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The Paris Agreement goal of limiting warming to 1.5 degrees Celsius is now all but impossible. Limiting — and eventually reversing — the damage will take some thought.

For the second year in a row, the United Nations climate conference ended without a consensus declaration that tackling global warming requires transitioning away from fossil fuels. The final agreement at COP30 did, however, touch on another uncomfortable subject: Countries resolved to limit “the magnitude and duration of any temperature overshoot.”
In the 2015 Paris Agreement, 197 nations pledged to try to prevent average temperature rise of more than 1.5 degrees Celsius above pre-industrial temperatures. Now 10 years later, scientists say that exceeding that level has become inevitable. It may be possible to turn the thermostat back down after this “overshoot” occurs, though — a possibility this year’s COP agreement appears to endorse.
The idea demands a far meatier discussion than world leaders have had to date, according to Oliver Geden, a senior fellow at the German Institute for International and Security Affairs, and a key contributor to the Intergovernmental Panel on Climate Change’s scientific reports. If limiting warming to 1.5 degrees now requires surpassing that level and coming back to it later, and if this is something that countries actually want to attempt, there are a lot of implications to think through.
Geden and Andy Reisinger, an associate professor at Australian National University and another IPCC author, published an article last week spelling out what it would mean for policymakers to take this concept of “temporary overshoot” seriously. For example, the final agreement from COP30 encourages Parties to align their nationally determined contributions towards global net zero by or around mid-century.” Net zero, in this case, means cutting CO2 emissions as far as possible, and then cancelling out any residuals with efforts to remove carbon from the atmosphere.
Scientists now estimate that if the world achieves that balance by 2050, we’ll pass 1.5 and bring warming to a peak of about 1.7 degrees above pre-industrial levels. At that point, the planet will not begin to cool on its own. Ensuring that an “overshoot” of 1.5 degrees is temporary, then, requires removing even more carbon from the atmosphere than is being emitted — it requires achieving “net-negative” emissions.
Suffice it to say, you will not find the words “net negative” in any COP agreements. “If 1.5 degrees C is to remain the core temperature goal, then net zero can no longer be seen as an end point but only as a transition point in climate policy,” Geden and Reisinger wrote. The two stress that this wouldn’t prevent all of the harms of going past that level of warming, but it would reduce risk, depending on the magnitude and duration of the overshoot.
I spoke to Geden on Thursday, while the UN climate conference was still underway in Belém, Brazil, about what policymakers are missing about overshoot and the 1.5 degree goal. Our conversation has been lightly edited for clarity.
I’ve had scientists tell me they don’t like the term “overshoot” because the 1.5 degree boundary is arbitrary. How do you think about it?
You can apply the concept of overshoot to any level. You could also apply it to 2 degrees or 1.6 or 1.7. It’s just saying that there is a defined level you care about, and it’s about exceeding that level and returning to it later. That is the basic concept, and then 1.5 is the logical application right now in terms of where climate policy is. That return idea is not very well represented, but that’s how it has been used in the IPCC for quite some time — exceedance and return.
What was the impetus for writing the article with Reisinger and what was your main message?
We wanted to explain the concept of overshoot because it seems that it’s now being discussed more. The UN secretary general started using it in a speech to the World Meteorological Association two weeks before Belém, and now has continuously done so. It also led to some irritation because people interpret it as, He just called 1.5 off, although he usually says, “Science tells us you can come back to it.”
These overshoot trajectories and pathways for 1.5 degrees have been around since at least the Special Report on 1.5 Degrees in 2018, and then increasingly dominated the modeling of 1.5. But we feel that the broader climate policy community never quite got the point that it is baked into these trajectories whenever scientists say 1.5 is still possible. But then this element of, what does this now mean? Who has to do what? How is it possible to get temperature down? That’s even more obscure, in a way, in the political debate, because it means net-zero CO2 is not enough. Net-zero CO2 would halt temperature increase. To get it down, you need to go net negative. And then the obvious question, politically, would be, who’s going to do that?
