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On DOJ lawsuits, reconciliation, and solar permitting

Current conditions: A month out from the start of hurricane season, the North Atlantic Ocean is about 2 degrees Fahrenheit cooler than it was this time last year • Passenger ferry crossings between New Zealand’s North and South Island remain suspended through Friday afternoon due to a severe windstorm • Thunderstorms are expected to settle over Louisville, Kentucky, this afternoon, leading to a potentially wet Kentucky Derby on Saturday at Churchill Downs.
The Justice Department filed lawsuits this week against Hawaii, Michigan, New York, and Vermont to block the states’ climate-motivated lawsuits against fossil fuel companies. The government’s lawsuit against Hawaii and Michigan, filed on Wednesday, seeks to block the states from suing major oil and gas companies over alleged climate damages, which the DOJ argues obstructs the Environmental Protection Agency’s authority to regulate greenhouse gas emissions. On Thursday, the DOJ also filed suit against New York and Vermont over their climate superfund laws, which would require fossil fuel companies to pay for damages caused by climate change, calling it a “transparent monetary-extraction scheme.” Attorney General Pamela Bondi argued all four laws are “burdensome and ideologically motivated” and “threaten American energy independence and our country’s economic and national security.”
The House Natural Resources Committee released its portion of Republicans’ budget package on Thursday evening. The proposal goes to markup next week, and is subject to change, but includes several significant measures across its 96 pages. Some include:
In a statement slamming the bill, Lydia Weiss, the senior director of government relations at The Wilderness Society, said the proposals in sum will “fund tax cuts for the rich while doing nothing to help the average American taxpayer.” You can read the full contents of the bill here.
The Bureau of Land Management has approved a new solar project in Yuma County, Arizona, after a temporary halt on permitting. The move “appears to be the first utility-scale solar facility on federal acreage approved by the Trump administration,” my colleague Jael Holzman writes in The Fight. The BLM additionally released a draft environmental review of a separate solar project, also in Arizona.
As Jael notes, “The fact BLM is willing to admit other solar projects could advance later on is significant after the sputtering seen in the earliest days of the Trump administration.” Her caveat, however, is that it’s unclear if this means solar permitting is a beneficiary of the president’s “energy dominance” agenda, or if “at any moment, a news cycle or disgruntled legislator could steal the president’s ear and make him angry at solar power.”

The major reinsurance company Swiss Re has released a lengthy report about the upward trend of insured losses in the United States. Among its findings:
Read more of Swiss Re’s findings in the report here.
The Trump administration has ordered the National Science Foundation to stop awarding new grants or supplying funds for existing grants “until further notice,” according to an email reviewed by Nature. Before the funding freeze, NSF leadership had recently directed its staffers to return grant proposals concerning “topics or activities” not “in alignment with agency priorities” to their applicants.
In the past two weeks, the NSF has terminated $739 million worth of grants, Nature adds. As one NSF staffer told the publication, the Trump administration is “butchering the gold standard merit review process that was established at NSF over decades.” Colin Carlson, who is researching pandemic-causing viruses at Yale University with a team of 50 funded by a $12.5 million NSF grant, said the freeze will “destroy people’s labs.” The NSF has also contributed enormously to climate science over the years, including funding the first major ice core drilling project in Greenland in 1980 to study historical carbon dioxide data, and more recently, using advanced climate modeling to predict extreme weather events better.
“Saying that the U.S. is striving for energy dominance except in the clean energy sector is like opening a steakhouse and forgetting the meat.” —Former Secretary of Energy Jennifer Granholm, writing for Heatmap about why real energy dominance requires preserving the IRA.
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Co-founder Mateo Jaramillo described how the startup’s iron-air battery could help address the data center boom — and the energy transition
Well before the introduction of ChatGPT and Claude, Ireland underwent a data center construction boom similar to the one the U.S. is experiencing today.
That makes it a fitting location for Form Energy’s first project outside the U.S. Mateo Jaramillo, the CEO of the long-duration energy storage startup, described Ireland as “a postcard from the future” at Heatmap House, a day of conversations and roundtables with leading policymakers, executives, and investors at San Francisco Climate Week.
In a one-on-one interview with Robinson Meyer, Jaramillo went on to explain the potential of a 100-hour battery, calling it the duration at which you can “functionally replace thermal resources on the grid or compete with them.” Such storage capacity would not only bolster data centers’ power reliability but also speed up the transition from oil and gas to renewables.
Form Energy, which Jaramillo co-founded in 2017, is best known for its iron-air battery that can continuously discharge energy for 100 hours. In February, the startup announced a partnership with Google and the utility Xcel Energy to build the highest-capacity battery in the world, capable of storing 30 gigawatt-hours of energy, as Heatmap’s Katie Brigham reported.
Despite the troublesome state of renewables deployment in the U.S., energy storage firms like Form appear to be doing well, thanks to record load growth. “When we founded the company, we didn’t anticipate the boom of data center demand that we’re currently experiencing,” said Jaramillo. “But we did bet on the overall mega-trend being pretty firmly in place, which is electricity growth.”
