You’re out of free articles.
This Halloween, get 20% off using code ADVANCED
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
A conversation with Harvard Law School’s Jody Freeman about life after the endangerment finding.

The Environmental Protection Agency unveiled a proposal on Tuesday to reverse its own conclusion that greenhouse gases are a threat to public health and welfare. Known as the “endangerment finding,” this 2009 determination initially compelled the agency to regulate carbon emissions from vehicles under the Clean Air Act. But the agency has since used it as the basis for many of its efforts to tackle climate change, including emissions limits on power plants, oil and gas operations, and aviation.
If the reversal is finalized as written — and survives court challenges — the EPA will no longer have the legal authority to regulate carbon dioxide from the tailpipes of cars or trucks, invalidating the vehicle standards issued by the Biden administration last year.
While other greenhouse gas regulations wouldn’t automatically disappear, the agency could easily use the same arguments to repeal them. Indeed, the agency said that it has already initiated or intends to initiate “separate rulemakings that will address any overlapping issues” related to other sources of greenhouse gas emissions, such as power plants.
EPA’s primary justification for reversing course, detailed in a 302-page document, is that the Clean Air Act is designed to target air pollution that endangers public health “through local or regional exposure,” and therefore that it cannot be used to rein in greenhouse gases “based on global climate change concerns.” Richard Revesz, a professor of law at New York University and former Biden official, told me this was “breathtakingly broad,” and said that it was “inconsistent with 55 years of regulation under the Clean Air Act. That limitation was never understood to be there.”
The EPA also put forth a host of other legal and scientific arguments, “basically throwing the kitchen sink at this issue,” Revesz said. The proposal asserts that the EPA should have considered the downstream costs of making the finding, as well as weighed the potential benefits of a warmer climate. In a section entitled “Alternative Rationale for Proposed Rescission,” the agency attempts to poke holes in the scientific evidence that climate change is a threat to public health, concluding that the research is uncertain. It cites a report from the Department of Energy, also released Tuesday, that says the warming caused by greenhouse gases is not as bad for the economy as people once thought, and that regulating such emissions will have “undetectably small direct impacts on the global climate.”
The proposal cherry-picks data and misinterprets scientific findings. For example, it says that recent evidence suggests that the temperature projections EPA used to make the endangerment finding were “unduly pessimistic,” citing a 2020 paper by climate scientist Zeke Hausfather. But Hausfather has already posted on social media that this is wrong — his paper supported the EPA’s 2009 temperature projections.
My inbox is currently full of statements from legal experts, scientists, and activists adamant that the administration’s arguments are baseless. The agency will be taking public comments on the proposal through September 21, and hold at least two public hearings on August 19 and 20. To get a sense of what to expect over the coming months and years as a result of this move, I called up Jody Freeman, the director of the Environmental and Energy Law Program at Harvard and a former White House counsel for the Obama administration. Our conversation has been lightly edited for clarity.
What will EPA have to do in order to finalize this proposal?
What they do is put it out for public comment. There’ll be a huge reaction to this, and so they’ll have a very big set of comments that they’re going to have to go through, which then will take them several months at a minimum. And they’re not necessarily going to be in a rush, right? At a minimum, we’re going to be getting into 2026 before we’d see a final rule. And then the lawsuits would start.
Other than just responding to the public comments, are there certain things that they would have to demonstrate to finalize this determination?
The normal process is you have to respond to the most serious and relevant comments. So if the comment says, The claims you’re making about the science are wrong, they’d have to respond to that. The normal course is they come back with a final rule that explains why they’re doing what they’re doing, and why they either didn’t agree with the comments, or they do agree with some of them, and they’ve adapted the proposal.
And as you said, then the lawsuits would start.
It doesn’t take effect for 30 days after it’s final. But yes, at that point, they get sued. These rules go to the D.C. Circuit Court of Appeals because that’s what the Clean Air Act says, and usually it would take about a year or so for a D.C. Circuit decision to happen. So now you’re in 2027. You can see the timeline on this stretching out. And if you ultimately think this could go to the Supreme Court, you can imagine that’s another year away. So basically, for the rest of President Trump’s term, you really shouldn’t expect to see enforcement or action on federal climate rules.
Even if the EPA hadn’t taken this step, wouldn’t that still have been the case, since the Trump administration is fighting the power plant rules and the vehicle emissions rules?
