Congress quietly strips environmental review from geothermal drilling
H.R. 5587 — Harnessing Energy At Thermal Sources Act · Filed by Young Kim (R-CA) · 2 cosponsors · Introduced Sep 26, 2025 · Passed chamber
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What it does
This bill amends the Geothermal Steam Act to allow geothermal drilling on non-Federal land without a Federal permit, provided the U.S. holds less than 50% of the subsurface geothermal estate and the operator has a State permit. It exempts these activities from Federal environmental review under the National Environmental Policy Act, Endangered Species Act review, and (in most cases) historic preservation review, though royalty payments to the U.S. remain unchanged. Indian lands are excluded from this waiver.
Why we flagged it
The bill's operative mechanism is a blanket exemption from Federal environmental and species-protection review for geothermal drilling on mixed-ownership subsurface estates. The stated purpose (energy development) masks the functional effect: removal of NEPA and ESA scrutiny that citizens depend on for transparency and standing to challenge projects.
What the text implies
- Citizens lose standing to challenge geothermal projects under NEPA and ESA even when Federal subsurface interests are at stake, because the bill defines these activities as non-Federal actions requiring no Federal action.
- The 50% threshold creates a loophole: operators can access Federal geothermal resources (and trigger Federal royalty obligations) while avoiding Federal environmental review, so long as private parties hold >50% of the subsurface estate.
The full analysis lists 5 implications of this text.
Who stands to gain
geothermal energy developers and operators; energy companies with geothermal assets or exploration interests; private landowners with subsurface geothermal rights