In addition to load growth, battery manufacturers are still benefiting from the Inflation Reduction Act’s energy storage tax credits, which survived the deep cuts Republicans made to the signature climate law last summer. Jaramillo noted that customers can still claim a tax credit for purchasing energy systems, while a manufacturing protection credit also remains in place. “We absolutely qualify for both those things,” Jaramillo said. “In fact, 100 hours as a duration is written into the legislative text for the manufacturing [tax credit].”
Though batteries can help accelerate the retirement of natural gas plants by providing firm energy to supplement renewables’ generation, politicians’ fear of load growth seems to have forged a bipartisan consensus supporting batteries. For its part, Form Energy is focused on continuing to drive down the cost of its iron-air battery.
From “where we sit today,” Form Energy is “quite confident that we will hit that roughly $20 a kilowatt-hour cost within a very short period of time,” Jaramillo said.
At San Francisco Climate Week, John Reynolds discussed how the state is juggling wildfire prevention, climate goals, and more.
Blessed with ample sun and wind for renewables but bedeviled by high electricity prices and natural disasters, California encapsulates the promise and peril of the United States’ energy transition.
So it was fitting that Heatmap House, a day of conversations and roundtables with leading policymakers, executives, and investors at San Francisco Climate Week, kicked off with John Reynolds, president of the California Public Utilities Commission.
The CPUC oversees the most-populous state’s utilities and has the power to approve or veto electricity and natural gas rate increases. At Heatmap House, Reynolds — “one of California’'s most important climate policymakers,” as Heatmap’s Robinson Meyer called him — affirmed that affordability has been top of mind as power bills have risen to become a mainstream political issue across the country. California’s electricity prices are the second-highest in the nation, behind only Hawaii, according to the Electricity Price Hub.
“I’d really like to see us drive down the portion of household income that is consumed by energy prices,” Reynolds said in a one-on-one interview with Rob. “That’s a really important metric for making sure that we’re doing our job to deliver a system that’s efficient at meeting customer needs and is able to support the growth of our economy.”
The Golden State’s power premium has been exacerbated by the fallout from multiple wildfires that have devastated various parts of the state in recent years, which have necessitated costly grid upgrades such as undergrounding power lines. California-based utility PG&E has also invested in more futuristic fire solutions such as “vegetation management robots, power pole sensors, advanced fire detection cameras, and autonomous drones, with much of this enhanced by an artificial intelligence-powered analytics platforms,” as Heatmap’s Katie Brigham wrote shortly after last year’s fires in Los Angeles.
Affordability affects not just Californians’ financial wellbeing, but also the state’s ability to decarbonize quickly. “The affordability challenge that we’re seeing in electric and gas service is one that is going to make it more difficult to meet our climate goals as a state,” Reynolds said.
One contentious — and somewhat byzantine — aspect of California’s energy transition is how much of a financial incentive the CPUC should offer for residents to install rooftop solar. Net metering is a billing system that rewards households with solar panels for sending excess generation back to the grid. Three years ago, the CPUC adopted a new standard that substantially lowered the rate at which solar panel users were compensated.
“We had to slow the bleeding,” Reynolds said, referring to the greater financial burden paid by utility customers without solar panels. “The net billing tariff did slow the bleeding, but it didn’t stop it.”
Asked whether he is focused more on electricity rates (the amount a customer pays per kilowatt-hour) or bills (the amount a utility charges a ratepayer), Reynolds said both are important.
“If we can drive down electric rates, we’re going to enable more electrification of transportation and of buildings,” Reynolds said. “It’s really important to look at bills, because that is fundamentally what hits households. People’s wallets are limited by their bills, not by their rates.”
The state has terminated an agreement to develop substations and other necessary grid infrastructure to serve the now-canceled developments.
Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.
The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and substations necessary to send electricity generated by offshore wind across the state. The board terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies projects scrubbed in a settlement with his administration.
“New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
I chronicled the fight over this specific transmission infrastructure before Trump 2.0 entered office and the White House went nuclear on offshore wind. Known as the Larrabee Pre-Built Infrastructure, the proposed BPU-backed network of lines and electrical equipment resulted from years of environmental and sociological study. It was intended to connect wind projects in the Atlantic Ocean to key points on the overall grid onshore.
Activists opposed to putting turbines in the ocean saw stopping the wires as a strategy for delaying the overall construction timelines for offshore wind, intensifying both the costs and permitting headaches for all state and development stakeholders involved. Some of those fighting the wires did so based on fears that electromagnetic radiation from the transmission lines would make them sick.
The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. The board’s letter to PJM nods to the future, asserting that new “alternative pathways to coordinated transmission” exist because of new guidance from the Federal Energy Regulatory Commission. These pathways “may serve” future offshore wind projects should they be pursued, stated the letter.
Of course, anything related to offshore wind will still be conditional on the White House.