You’re out of free articles.
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:
The Biden administration is hoping they’ll be a starting gun for the industry. The industry may or may not be fully satisfied.

In one of the Biden administration’s final acts to advance decarbonization, and after more than two years of deliberation and heated debate, the Treasury Department issued the final requirements governing eligibility for the clean hydrogen tax credit on Friday.
At up to $3 per kilogram of clean hydrogen produced, this was the most generous subsidy in the 2022 Inflation Reduction Act, and it came with significant risks if the Treasury did not get the rules right. Hydrogen could be an important tool to help decarbonize the economy. But without adequate guardrails, the tax credit could turn it into a shovel that digs the U.S. deeper into a warming hole by paying out billions of dollars to projects that increase emissions rather than reducing them.
In the final guidelines, the Biden administration recognized the severity of this risk. It maintained key safeguards from the rules proposed in 2023, while also making a number of changes, exceptions, and other “flexibilities” — in the preferred parlance of the Treasury Department — that sacrifice rigorous emissions accounting in favor of making the program easier to administer and take advantage of.
For example, it kept a set of requirements for hydrogen made from water and electricity known as the “three pillars.” Broadly, they compel producers to match every hour of their operation with simultaneous clean energy generation, buy this energy from newly built sources, and ensure those sources are in the same general region as the hydrogen plant. Hydrogen production is extremely energy-intensive, and the pillars were designed to ensure that it doesn’t end up causing coal and natural gas plants to run more. But the final rules are less strict than the proposal. For example, the hourly matching requirement doesn’t apply until 2030, and existing nuclear plants count as new zero-emissions energy if they are considered to be at risk of retirement.
Finding a balance between limiting emissions and ensuring that the tax credit unlocks development of this entirely new industry was a monumental challenge. The Treasury Department received more than 30,000 comments on the proposed rule, compared to about 2,000 for the clean electricity tax credit, and just 89 for the electric vehicle tax credit. Senior administration officials told me this may have been the most complicated of all of the provisions in the IRA. In October, the department assured me that the rules would be finished by the end of the year.
Energy experts, environmental groups, and industry are still digesting the rule, and I’ll be looking out for future analyses of the department’s attempt at compromise. But initial reactions have been cautiously optimistic.
On the environmental side, Dan Esposito from the research nonprofit Energy Innovation told me his first impression was that the final rule was “a clear win for the climate” and illustrated “overwhelming, irrefutable evidence” in favor of the three pillars approach, though he did have concerns about a few specific elements that I’ll get to in a moment. Likewise, Conrad Schneider, the U.S. senior director at the Clean Air Task Force, told me that with the exception of a few caveats, “we want to give this final rule a thumbs up.”
Princeton University researcher Jesse Jenkins, a co-host of Heatmap’s Shift Key podcast and a vocal advocate for the three pillars approach, told me by email that, “Overall, Treasury’s final rules represent a reasonable compromise between competing priorities and will provide much-needed certainty and a solid foundation for the growth of a domestic clean hydrogen industry.”
On the industry side, the Fuel Cell and Hydrogen Energy Association put out a somewhat cryptic statement. CEO Frank Wolak applauded the administration for making “significant improvements” but warned that the rules were “still extremely complex” and contain several open-ended parts that will be subject to interpretation by the incoming Trump-Vance administration.
“This issuance of Final Rules closes a long chapter, and now the industry can look forward to conversations with the new Congress and new Administration regarding how federal tax and energy policy can most effectively advance the development of hydrogen in the U.S.,” Wolak said.
Constellation Energy, the country’s biggest supplier of nuclear power, was among the most vocal critics of the proposed rule and had threatened to sue the government if it did not create a pathway for hydrogen plants that are powered by existing nuclear plants to claim the credit. In response to the final rule, CEO and President Joe Dominguez said he was “pleased” that the Treasury changed course on this and that the final rule was “an important step in the right direction.”
