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Plus news on cloud seeding, fission for fusion, and more of the week’s biggest money moves.

From beaming solar power down from space to shooting storm clouds full of particles to make it rain, this week featured progress across a range of seemingly sci-fi technologies that have actually been researched — and in some cases deployed — for decades. There were, however, few actual funding announcements to speak of, as earlier-stage climate tech venture funds continue to confront a tough fundraising environment.
First up, I explore Meta’s bet on space-based solar as a way to squeeze more output from existing solar arrays to power data centers. Then there’s the fusion startup Zap Energy, which is shifting its near-term attention toward the more established fission sector. Meanwhile, a weather modification company says it’s found a way to quantify the impact of cloud seeding — a space-age sounding practice that’s actually been in use for roughly 80 years. And amidst a string of disappointments for alternate battery chemistries, this week brings multiple wins for the sodium-ion battery sector.
One might presume that terrestrial solar paired with batteries would prove perfectly adequate for securing 24/7 clean energy moving forward, as global prices for panels and battery packs continue to fall. But the startup Overview Energy, which uses lasers to beam solar power from space directly onto existing solar arrays, thinks its space-based solar energy systems will prove valuable for powering large loads like data centers through the night. Now Meta is backing that premise, signing a first-of-its-kind agreement with Overview this week that secures early access for up to a gigawatt of capacity from the startup’s system.
Initial orbital demonstrations are slated for 2028, with commercial power delivery targeted for 2030. It’s an ambitious timeline, and certainly not the first effort to commercialize space-based solar, though prior analyses have generally concluded that while the physics check out, the economics and logistics don’t. Overview Energy thinks its found the core unlocks though: “geographic untethering,” which allows it to direct its beam to ground-based solar arrays anywhere in the world based on demand, and high-efficiency lasers capable of converting near-infrared light into electricity much more efficiently than pure sunlight.
The startup is targeting between $60 and $100 per megawatt-hour by 2035, at which point the goal is to be putting gigawatts of space solar on the grid. “It’s 5 o’clock somewhere,” Marc Berte, founder and CEO of Overview Energy, told me when I interviewed him last December. “You’re profitable at $100 bucks a megawatt-hour somewhere, instantaneously, all the time.”
Launch costs have also fallen sharply since the last serious wave of space-solar research, and Overview has already booked a 2028 launch with SpaceX. Solar power beamed from space also sidesteps two earthly constraints — land use and protracted grid interconnection timelines. So while this seemingly sci-fi vision remains unproven, it might be significantly more plausible than it once appeared. And Meta’s certainly not alone in taking that bet — Overview has already raised a $20 million seed round led by Lowercarbon Capital, Prime Movers Lab, and Engine Ventures.
Fusion startups are increasingly looking to nearer-term revenue opportunities as they work toward commercializing the Holy Grail of energy generation. Industry leader Commonwealth Fusion Systems is selling its high-temperature superconducting magnets to other developers, while other companies including Shine Technologies are generating income by producing nuclear isotopes for medical imaging. Now one startup, Zap Energy, is pushing that playbook a step further, announcing this week that it plans to develop fission reactors before putting its first fusion electrons on the grid.
Specifically, the startup is now attempting to develop small modular reactors — hardly a novel idea, as companies like Oklo, Kairos, and TerraPower have already secured significant public and private funding and struck major data center deals. Zap, however, thinks it can catch up to these new competitors in part by leveraging design commonalities between fission and fusion systems, including the use of liquid metals, engineered neutron environments, and high-power-density systems. “Fission and fusion are two expressions of the same underlying physics," Zap’s co-founder Benj Conwayby said in the press release. "This isn’t a pivot — by integrating them into a single platform, we can move faster, reduce risk, and build a more enduring company."
