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And other adventures with Mike Johnson
It is perhaps less surprising who the House elected as its new speaker than the fact that they managed to actually elect someone at all. After 22 days, 14 failed candidates, and in mounting desperation and embarrassment, Republicans finally rallied — unanimously! — around Mike Johnson, a northern Louisiana lawmaker who’s been described as “obscure” and “largely unknown” even by his home-state newspaper.
Given that Johnson is the least experienced speaker in 140 years, that obscurity is understandable. With only four terms in the House under his belt, he doesn’t have much of a track record for the media to highlight in their scramble to publish Wednesday afternoon explainers. Generally, the impression has been that he is both “mild-mannered” enough for the moderates put off by the antics of Jim Jordan and far enough to the right to be palatable to the MAGA wing that ousted his predecessor, Kevin McCarthy. Johnson is “known for combining his hard-line views with a gentle style,” says The New York Times, while The Washington Post notes his opposition to abortion, LGBT rights, aid for Ukraine, and the certification of the 2020 election results.
But go a little further back and things get odder. In 2014, Johnson worked free of charge as a lawyer for Ken Ham — “one of the world’s most notorious purveyors of pseudoscience,” according to Salon:
Ham and his tax-deductible organization Answers in Genesis have earned a fortune peddling new earth creationism, a belief that the entire universe is only 6,000 years old and that all of science — evolution, geology, archeology, physics, astronomy, among others — is informed by a deceptive God, a God who tempted humankind by planting observable, verifiable evidence — things like fossils and distant stars — in order to test our loyalty …
While creationism and climate denialism don’t necessarily overlap, Answers for Genesis extensively addresses climate change as being a “myth,” calling environmentalism a “false religion.” Ham has written, “We don’t need to fear that man will destroy the planet, as God wouldn’t let that happen anyway.”
Ham runs a Creation Museum in Kentucky, and sometime around 2014, he decided he wanted to expand it into “an enormous Noah’s Ark theme park,” Salon goes on:
There was just one problem, though: He couldn’t possibly raise enough money to build his park. So, he turned to the government for incentives … [But] there was this one tiny issue called the Establishment Clause, and believe it or not, it’s still against the law for the government to fork over a bunch of money to pay you to convert people to your religion, even if you’re throwing in a lazy river and a roller coaster at no additional charge.
Johnson, in his position as chief counsel of Freedom Guard, a religious liberty interest group, disagreed with this interpretation of the Establishment Clause, however, going as far as to write op-eds for Answers in Genesis that were published alongside Ham’s waxings on the sins of climate activism. Johnson eventually helped to sue the state of Kentucky for refusing to use government funds to build the Noah’s Ark theme park; Answers in Genesis won, and the park was built partially using tax incentives. Later, Ham would also sue his insurance company over, of all things, rain damage to the park’s replica ark.
some select photos from the ark encounter that speaker-designate mike johnson worked for -- one claiming there was dinosaurs on the ark; another claiming there were 1,400 animal "kinds" on it; and finally, a panel claiming that young earth creationism is biblically solid https://t.co/2KJBU2G0LB pic.twitter.com/zRdICcmfJd
— hannah gais (@hannahgais) October 25, 2023
Johnson, you’ll be shocked to learn, is also not a believer in the scientific consensus on human-driven climate change. As a lawmaker from an oil state, the fossil fuel industry makes up Johnson’s biggest campaign donors, E&E News points out. Johnson, meanwhile, has voiced standard-issue doubts about the whole climate change thing, musing that “driv[ing] SUVs” isn’t the problem and that statistically impossible weather patterns are due to “natural cycles over the span of the Earth’s history.” He has a 2% lifetime rating from the League of Conservation Voters.
Still, even within more climate-skeptical circles, Johnson remains a bit of a question mark. When one “long-time [oil] industry official” was asked by Politico for an impression of the would-be speaker ahead of the final vote, the reply came, “Don’t know him too well, but glad they are hopefully getting someone into the job.” Another “long-time energy lobbyist” was similarly strapped when it came to offering any specific impressions, Politico’s Ben Lefebvre reports: At the very least, Johnson is “an [Louisiana State University] alumnus,” the lobbyist figured, “so that has to be good for the energy industry.”
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A judge has lifted the administration’s stop-work order against Revolution Wind.
A federal court has lifted the Trump administration’s order to halt construction on the Revolution Wind farm off the coast of New England. The decision marks the renewables industry’s first major legal victory against a federal war on offshore wind.
The Interior Department ordered Orsted — the Danish company developing Revolution Wind — to halt construction of Revolution Wind on August 22, asserting in a one-page letter that it was “seeking to address concerns related to the protection of national security interests of the United States and prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and the territorial seas.”
