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Without the endangerment finding on greenhouse gases, the state could have a case for re-imposing its own greenhouse limits on auto emissions.

Trump’s Environmental Protection Agency has moved to abdicate the federal government’s responsibility to regulate greenhouse gas emissions for vehicles. At this point it’s only a proposal, and legal challenges to the shift could take years to resolve even after the change gets finalized.
But if the law eventually closes the door on national standards, it might open a new one for states.
The Clean Air Act prohibits states from enacting their own pollution regulations for mobile sources, such as cars and trucks. California, however, is allowed to request a waiver from the EPA to create its own, stricter rules, since the state was already regulating vehicle pollution prior to the law’s passage. Once EPA approves one of California’s waivers, other states can subsequently adopt the stricter rules without requesting the same federal dispensation.
At first California’s air quality regulations were focused on more traditional health-harming pollutants such as ozone and particulate matter. But in 2005, California created the world’s first greenhouse gas emissions standards for cars, beginning with model year 2009, and requested a waiver from the EPA to enforce them.
At the time the EPA did not have any national standards for greenhouse gas emissions, but a seminal court case would soon force it to create them. In 2007, the Supreme Court ruled in Massachusetts vs. EPA that greenhouse gases are pollutants, as defined by the Clean Air Act, and that the agency has a duty to regulate them if it finds that they endanger public health or welfare. In 2009, the EPA under President Obama issued its “endangerment finding,” determining under a mountain of evidence that yes, greenhouse gases threaten public health, and prompting the development of the first federal climate standards for vehicles.
Now the Trump administration is trying to reverse that finding and put an end to federal climate regulations for vehicles once and for all.
At the same time, Trump has approved a move by Congress to rescind California’s latest waivers — although the move was legally dubious and the state is challenging it in court. Congress revoked the waivers under the Congressional Review Act, a law that allows the legislative branch to undo recently-finalized agency rules with a simple majority, despite previous rulings from the Government Accountability Office and the Senate parliamentarian that the waivers are not “rules” as defined by the Congressional Review Act.
But if the EPA says the Clean Air Act does not require the agency to regulate greenhouse gas emissions, does California even need those waivers?
“If I were the state of California and the endangerment finding gets rescinded, I would argue that there are no federal standards,” Ann Carlson, a professor of environmental law at the University of California, Los Angeles, and a former Biden administration official, told me. “There is, in the view of EPA, no need to regulate, and therefore states shouldn’t be preempted. I don’t know if that’s a winner, but I think it’s worth a try.”
Eliminating the endangerment finding would give states a solid argument for being able to regulate greenhouse emissions themselves, Carlson told me. But what would make the argument a “slam dunk,” she said, was if the Supreme Court ultimately overturned Massachusetts vs. EPA, and ruled that greenhouse gases are not air pollutants under the Clean Air Act after all.
The road to that outcome would be long and could veer in a different direction if Democrats retake the White House in 2028. First, the EPA has to put out its proposal for public comments and issue a final decision. That process alone could take a year. Then states or environmental groups would challenge the decision in the D.C. Circuit Court of Appeals, which would likely take another year to reach a ruling, putting us into mid-2027 or so.
While we won’t know what EPA’s exact argument will be until it issues the final decision, the justifications it has put forward so far are weak, according to experts. The agency’s main claim in the proposal is that it can only regulate pollutants that endanger health through local or regional exposures — the global problem of climate change doesn’t count. “This is hard to square with the Supreme Court’s decision in Massachusetts vs. EPA,” Harvard Law School’s Jody Freeman told me, “but EPA claims that doesn’t settle it.”
Carlson said she thinks there’s a pretty good chance the D.C. court would strike down the EPA’s attempt to reverse the endangerment finding. But the Trump administration would presumably appeal that ruling to the Supreme Court, which would present an opportunity for the conservative majority to overturn Massachusetts vs. EPA. Chief Justice Roberts, along with Justices Alito and Thomas, dissented in the original 2007 decision, while Justice Brett Kavanaugh, who was confirmed in 2018, “has made clear his disdain for using the Clean Air Act to regulate greenhouse gasses,” Carlson said.