As the company outlines on its website, pursuing both pathways could eventually manifest in the development of a hybrid fusion-fission system, while also giving Zap practical experience interfacing with regulators and securing approvals. As The New York Times reports, the company is targeting an early 2030s timeline for its fission reactors, although Zap has yet to specify a timeline for fusion commercialization. Like so many of its peers, the company is eyeing data centers as a promising initial market, though bringing its first units online will likely require a significant influx of additional capital.
For all the concern surrounding geoengineering fixes for climate change such as solar radiation management, there’s one form of weather modification that’s been in use since the 1940s — cloud seeding. This practice typically involves flying planes into the center of storms and releasing flares that disperse a chemical called silver iodide into the clouds. This causes the water droplets within the clouds to freeze, increasing the amount of precipitation that falls as either rain or snow.
Alarming as it may sound for the uninitiated, there’s no evidence that silver iodide causes harm at current usage levels. But what has been far more difficult to pin down is efficacy — specifically, how much additional precipitation cloud seeding actually creates. That’s where the startup Rainmaker comes in. The company, which deploys unmanned drones to inject the silver iodide, says that its advanced radar and satellite systems indicate that its operations generated over 143 million gallons of additional freshwater in Oregon and Utah this year — roughly equivalent to the annual water usage of about 1,750 U.S. households. The findings have not yet been peer reviewed, but if accurate, they would make Rainmaker the first private company to quantify the impact of its cloud seeding operations.
Cloud seeding is already a well-oiled commercial business, with dozens of states, utility companies and ski resorts alike using it to increase snowfall in the drought-stricken American West and worldwide — China in particular spends tens of millions of dollars per year on the technology. Rainmaker has a particular aspiration: to help restore Utah’s Great Salt Lake, which has been shrinking since the 1980s amid rising water demand and increased evaporation driven by warmer temperatures.
In a press release, the company’s 26-year-old founder and CEO Augustus Doricko said, “With the newfound capability to measure our yields and quantify our results, Rainmaker will go forward and continue our mission to refill the Great Salt Lake, end drought in the American West and deliver water abundance wherever it is needed most around the world."
Sodium-ion batteries have long been touted as an enticing alternative — or at least complement — to lithium-ion systems for energy storage. They don’t rely on scarce and costly critical minerals like lithium, nickel, or cobalt, and have the potential to be far less flammable. The relatively nascent market also offers an opening for the U.S. to gain a foothold in this segment of the battery supply chain. But especially domestically, the industry has struggled to gain traction. Two sodium-ion startups, Natron and Bedrock Materials, both closed up shop last year as prices for lithium-iron-phosphate batteries cratered, eroding sodium-ion’s cost advantage, while the cost of manufacturing batteries in the U.S. constrained their ability to scale.
But one notable bright spot is the startup Alsym Energy, which announced this week that it has signed a letter-of-intent with long-duration energy storage company ESS Inc. for 8.5 gigawatt-hours of sodium-ion cells and modules, marking ESS’s expansion into the short and medium-duration storage market. Alsym’s CEO, Mukesh Chatter, told me this represents the largest deal for sodium-ion batteries in the U.S. to date — although it’s not yet a binding contract. Notably, it came just a day after the world’s largest-ever order for these batteries, as CATL disclosed a 60 gigawatt-hour sodium-ion agreement with energy storage integrator HyperStrong. Taken together, these partnerships suggest the sector is finally picking up durable traction both domestically and abroad.
ESS, however, is facing its own operational headwinds, nearly shuttering its Oregon manufacturing plant last year before securing an unexpected cash infusion and pivoting to a new, longer-duration storage product. Chatter remains exuberant about Alsym’s deal with the storage provider, however, telling me it represents a major proof point in terms of broader industry acceptance and an acknowledgement that “the benefits [sodium-ion] brings to the table are significant enough to overcome any stickiness” and hesitation around adopting new battery chemistries.
Chatter said that interest is now pouring in from all sides, citing inquiries from lithium-ion battery manufacturers, utilities, and defense companies and highlighting use cases ranging from data centers to apartment buildings and mining operations as likely early deployment targets.