Well, you could see them dragging their feet enforcing these standards. Of course, they would get sued if they weren’t enforcing vehicle emission standards against the auto industry. There would be efforts to force them to enforce. But it’s more serious and more long term damage for them to try to rescind the underlying endangerment finding because depending on what the Supreme Court does with that, it could knock out a future administration from trying to bring it back. Now that would be the nuclear option. That would be their best case scenario. I don’t think that’s likely, but it’s possible.
At a minimum, let’s say they don’t win everything, but the court says they can do this for now — they have the discretion, the flexibility not to make this finding. Another administration can come back and make it and restore the rules. But that would take, again, several years. So even if they lose, they win.
If they do finalize this, would the other lawsuits that are going on around the power plant rules and the vehicle emissions rules automatically be dropped?
There are a few lawsuits that were challenging the Biden-era rules, but the Trump administration asked the courts to hold them in abeyance because they said, We’re going to go revisit all those rules and replace them. So those lawsuits aren’t moving forward anyway at the moment. It would probably be true that the administration, in taking this action, wants to set up a situation where it can go back into court and say, Well, now all these challenges are moot. We don’t have any authority to regulate anyway. But for now, they’re all on hold.
Are there other regulations this will affect besides those for vehicles and power plants?
The methane rule for oil and gas facilities is more of a question mark because they don’t seem to be announcing they’ll eliminate it. It’s possible they push off compliance. It’s possible they make the rule weaker. But there are a couple reasons why they might not rescind that.
One is that there’s a very complicated history of this rule. Congress disapproved of a weaker methane rule the first time around in the Trump administration, and because of that congressional action, there’s a barrier there. They can’t easily just rescind that methane rule. They’ve got more legal hurdles to jump through.
The other reason is there are some good reasons to regulate methane that have to do with ozone pollution and pollution that isn’t just about climate change. And the third reason is the oil and gas industry might actually want a methane rule. They might want a weak one, but they might want one federally. So that’s a bit separate, and you have to be on the lookout for them handling methane differently.
Could a future EPA just develop stronger pollution standards for other pollutants that would indirectly reduce greenhouse gas emissions?
It’s true that when you set toxics standards, for example, for power plants to control their toxic pollution, a side benefit is those power plants become more efficient, and that means they control their carbon pollution, too. But this is more around the margins. This is not taking big bites out of power plant greenhouse gas emissions or big bites out of car and truck emissions. It would be a much, much, much weaker version of what you can do with the endangerment finding.
So if the endangerment finding is reversed, is the only path for future regulation for Congress to explicitly tell EPA that it must regulate greenhouse gases?
That’s one option, but it may not necessarily be the only one. It depends on where this lands after it moves through the courts. If the Supreme Court said, You, Trump EPA, you can rescind this finding, but another administration could bring it back, then another administration can say, Well, we think the science is clear, and we’re going to make the finding again and issue these rules. So it all depends on how far the court goes. If it’s going to agree with EPA, how much will it agree? But if the court were to essentially say, this agency has no authority now and forever to make this finding, well then yes, you need new law.
Will the overturning of the Chevron doctrine also play into this?
That’s another interesting one. So what they have to do now is argue that greenhouse gases might be pollutants, but we don’t have to regulate them. And when they argue that we don’t have to regulate them, they’re going to be asking for a lot of deference. And so in that sense, they’re kind of asking for what Chevron used to give you — deference. But they don’t have Chevron anymore, so they’re going to have to say to the court, You should agree with our reading of this law. This is the best reading of this law, that we don’t have to regulate. They no longer can just say, you ought to defer to us under Chevron.
In that scenario, is it left to the court to decide?
It’s left to the court to say, your reading of the law is right. You have flexibility here, and you can decide you don’t need to regulate. The court would have to agree with their reading of the Clean Air Act.
Isn’t the endangerment finding more of a scientific question than a legal one?
Well, in making that scientific decision about what constitutes a danger to human health, there’s a lot of judgment in there. How do we interpret the science? Is it okay for us to say, well, there are a lot of good things that happen because of climate change? This is what they might do, right? They might say, The EPA, long ago, they ignored all the good stuff about climate change, and we think that’s really important. They might say some ludicrous stuff that leading scientists would think is completely wrong. But there’s some discretion in there about how you count the science and what you weigh, and they’re going to try to get the court to agree that they have a lot of flexibility in what method they use. That means the court will have to agree with them on how they read the law.
So they might say, We have flexibility to interpret the science, and the court might say, No, you don’t, the science is really clear. Then they might say, Okay, well even so, the U.S. contribution is so infinitesimally small that we don’t consider it a contribution to the problem. Now there, the court might say, Okay, you have discretion there. So it’s a little bit of a moving target, where at every opportunity they’re going to say, We have flexibility, don’t you agree?, and hope the court bites on one of those.