There are a lot of open questions about what would happen next. If the case is still ongoing by 2029, the next administration could decide to withdraw it, or simply to reinstate the endangerment finding.
Another wrinkle: The Inflation Reduction Act amended the Clean Air Act to explicitly define greenhouse gases as pollutants under new sections of the law. That could make it harder for the Supreme Court to overturn Massachusetts vs. EPA, although the court has previously held that different sections of the law may define “air pollutant” differently.
Finally, even if the case goes all the way to the point of reversing Massachusetts vs. EPA, there would probably still need to be additional litigation to clarify what states can do, Atid Kimelman, a clean vehicles attorney for the Natural Resources Defense Council, told me.
He noted that the federal government might argue that regardless of the fact that the EPA isn’t regulating greenhouse gases, states are still preempted, as the whole point of the preemption in the Clean Air Act is to make sure that the country doesn’t have 50 different standards for motor vehicles. Another hurdle might be that the federal Energy Policy Conservation Act, which authorizes the Department of Transportation to set fuel economy standards, also preempts states from adopting their own vehicle regulations.
“This is somewhat novel territory that hasn’t really played out in courts,” he said. “These are arguments that have to be tested.”
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On BYD’s lawsuit, Fervo’s hottest well, and China’s geologic hydrogen
Current conditions: A midweek clipper storm is poised to bring as much as six more inches of snow to parts of the Great Lakes and Northeast • American Samoa is halfway through three days of fierce thunderstorms and temperatures above 80 degrees Fahrenheit • Northern Portugal is bracing for up to four inches more of rain after three deadly storms in just two weeks.

The Environmental Protection Agency is preparing this week to repeal the Obama-era scientific finding that provides the legal basis for virtually all federal regulations of planet-heating emissions, marking what The Wall Street Journal called “the most far-reaching rollback of U.S. climate policy to date.” The 2009 “endangerment finding” concluded that greenhouse gases pose a threat to public health and welfare, calling for cuts to emissions from power plants and vehicle tailpipes. EPA Administrator Lee Zeldin told the newspaper the move “amounts to the largest act of deregulation in the history of the United States.” In an interview with my colleague Emily Pontecorvo last year, Harvard Law School’s Jody Freeman said rescinding the endangerment finding would do “more serious and more long term damage” and “could knock out a future administration from trying to” bring back climate policy. But that, Freeman said, would depend on the Supreme Court backing the administration. “I don’t think that’s likely, but it’s possible,” she said.
At issue is the 2007 case Massachusetts v. EPA, which determined that greenhouse gases qualified as pollutants under the Clean Air Act. As Emily wrote last week, “the agency claims that its previous read of Massachusetts v. EPA was wrong, especially in light of subsequent Supreme Court decisions, such as West Virginia v. EPA and Loper Bright v. Raimondo. The former limited the EPA's toolbox for regulating power plants, and the latter ended a requirement that courts to defer to agency expertise in cases where the law is vague.” An earlier report in The Washington Post questioned whether the agency would proceed with the repeal at all, fearing these arguments would pass muster in the nation’s highest court.
BYD has sued the United States government over the 100% tariff on Chinese electrics that serves as an effective ban on Beijing’s booming auto exports. Four U.S.-based subsidiaries of the world’s largest manufacturer of electric vehicles filed a lawsuit in the U.S. Court of International Trade challenging the legality of the Trump administration’s trade levies. The litigation marks what the state-backed tabloid Global Times called “the first instance of a Chinese automaker directly and actively challenging U.S. tariffs, setting a precedent and carrying significance for Chinese enterprises to protect their legitimate rights and interests through legal means.”
Outside the U.S., BYD is booming. China’s cheap electric cars are popular all over the world, as Heatmap’s Shift Key podcast covered in December. Canadian Prime Minister Mark Carney’s deal to increase trade with China will bring the battery-powered vehicles to North American roads. And the Chinese edition of the trade publication Automotive News just reported that BYD is planning a factory expansion in Europe and Canada.
