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This summer was hot. It was wet. It was deadly. For most of us, it was a preview of the rest of our lives.

So here we are: Another summer in the books.
After Labor Day, whites go back in the closet; kids go back to school. Astronomically speaking, there are still technically 20 days left of summer, and climatologically speaking, we may have even longer to go than that — summers are getting longer as autumns contract. But culturally, anyway, we’re now headed into fall, an incongruous transition epitomized by the bastardized existence of the iced pumpkin spice latte. You know you’re living in the age of climate change when ...
It’s a good time, though, for taking stock. An astonishing 96% of Americans have faced at least one extreme weather alert from the National Weather Service since May 1, the Union of Concerned Scientists’ Danger Season tracker reports. Further, only seven counties out of 3,224 in the whole country and its territories had no heat, flood, fire, or storm warnings between May 1 and August 29 of this year, according to additional numbers supplied to Heatmap by the UCS — including, surprisingly, San Fransisco County in California, home of what has been called the single-most economically vulnerable major city to climate change in the U.S.
These were the others that dodged extreme weather alerts: Aleutians East Borough (Alaska); Aleutians West Census Area (Alaska); Ketchikan Gateway Borough (Alaska); Kodiak Island Borough (Alaska); and Norton City (Virginia). Together, they have a population of around 39,500 — just a fraction of San Francisco County’s 815,200.
But while San Francisco, some islands and bays in remote regions of Alaska, and a sliver of Virginia got lucky (this time and so far), it was a bad summer to be in Arizona, where there were more NWS extreme weather alerts issued than in any other state. Coconino County, home of the capital of Flagstaff, saw 146 alerts this summer due to a parade of heat, flood, and fire threats, followed closely by Mohave County, in the state’s northwesternmost corner, with a total of 145. New Mexico was right on Arizona’s tail with five counties in the top 10:
When it came to heat alerts specifically, Texas and Puerto Rico dominated the top of the list. In fact, Louisiana’s Sabine Parish was the highest-ranked non-Texan or Puerto Rican county for heat alerts, clocking in way down at #96.
The most flood alerts were experienced by California’s Inyo County, the home of Death Valley, which might be surprising until you remember how little rain it takes to trigger a disaster in the desert. Washington’s Yakima, Kittitas, and Skamania counties lead the list for fire weather alerts; and South Carolina’s Georgetown, Colleton, and Charleston counties lead for storm alerts. (The data was collected just before the brunt of Hurricane Idalia swept through northern Florida, Georgia, and the Carolinas). California’s Los Angeles County, the most populous in the country, faced a total of 80 extreme weather alerts this summer; the average for all counties was around 44.
The UCS Danger Season data (which will continue to be collected here through October) did not account for air quality warnings, which were the main story of the early summer in the U.S. — at times, more than a third of Americans faced degraded AQI due to smoke billowing south from the Canadian wildfires (which are themselves record-breaking). June 7 was the worst day for wildfire smoke exposure in American history “by far,” my colleague Robinson Meyer reported, and it happened not on the West Coast, where fires are routine, but in New York City, Philadelphia, Washington, D.C., and Toronto.
The next month, July, was the hottest month on Earth in probably 120,000 years (so you have that bragging right on about 4,000 or so generations of your ancestors). Some 40,000 different locations around the world recorded their hottest days ever in 2023, with nearly 20,000 of those in the United States, according to NOAA’s records. Though we didn’t break the global heat record this year (Death Valley only reached 128 degrees Fahrenheit, short of the 130 it needed to beat), the planet recorded its warmest day ever a few different times. Meanwhile, Vermont saw catastrophic summer flooding.
Then, in August, a grass fire fueled by hurricane winds ripped through Maui. Even three weeks later, we still don’t know how many people were killed. Undoubtedly, though, it is the deadliest wildfire in modern U.S. history — and all the more shocking for the fact that it burned through a former wetland, a grim testament to the effects of colonialism. America might not be through reckoning with massive fires, either; the peak of fire season is known as “Snaptember” among hot shot crews for a reason.
And summer wasn’t through with us yet. Hilary became the first tropical storm to hit Southern California in 84 years, and while the damage wasn’t too bad, the Los Angeles Times credits the urgency of the early warnings for saving lives. Subsequently, Hurricane Idalia became the first hurricane to make U.S. landfall in what is predicted to be an “above normal” season, strengthening from a Category 1 to a Category 4 storm in 24 hours thanks to record-warm waters in the Gulf of Mexico. Reports of the damage are still trickling in, but it can’t be good news for insurers in Florida and the Southeast.
It is difficult to tie any one weather-related disaster to climate change, but as Michael Wehner, a senior staff scientist at the Lawrence Berkeley National Laboratory, once succinctly put it to Mother Jones: “It’s not: Climate change flooded my house. It’s: Climate change changed the chances of flooding my house.” So, let’s look at the chances.
A recent study found that the prime wildfire conditions in Canada this year, which caused the choking smoke on the East Coast, were “at least twice as likely to occur there as they would be in a world that humans hadn’t warmed by burning fossil fuels,” The New York Times reports. The July heat dome that baked the South was “at least five times more likely due to human-caused climate change,” an analysis by Climate Central and The Guardian found. The odds of Vermont’s supposedly once-a-century flooding happening within 12 years of another 100-year storm in the state, Hurricane Irene, was just 0.6 percent. The fires in Maui were caused by compounding climate problems, The Washington Post reports, such as higher average temperatures and more intense hurricanes — both of which also have links to emissions-fueled warming. And Hurricane Idalia’s rapid intensification is what we’d expect to see from human-fueled ocean warming, too. Then there’s El Niño, which plays a part in all this chaos as well; it’s why scientists expect next year to be an even bumpier ride for earthly life than this summer has been.
That might not be very heartening to hear but consider this: If you’re a resident of anywhere other than San Francisco and a few odd places like Alaska’s Bristol Bay Borough (population: 838), then this summer was your dry run. You’ve learned more than you ever expected you’d need to know about indoor air purification; you spent 90 minutes prepping for wildfire season; you’ve checked in on elderly neighbors; you’ve even brushed up on your gin rummy skills so you can stay off your phone when the power goes out during the next (or same?!) hurricane. Look at you go. You’re adaptable. Heck, even iced pumpkin spice lattes are starting to grow on you now.
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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.