This Halloween, get 20% off using code ADVANCED
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
BAAJA would likely help speed up the U.S. transmission buildout, but there’s a chance we’re undercounting the benefits.
This is Heatmap Daily, a weekday digest written by our executive editor. Subscribe here.
As you may have seen, my colleague Emily Pontecorvo and I got the first look at the Rhodium Group’s analysis of what the bipartisan permitting bill will do to emissions.
You can read our story at Heatmap. The upshot is that the bill’s most significant provisions are likely neutral for climate change in a worst-case scenario — and could, in more optimistic scenarios, help reduce emissions. (Those scenarios aren’t about how the bill will be interpreted, to be clear, but about what might happen in the broader energy economy — with economic growth, for instance, or oil prices — that will feed back into the emissions math.)
I won’t give away much more about our story, but there is one irony I want to note about the Rhodium study and the broader morass of American electricity policy. One of the Rhodium study’s big findings is that BAAJA will help expand the transmission system. Power lines are essential for decarbonization because they move electricity from the country’s sunniest and windiest places to its cities, towns, and suburbs.
BAAJA will help transmission both because the law affirmatively expands the power grid and because the bill’s changes to environmental review law could help power lines. Today, for instance, it takes twice as long on average to conduct a federal environmental impact study for transmission lines as it does for pipelines, according to Rhodium data. All in all, the Rhodium analysis estimates BAAJA could increase the amount of new transmission capacity added per year by 167% to 262% nationwide, compared to the average rate over the past decade.
Which is very interesting. But it’s worth noting that the Rhodium analysis may — emphasis on may — undercount the bill’s transmission benefits. This is because the Rhodium authors did not have time to conduct a full network study of the U.S. transmission system, which would take into effect the grid’s physical footprint, power flows, and existing bottlenecks. Instead, they looked at power supply and demand within the context of the broader U.S. energy system.
That’s a reasonable decision; indeed, it was probably the only decision they could make. Because of how energy system models work, a more fulsome analysis might have taken weeks to complete, not to mention a very large amount of money and computational power. When the National Renewable Energy Lab studied how quickly Los Angeles could switch to 100% renewable energy earlier this decade, for instance, it ran such a study, modeling every transmission line and substation in LA. Its supercomputer wound up churning through more than 100 million simulations; the research effort took three years. If the Rhodium analysts had done even a fraction as much work to examine what BAAJA would mean for the country’s power grid, then they would have of course finished their analysis well after the window to vote on BAAJA would have closed.
One of the ironies here is that while the LA 100 study was particularly exhaustive, we actually require clean energy projects to conduct similar studies all the time. Right now, one of the primary reasons it takes so long to hook up a new power plant to the grid is that it has to undergo an interconnection study in many parts of the country. In those regions, a new solar farm or battery project can’t connect to the grid until operators study its effect on grid congestion everywhere else.
As it happens, BAAJA aims to fix this process, allowing power plants to join the grid in batches.
I want to note the irony that a process we mandate for the power sector is actually too slow to deliver speedy policy analysis to legislators. If Rhodium had tried to study BAAJA the way we make power plants study the grid, then it never would have delivered its verdict in time. If you think Congress is slow, in other words, you should meet the electricity sector.
Current conditions: The Pineapple Express, an atmospheric river originating in the Pacific near Hawaii, is arriving in the Southwest laden with heavy rain that’s set to flood the region • Indonesia has the worst air quality in the world as forest fires rage along Sumatra’s southern coast • A cross-country storm will soak much of the United States on Tuesday’s Election Day.
The Senate’s grand compromise to simplify federal permitting on energy projects would likely drop emissions slightly as the benefits to accelerating deployments of clean energy infrastructure outweigh the boost the legislation could give to fossil fuels. Even under the worst-case scenario, emissions remain on the same trajectory as today. That’s according to a hotly anticipated new analysis by the Rhodium Group, the consultancy whose U.S. emissions estimates are among the most widely cited in American politics. The report, shared first with my colleague Emily Pontecorvo, found that provisions in the Bipartisan American Affordability and Jobs Act largely counteract each other on climate. The bill makes building transmission lines much easier, a key step to patching more renewables onto the grid. But it also makes new gas pipelines simpler to permit, clearing the way for a buildout of the infrastructure for the fossil fuel already dominating U.S. electricity and heating systems. Still, under the best-case scenario, the legislation could cut U.S. economy-wide emissions by 5% below where they would otherwise go in 2040. The bill could also slash energy bills by $78 per year and support construction of more than 200 gigawatts of clean energy capacity, as compared to a world where it didn’t pass. The Rhodium report is at least the second analysis yet to find that the bill could modestly lower emissions. The first, as I reported last week, came from the think tank Resources for the Future, which saw a slight drop in power-sector emissions relative to a world without BAAJA.
