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The senator spoke at a Heatmap event in Washington, D.C. last week about the state of U.S. manufacturing.

At Heatmap’s event, “Onshoring the Electric Revolution,” held last week in Washington, D.C. every guest agreed: The U.S. is falling behind in the race to build the technologies of the future.
Senator Catherine Cortez Masto of Nevada, a Democrat who sits on the Senate’s energy and natural resources committee, expressed frustration with the Trump administration rolling back policies in the Inflation Reduction Act and Infrastructure Investment and Jobs Act meant to support critical minerals companies. “If we want to, in this country, lead in 21st century technology, why aren’t we starting with the extraction of the critical minerals that we need for that technology?” she asked.
At the same time, Cortez Masto also seemed hopeful that the Senate would move forward on both permitting and critical minerals legislation. “After we get back from the Thanksgiving holiday, there is going to be a number of bills that we’re looking at marking up and moving through the committee,” Cortez Masto said. That may well include the SPEED Act, a permitting bill with bipartisan support that passed the House Natural Resources Committee late last week.
Friction in the permitting of new energy and transmission projects is one of the key factors slowing down the transition to clean energy — though fossil fuel companies also have an interest in the process.
Thomas Hochman, the Foundation of American Innovation’s director of infrastructure policy, talked about how legislation could protect energy projects of all stripes from executive branch interference.
“The oil and gas industry is really, really interested in seeing tech-neutral language on this front because they’re worried that the same tools that have been uncovered to block wind and solar will then come back and block oil and gas,” Hochman said.
While permitting dominated the conversation, it was not the only topic on panelists’ minds.
“There’s a lot of talk about permitting,” said Michael Tubman, the senior director of federal affairs at Lucid Motors. “It’s not just about permits. There’s a lot more to be done. And one of those important things is those mines have to have the funding available.”
Michael Bruce, a partner at the venture capital firm Emerson Collective, thinks that other government actions, such as supporting domestic demand, would help businesses in the critical minerals space.
“You need to have demand,” he said. “And if you don’t have demand, you don’t have a business.”
Like Cortez Masto, Bruce lamented the decline of U.S. mining in the face of China’s supply chain dominance.
“We do [mining] better than anyone else in the world,” said Bruce. “But we’ve got to give [mining companies] permission to return. We have a few [projects] that have been waiting for permits for upwards of 25 years.”
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The administration filed to dismiss an appeal of a December ruling that overturned its wind permitting freeze.
Trump’s Department of Justice is giving up on defending the president’s wind permitting moratorium.
The DOJ filed a motion on Wednesday to dismiss its appeal of a federal court’s December decision vacating the order to halt wind energy approvals. The plaintiffs in the case — New York and 16 other states, as well as the Alliance for Clean Energy New York, a trade group — did not oppose the motion. The case will not be officially dismissed, however, until the First Circuit Court of Appeals approves the request, which typically happens quickly when both parties support the dismissal.
The case stems from an executive order President Trump issued on the first day of his current term temporarily withdrawing all areas of the outer continental shelf from offshore wind leasing and pausing all federal authorizations for onshore and offshore wind projects while the administration conducted a review of leasing and permitting practices.
States took the administration to court last May, arguing that the order was arbitrary and capricious and violated the Administrative Procedures Act. They claimed it harmed their ability to source reliable and affordable energy and threatened billions of dollars in investment in supply chains, workforce development, and wind industry-related infrastructure.
On December 8, Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts ruled in the states’ favor and vacated the wind order. More specifically, the judge vacated the portion of the order directing agencies to pause permits and other authorizations. The withdrawal of areas eligible for new leases remains in effect.
What it means is that federal agencies will now have to proceed with permitting wind projects using the existing statutory and regulatory framework, Kit Kennedy, the managing director for power, climate, and energy at the Natural Resources Defense Council, told me in an email. “The door to federal permitting is now unlocked again and each developer will be able to make the case for permitting their individual project based on the facts and the law,” she said.
The Trump administration appealed the ruling to the First Circuit in February, but never submitted an opening brief. The initial deadline was May 11, but on May 4, the DOJ requested additional time to file the brief. The judge gave the defendants until June 10. On that date, the defendants filed the motion to dismiss.
This is a developing story and we’ll update it as we learn more about the administration’s actions and their effects.
Editor’s note: This story has been updated to reflect that the freeze and ruling apply to onshore as well as offshore wind. It also adds a quote from Kit Kennedy.
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.