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What the heck is “surficial mineralization”?
According to one of the world’s leading carbon removal buyers, the sector’s future lies in piles of industrial waste.
When Frontier, the Stripe-led coalition of carbon removal supporters, announced its latest $915 million funding commitment, it took the opportunity to lay out the five technologies it views as most promising. I was familiar with four of them — ocean alkalinity enhancement, biomass carbon removal and storage, enhanced rock weathering, and direct air capture. Heatmap has covered them all. But the name on the very top of the list stumped me: surficial mineralization.
It sounds technical, and like all methods of carbon removal, it is — sort of. The idea is to take advantage of the tailings ponds and slag heaps left behind by the mining and steelmaking industries. These piles of calcium- or magnesium-rich debris naturally capture and store carbon from the air — not enough to change the trajectory of our warming planet without any human intervention, but managed well, they could one day capture carbon at a significant scale.
How significant, exactly? While there’s been very little action in the space to date, Frontier says surficial mineralization has the potential to remove over 10 gigatons of carbon from the atmosphere per year — as much or more than any other pathway — at an eventual cost of $80 to $120 per ton. That would put it among the cheapest approaches on Frontier’s list, in part because those heaps of industrial waste alone could absorb anywhere from a gigaton to 4 gigatons of carbon before there’s a need to mine rocks solely for carbon removal purposes.
“The beauty of surficial mineralization is twofold,” Hannah Bebbington Valori, who heads the Frontier coalition, told me. “One, we are working with an abundant source of highly reactive rock, and so there is a significant opportunity for carbon dioxide drawdown. And two, it is carbonating in place, and so sufficient mineralization technologies can be considered closed system approaches, and have generally more straightforward measurement reporting and verification infrastructure.”
At a chemical level, the process resembles other carbon removal pathways Frontier champions, such as enhanced rock weathering and ocean alkalinity enhancement. All three rely on alkaline minerals reacting with moisture and ambient carbon dioxide to form stable carbonate compounds that permanently lock away the gas. The difference is exactly where this reaction takes place: While surficial mineralization contains it to waste piles at industrial sites, the other approaches disperse the reaction across open, difficult-to-monitor systems such as farmland soils and the ocean.
That makes measurement, reporting, and verification — known as MRV — far more challenging and expensive for ocean- and soil-based systems, as scientists must track carbon uptake across ecologically complex environments where countless biological and chemical processes are unfolding simultaneously. These intersecting processes makes it difficult to demonstrate that human intervention was responsible for any given ton of carbon removed, as opposed to natural variability. MRV for these pathways thus relies heavily on modeling, which can never provide the same level of certainty as direct measurement.
Surficial mineralization, however, can be measured much more directly. On-site sensors continuously monitor CO2 concentrations above mine tailings or steel slag, providing a real-time signal of how quickly and to what degree the materials are drawing down carbon. Scientists can then validate these measurements in the lab by comparing physical samples of the material taken before and after the reaction, quantifying exactly how much solid carbonate formed as a result of various engineered interventions. The primary tool for this is X-ray diffraction — a well-established geological technique that identifies a sample’s mineral composition like a chemical fingerprint, making it possible to directly measure how much carbon the material locked away.
Don’t mistake the relative simplicity of the MRV framework for evidence that surficial mineralization is a proven carbon removal pathway — the reality is far from it. While mineralization may look simpler than, say, direct air capture, which typically uses giant fans and specialized sorbents to pull CO2 from the air, there are very few companies working in this space today. All are extremely early stage, and the time and capital required to secure feedstock partnerships, gain site access, and acquire necessary industrial equipment remain significant barriers to getting these projects off the ground.