If overhauling national permitting rules to make building green energy infrastructure easier doesn’t work to lower emissions, traditional negotiations in favor of regulations that can deliver cuts looks no more promising. Two weeks of United Nations-led talks in Armenia ended Saturday without a settled approach to meeting 2030 deadlines for preserving more nature. “We don’t need to spend more to close the biodiversity funding gap, we need to spend better,” Marina Von Weissenberg, a Finnish senior ministerial advisor, said in a statement. “Governments have a real opportunity here to reshape public spending with future generations in mind, but they can’t do it alone. International coordination is key to giving governments the confidence to lead change.”
Last week, my colleague Katie Brigham published a detailed feature highlighting China’s tightening grip over the global supply chain for electrolyzers, the technology that zaps water with electricity to separate the molecule’s hydrogen from its oxygen and harvest the former as fuel. Keen readers of this newsletter recognize the story. Even before the Iran War, China had beefed up its public support for green hydrogen and related technologies. After the conflict constricted the flow of oil through the Strait of Hormuz, the People’s Republic redoubled its efforts. Quite literally. New data from the National Energy Administration shows that investments into the hydrogen industry doubled in the first nine months of this year, according to Hydrogen Insight.
Fermi America went public in a gangbusters initial public offering last year as the company, with a board of directors including former Texas governor and U.S. Secretary of Energy Rick Perry, pledged to build the world’s largest data center and power the facility with gas and four large-scale Westinghouse AP1000 nuclear reactors. In April, the chief executive and chief financial officer quit. The board room drama continued into the next month. The company’s stock recovered somewhat over the summer as investors bet on a turnaround pegged to a series of deals with companies looking to lease space on its future servers. But fresh chaos enveloped the startup Friday when The Texas Tribune reported that Perry had failed to earn enough support from the board of directors to win reelection to his seat.
In a statement posted to X on Friday evening, Fermi said that neither Perry nor investor Jeffrey Stein had been removed from the company’s board. “In fact, both Governor Perry and Jeffrey Stein received a majority of the votes cast by shareholders,” the statement read. “Let’s be clear: Governor Perry and Mr. Stein remain members of Fermi’s Board of Directors and will continue serving until their successors are duly elected. Both remain eligible for reelection.”
Sign up to receive Heatmap AM in your inbox every morning:

If you thought the fine particulate matter from last year’s catastrophic Los Angeles firestorm was bad, you weren’t thinking imaginatively enough about just how dangerous all that airborne material could be. A new study published in the journal Science Advances suggests that upward of 7 million people were exposed to high levels of airborne lead and other toxic metals released when homes and vehicles caught flame. The January 2025 Eaton inferno that destroyed more than 9,400 buildings and killed 19 people spewed 80 times the normal concentration of lead found in the atmosphere through a plume that settled over 70% of the Los Angeles metropolitan area. “I can envision that in the future we have these evacuation zones for smoke exposure as well,” Haroula Baliaka, the study’s lead author, who was a PhD candidate at Caltech last year, told Bloomberg. “Unfortunately, this is not a one-time event. It’s a new reality and we need to adapt to it and we need to do it sooner rather than later.”
The findings come a week after a study published in JAMA Pediatrics showed a link between wildfire smoke exposure during pregnancy and autism diagnoses in children. The research from Rutgers University examined 893,212 mother-child pairs enrolled in Medicaid, with children born between 2007 and 2014. Each increase of 0.75 micrograms per cubic meter in average concentrations of wildfire-related air pollution during pregnancy was associated with a 30% higher risk of a subsequent autism diagnosis. Exposure in the second and third trimesters had the highest risk. “Wildfire smoke can travel far beyond the communities where fires are burning, and exposure may occur even when smoke is not visible,” Stefania Papatheodorou, an epidemiologist at the Rutgers School of Public Health and lead author of the study, said in a press release. “Our findings highlight the importance of awareness of wildfire events and their potential effects on air quality during pregnancy.”