In a two-page ruling issued Monday, U.S. District Judge Royce Lamberth found that Orsted would presumably win its legal challenge against the stop work order, and that the company is “likely to suffer irreparable harm in the absence of an injunction,” which led him to lift the dictate from the Trump administration.
Orsted previously claimed in legal filings that delays from the stop work order could put the entire project in jeopardy by pushing its timeline beyond the terms of existing power purchase agreements, and that the company installing cable for the project only had a few months left to work on Revolution Wind before it had to move onto other client obligations through mid-2028. The company has also argued that the Trump administration is deliberately mischaracterizing discussions between the federal government and the company that took place before the project was fully approved.
It’s still unclear at this moment whether the Trump administration will appeal the decision. We’re still waiting on the outcome of a separate legal challenge brought by Democrat-controlled states against Trump’s anti-wind Day One executive order.
A new letter sent Friday asks for reams of documentation on developers’ compliance with the Bald and Golden Eagle Protection Act.
The Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms in the name of bird protection laws.
The Service on Friday sent developers a request for records related to their permits under the Bald and Golden Eagle Protection Act, which compels companies to obtain permission for “incidental take,” i.e. the documented disturbance of eagle species protected under the statute, whether said disturbance happens by accident or by happenstance due to the migration of the species. Developers who received the letter — a copy of which was reviewed by Heatmap — must provide a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.” The Service did not immediately respond to a request for comment.
These letters represent the rapid execution of an announcement made just a week ago by Interior Secretary Doug Burgum, who released a memo directing department staff to increase enforcement of the Bald and Golden Eagle Protection Act “to ensure that our national bird is not sacrificed for unreliable wind facilities.” The memo stated that all permitted wind facilities would receive records requests related to the eagle law by August 11 — so, based on what we’ve now seen and confirmed, they’re definitely doing that.
There’s cause for wind developers, renewables advocates, and climate activists to be alarmed here given the expanding horizon of enforcement of wildlife statutes, which have become a weapon for the administration against zero-carbon energy generation.
The August 4 memo directed the Service to refer “violations” of the Bald and Golden Eagle Protection Act to the agency solicitor’s office, with potential further referral to the Justice Department for criminal or civil charges. Violating this particular law can result in a fine of at least $100,000 per infraction, a year in prison, or both, and penalties increase if a company, organization, or individual breaks the law more than once. It’s worth noting at this point that according to FWS’s data, oil pits historically kill far more birds per year than wind turbines.
In a statement to Heatmap News, the American Clean Power Association defended the existing federal framework around protecting eagles from wind turbines, noted the nation’s bald eagle population has risen significantly overall in the past two decades, and claimed golden eagle populations are “stable, at the same time wind energy has been growing.”
“This is clear evidence that strong protections and reasonable permitting rules work. Wind and eagles are successfully co-existing,” ACP spokesperson Jason Ryan said.
The $7 billion program had been the only part of the Greenhouse Gas Reduction Fund not targeted for elimination by the Trump administration.
The Environmental Protection Agency plans to cancel grants awarded from the $7 billion Solar for All program, the final surviving grants from the Greenhouse Gas Reduction Fund, by the end of this week, The New York Times is reporting. Two sources also told the same to Heatmap.
Solar for All awarded funds to 60 nonprofits, tribes, state energy offices, and municipalities to deliver the benefits of solar energy — namely, utility bill savings — to low-income communities. Some of the programs are focused on rooftop solar, while others are building community solar, which enable residents that don’t own their homes to access cheaper power.
The EPA is drafting termination letters to all 60 grantees, the Times reported. An EPA spokesperson equivocated in response to emailed questions from Heatmap about the fate of the program. “With the passage of the One Big Beautiful Bill, EPA is working to ensure Congressional intent is fully implemented in accordance with the law,” the person said.
Although Solar for All was one of the programs affected by the Trump administration’s initial freeze on Inflation Reduction Act funding, EPA had resumed processing payments for recipients after a federal judge placed an injunction on the pause. But in mid-March, the EPA Office of the Inspector General announced its intent to audit Solar for All. The results of that audit have not yet been published.
The Solar for All grants are a subset of the $27 billion Greenhouse Gas Reduction Fund, most of which had been designated to set up a series of green lending programs. In March, Administrator Lee Zeldin accused the program of fraud, waste, and abuse — the so-called “gold bar” scandal — and attempted to claw back all $20 billion. Recipients of that funding are fighting the termination in an ongoing court case.
State attorneys generals are likely to challenge the Solar for All terminations in court, should they go through, a source familiar with the state programs told me.
All $7 billion under the program has been obligated to grantees, but the money is not yet fully out the door, as recipients must request reimbursements from the EPA as they spend down their grants. Very little has been spent so far, as many grantees opted to use the first year of the five-year program as a planning period.