Hot off last month’s news that it plans to go public, Fervo Energy has drilled its highest-temperature well yet. The drilling results confirm that the next-generation geothermal startup tapped into a resource with temperatures above 555 degrees Fahrenheit at approximately 11,200 feet deep. The company announced the findings Monday of an independent assessment using appraisal data from the drilling. The analysis found that the Project Blanford site in Millard County, Utah, has multiple gigawatts of heat that can be harnessed. Its completion will be a breakthrough for enhanced geothermal systems, one of two leading approaches to the next-generation geothermal sector that Heatmap’s Matthew Zeitlin outlined here. “This latest ultra-high temperature discovery highlights our team’s ability to detect and develop EGS sweet spots using AI-enhanced geophysical techniques,” Jack Norbeck, Fervo’s co-founder and chief technology officer, said in a statement.
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Chinese scientists have for the first time discovered natural hydrogen sealed in microscopic inclusions near Tibet. The finding, which the Xinhua news agency called “groundbreaking,” fills what the China Hydrogen Bulletin called “a major domestic research gap and points to a new geological pathway for identifying China’s next generation of clean energy resources.” Natural, or geological, hydrogen could provide a cheap source of the zero-carbon fuel and give oil and gas drillers a natural foothold in a new, clean industry. In the color spectrum associated with hydrogen, the rare, naturally formed stuff is called white hydrogen. But as Heatmap’s Katie Brigham wrote in December, a new color has joined the rainbow. Orange hydrogen refers to a family of technologies that naturally spur production of the gas, as the startup Vema is now attempting to do.
China’s coal-fired power generation decreased 1.9% last year, marking what the consultancy Wood Mackenzie called “a historic shift driven by new non-fossil generation that has finally outpaced demand growth.” Power demand surged 5% in China last year, but for the first time in a decade that wasn’t propelled by coal plants. Instead, that new demand was supplied by renewables, nuclear, and hydro, all of which Beijing has rapidly deployed. Over that time, the levelized cost of energy — a widely used though, as Matthew wrote last year, far-from-perfect metric — fell 77% for utility-scale solar and 73% for onshore wind. “At the heart of this transformation is the unprecedented expansion of renewable energy capacity,” Sharon Feng, a senior research analyst for Wood Mackenzie, said in a statement. “China’s wind and solar capacity had risen more than ten-fold to 1,842 gigawatts over the past decade.”
Gone are the days when the oil industry seemed to be on track for a lucrative decline. Demand for crude will take longer to peak than previously estimated as governments prioritize growth and energy security over efforts to curb consumption. That’s according to a report issued Sunday by Vitol Group, the world’s largest independent oil trader. “Over the past year, decarbonisation policies have become a less decisive driver of efforts to curb oil consumption and reduce carbon dioxide emissions,” the report stated, according to Bloomberg. “Policy priorities have increasingly been reframed around economic competitiveness and geopolitical strategy.”
The race for a long-duration energy storage solution has a new competitor. The Dutch startup Ore Energy has deployed its iron-air storage technology successfully on the grid for a technical pilot of its system that can store for 100 hours of power. The pilot, the first of its kind in Europe, demonstrated that the company’s technology can store and discharge energy for up to four days. “This pilot allowed us to evaluate iron-air performance under European operating profiles and real-world grid conditions,” Aytaç Yilmaz, co-founder and CEO of Ore Energy, said in a statement.
Wildfires are moving east.
There were 77,850 wildfires in the United States in 2025, and nearly half of those — 49% — ignited east of the Mississippi River, according to statistics released last week by the National Interagency Fire Center. That might come as a surprise to some in the West, who tend to believe they hold the monopoly on conflagrations (along with earthquakes, tsunamis, and megalomaniac tech billionaires).