The United Kingdom is building out more than 10 gigawatts of offshore wind as London looks to shore up its electricity supplies amid the global energy shock. But Chancellor of the Exchequer John Healey said he would veto any offshore wind projects that don’t lower bills. While clean power is “how we break the grip of international gas prices on our bills,” he said the infrastructure “has to come at the right pace, in the right places, with the grid to carry it.” The statement fueled what The Guardian called “concerns that the government is moving away from the pro-renewables agenda.”
Meanwhile, the U.S. midterms aren’t the only election this week. In Sunday’s runoff election, Bulgaria’s pro-Russian acting President Iliana Iotova appeared to eke out a victory over the former prime minister Andrei Gyurov, a pro-Western banker. Her win unites the government with her close ally, Prime Minister Rumen Radev, ensuring stronger support for the leader’s two signature energy policies. One, a plan to build a pair of Westinghouse AP1000s at the Kozloduy nuclear plant, is scheduled to advance to the next planning stage next year. The other, the easing of sanctions on Russian uranium to ensure a supply of fuel for the plant’s existing reactors, looks likely to continue under Iotova’s friendly diplomacy with the Kremlin.
William Nordhaus, the pioneering Yale University economist who won the Nobel Prize in 2018 for integrating climate change into macroeconomic analysis, has died at 85 following a battle with an aggressive form of brain cancer. His nephew, Ted Nordhaus of the Breakthrough Institute, referred to his father, Robert Nordhaus, as “the original environmental lawyer and Bill as the original environmental economist,” he wrote in a blog post after his uncle’s passing. “It is safe to say that the Nordhaus brothers were doing environmental law and economics, respectively, long before either label existed. Not bad for two kids who grew up in the intellectual hotbed of Albuquerque, New Mexico, population 40,000, during and after the second world war.” Their legacies are something of the Nordhaus family brand: Pragmatism. May his memory be a blessing.
Even in the worst-case scenario, BAAJA wouldn’t increase emissions, an analysis by the Rhodium Group concludes.
The bipartisan permitting reform bill is likely to slightly cut greenhouse gas emissions and lower electricity bills by 2040 — or at worst leave emissions on the same trajectory that they are on today — as compared to the status quo, according to a new analysis of many of its provisions by the Rhodium Group, an independent research firm.
The analysis examines the policies in the Bipartisan American Affordability and Jobs Act, or BAAJA, that would have the most-clear cut effects on climate pollution and the energy system. It is the most comprehensive account of the bill’s effects on emissions so far, although it does not examine all of its provisions.
The bill is hard to analyze because — unlike recent partisan energy bills, such as the Inflation Reduction Act or President Trump’s tax and spending bill — its effects on the climate are more ambiguous and often seem to counteract each other. BAAJA will make it easier to build not only long-distance transmission lines, which are essential for clean energy, but also natural gas pipelines, which can expand fossil fuel production.
Yet the climate benefits likely outweigh or balance out the harms, at least among the studied policies, the report finds. In the best case scenario, the bill could cut U.S. economy-wide emissions by 4%, reduce energy bills by $78 per year, and drive more than 200 gigawatts of new clean energy capacity by 2040, compared to status quo policy. In a worst case scenario, greenhouse gas emissions would remain unchanged on their current trajectory.
The results should be viewed as more directionally instructive than a precise accounting of the legislation, Ben King, an energy and climate director at Rhodium, told me.
“We don’t see emissions increasing because of the bill,” King said. “This bill should drive some emission reductions, it should drive some more clean energy on the grid, and it should drive electricity bills down. And given the complexity of the bill, that’s what we can say at this point.”
The analysis does not look at the bill’s permitting certainty provisions, which Democrats initially sought to stop President Trump’s war on wind but have become one of its thorniest sections. Rhodium’s modeling is also a crude tool for assessing transmission policy, since the model can look only at economic inputs such as supply and demand, and not the physical reality of the U.S. grid, such as where transmission lines run or where the bottlenecks are.
It is the second analysis to find that the bill could modestly lower carbon pollution. A more limited report focusing only on the power grid, published last week by the think tank Resources for the Future, found the legislation could cut electricity emissions by 6% while reducing electricity system costs by $350 billion through 2050.
The effects of the bill may sound small, but BAAJA is not a climate bill. It’s not engineered to reduce reliance on fossil fuels or boost clean energy technologies. Its overarching purpose is to address various federal bottlenecks that bog down America’s ability to build stuff, whether that’s a pipeline or a highway or a power line or a solar farm. So it’s not entirely surprising that it’s not expected to have a dramatic effect on emissions.