The California governor’s office, which had criticized the proposed rule, was also swayed. “The final rules create the certainty needed for developers to invest in and build clean, renewable hydrogen production projects in states like California,” Dee Dee Myers, the director of the Governor’s Office of Business and Economic Development, said in a statement. The state has plans to build a $12.6 billion hub for producing and using clean hydrogen.
Part of the reason the Treasury needed to find a Goldilocks compromise that pleased as many stakeholders as possible was to protect the rule from future lawsuits and lobbying. But not everyone got what they wanted. For example, the energy developer NextEra, pushed the administration to get rid of the hourly matching provision, which though delayed remained essentially untouched. NextEra did not respond to a request for comment.
Companies that fall on the wrong side of the final rules may still decide to challenge them in court. The next Congress could also make revisions to the underlying tax code, or the incoming Trump administration could change the rules to perhaps make them more favorable to hydrogen made from fossil fuels. But all of this would take time — a rule change, for example, would trigger a whole new notice and comment process. Though the one thing I’ve heard over and over is that the industry wants certainty, which the final rule provides, it’s not yet clear whether that will outweigh any remaining gripes.
In the meantime, it's off to the races for the nascent clean hydrogen industry. Between having clarity on the tax credit, the Department of Energy’s $7 billion hydrogen hubs grant program, and additional federal grants to drive down the cost of clean hydrogen, companies now have numerous incentives to start building the hydrogen economy that has received much hype but has yet to prove its viability. The biggest question now is whether producers will find any buyers for their clean hydrogen.
Below is a more extensive accounting of where the Treasury landed in the final rules.
Get our best story in your inbox every day:
On “deliverability,” or the requirement to procure clean energy from the same region, the rules are largely unchanged, although they do allow for some flexibility on regional boundaries.
As I explained above, the Treasury Department also kept the hourly matching requirement, but delayed it by two years until 2030 to give the market more time to set up systems to achieve it — a change Schneider said was “really disappointing” due to the potential emissions consequences. Until then, companies only have to match their operations with clean energy on an annual basis, which is a common practice today. The new deadline is strict, and those that start operations before 2030 will not be grandfathered in — that is, they’ll have to switch to hourly matching once that extended clock runs out. In spite of that, the final rules also ensure that producers won’t be penalized if they are not able to procure clean energy for every single hour their plant operates, an update several groups applauded.
On the requirement to procure clean power from newly built sources, also known as “incrementality,” the department made much bigger changes. It kept an overarching definition that “incremental” generators are those built within three years of the hydrogen plant coming into service, but added three major exceptions:
1. If the hydrogen facility buys power from an existing nuclear plant that’s at risk of retirement.
2. If the hydrogen facility is in a state that has both a robust clean electricity standard and a broad, binding, greenhouse gas cap, such as a cap and trade system. Currently, only California and Washington pass this test.
3. If the hydrogen facility buys power from an existing natural gas or coal plant that has added new carbon capture and storage capacity within three years of the hydrogen project coming into service.
The hydrogen tax credit is so lucrative that environmental groups and energy analysts were concerned it would drive companies like Constellation to start selling all their nuclear power to hydrogen plants instead of to regular energy consumers, which could drive up prices and induce more fossil fuel emissions.
The final rules try to limit this possibility by only allowing existing reactors that are at risk of retirement to qualify. But the definition of “at risk of retirement” is loose. It includes “merchant” nuclear power plants — those that sell at least half their power on the wholesale electricity market rather than to regulated utilities — as well as plants that have just a single reactor, which the rules note have lower or more uncertain revenue and higher operational costs. Looking at the Nuclear Energy Institute’s list of plants, merchant plants make up roughly 40% of the total. All of Constellation Energy’s plants are merchant plants.
There are additional tests — the plant has to have had average annual gross receipts of less than 4.375 cents per kilowatt hour for at least two calendar years between 2017 and 2021. It also has to obtain a minimum 10-year power purchase agreement with the hydrogen company. Beyond that, the reactors that meet this definition are limited to selling no more than 200 megawatts to hydrogen companies, which is roughly 20% for the average reactor.
