What a Democratic Midterm Landslide Means for Climate and Clean Energy

Deep News11-05

Over the past two years, the Trump administration and congressional Republicans held near-total control over U.S. environmental policy, shifting federal support away from clean energy development and strict pollution controls while steering resources toward fossil fuels and deregulation. That dynamic is now on the verge of a major reversal.

In the November 3 midterm elections, Democrats captured decisive majorities in both the Senate and the House of Representatives, giving them new leverage in Washington. Former officials and policy experts expect Democrats to intensify scrutiny of the Trump administration's energy and environmental record. The shift in power could also stall, or even kill outright, a bipartisan permitting reform bill.

With control of both chambers changing hands, Democrats will set the hearing agenda in the next Congress and wield investigative authority, including the power to issue subpoenas compelling government officials, industry representatives and others to testify or produce documents. Majority status will allow them to conduct oversight at a depth the minority could never achieve.

Appropriations are likely to be a central focus. The Trump White House has repeatedly impounded and withheld funds Congress had already approved, including earmarked grants for the National Science Foundation and the Environmental Protection Agency.

"I expect Congress to reassert its budget oversight authority and look at how to make sure that money actually gets spent," said Josh Freed, senior vice president of the climate and energy program at the left-leaning think tank Third Way.

Democrats plan to investigate Interior Secretary Doug Burgum and his team, including allegations of mismanagement in the Lincoln Memorial Reflecting Pool upgrade project and dealings between officials and oil and gas companies. EPA Administrator Lee Zeldin may also face scrutiny. Representative Zoe Lofgren, a California Democrat and senior member of the House Science, Space and Technology Committee, has repeatedly raised oversight inquiries, but the EPA "has failed to produce a single document, communication or record in response."

Another potential target of investigation: companies that struck deals with the administration or received regulatory exemptions.

"When Democrats hold sway in one or both chambers, with subpoena power, that creates strong counter-pressure on the industries involved," said Zealan Hoover, who served as a senior adviser at the EPA during the Biden administration. He predicted Congress would examine companies that reached special agreements with the government or secured pollution waivers.

As election results rolled in on the evening of November 3, Senator Ed Markey, a Massachusetts Democrat on the Senate Environment and Public Works Committee, posted on X: "We're going to print so many subpoenas we'll need to plant a whole new forest just to make the paper."

Winning both chambers means Democrats can devote more resources to investigations. They will also gain greater power to block Trump's nominees for senior federal agency and judicial posts.

The midterm results could shape policy even before the new Congress convenes, with the central flashpoint being the Bipartisan American Affordability and Jobs Act (BAAJA), the controversial permitting reform bill. In late September, a small bipartisan group of senators reached an agreement aimed at speeding approval for pipelines, transmission lines and other infrastructure projects. But since then, many Democratic lawmakers, environmental groups and other stakeholders have criticized the proposal.

Before the election, senators planned to file amendments to the bill in the coming days, then move to a procedural vote and a final vote within weeks; the House had originally been expected to vote only after Thanksgiving. Whether Democrats have enough votes internally to pass the bill remains uncertain, however. Some policy experts caution that Democrats may choose to shelve the discussion and wait until they also control the White House.

Trump has already signaled that if Congress falls to Democrats, he may use the veto pen frequently. If the bill is abandoned now, an alternative would most likely have to wait for a Democratic president to take office before it could advance.

Representative Sean Casten, an Illinois Democrat, said on a news call: "The original version had plenty of structural flaws. But until we see the manager's amendment — the forthcoming revisions — we can't judge whether this bill can pass the Senate, let alone the House."

Casten also noted that House Democratic leader Hakeem Jeffries, a New York congressman, has selected a group of lawmakers, including him, to prepare ten priority bills for the opening of the new Congress, including energy affordability legislation. He added that even with this election victory, neither chamber has a veto-proof majority, so passing legislation will still require winning over some Republicans.

Former Washington Governor Jay Inslee, a Democrat, said at the same briefing that beyond Congress, the midterm results could spur more climate action at the state and local levels. He noted that roughly 30 states will soon have Democratic governors, and several more will see Democrats hold the governorship and both legislative chambers — a "trifecta" of unified control.

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