In the paper, you write that the amount of net-negative emissions required to reduce global average temperatures by just 0.1 degrees is about equal to five years of current annual emissions, or 100x our current annual carbon removal, which is mostly from planting trees. Given that, is it realistic to talk about reversing warming?
That’s not for me to say. If you think about the trajectory — how would, let’s say, a temperature trajectory in the 21st century look? What you would get now is a peak warming level above 1.5. Then really the question is, what happens afterwards? If everybody only talks about going to net-zero CO2 then we should assume it’s that new peak temperature level, and then we just stay there. But if you want to say the world needs to go back down to 1.5 by the end of the century then we have to talk about net-negative levels, and we still may find out that it’s not realistic.
This kind of circumvents the conversation of how good we look on getting to net zero. We all assume that’s doable. I also assume that’s doable. But you cannot forget the fact that right now, our emissions are still rising.
One of the policy implications you write about in the piece is that if Europe were to set a target to go net negative, its carbon pricing scheme could go from a source of income to a financial burden. Can you explain that?
If you have carbon pricing and you have emitters, you can finance carbon dioxide removal through the revenues from carbon pricing. But if you want to go net negative, you need more removals than you have emissions. The question is, who’s going to pay for it? You would always have residual emitters, but if you want to go deeply into net negative, you will run out of revenue sources to finance these removals.
One of the big problems is, conceptually, a government can say, Okay, your factory does not have a license to produce anymore, and you can force it to close down. But you cannot force any entity to remove CO2 for you. So how can a government guarantee that these removals are really going to happen? Would the acceleration of this carbon dioxide removal actually work? Which methods do we prefer? Do we have enough geological storage? It’s all unresolved. This paper is not a call to Europe to say hey, just make a promise. [It’s saying,] can you please really think about it? Can we please stop assuming somebody is going to organize all this to go net negative and then it magically happens? You need to make a serious plan. And you may find out that it’s too hard to do.
Another question is, how will other actors react? I think that’s part of the reluctance to talk about going net negative. The mental model right now of being a frontrunner is going down to the net zero line and then waiting there for the others to come. But if you enter net negative territory, it becomes basically bottomless. So every developing country could, reasonably so, demand ever higher levels of you. In the European Union, where you have 27 member states, even there, you would get into distributional challenges because some member states may ask others to go net negative because they are disadvantaged.
Also, which sectors would be forced to go net negative, which ones can stay net positive? Agriculture, at least as long as you have livestock, will be net positive. Then you have a country like Ireland, with 30% of the emissions coming from agriculture. They will stay a net-positive country, probably, and then others would have to go net negative. So you can imagine what kind of tensions you would get in.
I know you’re not in Belém, but from what you’ve read and from what you’re hearing, do you think that overshoot and all of these questions that you raise are being discussed more there? Do you get the sense that they are making their way into the conversation more?
A bit. The talk you hear is only just about 1.5 and 1.5-aligned, and it makes you wonder what governments or NGOs think, how this is going to happen. In the text presented by the Brazilian government, overshoot is mentioned, and “limiting or minimizing magnitude and duration of overshoot.” But it does not talk about what that actually means.
The whole 1.5 conversation, I think it’s hard for governments to understand. At the same they’re getting told, “if you just look at the pledges, you will end up at 2.6 or 2.7 or 2.8 by the end of the century, you have to do more.” Of course they all have to do more, but to really get to 1.5 they have to do more than they can imagine. If the world does not want to cross 1.5, never ever, it would need to be at net-zero CO2 in 2030, between 2030 and 2035. And if you go later, then you have to go net negative. It’s actually quite easy, but it seems to be uncomfortable knowledge. And then the way we communicate the challenge — governments, scientists, media — it’s not very straightforward.
All these temperature targets are special in the sense that they set an absolute target. Usually policymakers, governments, set relative targets, like 0.7% of national GDP for overseas development aid — you can miss that every year, but then you can say, next year we’re going to meet it. That logic does not apply here. Once you are there, you are there. Then it’s not enough to say that next year we are going to put more effort into it. You just then can limit the extra damage.
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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.