting abuses.”
Maybe utilities’ “natural monopoly” isn’t so natural after all.
Debates over electricity policy usually have a common starting point: the “natural monopoly” of the transmission system, wherein the poles and wires that connect power plants to homes and businesses have exclusive franchises in a certain territory and charge regulated rates to access them.
The thinking is that without a monopoly franchise, no one would make the necessary capital expenditures to build and maintain the power lines and grid infrastructure necessary to connect the whole system, especially if they thought someone would build a new transmission line nearby. So while a government body oversees investment and prices, the utility itself is not subject to market-based competition.
But what if someone really did want to build their own wires?
“There are at least two of us who do not think that electricity is a natural monopoly,” Glen Lyons, the founder of Advocates for Consumer Regulated Electricity, told me.
The other one is Travis Fisher, an energy scholar at the Cato Institute, who corrected his friend and colleague.
“Between me, and Joseph Schumpeter, and Wayne Cruz, and Glen Lyons, there’s at least four of us. Only three of us are alive,” Fisher said, referencing the Austrian economist Schumpeter, who died in 1950, and the libertarian scholar Cruz, who was a critic of the restructuring of the electricity market in the 1990s.
Fisher and Lyons, however, are the team behind a proposal put out on Tuesday by the libertarian Cato Institute calling for “consumer-regulated electricity.” Instead of a transmission system with a monopoly franchise that independent generators can connect to and sell power to utilities in a process regulated by a combination of a public utility commission and regional transmission organization or independent system operators, CRE systems would be physically islanded electricity systems that customers would privately and voluntarily sign up for.
Crucially, CRE would not be regulated under existing federal law, and would have no connection to the existing grid, allowing for novel price structures and even physical set-ups, like running on different frequencies or even direct current, Fisher said.
They would also, Fisher and Lyons argue, help solve the dilemma haunting electricity policymakers: how to bring new load on the grid quickly without saddling existing ratepayers with the cost of paying for utility upgrades.
“If enabled, CRE utilities would generate, transmit, and sell electricity directly to customers under voluntary contracts, without interconnecting to the existing regulated grid or seeking permission from economic regulators at the state or federal level,” the Cato proposal reads.
This idea has a natural audience among political conservatives, as it’s essentially a bet that more entrepreneurship and less regulation will solve some of our biggest energy system problems. On the other hand, utilities tend to be a powerful force in conservative politics at both the state and federal levels, which is one reason why these kinds of ideas are still marginal.
But less marginal than they have been.
Consumer-regulated electricity is more than just another think tank white paper. It has also won the approval of the influential American Legislative Exchange Council, better known as ALEC, a conservative group that writes model legislation for state legislatures to adopt. Fisher proposed version of the consumer-regulated utilities plan to the network in December of last year, and ALEC approved it in January.
A few days after the group finalized the model policy to allow CRE at the state level, Arkansas Senator Tom Cotton proposed his own version in the form of the DATA Act, which would “amend the Federal Power Act to exempt consumer-regulated electric utilities from Federal regulation.”
While the CRE proposal is a big conceptual departure from about a century of electricity regulation, the actual reform is modest. Fisher and Lyons propose a structure would apply solely to “sophisticated customers … who voluntarily contract for service and can manage their own risks,” i.e. big industrial users like data centers, not your home.
While this sounds like behind the meter generation, whereby large electricity users such as, say, xAI in Memphis, simply set up their own electricity plants, CRE goes further. The idea is to capture the self-regulation benefits of building your own power within a structure that still allows for the economies of scale of a grid. Or in the words of Cato’s proposal, CRE “would enable third-party utilities to serve many customers, resulting in lower costs, higher reliability, and a smaller environmental footprint compared to self-supply options.”
Fisher and Lyons argue that CRE would also have an advantage over so-called co-location, where data centers are built adjacent to generation and share interconnection with the grid, which still requires interacting with public utility commissions and utilities. The pair have also suggested that the Department of Energy and the Federal Energy Regulatory Commission use its existing rulemaking process on data center interconnection to encourage states to pass the necessary laws to allow islanded utility systems.
While allowing totally private utility systems may be a radical — and certainly a libertarian — departure from the utility regulation system as it exists today, proposals are popping up on both the left and the right to try to reduce utility influence over the electricity system.
Tom Steyer, the hedge fund billionaire and climate investor who is running for governor of California, has said that he would “break up the utility monopolies to lower electric bills by 25%.” In a January press conference, Steyer clarified that he “wants to force utility companies to choose cheaper ways of wildfire-proofing their infrastructure and give customers other options for buying power, including making it easier to build neighborhood-level solar projects or allowing more communities to operate their own local grids,” according to CalMatters. California already has some degree of retail choice, although a more expansive version of a retail competition model infamously collapsed during the 2001 rolling blackouts.
To Fisher, while his and Lyons’ proposal is in some ways radical, it is also not a particularly big risk. If there’s truly no demand for private electricity networks, none will be built and nothing will change, even if there’s regulatory reform to allow for it.“I’m not surprised to see it get traction,” Fisher said of the plan, “just because there’s no downside, and the upside could be absolutely nothing — or it could be a breakthrough.”