Why is this heavy equipment needed in the first place? Because these waste piles won’t do much carbon capture work if they’re simply left untouched. That’s because the minerals at the pile’s surface will begin to slowly carbonate, eventually becoming fully saturated and acting as a seal that blocks carbon from reaching the reactive minerals below. As yet there’s no consensus on how to most quickly and cost-effectively break through this natural process to maximize carbon uptake — companies are testing a range of approaches, from crushing and spreading material to maximize air exposure (similar to enhanced rock weathering) to actively churning piles of waste to constantly reveal fresh reactive surfaces.
“Understanding exactly what is the best system to use to maximize your carbon removal efficiency and minimize your cost — this is what we need real-world deployment to do, and to understand,” Bebbington Valori told me.
One of the seed-stage startups Frontier has supported with a small pre-purchase agreement, Arca, spun out of the University of British Columbia to commercialize its approach to carbon removal from mine tailings. The company’s focus is ultramafic waste — magnesium- and iron-rich rock that locks away carbon dioxide as stable magnesium carbonate. “My pathway for interest on that was knowing that there was already about 2 billion tons of ultramafic mine waste sitting on the surface of the Earth in Canada alone,” Greg Dipple, Arca’s co-founder and head of science, told me.
Arca proposes to increase the surface area available for carbon capture in two ways. The first is by using customized robots to continuously till and churn tailings piles, constantly exposing fresh feedstock to the air to maximize carbon uptake before the next layer of tailings is deposited on top. That strategy, Dipple told me, “can give us a five- to 10-fold increase in the rate of CO2 capture” at active mine sites.
It successfully demonstrated this approach in an 18-month pilot project with Australian mining giant BHP at an active mine in the country's Northern Goldfields region where Arca says it increased the tailings’ mineralization rate by an order of magnitude. But the startup plans to push the efficacy of its tech further through what it calls “mineral activation.” This technique uses industrial-scale microwaves to heat the minerals rapidly enough to drive off the water that’s chemically bound within their crystal structure. This essentially blows apart the minerals from the inside out, exposing fresh magnesium-rich surfaces primed to react with carbon dioxide. The expected result is faster mineralization and more carbon captured per ton of mine tailings — but the startup has yet to test it in the field.
“Essentially we’re making microwave popcorn out of silicate minerals,” Dipple explained. “The microwaves cause the release of that water in the same way that when you make popcorn, you’re essentially boiling the water out of the center of the kernel, and that’s what blows the kernel up and creates this high surface area.” The idea is to eventually integrate this step into the mine’s tailings processing stream, with minerals moving through the giant microwave before they’re deposited at the storage facility.
Dipple told me that mineral activation will be a core part of Arca’s future projects, including those intended to fulfill the company’s 10-year carbon removal offtake agreement with Microsoft. Signed last October, the deal calls for Arca to deliver nearly 300,000 metric tons of carbon removal to the software giant.
While no other startup in the space has landed an offtake agreement of that scale, several have secured early backing from Frontier through pre-purchase agreements. One of them, Karbonetiq, is working to capture carbon from steel slag, the calcium-rich byproduct of steel production that accumulates in large piles at processing sites. Like the magnesium-rich minerals in mine tailings, calcium compounds in steel slag naturally react with moisture and carbon dioxide to form a stable calcium carbonate — a.k.a. limestone — permanently locking up the CO2.
Unlike mine tailings however, slag doesn’t begin as a fine powder. Instead, the molten byproducts poured off from high-temperature steel furnaces cool into chunks the size of large rocks, leaving only their outer surfaces exposed to the air and able to react with CO2. Karbonetiq’s strategy is essentially to crush and disperse those rocks to increase their reactive surface area. As the company’s commercial vice president, Luke Rondel, explained, “We crush [the slag] down so you get smaller particle sizes. We then spread that out in a field of material, and we till that material with a tractor and plow, which is just turning over new surfaces.”
