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On BYD’s lawsuit, Fervo’s hottest well, and China’s geologic hydrogen

Current conditions: A midweek clipper storm is poised to bring as much as six more inches of snow to parts of the Great Lakes and Northeast • American Samoa is halfway through three days of fierce thunderstorms and temperatures above 80 degrees Fahrenheit • Northern Portugal is bracing for up to four inches more of rain after three deadly storms in just two weeks.

The Environmental Protection Agency is preparing this week to repeal the Obama-era scientific finding that provides the legal basis for virtually all federal regulations of planet-heating emissions, marking what The Wall Street Journal called “the most far-reaching rollback of U.S. climate policy to date.” The 2009 “endangerment finding” concluded that greenhouse gases pose a threat to public health and welfare, calling for cuts to emissions from power plants and vehicle tailpipes. EPA Administrator Lee Zeldin told the newspaper the move “amounts to the largest act of deregulation in the history of the United States.” In an interview with my colleague Emily Pontecorvo last year, Harvard Law School’s Jody Freeman said rescinding the endangerment finding would do “more serious and more long term damage” and “could knock out a future administration from trying to” bring back climate policy. But that, Freeman said, would depend on the Supreme Court backing the administration. “I don’t think that’s likely, but it’s possible,” she said.
At issue is the 2007 case Massachusetts v. EPA, which determined that greenhouse gases qualified as pollutants under the Clean Air Act. As Emily wrote last week, “the agency claims that its previous read of Massachusetts v. EPA was wrong, especially in light of subsequent Supreme Court decisions, such as West Virginia v. EPA and Loper Bright v. Raimondo. The former limited the EPA's toolbox for regulating power plants, and the latter ended a requirement that courts defer to agency expertise in cases where the law is vague.” An earlier report in The Washington Post questioned whether the agency would proceed with the repeal at all, fearing these arguments would pass muster in the nation’s highest court.
BYD has sued the United States government over the 100% tariff on Chinese electrics that serves as an effective ban on Beijing’s booming auto exports. Four U.S.-based subsidiaries of the world’s largest manufacturer of electric vehicles filed a lawsuit in the U.S. Court of International Trade challenging the legality of the Trump administration’s trade levies. The litigation marks what the state-backed tabloid Global Times called “the first instance of a Chinese automaker directly and actively challenging U.S. tariffs, setting a precedent and carrying significance for Chinese enterprises to protect their legitimate rights and interests through legal means.”
Outside the U.S., BYD is booming. China’s cheap electric cars are popular all over the world, as Heatmap’s Shift Key podcast covered in December. Canadian Prime Minister Mark Carney’s deal to increase trade with China will bring the battery-powered vehicles to North American roads. And the Chinese edition of the trade publication Automotive News just reported that BYD is planning a factory expansion in Europe and Canada.
Hot off last month’s news that it plans to go public, Fervo Energy has drilled its highest-temperature well yet. The drilling results confirm that the next-generation geothermal startup tapped into a resource with temperatures above 555 degrees Fahrenheit at approximately 11,200 feet deep. The company announced the findings Monday of an independent assessment using appraisal data from the drilling. The analysis found that the Project Blanford site in Millard County, Utah, has multiple gigawatts of heat that can be harnessed. Its completion will be a breakthrough for enhanced geothermal systems, one of two leading approaches to the next-generation geothermal sector that Heatmap’s Matthew Zeitlin outlined here. “This latest ultra-high temperature discovery highlights our team’s ability to detect and develop EGS sweet spots using AI-enhanced geophysical techniques,” Jack Norbeck, Fervo’s co-founder and chief technology officer, said in a statement.
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Chinese scientists have for the first time discovered natural hydrogen sealed in microscopic inclusions near Tibet. The finding, which the Xinhua news agency called “groundbreaking,” fills what the China Hydrogen Bulletin called “a major domestic research gap and points to a new geological pathway for identifying China’s next generation of clean energy resources.” Natural, or geological, hydrogen could provide a cheap source of the zero-carbon fuel and give oil and gas drillers a natural foothold in a new, clean industry. In the color spectrum associated with hydrogen, the rare, naturally formed stuff is called white hydrogen. But as Heatmap’s Katie Brigham wrote in December, a new color has joined the rainbow. Orange hydrogen refers to a family of technologies that naturally spur production of the gas, as the startup Vema is now attempting to do.
China’s coal-fired power generation decreased 1.9% last year, marking what the consultancy Wood Mackenzie called “a historic shift driven by new non-fossil generation that has finally outpaced demand growth.” Power demand surged 5% in China last year, but for the first time in a decade that wasn’t propelled by coal plants. Instead, that new demand was supplied by renewables, nuclear, and hydro, all of which Beijing has rapidly deployed. Over that time, the levelized cost of energy — a widely used though, as Matthew wrote last year, far-from-perfect metric — fell 77% for utility-scale solar and 73% for onshore wind. “At the heart of this transformation is the unprecedented expansion of renewable energy capacity,” Sharon Feng, a senior research analyst for Wood Mackenzie, said in a statement. “China’s wind and solar capacity had risen more than ten-fold to 1,842 gigawatts over the past decade.”
Gone are the days when the oil industry seemed to be on track for a lucrative decline. Demand for crude will take longer to peak than previously estimated as governments prioritize growth and energy security over efforts to curb consumption. That’s according to a report issued Sunday by Vitol Group, the world’s largest independent oil trader. “Over the past year, decarbonisation policies have become a less decisive driver of efforts to curb oil consumption and reduce carbon dioxide emissions,” the report stated, according to Bloomberg. “Policy priorities have increasingly been reframed around economic competitiveness and geopolitical strategy.”
