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♫ It’s getting hot in here, so close up all your domes ♫
Home runs ain’t the half of it.
Last week, the Bulletin of the American Meteorological Society issued a widely cited report that found global warming is “juicing” baseballs. The result is an extra 50 or so home runs per year in the major leagues. “It’s basic physics,” The Associated Press explained. “When air heats up, molecules move faster and away from each other, making the air less dense. Baseballs launched off a bat go farther through thinner air because there’s less resistance to slow the ball.”
Baseball fans have long been aware that hot weather makes for more home runs, so it follows that increasing temperatures will have an impact on the game in the years ahead. But MLB has more to worry about than the game becoming boring again because of too many dingers. Here are a few more ways climate change could irrevocably alter the future of America’s favorite past time:
We’ve already covered how the ball will behave differently off the bat. But what about out of the hand?
Heat and high humidity mean less air density, which in turn causes “fastballs to be faster, curveballs to curve less, and spin rates of pitches to be higher,” wrote Lawrence Rocks for SABR’s “Future of Baseball” issue in 2021. Of course, “these factors will cause pitchers to change their usage percentages on their pitch selection.”
As lowland parks grow hotter, we can expect them to behave more like the famously thin-aired Coors Field in Denver — particularly Atlanta, Kansas City, and Houston, which have among the lowest air densities of the Major League stadiums. Heat and humidity will cause baseballs to move more quickly out of the hand while the reduction in the Magnus force will cause them to break more poorly. And if fastballs get faster and curveballs break less, you can naturally expect to see more heaters in the game — and potentially more strikeouts as a result.
At the time of first pitch in Seattle, the Air Quality Index was 220. During the nine innings that followed, it would peak at 240 — more than twice the satisfactory level and “unhealthy for all groups.”
The year was 2020, and wildfires up and down the West Coast were making the empty stadiums even more apocalyptic. Shortly after smoke turned the Bay Area a dystopian orange, MLB decided to move home games from Seattle to San Francisco’s Oracle Park — because the air quality in the Pacific Northwest at that point was too unsafe for athletes.
\u201cA look outside the San Francisco Giants' stadium today.\u201d— SportsCenter (@SportsCenter) 1599694410
It won’t be the last time baseball games are moved or even postponed due to air quality from fires. In 2022, perhaps against better judgment, the Mariners played the ALDS against the Astros when the AQI was 158. Though the unwritten rule is to postpone games when the AQI tops 200, players are beginning to push back, saying — rightfully — that prolonged exposure to inhaling smoke is dangerous. “It’s not like if you’re below 200, everything is fine, and if you’re above 200, everybody is severely affected,” a public health official pointed out to The Athletic. “There’s a whole continuum.”
If the Oakland Athletics move to Las Vegas, they’re all but certain to become the ninth Major League baseball team with at least the ability — if not the necessity — to play indoors.
In addition to the fully enclosed Tropicana Dome in Tampa Bay, seven stadiums currently have retractable roofs. And it is in the warmest, sunniest markets where those roofs most often remain closed: “Miami … played under an open roof just five times in the past two seasons — combined,” Fox Weather reports. The Rangers, meanwhile, replaced their only-26-year-old ballpark in 2019 because it had gotten literally too hot to play in Texas without air conditioning.
It’s not uncommon for the remaining open-air ballparks to top 95 degrees in the summer — a miserable experience for players and fans alike. Without covering more ballparks, injuries could climb and attendance could drop. “People might just say forget about it. I’m not going to a baseball game. It’s 105 degrees,” Brad Humphreys, professor of economics at West Virginia University, told Capital News Service.
Triple-A baseball introduced electronic strike zones this season, fueling speculation that the controversial robo-ump system could be coming to the Major Leagues next. But there is one big reason in favor of electronic strike zones that doesn’t often get mentioned in the debate: climate change.
