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Geopolitics, the heightened importance of climate change, and the sheer size of the conference have transformed the event into something that it was never meant to be.

It didn’t attract a lot of attention, but for a few months, it looked like the United Nations climate process might break down.
There, process is substance: One of the most important acts every year is the selection of the next country to run the Conference of the Parties to the United Nations Framework Convention on Climate Change, or COP. This distinction normally rotates among the UN’s five regional country groups; next year, a country in the “Eastern Europe” group is due to host. All the members of a group must unanimously agree on which country will get to host.
This is a highly contingent way to decide who gets to host a climate conference. Really, the entire schema of UN regional groups represents a hangover of Cold War geopolitics that is now indefinitely unchangeable. (The “Western Europe” group is essentially the early members of NATO; it includes such notably non-western-European countries as Turkey, the United States, and — hilariously — Australia.)
The “Eastern Europe” group, meanwhile, amounts to more or less the former members of the Warsaw Pact. For obvious reasons, these countries cannot agree on a consensus choice in 2023. Russia, the group’s largest member, was not amenable to holding the COP in any eastern Europe NATO member state, such as Poland, Latvia, or Finland. The eastern European NATO members — as well as Ukraine, which is also in the UN regional group — were similarly opposed to holding the COP in Russia.
That meant that attention focused on the group’s countries in the Caucasus, at the edge of central Asia: Georgia, Azerbaijan, and Armenia. Yet difficulties presented themselves here too. Azerbaijan successfully seized an Armenian exclave earlier this year, evicting up to 120,000 Armenians as part of a campaign described as ethnic cleansing. Armenia blocked any Azeri bid to host the COP.
For the first time in the UN Framework Convention on Climate Change’s history, no country would have been able to lead COP the following year. Geopolitics had seemingly broken the consensus mechanism that makes the climate conference work.
This amounted to more than just a deficiency in party planning. It would have forced Bonn, Germany — the home of the UNFCC’s permanent headquarters — to host COP29, a kind of “break in case of emergency” default option. And it would have allowed the United Arab Emirates, a petrostate that has reportedly used the COP to make oil deals, to retain the conference presidency for at least another year.
That didn’t happen. Late last week, Armenia lifted its block of Azerbaijan’s bid, and the two countries mutually released prisoners in a gesture of good will. (Their rapprochement happened suspiciously close to President Vladimir Putin’s visit to the U.A.E.) Next year’s COP will seemingly happen in Baku, the Azeri capital.
But just because the COP process didn’t break doesn’t mean that it’s not being stretched. All is not well with the COP. During this year’s conference, a picture emerged of a COP being tested by a more rivalrous, conflict-prone world. Geopolitics, the heightened importance of climate change, and the sheer size of the conference have transformed the event into something that it was never meant to be.
This year, more than 100,000 people attended the COP. It was held at Dubai’s opulent Expo City, the Disney World-style convention campus initially built for the 2020 World Expo, the modern successor to World’s Fairs. Hundreds of nonprofit groups and companies, as well as more than 190 countries, ran public pavilions that advertised their climate accomplishments and views on decarbonization. Negotiators divided into different blocs: China and the United States, oil-producing states and small island nations, the West and the rest.
It wasn’t always like this. When the first COP was held in Berlin in 1995, the world was in a very different era, Lee Beck, the senior director for Europe and the Middle East at the Clean Air Task Force, told me. It was “the peak of multilateralism, followed by relative geopolitical stability and peace,” she said. The United States and the broader West set the agenda for global events.
“In the last two years — others would say the writing was on the wall as early as 2014 — geopolitical fragmentation really is visible,” she said. “You’re really pushing the limits of multilateralism at this one. One of the cracks is we’re unable to agree where the COP even will be.”
But geopolitics are not the only force stretching COP to the limit. Another is the sheer size of the event itself.
There used to be “big COPs” and “small COPs”: COP21, the 2015 meeting where the Paris Agreement was finalized, was a “big COP,” but the following year’s conference in Marrakech, Morocco, was a fairly minor one. Even COP21 was less than half the size of this year’s COP. And in one possible read, this year should have been a smaller COP — the biggest to-dos were formally launching the Loss and Damage fund and writing the Global Stocktake report, a kind of report card on the world’s climate progress (or lack thereof).
But small COPs don’t seem to happen any more. Since the pandemic ended and COP26 took place in Glasgow, Scotland, COPs have swollen in size, creating the age of the new “mega-COP.” More than 100,000 people attended the conference this year, making it by far the biggest COP ever. It was more than twice the size of last year’s confab in Sharm al-Sheikh, Egypt, which was previously the biggest COP ever. Most of those attendees had nothing to do with the negotiations ostensibly at the center of the conference — they were investors, technologists, scholars, scientists, or experts — and instead made up a de facto global trade show on climate solutions.
COP is now so big and climate is now so important that even the lack of news about the conference can generate news. When President Joe Biden declined to attend this year’s conference, The New York Times push-alerted it.
But there are possibilities that could improve the situation. One of them might be that COP simply becomes so unmanageable that it has to scale back. Few cities have the spare capacity to house an extra 100,000 visitors for 12 days. New York City, for instance, only has about 123,000 hotel rooms total. If COP were to keep growing, the problem would only get harder. When 150,000 people descended on San Francisco for Salesforce’s annual conference in 2015, the company docked a cruise ship in the bay to provide an extra thousand rooms.
There are solutions, Beck said. She noted this was the first year that every continent had held its own Climate Week: a smaller event focusing on more region-specific decarbonization challenges. This COP has also seen the emergence of country coalitions that rally around different issues or approaches. The set of countries that backed a pledge to triple renewable capacity, for instance, is different from the smaller coalition that wanted to triple nuclear capacity. These smaller, more sector-specific coalitions may have more ability to actually decarbonize and address climate change, she said.
For all these challenges, perhaps the biggest miracle is that the UNFCC process works at all, Eve Tamme, a former climate negotiator for the European Commission, told me.
“The UNFCCC process is based on consensus between almost 200 countries. Judging based on the complexity of the issue at hand and the divergence of views among the countries, it seems impossible that such a process could deliver anything at all,” she said. Even when you follow the negotiations closely, it may seem like there’s barely any movement at all, she said.
“But then again, we got the Kyoto Protocol,” she said. “And we got the Paris Agreement. So while it may look broken in the short term, somehow this dysfunctional process can still deliver.”
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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.