But if you lump the Central Plains and Midwest states of Minnesota, Iowa, Missouri, Arkansas, Oklahoma, and Texas along with everything to their east — the swath of the nation collectively designated as the Eastern and Southern Regions by the U.S. Forest Service — the wildfires in the area made up more than two-thirds of total ignitions last year.

Like fires in the West, wildfires in the eastern and southeastern U.S. are increasing. Over the past 40 years, the region has seen a 10-fold jump in the frequency of large burns. (Many risk factors contribute to wildfires, including but not limited to climate change.)
What’s exciting to wildfire researchers and managers, though, is the idea that they could catch changes to the Eastern fire regime early, before the situation spirals into a feedback loop or results in a major tragedy. “We have the opportunity to get ahead of the wildfire problem in the East and to learn some of the lessons that we see in the West,” Donovan said.
Now that effort has an organizing body: the Eastern Fire Network. Headed by Erica Smithwick, a professor in Penn State’s geography department, the research group formed late last year with the help of a $1.7 million, three-year grant from the Gordon and Betty Moore Foundation, a partner with the U.S. National Science Foundation, with the goal of creating an informed research agenda for studying fire in the East. “It was a very easy thing to have people buy into because the research questions are still wide open here,” Smithwick told me.
Though the Eastern U.S. is finally exiting a three-week block of sub-freezing temperatures, the hot, dry days of summer are still far from most people’s minds. But the wildland-urban interface — that is, the high-fire-risk communities that abut tracts of undeveloped land — is more extensive in the East than in the West, with up to 72% of the land in some states qualifying as WUI. The region is also much more densely populated, meaning practically every wildfire that ignites has the potential to threaten human property and life.
It’s this density combined with the prevalent WUI that most significantly distinguishes Eastern fires from those in the comparatively rural West. One fire manager warned Smithwick that a worst-case-scenario wildfire could run across the entirety of New Jersey, the most populous state in the nation, in just 48 hours.
Generally speaking, though, wildfires in the East are much smaller than those in the West. The last megafire in the Forest Service’s Southern Region was as far west in its boundaries as you can get: the 2024 Smokehouse Creek fire in Texas and Oklahoma, which burned more than a million acres. The Eastern Region hasn’t had a megafire exceeding 100,000 acres in the modern era. For research purposes, a “large” wildfire in the East is typically defined as being 200 hectares or more in size, the equivalent of about 280 football fields; in the West, a “large” wildfire is twice that, 400 hectares or more.
But what the eastern half of the country lacks in total acres burned (for that statistic, Alaska edges out the Southern Region), it makes up for in the total number of reported ignitions. In 2025, for example, the state of Maine alone recorded 250 fires in August, more than doubling its previous record of just over 100 fires. “The East is highly fragmented,” Donovan, who is contributing to the Eastern Fire Network’s research, told me. “We have a lot of development here compared to the West, and so it’s much more challenging for fires to spread.”
Fires in the West tend to be long-duration events, burning for weeks or even months; fires in the East are often contained within 48 hours. In New Jersey, for example, “smaller, fragmented forests, which are broken up by numerous roads and the built environment, [allow] firefighters to move ahead of a wildfire to improve firebreaks and begin backfiring operations to help slow the forward progression,” a spokesperson for the New Jersey Forest Fire Service told me.
The parcelized nature of the eastern states is also reflected in who is responding to the fires. It is more common for state agencies and local departments — including many volunteer firefighting departments — to be the ones on the scene, Debbie Miley, the executive director of the National Wildfire Suppression Association, a trade group representing private wildland fire service contractors, told me by email. On the one hand, the local response makes sense; smaller fires require smaller teams to fight them. But the lack of a joint effort, even within a single state, means broader takeaways about mitigation and adaptation can be lost.
“Many eastern states have strong state forestry agencies and local departments that handle wildfire as part of an ‘all hazards’ portfolio,” Miley said. “In the West, there’s often a deeper bench of personnel and systems oriented around long-duration wildfire campaigns (though that varies by state).”
