Shift Key with Robinson Meyer4 Kesä 2025

The Supreme Court’s Double-Edged Change to Permitting Law

Did the Supreme Court just make it easier to build things in this country — or did it give a once-in-a-lifetime gift to the fossil fuel industry? Last week, the Supreme Court ruled 8-0 against environmentalists who sought to use a key permitting law, the National Environmental Policy Act, to slow down a railroad in a remote but oil-rich part of Utah. Even the court’s liberals ruled against the green groups.

But the court’s conservative majority issued a much stronger and more expansive ruling, urging lower courts to stop interpreting the law as they have for years. That decision, written by Justice Brett Kavanaugh, may signal a new era for what has been called the “Magna Carta” of environmental law.

On this week’s episode of Shift Key, Rob and Jesse talk with Nicholas Bagley, a University of Michigan law professor and frequent writer on permitting issues. He is also Michigan Governor Gretchen Whitmer’s former chief legal counsel. Rob, Jesse, and Nick discuss what NEPA is, how it has helped (and perhaps hindered) the environment, and why it’s likely to change again in the near future. Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor.

Mentioned:

The Supreme Court Just Started a Permitting Revolution

The Supreme Court’s Green Double Standard, By Nick Bagley

Bagley’s article on the procedure fetish

Key statistics about how NEPA works in the government

Judge Skelly’s 1971 Calvert Cliffs ruling

House Republicans’ NEPA reform proposal

Jesse’s downshift; Rob’s downshift.

Music for Shift Key is by Adam Kromelow.

Hosted on Acast. See acast.com/privacy for more information.

Tämä jakso on lisätty Podme-palveluun avoimen RSS-syötteen kautta eikä se ole Podmen omaa tuotantoa. Siksi jakso saattaa sisältää mainontaa.

Jaksot(155)

The Tesla Alum Trying to Turn GM Into an American Battery Juggernaut

There are two big trends in the American battery sector at the moment. The first is that the electric vehicle market is deteriorating. GM, for instance, sold just 25,000 EVs in the third quarter of th...

7 Loka 50min

Governor Mikie Sherrill on Electricity Prices, Nuclear Power, and Building in New Jersey

Governor Mikie Sherrill is a former Navy pilot, federal prosecutor, and a member of the U.S. House of Representatives. She was elected New Jersey's governor in November 2025 in a campaign dominated by...

2 Loka 21min

Al Gore on AI, ‘An Inconvenient Truth,’ and the Biggest Surprises of the Past 20 Years

Former Vice President Al Gore needs no introduction. He is, in a way, the original climate influencer. His film An Inconvenient Truth gave rise to a new wave of climate activism in the 2000s. It was o...

30 Syys 29min

Energy Secretary Chris Wright on Trump’s Pro-Nuclear, Pro-Fossil Fuel Agenda

Since taking office last year, the Trump administration has blocked renewable energy development and attacked climate change policy, prioritized fossil fuels and encouraged nuclear energy, and started...

25 Syys 30min

What Does The Nuclear Company Do?

In the past few years, something surprising has happened in American energy policy: States and utilities have started trying to build new nuclear plants.A new kind of company — the nuclear developer —...

23 Syys 53min

Starting a Giant Online Data Platform Is the Easy Part

America has some of the world’s best data about its own internal energy, industrial economy, and carbon emissions. That’s thanks to a federal agency called the U.S. Energy Information Administration, ...

16 Syys 35min

Shift Key Classic: What Is a Watt?

As we catch up from summer vacation, we’re bringing you a favorite from the Shift Key archive. We’ll be back in your feed with more fresh episodes starting next week.What is the difference between ene...

9 Syys 47min

How to Understand America’s Gigantic Natural Gas Buildout

The United States is staring down a natural gas buildout of gigantic proportions.Amazon wants to build what would be the country’s largest power plant in Texas — and run it entirely on natural gas. No...

2 Syys 50min