Esposito, who has closely analyzed the potential emissions consequences of using existing nuclear plants to power hydrogen production, was not convinced by the safeguards. “I don't love the power price look back,” he told me, “because that's not especially indicative of the future — particularly this high load growth future that we're quickly approaching with data centers and everything. It’s very possible power prices could go up from that, and then all of a sudden, the nuclear plants would have been fine without hydrogen.”
As for the 200 megawatt cap, Esposito said it was better than nothing, but he feels “it's kind of an implicit admission that it's not really, truly clean” to produce hydrogen with the energy from these nuclear plants.
Schneider, on the other hand, said the safeguards for nuclear-powered hydrogen projects were adequate. While a lot of plants are theoretically eligible, not all of their electricity will be eligible, he said.
The rules assert that in states that meet the two criteria of a clean electricity standard and a binding cap on emissions, “any increased electricity load is highly unlikely to cause induced grid emissions.”
But in a paper published in February, Energy Innovation explored the potential consequences of this exemption in California. It found that hydrogen projects could have ripple effects on the cap and trade market, pushing up the state’s carbon price and triggering the release of extra carbon emission allowances. “In other words, the California program is more of a ‘soft’ cap than a binding one — the emissions budget ‘expands or contracts in response to price bounds set by the legislature and [California Air Resources Board],’” the report says.
Esposito thinks the exemption is a risk, but that it requires further analysis and he’s not sounding the alarm just yet. He said it could come down to other factors, including how economical hydrogen production in California ends up being.
Producers are also eligible for the tax credit if they make hydrogen the conventional way, by “reforming” natural gas, but capture the emissions released in the process. For this pathway, the Treasury had to clarify several accounting questions.
First, there’s the question of how producers should account for methane leaked into the atmosphere upstream of the hydrogen plant, such as from wells and pipelines. The proposal had suggested using a national average of 0.9%. But researchers found this would wildly underestimate the true warming impact of hydrogen produced from natural gas. It could also underestimate emissions from natural gas producers that have taken steps to reduce methane leakage. “We branded that as one size fits none,” Schneider told me.
The final rules create a path for producers to use more accurate, project-specific methane emissions rates in the future once the Department of Energy updates a lifecycle emissions tool that companies have to use called the “GREET” model. The Environmental Protection Agency recently passed new methane emissions laws that will enable it to collect better data on leakage, which will help the DOE update the model.
Schneider said that’s a step in the right direction, though it will depend on how quickly the GREET model is updated. His bigger concern is if the Trump administration weakens or eliminates the EPA’s methane emissions regulations.
The Treasury also opened up the potential for companies to produce hydrogen from alternative, cleaner sources of methane, like gas captured from wastewater, animal manure, and coal mines. (The original rule included a pathway for using gas captured from landfills.) In reality, hydrogen plants taking this approach are unlikely to use gas directly from these sources, but rather procure certificates that say they have “booked” this cleaner gas and can “claim” the environmental benefits.
Leading up to the final rule, some climate advocates were concerned that this system would give a boost to methane-based hydrogen production over electricity-based production, as it's cheaper to buy renewable natural gas certificates than it is to split water molecules. Existing markets for these credits also often overestimate their benefits — for example, California’s low carbon fuel system gives biogas captured from dairy farms a negative carbon intensity score, even though these projects don’t literally remove carbon from the atmosphere.
The Treasury tried to improve its emissions estimates for each of these alternative methane sources to make them more accurate, but negative carbon intensity scores are still possible.
The department did make one significant change here, however. It specified that companies can’t just buy a little bit of cleaner methane and then average it with regular fossil-based methane — each must be considered separately for determining tax credit eligibility. Jenkins, of Princeton, told me that without this rule, huge amounts of hydrogen made from regular natural gas could qualify.
Producers also won’t be able to take this “book and claim” approach until markets adapt to the Treasury’s reporting requirements, which isn’t expected until at least 2027.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Here’s what stood out to former agency staffers.
The Department of Energy unveiled a long-awaited internal reorganization of the agency on Thursday, implementing sweeping changes that Secretary of Energy Chris Wright pitched as “aligning its operations to restore commonsense to energy policy, lower costs for American families and businesses.”