A recent study found that “umpires call pitches less accurately in uncomfortable temperatures, with performance at its worst in extreme heat conditions,” Monmouth University writes. Incorrect calls were made at a rate of about 1% worse when temperatures topped 95 degrees. And while that might seem insignificant, “it is non-trivial for this high-revenue, high-stakes industry,” the study’s author, Monmouth associate professor of economics Eric Fesselmeyer, said. “Moreover, high temperatures cause an even greater decrease in accuracy on close-call pitches along the edges of the strike zone.”
Aggression and violence rise with the temperatures. In one study, violent crimes went up by as much as 5.7% on days with a maximum daily temperature above 85 degrees, and as much as 10% on days above about 88.
As dugouts and diamonds get hotter, tempers will too. But there is another reason to believe there will be more bench-clearing brawls beyond heat-induced short-fuses. According to a study published in the Personality and Social Psychology Bulletin in 1991, “a positive and significant relationship was found between temperature and the number of hit batters per game, even when potentially confounding variables having nothing to do with aggression were partialed out.”
Similarly, Duke University’s Fuqua School of Business found in 2011 that “pitchers whose teammates get hit by a pitch are more likely to retaliate and plunk an opposing batter when the temperature reaches 90 degrees than when it is cooler.” Curiously, if no one has been hit in a game, the study found “high temperatures have little effect on a pitcher’s behavior.” As one of the researchers put it, “heat affects a specific form of aggression. It increases retribution.”
Hurricane Ian — the category 4 hurricane that slammed southwest Florida last September — was the state’s costliest storm, inflicting $109 billion in damage including “totally” destroying 900 structures in Fort Meyers Beach alone. Among the damages: CenturyLink Sports Complex, the spring training facility of the Minnesota Twins; Fenway South, the Boston Red Sox’s facility; and Charlotte Sports Park, the Tampa Bay Rays’ spring training home, which sustained damage so extensive that the team had to find another stadium to practice in during the 2023 spring training season.
The lasting damage of the storm extends beyond the physical: “Hurricane Ian’s impact on Lee County likely played a role in depressing the crowds at Red Sox and Twins games this year,” Fort Myers News-Press reports.
There are no murmurs of moving the Grapefruit League’s spring training facilities — yet. But already the rising sea levels and storms of Florida are ruling out new stadium locations, including at least one potential regular-season home for the Rays. “Sites that once appeared to be great places to build a ballpark are now expected to be underwater,” the team president said. With climate already costing teams money and fans, as well as being a deciding factor in new builds, the Grapefruit League could prudently decide to uproot for higher grounds.
Homebuyers are taking into account the future climate conditions of potential properties, and if MLB is wise, it will do the same when considering team expansion.
From a climate standpoint, it already seems egregious to move a team to a desert city that is running out of drinkable water in the summer, though the Oakland A’s potential relocation to Las Vegas is still very much on the table. But when MLB looks at locations to expand to — Portland, Mexico City, North Carolina, Nashville, Montreal, and Vancouver have also been floated — the climate calculus becomes ever more important.
In 60 years, Portland will have a climate similar to Sacramento, complete with the threat of wildfire smoke. Mexico City is getting hotter, drier, and sinking. Charlotte and Raleigh will eventually “resemble the Florida panhandle, specifically Tallahassee, which is 12.6 °F warmer and 10.6% to 14.4% wetter than winter in Charlotte and Raleigh. Nashville is not too far, with Mobile, Alabama serving as its closest projection,” Fangraphs writes in an assessment of the future of ballparks in the climate crisis.
Unsurprisingly, with an eye for the future, it is the northernmost cities that look like the best options to withstand climate change impacts: “Vancouver and Montreal could look toward current day T-Mobile Park and Citizens Bank Park as examples of how to keep fans comfortable during games.”
Over the course of 12 months between 2019 and 2020, 10% of MLB teams switched from real grass to turf. “The three stadiums that replaced their grass share a lot in common,” wrote The Wall Street Journal at the time: “They play in cities with extreme weather and have retractable roofs.”
