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Building clean energy infrastructure quickly will be critical to avoiding the worst impacts of climate change while bolstering grid resilience and flexibility. Much of the discourse portrays infrastructure deployment as plagued by bureaucratic and legal holdups that should be eliminated or drastically curtailed in service of faster development — with the National Environmental Policy Act (NEPA) often taking sole blame for these delays. But is that really where the problem is? Our analyses suggest that solely blaming NEPA for permitting delays overlooks other contributing factors.

Last Friday, the D.C. Circuit issued a two-page opinion refusing to stay a regulation. The D.C. Circuit frequently denies stays, but this ruling was notable for three reasons: It allows an important climate change regulation to go into effect; it clarifies an important legal doctrine; and it has a good chance of being upheld on appeal — even though the U.S. Supreme Court overturned a previous regulation on the same subject.

The Supreme Court's decision in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce means that federal courts will have the final say on what an ambiguous federal statute means. What’s not clear is whether most courts will still listen to expert federal agencies in determining which interpretations make the most sense.

The U.S. administrative state does not merely protect Americans against those threats that we are unable to protect ourselves from on our own. It is essential to a healthy economy, it provides a crucial platform for democratic self-government, and it functions as a great social equalizer. All of this is now at risk after the U.S. Supreme Court’s conservatives issued four separate decisions largely along ideological lines aimed at eviscerating this crucial institution. The administrative state has been built over the course of nearly 250 years, slowly and pragmatically, since the founding; it has taken just three decision days for the Court to undo much of that work.

Duke Energy, North Carolina’s monopoly electricity provider, is currently undergoing one of the largest utility-led fossil fuel expansions in the entire country. Though the corporation publicly touts its carbon reduction climate goals, its investments in natural gas are leading to burning a “super pollutant” gas – methane – that is 86 times more harmful than carbon dioxide at trapping heat and warming the environment.

Deep in the heart of state and regional environmental and energy agencies, engineers, economists, scientists, and lawyers are working hard to develop comprehensive climate action plans (CCAPs). Created by the Inflation Reduction Act, EPA’s Climate Pollution Reduction Grant (CPRG) program is funding a range of state and subnational planning and implementation measures, including the CCAPs, which are due in 2025. In our recent issue brief, Comprehensive Climate Action Plans: What’s a Greenhouse Gas Reduction “Measure”?, we explore a key question: What is the nature of the “actions” that planners should include in their climate action plans? Or, to use the program’s term, what’s a climate “measure?”

States like California face sobering budget shortfalls, and their governors and legislatures are grappling with how and where to make cuts. These debates cast a spotlight on the critical importance of state budgets to an equitable clean energy future.

Since the passage of landmark legislation like the Inflation Reduction Act and the Bipartisan Infrastructure Law during the Biden administration, we’ve repeatedly heard that we’re at a critical junction: There is a need to expand and accelerate environmental, climate, and clean energy policy implementation and opportunities to do so, but the pathway toward this goal will be plagued by significant delays. The National Environmental Policy Act (NEPA) has become a common scapegoat in this fight, with critics charging that the sometimes lengthy and complicated environmental review process NEPA requires is the main thing holding up decarbonization and the clean energy transition. This has led to calls from across the political spectrum for “reforming” the statute. This assumption, however, misrepresents what happens on the ground.

The bad news is that we’re not yet on track to avoid dangerous climate change. But there’s also good news: We’ve taken important steps that will ease further progress. We should resist the allure of easy optimism, given the scale of the challenges. Neither should we wallow in despair. There’s a good basis for hope.