The two-paragraph press release, which linked to a PDF of the new organizational chart, offered little insight into what the changes mean. Indeed, two sources familiar with the rollout told me the agency hadn’t even held a town hall to explain the overhaul to staffers until sometime Friday. (Both sources spoke on condition of anonymity out of fear of reprisals.)
After conversations with multiple former agency staffers, including a senior political appointee who helped lead the Biden-era reorganization in 2022, here’s what stood out to me:
The spring 2022 overhaul Jennifer Granholm, former President Joe Biden’s secretary of energy, oversaw came with a detailed legal memo and extensive explanations about what the changes would mean.
“Overall, this seems sloppy,” the former senior staffer who led that process told me this morning. “If you’re trying to carry out a very coherent energy dominance strategy, you’d at least explain which boxes are moving where and what’s sitting under those boxes.”
Announcing the changes with so little detail, the former official said, “seems like a fundamental lack of leadership.”
“This, to me, just seems reckless,” the appointee continued. “People who are sitting within these offices don’t know where they’re going to work virtually on Monday.”
That, of course, may change by the end of today once the Energy Department holds its town hall meeting.
It’s unusual for an office at the agency to report directly to the secretary. Those that do typically straddle multiple types of responsibilities within the agency. For example, the Office of Technology Transitions reported directly to Granholm under the Biden administration because its purview fell under both research and deployment. The Office of Policy functions similarly. But the newly-created Office of Critical Minerals and Energy Innovation absorbed not only various mining-related sections of the agency, but also the now-defunct Office of Energy Efficiency and Renewable Energy. That puts a lot of money and grant-making powers under the new office.
Leading the Office of Critical Minerals and Energy Innovation will be Audrey Robertson, who was confirmed last month as the assistant secretary for the Office of Energy Efficiency and Renewable Energy. A former investment banker and oil executive, Robertson served on the board of directors of Wright’s former company, the fracking giant Liberty Energy, until earlier this year. Another agency source familiar with the organization said “it makes no sense for this office not to answer to an undersecretary of energy.”
“Audrey is Wright’s person,” the source told me.
That, the other former agency official told me, creates some political liabilities for Wright.
“For departmental oversight reasons, that’s a lot of grant-making money and authorities that typically you’d want to layer under additional oversight before it goes to the secretary,” the ex-official said. “This is the thing that sticks out like a sore thumb.”
All that said about the new Office of Critical Minerals and Energy Innovation, no one can blame Wright for wanting to consolidate some of the bureaucracy. One way to read the decision to eliminate certain offices, such as the Office of Manufacturing and Energy Supply Chains or the Office of State and Community Energy Programs, is that the new administration wanted to undo the changes made under its predecessor in 2022. While manufacturing work included a lot of what the U.S. is doing with batteries, funding for that work fell under the Office of Energy Efficiency and Renewable Energy in the 2021 Infrastructure Investment and Jobs Act.
“A lot of the moves that they’re doing to re-consolidate offices aligns with what was technically under the Bipartisan Infrastructure Law, which directed battery work to go through EERE,” one of the sources told me. “So some of this is realignment back to the original congressional direction.”
The stop-gap funding bill that reopened the government after the longest shutdown in history included a measure to prevent any dismissals until January 30.
But it’s unclear whether the agency plans to terminate workers as part of the reorganization starting in February.
In a sign that the Trump administration is taking efforts to commercialize fusion energy technology more seriously, the reorganization gives fusion its own office, moving the work out of the Office of Science.
“Overall this is a win for the private-fusion sector, and further cements a move from a discovery-based research model to milestone-driven, commercialization-focused policy,” Stuart Allen, the chief executive of the investment company FusionX Group, wrote in a post on LinkedIn. “All signs point to a federal strategy increasingly aligned and enmeshed with the rapid advancement of fusion energy.”
Under the new structure, geothermal and fossil fuels will live together under the new Hydrocarbons and Geothermal Energy Office.