In Arizona, for example, real grass required sunlight — and thus an open roof — until between 4 p.m. and 7 p.m., which meant that players often worked out before games in temperatures of 110 degrees or more. By the time fans arrived, the building would still be sweltering, air conditioning not having yet kicked in. But by switching to turf, “the roof can remain closed all summer.”
Switching to turf also eliminates the demands of watering: Conservatively, about 62,500 gallons of water a week are required to maintain an average field, an amount 89 homes would use in the same amount of time. Though that water is likely negligible in the grand scheme of things, it’s important for teams to take “social responsibility” by “walking the walk,” Diamondbacks president and CEO Derrick Hall told The Associated Press.
Turf remains controversial — it can affect the bounce of balls and result in higher rates of injuries. Recent advances in turf technology, though, are making it more appealing for teams and the planet.
Anyone who’s ever watched nine innings of live baseball knows the kind of mess fans leave behind: peanut shell piles; beer cups; burger trays; plastic ice cream bowls shaped like hats; abandoned bobbleheads. Overall, baseball audiences create more than 1,000 tons of waste every season, according to the Green Sports Alliance.
A growing number of stadiums are now aspiring to contribute less to landfills, including by using compostable serving items and reducing food waste. But one place waste is still frequently overlooked is in promotional giveaways.
Every year, MLB gives away around four million bobbleheads in addition to other tchotchkes like branded visors, T-shirts, sunglasses, and bags. While some of these end up as treasured pieces of home collections, the vast majority are junk destined for landfills.
Though teams show no sign of forgoing giveaways anytime soon, the more environmentally conscious parks may begin to consider new ways of reducing their waste — including by curbing handouts of cheaply made petroleum products and environmentally taxing garments that no one actually needs.
Every year, athletes end up on the Injured List for reasons ranging from benign to ridiculous. Now there is a new reason to be pulled from a game: heat illness. During one 2018 game at Wrigley Field with a heat index of 107, four players ultimately left the field for temperature-related causes, including three who had to be treated with IV fluids. During another game in 2021, a 28-year-old pitcher vomited on the mound in New York City. Diagnosis? Heat exhaustion.
Normal sports injuries also spike as it gets warmer. “We always had what seemed to be a lot more soft-tissue leg injuries than some of the other clubs. Hamstrings, calf injuries, from guys running the bases,” a former Rangers trainer told The Atlantic in 2016, prior to the construction of the team’s new air-conditioned stadium. “Our staff attributed that to the excessive heat and the fatigue.”
The prevalence of naturally occurring injuries could go up too because as players get dehydrated, their brain, thought capacity, and reflexes “are affected and the player is not able to react immediately on the field,” a 2021 study by the International Journal of Physical Education found. “The player will be injured due to a fall or collision with another player or being hit by a ball.”
Tragically, rising temperatures also are known to contribute to an increased number of deaths, a pattern already observable in high school football. Baseball fans and minor league athletes have already died due to heat-related causes — an awful pattern that isn’t likely to abate.
In 2017, the mercury during the first game of the World Series in Los Angeles hit 103 degrees after 5 p.m.; the same year, the Oakland A’s Triple-A affiliate played in 111-degree heat in Las Vegas. On average, the temperature across the 27 Major League Baseball cities has risen over two degrees since 1970. And “the difference in home run rates between a 90-degree day and a 40-degree day is roughly equivalent to the difference between hitting in Citizens Bank Park” — which is small — “versus Citi Field,” which is comparatively huge, ESPN reports.
In our hotter, damper future, baseball will be a markedly different game than it was 50 years ago — or even now. Heat will affect players’ reflexes and focus. Balls will move differently through thinner, warmer air. Fielding could change ever so slightly as turf becomes more common, and pitchers might switch up their pitches as electronic strike zones come into use and curveballs become less effective.
All good statistical comparisons need context, and that is especially true in the ever-changing sport of baseball. But in the next century of the sport, it is all but certain that the literal environment of the games — from the weather to the air density to the AQI — will be a necessary asterisk beside unusual home runs and IL designations. One day, announcers may even reminisce about “open air” stadiums from their climate-controlled booths during downtime on broadcasts. Perhaps we’ll even have a name for the days of comparatively thicker air: the “cool-ball era.”
