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AM Briefing

Trump Goes for the Climate Killshot

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

Lee Zeldin.
Heatmap Illustration/Getty Images

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 TOP FIVE

1. Trump goes for the climate killshot

EPA Administrator Lee Zeldin. Kevin Lamarque-Pool/Getty Images

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.

2. BYD sues the Trump administration over Chinese electric car ban

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.

3. Fervo just drilled its hottest well yet

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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4. China makes a major discovery of natural hydrogen

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.”

5. The world’s largest independent oil trader says demand will take longer to peak

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 KICKER

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.

Red

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Q&A

How to Channel Voters’ Anxieties About Data Centers

A conversation with the Guardrails Alliance’s Shaunna Thomas.

The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.

After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.

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Hotspots

Consider the Lobstermen Affected by New York’s Empire Wind

Plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.

  • In late October, a family of lobstermen sued Equinor in federal court claiming the company’s compensatory mitigation program is failing to adequately make up for alleged negative impacts to lobster fishing grounds in the New York Bight. According to the lawsuit, the wind project irreparably hurt fishing in previously trafficked waters. The suit also claims that Empire Wind construction destroyed lobster fishing pots and seeks at least $75,000 in damages as well as punitive damages and attorneys’ fees.
  • The lawsuit is the first I have seen involving someone in aquaculture suing for damages over negative impacts of an already-constructed wind project, and it carries outsized implications as the Trump administration remands without vacatur the construction and operations plans for other offshore wind farms. This case is far from being decided, but that doesn’t matter: It is precisely the kind of complaint that Trump officials are likely to consider as they mull revisions to operational plans.
  • An Equinor spokesman declined to comment on the case, telling me they don’t speak on pending litigation.

2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.

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Spotlight

Data Center Developers Can’t Pay People Enough to Accept Them

Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.

Donald Trump and data center protesters.
Heatmap Illustration/Getty Images

This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.

Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.

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