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Environmentalists, however, still aren’t sold on the ADVANCE Act.

While climate change policy is typically heavily polarized along party lines, nuclear energy policy is not. The ADVANCE Act, which would reform the nuclear regulatory policy to encourage the development of advanced nuclear reactors, passed the Senate today, by a vote of 88-2, preparing it for an almost certain presidential signature.
The bill has been floating around Congress for about a year and is the product of bipartisanship within the relevant committees, a notable departure from increasingly top-down legislating in Washington. The House of Representatives has its own nuclear regulatory bill, the Atomic Energy Advancement Act, which the House overwhelmingly voted for in February.
The resulting bill — a.k.a. the one that just passed — is a compromise between the House bill and the ADVANCE Act originally introduced in 2023, has been stapled to the “Fire Grants and Safety Act,” a bipartisan bill that reauthorizes a gaggle of federal firefighting programs that has already passed the House.
The nuclear piece of it is designed to align the Nuclear Regulatory Commission around so-called “advanced” nuclear reactors, a catch-all term that covers a number of designs and concepts that are typically smaller than the existing light water reactor fleet and would, ideally, be largely factory-built to reduce costs. So far, the NRC has only approved one advanced reactor design, put forward by the nuclear startup NuScale, but plans to actually build it fell through due to escalating costs. Another advanced nuclear project, Bill-Gates-backed TerraPower, has started construction ahead of receiving approval from the NRC.
The ADVANCE Act would eliminate some fees for applicants going through the NRC approval process; instruct the NRC to develop specific rules for “microreactors,” which might only have 20 or so megawatts of capacity and could be used for single sites or rural areas; establish prizes for advanced reactors; and “streamline” the NRC process for advanced nuclear reactors. That last bit would involve beefing up the Commission with additional staffing, change its mission statement to be more supportive of nuclear energy’s benefits (as opposed to merely its risks), and come up with a way to make it easier to develop nuclear reactors on brownfield sites such as decommissioned coal plants.
The Nuclear Energy Institute said in a statement in April that the bill would “improve our ability to get more nuclear reactors approved and on the grid more quickly.” That is exactly what some environmental groups are unhappy about, however. “Senate Majority Leader Chuck Schumer’s apparent embrace of new nuclear energy development represents a stark betrayal of the clean, safe renewable energy options like wind and solar that he claims to champion,” Wenonah Hauter, executive director of Food & Water Watch, said in a statement last week.
The ADVANCE Act is just one of a flurry of legislative and executive actions to support the nuclear energy industry. Nuclear power qualifies for a number of Inflation Reduction Act tax credits and the beefed up Loan Programs Office has committed up to $1.5 billion for the re-opening of the Palisades Nuclear Plant in Michigan.
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The Secretary of the Interior said he “absolutely” planned to appeal a ruling that lifted blocks on wind and solar approvals.
The Trump administration is not backing down from its discriminatory policies for approving wind and solar projects. Interior Secretary Doug Burgum testified to Congress on Wednesday that his agency would appeal a recent district court ruling blocking it from enforcing these policies.
“We reject the whole premise,” Burgum said during a House Natural Resources Committee hearing.
Since Trump took office, the Interior Department has issued a series of memos and secretarial orders that systematically disadvantage wind and solar projects. Last July, it issued a memo requiring that nearly all approvals in the wind and solar permitting process be subject to additional reviews by the secretary’s office. A subsequent order required the agency to prioritize permitting projects with greater energy density, meaning ones that produce more power per acre of land, and deemed wind and solar “highly inefficient” compared with coal, nuclear, and natural gas projects.
The policies amounted to an effective freeze on wind and solar development on public lands, while also stalling projects on private lands that require federal consultations, affecting hundreds of clean energy projects. By the end of last year, Democrats saw no point in negotiating on permitting reform if the executive branch could simply make up its own permitting rules. They insisted on limits to executive power before they’d agree to a deal.
Around the same time, a coalition of clean energy groups, including the Clean Grid Alliance, Alliance for Clean Energy New York, and the Southern Renewable Energy Association, challenged the agency’s actions in the U.S. District court for the District of Massachusetts. The Interior’s permitting policies “place wind and solar technologies into second-class status without providing any rational justification for such disparate treatment or drastic policy shifts — unlawfully picking winners and losers among energy sources, contrary to Congress’ intent,” the lawsuit claimed. The groups argued the policies were arbitrary and capricious, in violation of the Administrative Procedures Act. In April, Judge Denise Casper sided with the plaintiffs, putting a temporary injunction on the agency’s wind and solar-hobbling memos.