All of this feeds into why Smithwick believes the Eastern Fire Network is necessary: because of this “intermingling, at a very fine scale, of different jurisdictional boundaries,” conversations about fire management and the changing regimes in the region happen in parallel, rather than with meaningful coordination. Even within a single state, fire management might be divided between different agencies — such as the Game Commission and the Bureau of Forestry, which share fire management responsibilities in Pennsylvania. Fighting fires also often involves working with private landowners in the East; in the West, on the other hand, roughly two-thirds of wildfires burn on public land, which a single agency — e.g. the Bureau of Land Management, Forest Service, or Park Service — manages.
But “wildfire risk is going to be different than in the West, and maybe more variable,” Smithwick told me. Identifying the appropriate research questions about that risk is one of the most important objectives of the Eastern Fire Network.
Bad wildfires are the result of fuel and weather conditions aligning. “We generally know what the fuels are [in the East] and how well they burn,” Smithwick said. But weather conditions and their variability are a greater question mark.
Nationally, fire and emergency managers rely on indices to predict fire-weather risk based on humidity, temperature, and wind. But while those indices are dialed in for the Western states, they’re less well understood in the East. “We hope to look at case studies of recent fires that have occurred in the 2024 and 2025 window to look at the antecedent conditions and to use those as case studies for better understanding the mechanisms that led to that wildfire,” Smithwick said.
Learning more about the climatological mechanisms driving dry spells in the region is another explicit goal. Knowing how dry spells evolve, and where, will help researchers and eventually policymakers to identify mitigation strategies for locations most at risk. Smithwick also expects to learn that some areas might not be at high risk: “We can tell you that this is not something your community needs to invest in right now,” she told me.
Different management practices, jurisdictions, terrains, and fuel types mean solutions in the East will look different from those in the West, too. As Donovan’s research has found, the unmanaged regrowth of forests in the northeast in particular after centuries of deforestation has led to an increase in trees and shrubs that are prone to wildfires. Due to the smaller forest tracts in the area, mechanical thinning is a more realistic solution in eastern forests than on large, sprawling, remote western lands.
Prescribed burns tend to be more common and more readily accepted practices in the East, too. Florida leads the nation in preventative fires, and the New Jersey Forest Fire Service aims to treat 25,000 acres of forest, grasslands, and marshlands with prescribed fire annually.
The winter storms that swept across the Eastern and Southern regions of the United States last month have the potential to queue up a bad fire season once the land starts to thaw and eventually dry out. Though the picture in the Eastern Region is still coming into focus depending on what happens this spring, in the Southern region the storms have created “potential compaction of the abundant grasses across the Plains, in addition to ice damage in pine-dominant areas farther east,” the National Interagency Fire Center wrote in last Monday’s update to its nationwide fire outlook. (The nearly million-acre Pinelands of New Jersey are similarly a fire-adapted ecosystem and are “comparable in volatility to the chaparral shrublands found in California and southern Oregon,” the spokesperson told me.)
The compaction of grasses is significant because, although they will take longer to dry and become a fuel source, it will ultimately leave the Southern region covered with a dense, flammable fuel when summer is in full swing. Beyond the Plains, in the Southeast’s pine forests, the winter-damaged trees could cast “abundant” pine needles and “other fine debris” that could dry out and become flammable as soon as a few weeks from now. “Increased debris burning will also amplify ignitions and potential escapes, enhancing significant fire potential during warmer and drier weather that will return in short order,” NIFC goes on to warn.
Though the historically wet Northeast and humid Southeast seem like unlikely places to worry about large wildfires, as conditions change, nothing is certain. “If we learned anything from fire science over the past few decades, it’s that anywhere can burn under the right conditions,” Smithwick said. “We are burning in the tundra; we are burning in Canada; we are burning in all of these places that may not have been used to extreme wildfire situations.”
“These fires could have a large economic and social cost,” Smithwick added, “and we have not prepared for them.”