The reason it’s a priority for Senate climate champions is that many of its provisions are important precursors to decarbonizing the U.S. economy more quickly. By enabling faster expansion of the power grid, the bill would put the country in a much better position to transition to clean energy. After Joe Biden’s big climate bill, the Inflation Reduction Act, passed in 2022, Princeton University researchers found that the country’s slow buildout of transmission lines would be a major obstacle to gleaning the law’s benefits. Unless the country more than doubled the rate of transmission expansion, they wrote, more than 80% of the IRA’s emission reduction potential by 2030 would be lost.
BAAJA could nearly triple the build rate of high-voltage transmission, the Rhodium Group found, from an average of about 0.7 terawatt-miles added per year over the past decade to an average annual pace of 1.9 to 2.6 terawatt-miles through 2040. Because Republicans and President Trump have repealed so many of the IRA’s provisions, this won’t drive as much clean energy as the Princeton researchers expected, but Rhodium estimates that by 2040, BAAJA would help between 17 and 249 gigawatts of clean resources get built compared to a world without it.
The growing grid is the main reason why the bill cuts energy costs, because it enables more lower-cost resources to connect to the grid. The bill’s requirement that data centers pay the full cost of connecting to the grid also puts downward pressure on electricity rates.
“If your goal is to do climate policy in the future, this is an important down payment to making progress there,” King said.
The authors studied the bill’s provisions under a range of economic assumptions, including a “best case” scenario in which clean energy gets cheaper and easily outcompetes natural gas, and a “worst case” scenario where natural gas prices collapse and the inexpensive fuel keeps dominating the U.S. energy system.

The authors limited their analysis to the bill’s provisions that speed up transmission line and natural gas pipeline permitting. They assumed that when you make it easier to approve transmission lines, the lines get cheaper to build and get built more quickly. The same goes for gas pipelines. Then they looked at how the energy system would respond. Would we build more power plants? Would there be more natural gas production? Where will that gas go?
The caveats, aside from omitting the bill’s “project certainty” provisions, are that they did not account for policies that support geothermal energy, virtual power plants, advanced transmission technologies, or the ways in which the bill would reduce congestion on the grid — all of which could result in fewer emissions. At the same time, the modeling assumes that all of the data centers that get built between now and 2040 connect to the grid, even though today, many data centers are planning to run on inefficient off-grid natural gas plants. That means this modeling likely underestimates emissions from data centers. (Although the authors did a separate exercise that went deeper into data centers, which I’ll explain shortly.)
The report also limited its analysis to the United States. While the modeling found that liquified natural gas exports would increase by 8% to 15% under BAAJA, the authors did not account for how those exports could affect the energy mix or emissions in the rest of the world.
They found that the bill’s changes to the Clean Water Act and the National Environmental Policy Act would enable more gas pipeline development, which, in isolation, would increase emissions relative to a world without BAAJA. More pipelines means more production of oil and natural gas, which means higher methane and CO2 emissions throughout the fossil supply chain. Under a worst case scenario, they estimate a 4% increase in the amount of new gas capacity, although gas-fired generation as a whole increases by less than 1% in 2040. Even then, emissions would simply be flat compared to current expectations.
“On net, the emissions increases that we see there are outweighed by the emissions benefits that come from the transmission provisions of the bill,” King said.
The report also studied how BAAJA might affect data center emissions. Its “base case” scenario — which includes all the analysis I’ve shared with you so far — assumes data centers will make up about 17% of electricity demand by 2040. That figure already supposes huge growth in data center energy consumption, because data centers only use about 5% of U.S. electricity today.
But what if data center demand grows even faster than that? The authors modeled two additional scenarios to see what would happen if data center electricity demand instead accounted for more than a quarter of U.S. electricity demand in 2040.
While BAAJA would make it easier for data centers to connect to the grid, it also includes ratepayer protection provisions that would make it more expensive to do so — roughly 10% more for a 1 gigawatt data center, Rhodium estimates. Determining whether that will drive developers on-grid or off-grid was beyond the scope of the analysis, so the modelers looked at the two extremes — a world where all additional data center demand hooks up to the grid and one where none of it does.
For the on-grid scenario, whether or not that additional demand is met with mostly gas plants or cleaner sources largely depends on the price of fossil versus clean generation. But even if most of the demand was met by natural gas plants on the grid, emissions would still be 30% lower than if it was met by natural gas plants off the grid, Rhodium found.
Editor’s note: This article originally misstated the scope and timing of electricity systems savings in the Resources for the Future study. It has been corrected in this version.