Each pathway has its advantages — while Arca’s magnesium-rich mine tailings are the most abundant feedstock, Rondel told me that the calcium-based reactions in slag happen significantly faster. For its part, Frontier hopes to test and evaluate a range of approaches at its new Surficial Mineralization Hub in Quebec, which it announced at the end of April. Located at a former asbestos mine, the hub will give participating startups access to “10,000 tons of serpentinite tailings and space for pilot scale testing,” Bebbington Valori told me, as well as local labs with specialized equipment.
This should eliminate some of the hurdles facing the nascent sector, chief among them being access to the right kinds of reactive rocks. Small startups “really need to either partner with large academic labs or with large mining companies to get access to that feedstock,” Bebbington Valori told me — a difficult and expensive proposition for a company that’s just getting off the ground.
While Frontier has yet to announce the cohort of participating startups, both Arca and Karbonetiq told me they hope to test their technology there, with the latter planning what would be one of its first mine tailings pilots through the program. Ultimately the goal is to generate the proof points needed to give both the startups and Frontier a clearer roadmap for which approaches can realistically scale — and what kind of support they’ll need to get there.
It certainly won’t be a straightforward process — bringing new technology into old-school industries never is — and the economics will only start to pencil if their operations reach meaningful scale. In theory, mining companies could benefit from hosting surficial mineralization projects, whether through site access fees, outsourcing elements of waste management, or even critical minerals recovery. Miners could even develop and scale the technology themselves, if they so desire. But the sector has historically been reluctant to adopt new tech. “The classic quote is, in mining you always want to be No. 2, you don’t want to be the first one,” Dipple told me. “You don’t want to put up a $2 billion plant that doesn’t work.”
So like nearly everything in the carbon removal space, early execution is falling to the startups that aren’t afraid of a little risk. “They’re watching for sure,” Dipple said of the mining industry at large. “But they want to be No. 2. We’re going to have to be No. 1.”
On New York’s solar farmland, German nuclear, and Argentinian gas
Current conditions: As a dangerous heat dome settles over the central and eastern United States, evapotranspirate, or “sweat,” from corn has rendered Iowa and Illinois more humid than the Amazon • Temperatures just topped 100 degrees Fahrenheit in Zagreb, where intense thunderstorms are deluging the Croatian capital today • Hanoi, Vietnam, is in the midst of a week of severe thunderstorms.
In May 2025, Reuters broke news that the U.S. government had discovered rogue communications devices in the inverters that converted the direct current flow of electricity from certain Chinese-made solar panels to the alternating current needed to patch the generators onto the grid. Now, more than a year later, Reuters is out with another scoop indicating that the Trump administration is preparing to slap new import restrictions on foreign-made inverters, particularly from China. The prohibition being drafted by the Federal Communications Commission would apply to all new foreign models of inverters and could be published as early as this year, unnamed sources told the newswire.
Chinese manufacturers such as Huawei and Sungrow currently dominate the inverter market. Earlier this year, SolarEdge started shipping inverters from its factory in Austin to buyers in Europe. But the global inverter market was on track to contract by 2% this year as policy changes in China, the U.S., and Europe created more uncertainty for solar.
The self-described “free state” of Florida has stripped municipalities of their right to set targets for bringing the local economy’s planet-heating emissions to net zero. A new law known as HB 1217 prohibits local governments from pursuing net-zero goals, though legal experts said the legislation will not necessarily upend existing climate targets in at least 10 cities and counties including Fort Lauderdale, Miami, Orlando, and Leon County, where the capital city of Tallahassee is located. “It’s certainly meant to scare municipalities and local governments from trying to do things to further net-zero policies,” Bradley Marshall, senior attorney at the advocacy group Earthjustice, told Inside Climate News. “Now, its exact impact and what it exactly prohibits is probably up for some debate. Things that are adjacent to it — emissions reductions and even climate change reduction policies — on their face will not run afoul at all of a ban on adopting a net zero policy.” The move comes two years after Florida’s governor, Ron DeSantis, signed a bill stripping the words “climate change” from state policies.