There are some obvious synergies. The new generation of geothermal startups racing toward commercialization rely on drilling techniques such as fracking to tap into hot rocks in places that conventional companies couldn’t. Oil and gas companies are excited about the industry; Sage Geosystems, one of the big players, is led by the former head of Shell’s fracking division. And notably, most of the big companies, including Sage, Fervo Energy, and XGS Energy (whom I have written about twice recently in these pages) are all headquartered in Big Oil’s capital of Houston, Texas.
Nuclear power has long had its own office at the Energy Department, and that won’t change. But you’d think that the other source of clean baseload power that the Trump administration has anointed as one of its preferred generating sources might get slotted in with geothermal. Instead, however, hydropower is in Robertson’s mega-office.
Unsurprisingly, the bulk of the Energy Department’s work that deals with the nation’s nuclear arsenal was largely left untouched by the changes. Perhaps the agency had enough drama from the Department of Government Efficiency’s dismissals of critical workers in the early days of the administration, which led to an embarrassing effort to reverse the firings.
As was widely expected, the reorg killed the Biden-era Office of Clean Energy Demonstrations, which the new administration had already gutted. What becomes of key programs that office managed is still a mystery. Chief among them: the hydrogen hubs.
The Energy Department yanked funding for the two regional hubs on the West Coast last month, as Heatmap’s Emily Pontecorovo reported at the time. A leaked list that the administration has yet to confirm as real proposed defunding all seven of the hubs. It’s unclear whether that may happen. If it doesn’t, it’s unclear where those billions of dollars may go. The most obvious place is under Robertson’s portfolio, ballooning the budget under her control by billions.
When Wright announced the first totally new loan issued under the agency’s in-house lender earlier this week, he trumpeted his new approach the Loan Programs Office. He wanted to refashion the entity with its lending authority of nearly $400 billion as a source of funding primarily for the nuclear industry. The first big loan issued Tuesday afternoon went to utility giant Constellation to finance the restart of the functional reactor at the Three Mile Island nuclear station. But at a press conference last month, Wright hinted at the new branding, as Emily called in this piece. It’s now the Office of Energy Dominance Financing.
The new office isn’t just the LPO, however. The $2.5 billion Transmission Facility Financing Program will also fall under the new so-called EDF — an acronym it will aptly share with France’s biggest utility, which came under state control recently as part of Paris’ efforts to refurbish and expand the country’s vast nuclear fleet.
I’ll leave it to my source to level a critique at my colleagues in this industry:
“Even in The New York Times today there’s an article that says all these offices are eliminated,” one of the sources told me. “Their names were eliminated, but a lot of the projects for whatever remains that they haven’t terminated are just being reassigned.” The Wall Street Journal had a similar angle.
The actual thing to watch for, the source said, was how job descriptions change.
“What’s going to be more telling is when they have a new, updated mission of the Office of Electricity or a new, updated mission of the Office of Critical Minerals and Energy Innovation.”
The United Nations climate conference wants you to think it’s getting real. It’s not total B.S.
How to transition away from fossil fuels. How to measure adaptation. How to confront the gap between national climate plans and the Paris Agreement goals. How to mine critical minerals sustainably and fairly.
How to get things done — not just whether they should get done — was front and center at this year’s United Nations climate conference, a marked shift from the annual event’s proclivity for making broad promises to wrestling with some of the tougher realities of keeping global warming in check.
Friday is the last official day of the two-week gathering known as COP30, taking place on the edge of the Amazon rainforest in Belém, Brazil, although probably not the actual end of it. Despite early assurances from the Brazilian government that this year’s conference would finish on time, delegates are still hashing out a final decision text and are likely to keep at it until at least Saturday.
The Brazilian leadership and other COP veterans have framed this as an “implementation COP,” where parties to the Paris Agreement “move from pledges to action” and similar clichès. It’s certainly not the first time these words have been used at COP. The Paris Agreement itself was billed as “enhancing the implementation” of the UN Framework Convention on Climate Change, the foundational treaty underlying these annual negotiations.
