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Trump’s pick for Energy Secretary had an easy go of it.

With Donald Trump due to take office in less than a week and a Republican Congress already sworn in, much of the Biden administration’s effort to advance clean and especially renewable energy is now in doubt. The fate of the Inflation Reduction Act is likely to be a major flashpoint — and yet the confirmation hearing for Chris Wright, a literal fracking executive, for Secretary of Energy proved to be relatively low-key and collegial among senators from both parties.
Here are three takeaways from the day’s proceedings:
Wright is not one of Trump’s more controversial nominees, so it’s no surprise that his hearing went smoothly — and that Wright was introduced by his fellow Coloradan, Democratic Senator John Hickenlooper, was an early strong signal that will likely pass through confirmation with ease. To the extent there were any fireworks, they came not from the legislators on the dais but rather from several quickly muffled protests in the hearing room. One protester shouted, “I'm 18 years old and I want a future!" before being removed, while another one yelled, “Will your fracking liquid put out fires in L.A.?”
The questioning before the Senate Committee on Energy and Natural Resources was a mix of parochial concerns from senators about their own states — the committee’s ranking Democrat, Martin Heinrich, for instance, asked if Wright would visit Sandia and Los Alamos National Laboratories, located in his home state of New Mexico, while Pennsylvania Senator David McCormick, a Republican, asked about the prospects of a liquefied natural gas export terminal in Pennsylvania.
That’s not to say climate change didn’t come up. Wright repeatedly avowed that climate change is happening and is caused by the combustion of hydrocarbons, although he demurred that it was a “global” problem and turned his responses repeatedly to developing energy resources in the United States.
“If you shut down industry, those emissions don’t go away, they go somewhere else,” Wright claimed. “The only pathway to reduce greenhouse gas emissions and improve quality of life is energy innovation.”
Wright generally stayed away from specifics on spending levels or individual programs, aside from expressing generalized enthusiasm for the Department of Energy’s network of national laboratories and the importance of its work maintaining the nuclear stockpile. In his opening statement, he identified one of his goals as to “unleash American energy at home and abroad to restore energy dominance.”
Over the course of the hearing, what he meant became at least marginally clearer. Under questioning from McCormick about the Department’s Office of Fossil Energy — renamed the Office of Fossil Energy and Carbon Management under outgoing President Joe Biden and Energy Secretary Jennifer Granholm — Wright lamented that fossil fuel had “fallen out of fashion and out of favor. There’s less interest in investing in it and less interest in talking about it,” he said, before declaring, “I don’t share that aversion.”
He did, however, expressed enthusiasm for certain clean energy technologies, including next-generation geothermal (“It’s an enormous, abundant energy resource below our feet”) and nuclear power. He also went along with Democratic senators who asked about reforms to existing federal permitting regulations to facilitate the buildout of long-distance energy transmission, a focus of the last Congress’s failed permitting reform bill and a key precursor to cleaning up the grid. (Nuclear and geothermal are also two areas where Wright’s company, Liberty Energy, has investments.)
To the extent Wright was willing to talk about solar — there was barely any mention of wind in the entire hearing — he had to be prodded by Democrats in sun-rich states, such as Heinrich and Nevada’s Catherine Cortez Masto. Wright also called into question some estimates of how cheap renewables are, arguing that a popular measure for comparing energy resources with each other, the levelized cost of energy, “misses the boat on electricity generation because it’s like, would you take Uber that was 10% cheaper in cost if you didn’t know when the Uber would pick you up or where it would drop you off?” essentially arguing that the low price of energy generated by renewables doesn’t take into account their unavailability during certain times of day or in certain weather conditions.
Wright’s relatively easy reception reflects the fact that there actually are wide areas of bipartisan agreement on the kind of energy research and technology development work the Department of Energy does. Members on both sides of the aisle saw their enthusiasm for nuclear power — especially small modular reactors — reflected back by Wright, with Arizona Democrat Ruben Gallego saying “I appreciate your enthusiasm for nuclear energy.”
The Energy and Natural Resources Committee is also stocked with Senators who represent states where the DOE has a substantial presence, including New Mexico, California, Utah, Idaho, Colorado, and Washington, which can lead to more collegial hearings if the nominee, as Wright does, affirms the importance and value of the Department’s national laboratories. Agencies that spend money broadly across the country tend to be popular with lawmakers.
But Wright is just the first nominee for a major energy and environment related post to face the Senate. Other nominees, including Doug Burgum for Secretary of the Interior and Lee Zeldin for Environmental Protection Agency administrator, may endure more contentious hearings, as they will likely face questions on issues that are sharply divisive, like opening up public lands for fossil fuel extraction and rules on power plant and tailpipe emissions.
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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.