During Wednesday’s hearing, Representative Susie Lee of Nevada told Burgum that his policies have “created a total permitting mess” in her sunny home state, and asked him what the immediate impact of the court’s order was within his agency. When Burgum responded by denigrating the judge’s decision, Lee asked if he was planning to appeal the order.
“Yeah, absolutely,” he said, asserting that “the idea that a single judge could decide” how the agency conducts permitting “is absurd.”
At the end of her questioning, Lee reaffirmed that the July 15 memo was the single thing stalling a permitting reform deal in Congress. “If you would just rescind that memo, we could get permitting reform passed this Congress, and we can start to talk about permitting all forms of energy.”
Later in the hearing, Burgum also defended another of the administration’s controversial actions regarding renewables. California Representative Dave Min questioned Burgum on his deal to pay the French energy company Total nearly $1 billion to walk away from its offshore wind leases. Was that an appropriate use of money, Min asked, considering so many Americans were struggling with high energy bills? Burgum rejected the premise, asserting several times that the agency merely “refunded” Total’s money.
The state has terminated an agreement to develop substations and other necessary grid infrastructure to serve the now-canceled developments.
Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.
The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and substations necessary to send electricity generated by offshore wind across the state. The board terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies projects scrubbed in a settlement with his administration.
“New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
I chronicled the fight over this specific transmission infrastructure before Trump 2.0 entered office and the White House went nuclear on offshore wind. Known as the Larrabee Pre-Built Infrastructure, the proposed BPU-backed network of lines and electrical equipment resulted from years of environmental and sociological study. It was intended to connect wind projects in the Atlantic Ocean to key points on the overall grid onshore.
Activists opposed to putting turbines in the ocean saw stopping the wires as a strategy for delaying the overall construction timelines for offshore wind, intensifying both the costs and permitting headaches for all state and development stakeholders involved. Some of those fighting the wires did so based on fears that electromagnetic radiation from the transmission lines would make them sick.
The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. The board’s letter to PJM nods to the future, asserting that new “alternative pathways to coordinated transmission” exist because of new guidance from the Federal Energy Regulatory Commission. These pathways “may serve” future offshore wind projects should they be pursued, stated the letter.
Of course, anything related to offshore wind will still be conditional on the White House.
The opinion covered a host of actions the administration has taken to slow or halt renewables development.
A federal court seems to have struck down a swath of Trump administration moves to paralyze solar and wind permits.
U.S. District Judge Denise Casper on Tuesday enjoined a raft of actions by the Trump administration that delayed federal renewable energy permits, granting a request submitted by regional trade groups. The plaintiffs argued that tactics employed by various executive branch agencies to stall permits violated the Administrative Procedures Act. Casper — an Obama appointee — agreed in a 73-page opinion, asserting that the APA challenge was likely to succeed on the merits.
The ruling is a potentially fatal blow to five key methods the Trump administration has used to stymie federal renewable energy permitting. It appears to strike down the Interior Department memo requiring sign-off from Interior Secretary Doug Burgum on all major approvals, as well as instructions that the Interior and the Army Corps of Engineers prioritize “energy dense” projects in ways likely to benefit fossil fuels. Also struck down: a ban on access to a Fish and Wildlife Service species database and an Interior legal opinion targeting offshore wind leases.
Casper found a litany of reasons the five actions may have violated the Administrative Procedures Act. For example, the memo mandating political reviews was “a significant departure from [Interior] precedent,” and therefore “required a ‘more detailed justification’ than that needed for merely implementing a new policy.” The “energy density” permitting rubric, meanwhile, “conflicts” with federal laws governing federal energy leases so it likely violated the APA, the judge wrote.
What’s next is anyone’s guess. Some cynical readers may wonder whether the Supreme Court will just lift the preliminary injunction at the administration’s request. It’s worth noting Casper had the High Court’s penchant for neutralizing preliminary injunctions in mind, writing in her opinion, “The Court concludes that the scope of this requested injunctive relief is appropriate and consistent with the Supreme Court’s limitations on nationwide injunctions.”