“Action” may be a stretch to describe what ultimately happened this year. As is the case at every COP, the provision of finance, or lack thereof, from developed to developing countries dominated the discussion, preventing progress on other agenda items. “Climate finance just remains this ongoing obstacle,” Rachel Cleetus, a senior policy director for the Union of Concerned Scientists, told me. Global south countries and small island states argue they simply cannot increase their ambition, or work on adaptation, without finance. The conference’s repeated failure to come to terms with that is probably the biggest counterpoint to the idea that these meetings have become more grounded in reality.
It remains to be seen which, if any, of the efforts to work out the details of the transition will make it into the final agreement, but the success of these annual gatherings should not only be measured by what’s in the text.
Here are three key ways Belém has already pushed the conversation forward.
During a speech at the start of the conference, Brazil’s President Luiz Inácio Lula da Silva proclaimed that it is “impossible to discuss the energy transition without talking about critical minerals, essential to make batteries, solar panels, and energy systems.”
Never before had the negotiations broached the subject of all of the industrial earth-moving implicit in the fight against climate change. By the end of the first week, however, one of the working groups had released a draft text that acknowledged “the social and environmental risks associated with” extracting and processing critical minerals.
A later revision of the document added a note about “enabling fair access to opportunities and fair distribution of benefits of value addition,” a reference to breaking the pattern of rich countries extracting minerals cheaply from the Global South while keeping the more profitable processing and manufacturing of those minerals at home. (As of Friday morning, however, references to “critical minerals” were erased from the text.)
The text was released by the Just Transition Work Program, a newer workstream at the conference that was established at COP27 in Egypt. Outside of the critical minerals note, there was a larger push to get Just Transition program as a whole more grounded in reality. This area of the negotiations focuses on ensuring the goals of the Paris Agreement are achieved fairly and equitably, with recognition that the transition will happen at a different pace in different countries, with different implications for each one’s economy. It was primarily established as a forum for countries to exchange ideas and information, with biannual meetings.
At COP30, however, the G77, China, and many global south countries began pushing to turn it into more of an action-oriented group that guides the global transition and tracks progress using agreed-upon metrics.
The Just Transition mechanism is not to be confused with the much-talked-about roadmap to transition away from fossil fuels, although the two are closely tied.
Two years ago, the final agreement at COP28 in Dubai made history with the first-ever call for “transitioning away from fossil fuels in energy systems, in a just, orderly and equitable manner.” Last year, however, that edict was dropped, as negotiations over a new climate finance target took precedence. Now it’s been revived, with robust support from countries to build on the statement with a more fleshed-out plan. Phasing out fossil fuels has vastly different implications for different countries, some of whose economies are deeply dependent on revenue from their fossil resources. The roadmap would start to work through what it would really mean to coordinate the effort.
Once again, the message came from the top. “We need roadmaps that will enable humankind, in a fair and planned manner, to overcome its dependence on fossil fuels, halt and reverse deforestation, and mobilize resources to achieve these goals,” Brazil’s Silva said in a speech at the opening of the conference.
This past Tuesday, a coalition of a whopping 82 countries came out in support of this planning effort, pressing for it to be included in the final decision text. “This is a global coalition, with global north and global south countries coming together and saying with one voice: this is an issue which cannot be swept under the carpet,” Ed Miliband, the UK’s energy secretary, said during a press conference that day.
Several more countries have joined since, bringing the count to 88 — nearly half of the 195 parties to the Paris Agreement. The biggest fossil fuel emitters, such as China, India, and Saudi Arabia, are not on board, however. As of Friday morning, all mentions of fossil fuels, let alone a roadmap, have been scrubbed from the draft decision text. Still, the huge coalition backing the roadmap is a sign of a growing and potentially powerful consensus.
One of the big questions looming over this year’s conference was whether and how countries would address their utter failure to live up to the Paris Agreement’s goal to keep warming “well below 2°C above pre-industrial levels,” let alone the more ambitious target of 1.5 degrees.