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On a new plan for an old site, tariffs on Canada, and the Grain Belt Express
Current conditions: Phoenix will “cool” to 108 degrees Fahrenheit today after hitting 118 degrees on Thursday, its hottest day of the year so far • An extreme wildfire warning is in place through the weekend in Scotland • University of Colorado forecasters decreased their outlook for the 2025 hurricane season to 16 named storms, eight hurricanes, and three major hurricanes after a quiet June and July.
President Trump threatened a 35% tariff on Canadian imports on Thursday, giving Prime Minister Mark Carney a deadline of August 1 before the levies would go into effect. The move follows months of on-again, off-again threats against Canada, with former Canadian Prime Minister Justin Trudeau having successfully staved off the tariffs during talks in February. Despite those earlier negotiations, Trump held firm on his 50% tariff on steel and aluminum, which will have significant implications for green manufacturing.
As my colleagues Matthew Zeitlin and Robinson Meyer have written, tariffs on Canadian imports will affect the flow of oil, minerals, and lumber, as well as possibly break automobile supply chains in the United States. It was unclear as of Thursday, however, whether Trump’s tariffs “would affect all Canadian goods, or if he would follow through,” The New York Times reports. The move follows Trump’s announcement this week of tariffs on several other significant trade partners like Japan and South Korea, as well as a 50% tariff on copper.
The long beleaguered Lava Ridge Wind Project, formally halted earlier this year by an executive order from President Trump, might have a second life as the site for small modular reactors, Idaho News 6 reports. Sawtooth Energy Development Corporation has proposed installing six small nuclear power generators on the former Lava Ridge grounds in Jerome County, Idaho, drawn to the site by the power transmission infrastructure that could connect the region to the Midpoint Substation and onto the rest of the Western U.S. The proposed SMR project would be significantly smaller in scale than Lava Ridge, which would have produced 1,000 megawatts of electricity on a 200,000-acre footprint, sitting instead on 40 acres and generating 462 megawatts, enough to power 400,000 homes.
Sawtooth Energy plans to hold four public meetings on the proposal beginning July 21. The Lava Ridge Wind Project had faced strong local opposition — we named it the No. 1 most at-risk project of the energy transition last fall — due in part to concerns about the visibility of the turbines from the Minidoka National Historic Site, the site of a Japanese internment camp.
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Republican Senator Josh Hawley of Missouri said on social media Thursday that Energy Secretary Chris Wright had assured him that he will be “putting a stop to the Grain Belt Express green scam.” The Grain Belt Express is an 804-mile-long, $11 billion planned transmission line that would connect wind farms in Kansas to energy consumers in Missouri, Illinois, and Indiana, which has been nearing construction after “more than a decade of delays,” The New York Times reports. But earlier this month, Missouri Attorney General Andrew Bailey, a Republican, put in a request for the local public service commission to reconsider its approval, claiming that the project had overstated the number of jobs it would create and the cost savings for customers. Hawley has also been a vocal critic of the project and had asked the Energy Department to cancel its conditional loan guarantee for the transmission project.
New electric vehicles sold in Europe are significantly more environmentally friendly than gas cars, even when battery production is taken into consideration, according to a new study by the International Council on Clean Transportation. Per the report, EVs produce 73% less life-cycle greenhouse gas emissions than combustion engine cars, even considering production — a 24% improvement over 2021 estimates. The gains are also owed to the large share of renewable energy sources in Europe, and factor in that “cars sold today typically remain on the road for about 20 years, [and] continued improvement of the electricity mix will only widen the climate benefits of battery electric cars.” The gains are exclusive to battery electric cars, however; “other powertrains, including hybrids and plug-in hybrids, show only marginal or no progress in reducing their climate impacts,” the report found.