On offshore wind wins, China’s ‘strong energy nation,’ and Japan’s deep-sea mining
Current conditions: Yet another snow storm is set to powder parts of the Ohio Valley and the Mid-Atlantic • Cyclone Fytia is deluging Madagascar, causing flooding that left at least three dead and 30,000 displaced in a country still reeling from the recent overthrow of its government • Scotland and England are bracing for a gusty 33-hour blizzard, during which temperatures are forecast to drop below freezing.
He’s fashioned the military’s Defense Logistics Agency into a tool to fund mineral refineries. He’s gone on a shopping spree that made Biden administration officials “jealous,” taking strategic equity stakes in more than half a dozen mining companies. Now President Donald Trump is preparing to launch a strategic stockpile for critical minerals in what Bloomberg billed as “a bid to insulate manufacturers from supply shocks as the U.S. works to slash its reliance on Chinese rare earths and other metals.” Dubbed Project Vault, the venture will be seeded with a $10 billion loan from the Export-Import Bank of the U.S. and another $1.67 billion in private capital. More than a dozen companies have committed to work on the stockpile, including General Motors, Stellantis, Boeing, Google, and GE Vernova.
The shale industry, meanwhile, showed it’s matured enough to go through some consolidation. Oklahoma City-based gas giant Devon Energy is merging with Houston-headquartered Coterra Energy in an all-stock deal that CNBC said would create “a large-cap producer with a top position in the Permian Basin. The deal would establish a combined company with an enterprise value of $58 billion, marking the largest merger in the sector since Diamondback bought Endeavor Energy Resources for $26 billion in 2024. The deal comes as low prices from the global oil glut squeeze U.S. shale drillers — and as the possibility of more oil from Venezuela threatens the sector with fresh competition.
Offshore wind is now five-for-five in its legal brawls with Trump. With Orsted’s latest victory in the Sunrise Wind case on Monday, I’ll let Heatmap’s Jael Holzman serve as the ring announcer spelling out the stakes of the legal victory: “If the government were to somehow prevail in one or more of these cases, it would potentially allow agencies to shut down any construction project underway using even the vaguest of national security claims. But as I have previously explained, that behavior is often a textbook violation of federal administrative procedure law.”
Germany is set to quadruple its installed solar capacity to 425 gigawatts by 2045, according to a forecast from a trade group representing utilities and grid operators. The projections, Renewables Now reported, mean the country needs to expand its transmission system. Installed onshore wind capacity should triple to around 175 gigawatts by that same year. Battery storage is on track to rise about 68 gigawatts, from roughly 2 gigawatts today. Demand is also set to grow. Data centers, which make up just 2 gigawatts of demand on the grid today, are forecast to balloon to nearly 37 gigawatts in the next 19 years.
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In October, the Chinese Communist Party published the framework of its next Five-Year Plan, the 15th such industrial strategy. The National People’s Congress is set to formally approve the proposal next month. But on Monday, the energy analyst John Kemp called the latest five-word phrase, articulated in the form of “formal input” from the party’s Central Committee, “the most succinct statement of China’s energy policy.” Those words: “Building a strong energy nation.” The suggested edits from the committee described “accelerating the construction of a strong energy nation” as “extremely important and timely” and called its “main shortcomings” the ongoing reliance on imported oil and gas.
Unlike in the U.S., where the Trump administration is working to halt construction of renewables, the officials in Beijing boast that China’s “installed capacity of wind and solar has ranked first in the world for many consecutive years.” Like the U.S., the Central Committee pitched the plan as “an urgent requirement” for “gaining the initiative in great power competition.”
Japan is mounting a new push to implement a decade-old plan to extract rare earths from the ocean floor. A state-owned research vessel just completed a test mission to retrieve an initial sample of mineral-rich mud from a location 20,000 feet below the surface, the South China Morning Post reported. The government of Sanae Takaichi wants to start processing metal-bearing mud from the seabed for tests within a year. “It’s about economic security,” Shoichi Ishii, program director for Japan’s National Platform for Innovative Ocean Developments, told Bloomberg. “The country needs to secure a supply chain of rare earths. However expensive they may be, the industry needs them.”
With global negotiations over a licensing framework for legalizing deep sea mining in international waters has stalled, the U.S. just finalized a rule to speed up American permitting for the nascent sector, clearing the way for Washington to fulfill Trump’s pledge to go it alone if the United Nations’ International Seabed Authority didn’t act first.
A week after signing an historic trade agreement with the European Union, India has inked another deal with the U.S. That means the world’s two largest consumer markets are now wide open to Indian industry, which relies heavily on coal. New Delhi isn’t just going to scrap all those coal-fired factories and forges. But the government’s latest budget earmarks about $2.4 billion over five years to speed up deployment of carbon capture equipment across heavy industry, Carbon Herald reported. The plan focuses on steel, cement, power, refining, and chemicals.