The Trump administration, meanwhile, has accused New York State of violating U.S. Department of Agriculture standards to make prime farmland available for large-scale solar development. In a letter sent last week to New York Governor Kathy Hochul, Secretary of Agriculture Brooke Rollins warned the state against fast-tracking solar projects on prime farmland, and gave Albany 30 days to “explain why New York is moving away from USDA’s prime farmland standards and what it’s doing to protect these irreplaceable agricultural resources.”
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The pain in Spain is felt mainly by the investors who paid to build out all the solar panels now harvesting the sun on the plain. In just the past six months, the European country has already surpassed its annual record for the number of hours when the owners of solar farms must pay users to take electricity during sunny peak hours, when the sheer volume of panels now turning sunshine into power pushes midday prices well below zero. The glut has kept electricity prices in Spain among the lowest in Europe, with rates roughly half of what Germans pay. But at least four Spanish projects or companies have gone up for sale, according to a Bloomberg tally. The head of Catalonia’s regional utility, L’Energètica, said: “The economics have deteriorated so sharply that investors are trying to exit at steep discounts.”
Investors in the sector had expected that Spain would upgrade its grid and deploy more batteries as the country’s solar sector boomed. But the mismatch between the volume of generation and the capacity of wires, batteries, and offtakers to distribute or make use of that electricity has only grown since the April 2025 blackout that plunged most of Spain and Portugal into darkness. Since then, Spain’s national grid operator, Red Eléctrica, has grown more aggressive in ordering solar farms offline to avoid disruptions to the frequency and voltage of the distribution system. The country has vowed to undertake more than $34 billion in grid upgrades by 2030.

In the three years since Germany shut down its last nuclear power station, the country’s leaders have repeatedly called the phase out a mistake, but seesawed on whether the plants that haven’t yet seen the wrecking ball could be restored to operation. A new study by the nuclear consultancy Radiant Energy Group has found that the most recently shuttered five reactors, all pressurized water reactors, could be returned to service in 2031. “Germany’s nuclear phaseout was presented as permanent and irreversible. In reality, it is neither,” the report concludes. “The shuttered fleet remains to a large degree intact, with most of the value in each site preserved; every major component can be repaired or replaced using procedures demonstrated at comparable plants worldwide; and the economic case for restart is strong.”
Well over half of Argentinians claim Italian ancestry. The South American nation’s future natural gas molecules might now declare a similar background. Eni, the Milan-based national oil company of Italy, inked a deal last week to buy a 32% stake in three upstream blocks of Argentina’s Vaca Muerta basin. Located in the mountainous western province of Neuquén, the discovery is widely considered the most promising natural gas find in Latin America, so vast The Rio Times said it could “reshape South America’s energy map.” In a statement, Eni’s chief operating officer, Guido Brusco, said: “Vaca Muerta is one of the world's richest unconventional basins in terms of resources: our participation positions us across the entire value chain, from Argentine upstream to the supply of LNG to international customers, creating value while contributing to global energy security.”
Meanwhile, Brazil’s national oil company just notched a record output from at the flagship field of its Santos Basin offshore basin. The field is now producing a record 1.1 million barrels of oil daily, surpassing the previous peak set in October of a million barrels per day, according to Oil Price. The milestone comes as Brazil ramps up production of oil and gas, despite its left-wing government’s expressed concern over climate change.

New analysis by the Energy Information Administration shows this nation was founded on … renewables. Now, of course, that was primarily wood until hydropower came around in roughly the 1880s. But coal, which surpassed wood in 1885, was the real innovation behind the energy transition away from chopped trees. At a combined 18% of total energy consumption in the U.S., non-fossil sources such as wind, water, and nuclear reached what appears to be the highest point since 1900 last year.
Editor’s note: This story has been updated to correct the description of Solaredge.
The Supreme Court keeps changing the terms of the deal between the legislative branch and the executive.
