EPA Unveils Draft Endangerment Finding Repeal
Update provided by Meguire Whitney
Environmental Protection Agency Administrator Lee Zeldin unveiled a proposed rule July 29 repealing the endangerment finding, a determination that authorizes the agency to regulate greenhouse gas emissions under the Clean Air Act. The announcement of the draft endangerment finding repeal came in conjunction with the announcement of a proposed reversal of tailpipe emissions rules issued under former President Joe Biden for light-, medium-, and heavy-duty cars and trucks. The changes are part of EPA’s deregulatory effort announced in March.
The endangerment finding, instituted in 2009, holds that heat-trapping emissions endanger public health and welfare by driving climate change and provides the legal basis for climate rules to limit climate pollution from fossil fuel power plants and gas wells. EPA’s proposal points to four Supreme Court decisions as bolstering the agency’s case for repealing the finding. The justices in each case emphasized that major policy decisions need to be directed by Congress, not federal agencies. The administration’s draft plan focuses heavily on defining EPA’s statutory authority as too narrow to support the endangerment finding. Legal challenges to the repeal are expected to be filed immediately, and the outcome will depend on how the courts rule on EPA’s action once it becomes final.
Burgum Announces Wind Energy Policy Measures
Update provided by Meguire Whitney
On July 29, Secretary of the Interior Doug Burgum announced four policy measures aimed to “end preferential treatment” for wind energy. The announcement follows the secretary’s order earlier this month stating that Burgum himself must approve all solar and wind energy project permits on federal lands and water.
The secretarial order calls for identifying preferential treatment toward wind and solar facilities in current regulations, guidance, policies, and agency practices. Secondly, the order states that the Department of the Interior will consider withdrawing from onshore areas with high potential for wind energy development “to ensure compliance with legal requirements for multiple use and sustained yield of public lands,” like recreation and grazing, and halt future offshore wind lease sales through the termination of the former administration’s “wind energy areas.” The order seeks to improve Department of the Interior guidance on consulting with tribes, the fishing industry, and coastal towns for offshore wind development. Lastly, the Department of the Interior will conduct a review of the avian mortality rate associated with wind projects to ensure that incidental bird deaths comply with the Migratory Bird Treaty Act.
Appropriators Work to Advance Bills as the End of the Fiscal Year Looms
Update provided by Meguire Whitney
In late July, the House and Senate appropriators advanced their respective Interior-Environment bills through full committee, though neither bill has seen floor action. Included in both the House and Senate bills was language delaying and pushing back against President Donald Trump’s proposed U.S. Wildland Fire Service that would consolidate all wildfire programs that are currently spread across agencies at the Departments of Agriculture and Interior—a major administration priority.
Meanwhile, Senate appropriators have worked hard to consider and pass a three-bill package of fiscal year 2026 funding bills (Agriculture, Veterans Affairs, and Commerce/Justice/Science) during this last week before August recess. The House passed two FY 2026 bills before adjourning for August recess, leaving 10 bills to be considered before Sept. 30, the end of the fiscal year. Since both chambers plan to work in their home states until after Labor Day, Congress will likely need to pass a continuing resolution to keep the government operating. Congress is currently operating under a full-year continuing resolution passed in spring that continues funding at FY 2024 levels. As the administration continues freezing and rescinding funds that were previously appropriated, Democrats have expressed frustration with the lack of bipartisanship and are weighing options on how to work with Republicans on FY 2026 spending.
Westerman and Golden Introduce the SPEED Act
Update provided by Meguire Whitney
On July 25, House Natural Resources Committee Chairman Bruce Westerman (R-Ark.) and Rep. Jared Golden (D-Maine) introduced a new National Environmental Policy Act overhaul bill called the Standardizing Permitting and Expediting Economic Development Act. The SPEED Act seeks to change NEPA by narrowing the scope for what triggers a NEPA review by redefining “major federal action,” enacting limits on litigation, including a 150-day deadline for filing claims, and banning the use of new scientific research or updated data that becomes available after a project is proposed.