Aryna Sabalenka attempts to cool down during her Ladies' Singles semi-final at Wimbledon on Thursday.Julian Finney/Getty Images
With the United Kingdom staring down its third heatwave in a month this week, a new study warns of dire consequences if homes and cities do not adapt to the new climate reality. According to researchers at the University College London and the London School of Hygiene and Tropical Medicine, heat-related deaths in England and Wales could rise 50-fold by the 2070s, jumping from a baseline of 634 deaths to 34,027 in a worst-case scenario of 4.3 degrees Celsius warming, a high-emissions pathway.
The report specifically cited the aging populations of England and Wales, as older people become more vulnerable to the impacts of extreme heat. Low adoption of air conditioning is also a factor: only 2% to 5% of English households use air conditioning, although that number may grow to 32% by 2050. “We can mitigate [the] severity” of the health impacts of heat “by reducing greenhouse gas emissions and with carefully planned adaptations, but we have to start now,” UCL researcher Clare Heaviside told Sky News.
This week, Centerville, Ohio, rolled out high-tech recycling trucks that will use AI to scan the contents of residents’ bins and flag when items have been improperly sorted. “Reducing contamination in our recycling system lowers processing costs and improves the overall efficiency of our collection,” City Manager Wayne Davis said in a statement about the AI pilot program, per the Dayton Daily News.
Or at least the team at Emerald AI is going to try.
Everyone’s worried about the ravenous energy needs of AI data centers, which the International Energy Agency projects will help catalyze nearly 4% growth in global electricity demand this year and next, hitting the U.S. power sector particularly hard. On Monday, the Department of Energy released a report adding fuel to that fire, warning that blackouts in the U.S. could become 100 times more common by 2030 in large part due to data centers for AI.
The report stirred controversy among clean energy advocates, who cast doubt on that topline number and thus the paper’s justification for a significant fossil fuel buildout. But no matter how the AI revolution is powered, there’s widespread agreement that it’s going to require major infrastructure development of some form or another.
Not so fast, says Emerald AI, which emerged from stealth last week with $24.5 million in seed funding led by Radical Ventures along with a slew of other big name backers, including Nvidia’s venture arm as well as former Secretary of State John Kerry, Google’s chief scientist Jeff Dean, and Kleiner Perkins chair John Doerr. The startup, founded and led by Orsted’s former chief strategy and innovation officer Varun Sivaram, was built to turn data centers from “grid liabilities into flexible assets” by slowing, pausing, or redirecting AI workloads during times of peak energy demand.
Research shows this type of data center load flexibility could unleash nearly 100 gigawatts of grid capacity — the equivalent of four or five Project Stargates and enough to power about 83 million U.S. homes for a year. Such adjustments, Sivaram told me, would be necessary for only about 0.5% of a data center’s total operating time, a fragment so tiny that it renders any resulting training or operating performance dips for AI models essentially negligible.
As impressive as that hypothetical potential is, whether a software product can actually reduce the pressures facing the grid is a high stakes question. The U.S. urgently needs enough energy to serve that data center growth, both to ensure its economic competitiveness and to keep electricity bills affordable for Americans. If an algorithm could help alleviate even some of the urgency of an unprecedented buildout of power plants and transmission infrastructure, well, that’d be a big deal.
While Emerald AI will by no means negate the need to expand and upgrade our energy system, Sivaram told me, the software alone “materially changes the build out needs to meet massive demand expansion,” he said. “It unleashes energy abundance using our existing system.”
Grand as that sounds, the fundamental idea is nothing new. It’s the same concept as a virtual power plant, which coordinates distributed energy resources such as rooftop solar panels, smart thermostats, and electric vehicles to ramp energy supply either up or down in accordance with the grid’s needs.
Adoption of VPPs has lagged far behind their technical potential, however. That’s due to a whole host of policy, regulatory, and market barriers such as a lack of state and utility-level rules around payment structures, insufficient participation incentives for customers and utilities, and limited access to wholesale electricity markets. These programs also depend on widespread customer opt-in to make a real impact on the grid.