New guidelines for the clean fuel tax credit reward sustainable agriculture practices — but could lead to greater emissions anyway.
The Treasury Department published proposed guidance last week for claiming the clean fuel tax credit — one of the few energy subsidies that was expanded, rather than diminished, by Trump’s One Big Beautiful Bill Act. There was little of note in the proposal, since many of the higher-stakes climate-related decisions about the tax credit were made by Congress in the statute itself. But it did clear up one point of uncertainty: The guidance indicates that the administration will reward biofuel crops cultivated using “climate-smart agriculture” practices.
On the one hand, it’s a somewhat surprising development simply because of Trump’s record of cutting anything with climate in the title. Last April, the U.S. Department of Agriculture terminated grants from a Biden-era “Climate-Smart Commodities” program, calling it a “slush fund,” and refashioned it into the “Advancing Markets for Producers” initiative.
On the other hand, depending on how the Trump administration implements it, integrating climate-smart agriculture into the clean fuel tax credit could become its own kind of slush fund, paying out billions in taxpayer dollars for questionable benefits and with little accountability.
The clean fuel tax credit, known by its section of the tax code as 45Z, subsidizes the production of low-carbon transportation fuels for vehicles and aviation. Companies can earn up to $1 per gallon depending on the carbon intensity of the production process.
Sourcing corn and soy from farms that use climate-smart agriculture practices is one potential way for biofuel producers to claim more of the credit. “Climate-smart agriculture” can refer to a wide variety of techniques that increase the amount of soil stored in carbon or otherwise reduce emissions, such as reducing soil disturbance, planting cover crops, or implementing nutrient management practices that reduce nitrous oxide emissions. But to date, the federal government has not issued guidance for how to account for these practices.
The Biden administration put out proposed rules just before leaving office that were quite controversial, Nikita Pavlenko, the fuels and aviation program director at the International Council on Clean Transportation, told me. The methodology relied entirely on modeling and did not require farmers to take any real-life measurements of soil carbon before or after adopting the climate-smart practice. The rules also assume that these climate-smart practices would be implemented anew, when in reality many farms have been practicing some of them for years without subsidies. That means ethanol producers could potentially get free money to buy corn from farms that adopted no-till practices long ago, with no additional benefit for the climate.
“These climate-smart ag practices are a rare example of bipartisanship, for what it’s worth, and there’s a lot of money to be made in it,” Pavlenko told me. “But I’m not sure exactly how much actual greenhouse gas reduction or sequestration.”
According to estimates by Pavlenko’s group, the lack of an additionality requirement could lead to the government paying $2.1 billion in subsidies for farms to keep doing what they were already doing, with no new benefits for the climate.
I should note that the climate integrity of the clean fuel tax credit, also known as 45Z, was already compromised by changes made in the OBBBA. Subsidies for crop-based biofuels can indirectly drive deforestation. Prior to Trump’s tax law, producers would have had to take into account emissions related to land use changes when they calculated the carbon intensity of their fuel. Now they don’t. The change will make it much easier for a fuel like ethanol, which is already heavily subsidized through other programs, to qualify.
That, in turn, could cost taxpayers an estimated five times as much per year. When the subsidy was first created in the Inflation Reduction Act, the Joint Committee on Taxation estimated that it would cost taxpayers $2.9 billion over three years. After the OBBBA passed, extending the credit by two years, the committee’s estimate was $25.7 billion.
The existing proposal for incorporating climate-smart agriculture practices into the tax credit calculation would likely push that estimate even higher. After the Biden administration released its proposal last January, groups like Pavlenko’s submitted comments critiquing the methods and suggesting changes. But after the Trump administration took over, it was unclear what would happen with it, he said.
Last week’s guidance was still somewhat vague about what’s next for the climate-smart agriculture calculations, saying only that the proposal published in January is still “undergoing testing, peer review, and public comment,” and that the Treasury expects it to be ready some time in 2026. In the meantime, the Treasury will be taking public comments on the broader 45Z guidance through April 6 and hold a public hearing on May 28.