The bill comes after several GOP permitting ideas were cut out of the One Big Beautiful Bill Act by the Senate parliamentarian. Democrats have become more willing to work with Republicans on updating NEPA because of delays faced by renewable energy projects. However, soon after the introduction of the bill, Westerman’s committee counterpart, Rep. Jared Huffman (D-Calif.), put out a press release in opposition to the SPEED Act, saying the bill would “shield polluters from scrutiny” and “bury the climate risks of massive fossil fuel projects.”
Christie Holds Last Meeting as FERC Chair
Update provided by Meguire Whitney
At his final meeting as chair of the Federal Energy Regulatory Commission, Mark Christie addressed several major developments and ongoing concerns about grid reliability. Amid record-high prices in the PJM capacity auction and rising electricity demand from data centers and artificial intelligence, Christie stressed the urgent need for new generation capacity, warning that grid reliability threats are no longer distant. FERC approved new reliability standards developed by the North American Electric Reliability Corporation for inverter-based resources like solar, wind, and battery storage while allowing for some flexibility to issue exemptions—a provision Christie personally opposed but accepted to secure majority support. Despite leaving his role as chair, Christie plans to stay briefly into August to help complete key FERC work and ensure the agency maintains a functioning quorum.
President Donald Trump has nominated Laura Swett and David LaCerte to fill the two open seats on the commission. The Senate Energy and Natural Resources Committee has yet to schedule their confirmation hearings.
FCC Issues Pole Attachment Guidance
Update provided by Meguire Whitney
On July 24, the Federal Communications Commission adopted a fifth report and order and issued a fourth further notice of proposed rulemaking to streamline and accelerate broadband deployment by updating its pole attachment rules. While public power utilities and rural electric cooperatives are exempt from FCC pole attachment regulations under Section 224 of the Communications Act, there have been ongoing efforts—by the FCC and in Congress—to weaken or eliminate this exemption.
The order establishes clear timelines for large and mid-sized pole attachment requests, requires advance notice from those attaching, and sets deadlines for utility responses. It also allows broadband providers to use approved contractors if utilities fail to meet those deadlines. Additionally, the order requires utilities to notify those attaching within 15 days of receiving a complete application if they know or reasonably should know they cannot meet the survey timeline. It also bars utilities from using combined limits on application size and frequency to delay deployment.
The further notice of proposed rulemaking seeks input on further reforms to improve the efficiency of pole permitting, make-ready work, and broadband deployment. It also requests comments on whether light poles should be subject to the access requirements under Section 224(f) of the Communications Act. Comments to the further notice of proposed rulemaking are due 30 days after publication in the Federal Register.
DOE Announces Site Selection for AI Data Center and Energy Infrastructure Development on Federal Lands
Update provided by the Department of Energy
On July 24, the U.S. Department of Energy announced the next steps in the plan of President Donald Trump’s administration to accelerate the development of artificial intelligence infrastructure through siting on DOE lands. DOE has selected four sites—Idaho National Laboratory, Oak Ridge Reservation, Paducah Gaseous Diffusion Plant, and Savannah River Site—to move forward with plans to invite private sector partners to develop cutting-edge AI data center and energy generation projects.
The announcement supports the Trump administration’s goals of utilizing federal lands to lower energy costs and help power the global AI race, as outlined in Trump’s executive orders on Accelerating Federal Permitting of Data Center Infrastructure, Deploying Advanced Nuclear Reactor Technologies for National Security, and Unleashing American Energy.
“By leveraging DOE land assets for the deployment of AI and energy infrastructure, we are taking a bold step to accelerate the next Manhattan Project—ensuring U.S. AI and energy leadership,” said Energy Secretary Chris Wright. “These sites are uniquely positioned to host data centers as well as power generation to bolster grid reliability, strengthen our national security, and reduce energy costs.”
DOE received enormous interest in response to its April request for information that helped inform the selection of these sites. The locations are well situated for large-scale data centers, new power generation, and other necessary infrastructure.
DOE will work with data center developers, energy companies, and the broader public in consultation with states, local governments, and federally recognized tribes that the projects will serve to further advance this initiative. More details regarding project scope, eligibility requirements, and submission guidelines at each site will be available with the site-specific releases. These solicitations are expected to be released in the coming months, and partners could be selected by the end of the year. DOE is also evaluating additional sites that could issue solicitations in the future.