“It’s really hard to aggregate enough Nest thermostats to make any kind of dent,”” Sivaram told me. Data centers are different, he said, simply because “they’re enormous, they’re a small city.” They’re also, by nature, virtually controllable and often already interconnected if they’re owned by the same company. Sivaram thinks the potential of flexible data center loads is so promising and the assets themselves so valuable that governments and utilities will opt to organize “bespoke arrangements for data centers to provide their services.”
Sivaram told me he’s also optimistic that utilities will offer data center operators with flexible loads the option to skip the ever-growing interconnection queue, helping hyperscalers get online and turn a profit more quickly.
The potential to jump the queue is not something that utilities have formally advertised as an option, however, although there appears to be growing interest in the idea. An incentive like this will be core to making Emerald AI’s business case work, transmission advocate and president of Grid Strategies Rob Gramlich told me.
Data center developers are spending billions every year on the semiconductor chips powering their AI models, so the typical demand response value proposition — earn a small sum by turning off appliances when the grid is strained — doesn’t apply here. “There’s just not anywhere near enough money in that for a hyperscaler to say, Oh yeah, I’m gonna not run my Nvidia chips for a while to make $200 a megawatt hour. That’s peanuts compared to the bazillions [they] just spent,” Gramlich explained.
For Emerald AI to make a real dent in energy supply and blunt the need for an immediate and enormous grid buildout, a significant number of data center operators will have to adopt the platform. That’s where the partnership with Nvidia comes in handy, Sivaram told me, as the startup is “working with them on the reference architecture” for future AI data centers. “The goal is for all [data centers] to be potentially flexible in the future because there will be a standard reference design,” Sivaram said.
Whether or not data centers will go all in on Nvidia’s design remains to be seen, of course. Hyperscalers have not typically thought of data centers as a flexible asset. Right now, Gramlich said, most are still in the mindset that they need to be operating all 8,760 hours of the year to reach their performance targets.
“Two or three years ago, when we first noticed the surge in AI-driven demand, I talked to every hyperscaler about how flexible they thought they could be, because it seemed intuitive that machine learning might be more flexible than search and streaming,” Gramlich told me. By and large, the response was that while these companies might be interested in exploring flexibility “potentially, maybe, someday,” they were mostly focused on their mandate to get huge amounts of gigawatts online, with little time to explore new data center models.
“Even the ones that are talking about flexibility now, in terms of what they’re actually doing in the market today, they all are demanding 8,760 [hours of operation per year],” Gramlich told me.
Emerald AI is well aware that its business depends on proving to hyperscalers that a degree of flexibility won’t materially impact their operations. Last week, the startup released the results of a pilot demonstration that it ran at an Oracle data center in Phoenix, which proved it was able to reduce power consumption by 25% for three hours during a period of grid stress while still “assuring acceptable customer performance for AI workloads.”
It achieved this by categorizing specific AI tasks — think everything from model training and fine tuning to conversations with chatbots — from high to low priority, indicating the degree to which operations could be slowed while still meeting Oracle’s performance targets. Now, Emerald AI is planning additional, larger-scale demonstrations to showcase its capacity to handle more complex scenarios, such as responding to unexpected grid emergencies.
As transmission planners and hyperscalers alike wait to see more proof validating Emerald AI’s vision of the future, Sivaram is careful to note that his company is not advocating for a halt to energy system expansion. In an increasingly electrified economy, expanding and upgrading the grid will be essential — even if every data center in the world has a flexible load profile.
’We should be building a nationwide transmission system. We should be building out generation. We should be doing grid modernization with grid enhancing technologies,” Sivaram told me. “We just don’t need to overdo it. We don’t need the particularly massive projections that you’re seeing that are going to cause your grandmother’s electricity rates to spike. We can avoid that.”
The saga of the Greenhouse Gas Reduction Fund takes another turn.
On July 3, just after the House voted to send the reconciliation bill to Trump’s desk, a lawyer for the Department of Justice swiftly sent a letter to the U.S. Court of Appeals for the D.C. Circuit. Once Trump signed the One Big Beautiful Bill Act into law, the letter said, the group of nonprofits suing the government for canceling the biggest clean energy program in the country’s history would no longer have a case.
