Region: National
Whither Permitting Reform for NEPA?
Engaging with the key questions for NEPA in any permitting reform bill
This interview by Heatmap News with a leading actor (Daniel Palken at the Arnold Foundation) in the permitting reform debates is informative and productive – both on the status of those talks right now, and on their history and why they are important. Here I just want to focus on one aspect of the interview …
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CONTINUE READINGStrategies for the 2030s
We lost the Battle of 2025. But we haven’t last the fight for sustainability.
Two recent models have some welcome news: Trump’s rollbacks and assault on the Inflation Reduction Act have not been as cataclysmic as feared. At least not yet. The models come from different sources — an MIT researcher and the Rhodium firm — using different methodologies. The models also have implications about the next steps in climate policy. Both models highlight the critical need to rip down barriers to clean energy and transmission build out.
CONTINUE READINGThe Sting in the Tail of the Clean Air Act
Weakening restrictions on polluters can trigger different restrictions.
Some of Trump’s most important anti-environmental moves involve unleashing air polluters. There’s a problem with this strategy, however. Doing so raises air pollution levels, which can bring states into collision with other Clean Air Act (CAA) requirements. Thus, the effect could be much tighter restrictions on other sources to compensate for looser standards on some. Worse, this effect isn’t limited to the most directly affected states. They may turn around and demand that upwind states reduce their own emissions to help the downstream states meet federal standards. Even when this isn’t true, and where the state that suffers may be Democratic-leaning and thus of no concern to Trump, there could be economic repercussions in other states.
Two notable examples of this problem involve coal generators and vehicle regulation. The first example involves coal. Trump has exempted coal-fired power plants from pollution limits to allow them to remain open longer. According to E&E News, “Air pollution from coal-fired power plants spiked in 2025, a striking reversal of long-term progress in air quality as the Trump administration boosted coal use. The emission increases were among the largest in at least a quarter-century, on a percentage basis, as the bulk of about 210 power plants registered increased sulfur dioxide and nitrogen oxide emissions,” Power plant sulfur-dioxide emissions were up 18% and nitrogen oxides were up 12%. This is contrary to a strong long-term declining trend.
The second example involves vehicle emissions. Under the CAA, state laws regulating vehicle emissions are generally preempted, but California can apply for a preemption waiver if it needs stricter regulations, and other states can piggyback on California’s standards. California’s ability to seek a waiver has been more limited since, at Trump’s instigation, Congress overturned EPA’s approval of several California waiver requests. The Trump Administration has independently taken the view that California can’t require manufacturers to sell more EVs as a way to meet standards. Although Republicans were mostly targeting California’s standards for greenhouse gases, they have also hampered California’s ability to get waivers for smog and particulates.
The problem arises because stopping a state from regulating some polluters may legally require it to tighten other regulations. Under CAA section 110, states must have state implementation plans that will achieve national air quality standards set by EPA. If one type of source pollutes more, other sources must offset the increased pollution by polluting less. Other CAA provisions put the screws on states that exceed the national standards. As a result, if the Feds exempt one source of nitrogen oxides (perhaps by repealing California waiver), states that had adopted the California standard will need to tighten regulations of other sources. Thus, exempting nitrogen oxides from trucks or cars, or from coal power plants, might require stricter controls on other sources such as natural gas power plants. Moreover, if a state is unable to achieve the national air quality standard, the so-called “Good Neighbor” provision allows it to demand emission reductions from upwind states.
In other words, exempting some sources increases the regulatory burden on others. The exemption may even increase the total regulatory burden, if pollution from those other sources is more expensive to control than pollution from the exempted sources. Here’s why.
CONTINUE READINGRenewable Energy Policy After the Federal Retreat
Which states are stepping up to fill the void?
With little resistance from Congress, the Trump administration is doing what it can to discourage the further development of renewable energy resources, showing a special lack of affection towards solar and wind. Through various executive orders and through direct payouts to some potential developers, the administration has worked to block and reverse permits on federal …
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CONTINUE READINGWhich way is the wind blowing in wind energy litigation?
The latest court decisions and legal challenges are shaping the future of wind energy development across the United States
Guest contributor Adelaide Duckett, Legal Fellow at the State Energy & Environmental Impact Center at NYU School of Law Across the country, wind developers and state governments are successfully navigating new legal challenges facing wind energy, fighting to keep projects moving forward despite mounting obstacles. Hostility to wind development has manifested in various ways …
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CONTINUE READINGEscalating the War on Science
Now the National Academies are in the cross-hairs.
The National Academics of Science, Engineering, and Medicine are at the pinnacle of American science. Recently, President Trump President Donald Trump ordered a so-called suspension and debarment investigation into the National Academies for what a supposedly “fraudulent, biased, and misleading” report on climate change. The Academies, he said, are “run by Radical Left Dumocrats,” which is apparently more than enough reason to ban them from government funding.
CONTINUE READINGCanada in Flames
What’s causing the fires? What harm do they do? What should we do?
One of the world’s great disasters is unfolding, as fires have covered millions of acres in Canada, destroying pristine ecosystems and poisoning the air for millions of people. Something like seven million acres have already burned. The U.S. government’s response is to threaten Canada with tariffs, apparently as punishment for allegedly having poorly managed its forests. Instead, we should be partnering with Canada on forest management, and we should cut the greenhouse gas emissions that are ramping up the fire risk.
CONTINUE READINGTrying to Create Permit Certainty
A new permitting reform bill does a good job of managing tradeoffs for a difficult problem
Last month two Senators proposed another permitting reform bill, the FREEDOM Act. This is a revised version of a bill that was introduced in the House earlier this year, which I wrote about before. (And yes, if you are having trouble keeping up with all the permitting reform bills floating around, you are not alone.) …
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CONTINUE READINGShould we be data center YIMBYs?
Photo by Geoffrey Moffett on Unsplash
Nobody likes data centers. Still, banning them in blue states alone may be a bad idea.
Monterey Park is not often called the New York of California, but the city resembles New York—the state, that is—in one big way: Both have passed moratoria on data center development. When Monterey Park passed its ban in 2025, it was the first municipality in California to do so. Nationwide, however, hundreds of localities have …
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CONTINUE READINGOff the Road Again?
Trump Administration revocations of ORV Executive Orders won’t have direct effects on the ground, yet.
Last month the Trump Administration revoked two executive orders over forty years old that directed federal agencies to restrict off-road vehicle use (ORV) on public lands in order to protect those lands’ environmental value. The revocation is, of course, controversial, and of a piece of a scorched earth approach to environmental regulation this Administration has …
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