A report issued by the United Nations Environment Program just before the talks began concluded that countries’ latest climate pledges, known as their “nationally determined contributions,” or NDCs, would put the planet on a path to warm at least 2.3 degrees by the end of the century. It also stated definitively that global average temperatures would exceed 1.5 degrees of warming.
This wasn’t news — scientists have previously concluded that exceeding 1.5 degrees is basically guaranteed. “But this is the first time we saw it so bluntly in the UN report,” Cleetus told me. “So that was a pretty sobering backdrop coming into this COP.”
All countries were supposed to submit updated NDCs this year that contained targets for 2035, but more than 70 have failed to do so, including India, one of the world’s biggest emitters.
Island states, backed by Latin American nations and the EU, wanted the conference to make some kind of declaration that countries’ current pledges are not sufficient and should be revised. The draft text issued this morning, while acknowledging the insufficiencies of NDCs, does not spell out the implications or required response as bluntly as many want to see.
It does, however, introduce an important new concept that could become a key part of the negotiations in the future. For the first time, the text references a resolve to “limit both the magnitude and duration of any temperature overshoot.” This not only acknowledges that it’s possible to bring temperatures back down after warming surpasses 1.5 degrees, but that the level at which temperatures peak, and the length of time we remain at that peak before the world begins to cool, are just as important. The statement implies the need for a much larger conversation about carbon removal that has been nearly absent from the annual COPs, but which scientists say that countries must have if they are serious about the Paris Agreement goals.
"If countries (or the UNFCCC) want to keep talking about reaching 1.5C, they need to embrace net-negative emissions, moving even beyond net-zero,” Oliver Geden, a senior fellow at the German Institute for International and Security Affairs, and an IPCC report author, told me. “If they don't want to do this, then talking about reaching 1.5°C is not credible anymore.”
Things in Sulphur Springs are getting weird.
Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.
The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.
The mining company, Luminant, went bankrupt, resurfaced as a diversified energy company, and was acquired by power giant Vistra, which is refusing to budge on the terms of the land agreement. After sitting on Luminant’s land for years expecting it to be used for its intended purposes, the data center project’s sudden arrival appears to have really bothered Vistra, and with construction already underway, the company has gone as far as to send the town and the company a cease and desist.
This led Sulphur Springs to sue Vistra. According to a bevy of legal documents posted online by Jamie Mitchell, an activist fighting the data center, Sulphur Springs alleges that the terms of the agreement are void “for public policy,” claiming that land restrictions interfering with a municipality’s ability to provide “essential services” are invalid under prior court precedent in Texas. The lawsuit also claims that by holding the land for its own use, Vistra is violating state antitrust law by creating an “energy monopoly.” The energy company filed its own counterclaims, explicitly saying in a filing that Sulphur Springs was part of crafting this agreement and that “a deal is a deal.”
That’s where things get weird, because now Texas is investigating Luminant over the “energy monopoly” claim raised by the town. It’s hard not to see this as a pressure tactic to get the data center constructed.
In an amicus brief filed to the state court and posted online, Paxton’s office backs up the town’s claim that the land agreement against energy development violates the state’s antitrust law, the Texas Free Enterprise and Antitrust Act, contesting that the “at-issue restriction appears to be perpetual” and therefore illegally anti-competitive. The brief also urges the court not to dismiss the case before the state completes its investigation, which will undoubtedly lead to the release of numerous internal corporate documents.
“Sulphur Springs has alleged a pattern of restricting land with the potential for energy generation, with the effect of harming competition for energy generation generally, which would necessarily have the impact of increasing costs for both Sulphur Springs and Texas consumers generally,” the filing states. “Evaluating the competitive effects of Luminant’s deed restrictions as well as the harm to Texans generally is a fact-intensive matter that will require extensive discovery.”
The Texas attorney general’s office did not respond to multiple requests for comment on the matter. It’s worth noting that Paxton has officially entered the Republican Senate primary, challenging sitting U.S. Senator John Cornyn. Contrary to his position in this case, Paxton has positioned himself as a Big Tech antagonist and fought the state public utilities commission in pursuit of releasing data on the crypto mining industry’s energy use.