The race for a long-duration energy storage solution has a new competitor. The Dutch startup Ore Energy has deployed its iron-air storage technology successfully on the grid for a technical pilot of its system that can store for 100 hours of power. The pilot, the first of its kind in Europe, demonstrated that the company’s technology can store and discharge energy for up to four days. “This pilot allowed us to evaluate iron-air performance under European operating profiles and real-world grid conditions,” Aytaç Yilmaz, co-founder and CEO of Ore Energy, said in a statement.
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There is a heat wave in Europe, the world’s fastest warming continent. And so, as you may have heard, a perennial topic of online climate discourse has returned: Why don’t more Europeans have air conditioning?
I’m partially convinced this is psy op, or at least a figment of how social media organizes attention. I have a hypothesis that various “For You” page algorithms, especially that of the social network X, began to reward content that performed unusually well across national borders a few years ago. Since then, the amount of America vs. Europe content has surged. (Of course, writers have been comparing American and European lifestyles for much longer than that.)
Suffice it to say, though: It’s a fraught topic. I’ve assumed that as extreme heat gets worse as the climate changes, Europeans will simply get on with it and install AC, much as Americans in the Pacific Northwest have done. Yet there are cultural and regulatory obstacles to AC’s growth in Europe.
I’m sure I’ll write about it in the future, but for now I want to get a grip on the facts themselves. And so as a Friday special, I present to you — the facts about European AC, as I understand it:
Thanks so much for reading, and talk soon.
The movement against data centers is raising up a raison d'etre of the anti-renewables movement: protecting would-be farmland.
Farm owners and operators across the U.S. are winning national headlines almost every week for rejecting big dollar offers from data center developers. In Hanover County, Virginia, protestors are chanting “Grow Tomatoes, Not Data Centers.” In Pennsylvania and elsewhere, Republican legislators are mulling proposals to block the sale of so-called “prime farmland” for data center development. In Texas, the fight over data center development has engulfed the race for the state’s ag commissioner seat. In the Midwest, where agriculture reigns supreme, statewide races and congressional campaigns are slowly but surely being defined by the issue. Like in Nebraska where Austin Ahlman, an independent candidate running for Congress in Nebraska’s first district, told me he believes the data center backlash is reflective of a populist politics that broadly criticize elites and top-down control of the economy: “I think sometimes people misunderstand the anxieties of rural Americans when it comes to these data centers because a lot of their fears are about control long term.”
Unlike the farmland backlash around renewable energy development, the loudest critics are on the anti-monopolist left. On Wednesday, the prominent opposition group Food and Water Watch signaled farmland could soon be a watchword in the national data center debate – in a fashion analogous to what we’ve seen with renewable energy. The organization’s blog post entitled “The AI Data Center Boom Is Coming for Farmers” declared data centers verboten because of the threat they posed to “small and midsized family farmers.” Mitch Jones, deputy director of the campaign outfit, said he believes the threat to farmland is “a compelling reason to oppose data center development” but that his organization’s fight is primarily focused on protecting small business owners and an anti-monopoly sentiment.
“If data centers are coming into their areas, this puts even more pressure on them. It drives up the cost of their electricity, just as it does anyone else. It competes with them for water for crops, and it affects the value of their land in a perverse way,” Jones told me.
None of this should be surprising. An agricultural workforce has always been a good barometer for figuring out if a community will accept new infrastructure of any kind. We’ve seen as much time and time again with renewable energy, carbon capture, fossil energy and mining, just to name a few industries.
This same rule is true with data centers. In April, county commissioners in Kosciusko County, Indiana, unanimously rejected a Prologis data center; nearly 90% of acreage in Kosciusko County is being actively farmed, according to the Heatmap Pro database. Linn County, Iowa, in February enacted a rule severely restricting data center development in unincorporated areas; almost three-fourths of the land is used by the ag sector. A potential Amazon facility is causing heartburn in Clinton County, Ohio; nearly all land in the county is used for farming and utility-scale solar development has a recent history of conflict with landowners.
To be candid, I’m struck by the similarity in the backlash over siting data centers on farmland – a resemblance so close that some counties are starting to restrict renewable energy and data center development on farmland at the same time. This week, Eau Claire County, Wisconsin created a new “farmland preservation plan” discouraging utility-scale solar energy and data centers on any potential farmland. (More than 40% of land in this county is currently being used for farmland, according to Heatmap Pro.)
Jones at Food and Water Watch said his organization taking on the “protect farmland” mantle had nothing to do with the success this argument has had against renewable energy. “That thought never entered my head,” he told me, adding that if communities respond to the data center backlash by taking steps that short-circuit solar and wind too, that’s “a coincidence.”
I kept pressing. What if the pivot to farmland protection leads to more communities restricting renewable energy along with the data centers? “If you’re looking for a reason to oppose solar and wind, you can come up with that without having to attach data centers to it,” Jones said. “We’ve seen rural communities oppose solar and wind before data centers blew up across the country. It’s nothing new.”
And more of the week’s top news around project fights.
1. Virginia Beach, Virginia – The right-wing interest group lawsuit against Dominion Energy’s Coastal Virginia offshore wind is now dead, concluding one of the wackier tales of the Trump 2.0 energy era.
2. Box Elder County, Utah – Call it the Box Elder County massacre.
3. Davidson County, Tennessee – We have the latest updates in the Nashville Zoo data center drama and they’re a doozy and a half.
4. Clark County, Ohio – Yet another utility-scale solar farm is in the Ohio state permitting graveyard.