It was the latest salvo in the saga of the Greenhouse Gas Reduction Fund, former President Joe Biden’s green bank program, which current Environmental Protection Agency Administrator Lee Zeldin has made the target of his “gold bar” scandal. At stake is nearly $20 billion to fight climate change.
Congress created the program as part of the Inflation Reduction Act in 2022. It authorized Biden’s EPA to award that $20 billion to a handful of nonprofits that would then offer low-cost loans to individuals and organizations for solar installations, building efficiency upgrades, and other efforts to reduce emissions. The agency announced the recipients last summer, before its September deadline to get the funds out.
Then Trump took office and ordered his agency heads to pause and review all funding for Inflation Reduction Act programs.
In early March, buoyed by a covert video of a former EPA employee making an unfortunate and widely misunderstood comparison of the effort to award the funding to “throwing gold bars off the edge” of the Titanic, Zeldin notified the recipients that he was terminating their grant agreements. He cited “substantial concerns” regarding “program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with agency’s priorities.”
In court proceedings over the decision, the government has yet to cite any specific acts of fraud, waste, or abuse that justified the termination — a fact that the initial judge overseeing the case pointed out in mid-April when she ordered a preliminary injunction blocking the EPA from canceling the grants. But the EPA quickly appealed to the D.C. Circuit Court, which stayed the lower court’s injunction. The money remains frozen at Citibank, which had been overseeing its disbursement, as the parties await the appeals court’s decision.
As all of this was playing out, Congress wrote and passed the One Big Beautiful Bill Act. The new law rescinds the “unobligated” funding — money that hasn’t yet been spent or contracted out — from nearly 50 Inflation Reduction Act programs, including the Greenhouse Gas Reduction Fund. According to an estimate from the Congressional Budget Office, the remaining balance in the fund was just $19 million.
The Trump administration, however, is arguing in court that the OBBBA doesn’t just recoup that $19 million, but also the billions in awards at issue in the lawsuit. Congress has rescinded “the appropriated funds that plaintiffs sought to reinstate through this action,” Principal Deputy Assistant Attorney General Yaakov Roth wrote in his July 3 letter, implying that the awards were no longer officially “obligated” and that all of the money would have to be returned. Therefore, “it is more clear than ever that the district court’s preliminary injunction must be reversed,” he wrote.
Roth cited a statement that Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, made on the floor of the Senate in June. She said she agreed with Zeldin’s decision to cancel the Greenhouse Gas Reduction Fund grants, and that it was Congress’ intent to rescind the funds that “had been obligated but were subsequently de-obligated” — about $17 billion in total. She did not acknowledge that Zeldin’s decision was being actively litigated in court.
On Monday, attorneys for the plaintiffs fired back with a message to the court that the reconciliation bill does not, in fact, change anything about the case. They argued that the EPA broke the law by canceling the grants, and that the OBBBA can’t retroactively absolve the agency. They also served up a conflicting statement that Capito made about the fund to Politico in November. “We’re not gonna go claw back money,” she said. “That’s a ridiculous thought.”
Capito’s colleague Sheldon Whitehouse, a Democrat, offered additional evidence on the floor of the Senate Wednesday. He cited the Congressional Budget Office’s score of the repeal of the program of $19 million, noting that it was the amount “EPA had remaining to oversee the program” and that “at no point in our discussions with the majority, directly or in our several conversations with the Parliamentarian, was this score disputed.” Whitehouse also called up a previous statement made by Republican Representative Morgan Griffith, a member of the House Energy and Commerce Committee, during a markup of the bill. “I just want to point out that these provisions that we are talking about only apply as far, as this bill is concerned, to the unobligated balances,” Griffith said.
Regardless, it will be up to the D.C. Circuit Court as to whether the lower court’s injunction was warranted. If it agrees, the nonprofit awardees may still, in fact, be able to get the money flowing for clean energy projects.
“Wishful thinking on the part of DOJ does not moot the ongoing litigation,” Whitehouse said.