The Supreme Court ended its 2025–2026 term today, issuing a flurry of rulings on its most controversial cases. Most significantly, it rejected President Trump’s attempt to overturn birthright citizenship, preserving the 14th Amendment as it has been read for more than a century. It also struck down restrictions on how much political parties can spend in coordination with candidates — a change that could shape political strategies in November’s midterm election.
But I suspect that the year’s most important ruling for energy and climate policy came … yesterday. In a 6-3 ruling, the court’s conservative majority allowed President Trump to fire the commissioners of independent agencies without cause. Although the case concerned the Federal Trade Commission, it will matter for every independent agency that governs energy and climate policy.
My colleague Matthew Zeitlin wrote about what the case will mean for the Federal Energy Regulatory Commission, for instance, and I urge you to read his story. As he writes, the agency that governs the country’s power markets, transmission grid, and natural gas infrastructure has a culture of bipartisan consensus, even comity, and the ruling could chill that warmer clime. Last year, a cross-partisan group of 11 former FERC officials warned that allowing the president to fire commissioners “would bulldoze the structural supports that Congress built into” the agency to protect its power “from abuse.”
But FERC is not the only commission that governs climate and energy policy. The Nuclear Regulatory Commission — which Trump has also sought to bring to heel — is led by independent commissioners. So too are the Securities and Exchange Commission and the Commodity Futures Trading Commission, which the Biden administration tried (and largely failed) to turn into climate policy-making agencies.
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The independent commission is an old American legal structure, invented in the 19th century to manage issues where Congress deemed technical expertise and a deliberative process were essential to producing good policy. Although some guardrails for these agencies remain intact — such as requirements that a certain number of their commissioners come from each party — the court has permanently changed how they work. For instance, instead of having to wait for commissioners at FERC or the FTC to retire, step down, or serve out their terms, the president can now fire any or all of them and remake an independent commission almost as soon as they take office — assuming, at least, a cooperative Senate that is willing to confirm new appointees.
While reading about the ruling, I’ve found myself thinking back to an article written last year by the Georgetown Law professor Josh Chafetz. It concerns a little-known (or at least new to me) 1983 Supreme Court case, INS v. Chadha, that reshaped the relationship between Congress and the executive branch. For decades, Congress passed laws granting new powers to the president (or a federal agency) while retaining the ability to nullify those powers with a “legislative veto,” whereby one or both houses of Congress could cancel a given action with a simple majority vote.
In Chadha, the court ruled that the legislative veto was unconstitutional, a decision that affected hundreds of statutes, according to Chafetz. But crucially, the court did not cancel Congress’ grants of authority in those statutes; it only removed Congress’ ability to veto the use of that authority by a vote. In doing so, it ratcheted up the executive branch’s powers and diminished the legislative’s — “thereby leaving in place only one side of a bargain between Congress and the presidency,” Chafetz writes.
Why does this matter? Because the court is doing something similar again. Congress struck a bargain with the president when it set up commissions like FERC and the NRC: It granted new powers to the executive branch, but also placed important restrictions on how those powers can be used. In allowing the president to fire commissioners, the Supreme Court has altered the deal, preserving Congress’ grant of authority while removing any real restrictions on the president’s ability to use that authority. In doing so, it has overhauled how those agencies work, essentially creating a new and more potent version of FERC, or the NRC, or the FTC that wears the staff and authorities of the old one as a skin suit.
No legislator would have chosen to set up FERC, or the NRC, or the FTC as they now exist. But after the Supreme Court’s partial demo job yesterday, they are the agencies we have. The court has overhauled how the United States regulates electricity markets, or antitrust law, or nuclear safety regulation. Let’s pray, I suppose, that the Supreme Court doesn’t alter the deal any further.
I promised I wouldn’t write about Europe’s air conditioning adoption today, and I have kept my vow. But my colleague Jeva Lange — who just returned from a 10-day trip on the continent with her husband, her 9-month-old daughter, and her 69-year-old father — has written about it, and in the most delightful way. What was Europe actually like, as an (ew) American? Find out.