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On Energy Transfer’s legal win, battery storage, and the Cybertruck

Current conditions: Red flag warnings are in place for much of Florida • Spain is bracing for extreme rainfall from Storm Martinho, the fourth named storm in less than two weeks • Today marks the vernal equinox, or the first day of spring.
A jury has ordered Greenpeace to pay more than $660 million in damages to one of the country’s largest fossil fuel infrastructure companies after finding the environmental group liable for defamation, conspiracy, and physical damages at the Dakota Access Pipeline. Greenpeace participated in large protests, some violent and disruptive, at the pipeline in 2016, though it has maintained that its involvement was insignificant and came at the request of the local Standing Rock Sioux Tribe. The project eventually went ahead and is operational today, but Texas-based Energy Transfer sued the environmental organization, accusing it of inciting the uprising and encouraging violence. “We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech,” said Deepa Padmanabha, senior legal counsel for Greenpeace USA. The group said it plans to appeal.
The Department of Energy yesterday approved a permit for the Calcasieu Pass 2 liquified natural gas terminal in Louisiana, allowing the facility to export to countries without a free trade agreement. The project hasn’t yet been constructed and is still waiting for final approvals from the independent Federal Energy Regulatory Commission, but the DOE’s green light means it faces one less hurdle.
CP2 was awaiting DOE’s go-ahead when the Biden administration announced its now notorious pause on approvals for new LNG export facilities. The project’s opponents argue it’s a “carbon bomb.” Analysis from the National Resources Defense Council suggested the greenhouse gases from the project would be equivalent to putting more than 1.85 million additional gas-fueled automobiles on the road, while the Sierra Club found it would amount to about 190 million tons of carbon dioxide equivalent annually.
President Trump met with 15 to 20 major oil and gas executives from the American Petroleum Institute at the White House yesterday. This was the president’s first meeting with fossil fuel bosses since his second term began in January. Interior Secretary Doug Burgum and Energy Secretary Chris Wright were also in the room. Everyone is staying pretty quiet about what exactly was said, but according to Burgum and Wright, the conversation focused heavily on permitting reform and bolstering the grid. Reuters reported that “executives had been expected to express concerns over Trump’s tariffs and stress the industry view that higher oil prices are needed to help meet Trump’s promise to grow domestic production.” Burgum, however, stressed that oil prices didn’t come up in the chat. “Price is set by supply and demand,” he said. “There was nothing we could say in that room that could change that one iota, and so it wasn’t really a topic of discussion.” The price of U.S. crude has dropped 13% since Trump returned to office, according to CNBC, on a combination of recession fears triggered by Trump’s tariffs and rising oil output from OPEC countries.
The U.S. installed 1,250 megawatts of residential battery storage last year, the highest amount ever and nearly 60% more than in 2023, according to a new report from the American Clean Power Association and Wood Mackenzie. Overall, battery storage installations across all sectors hit a new record in 2024 at 12.3 gigawatts of new capacity. Storage is expected to continue to grow next year, but uncertainties around tariffs and tax incentives could slow things down.
China is delaying approval for construction of BYD’s Mexico plant because authorities worry the electric carmaker’s technology could leak into the United States, according to the Financial Times. “The commerce ministry’s biggest concern is Mexico’s proximity to the U.S.,” sources told the FT. As Heatmap’s Robinson Meyer writes, BYD continues to set the global standard for EV innovation, and “American and European carmakers are still struggling to catch up.” This week the company unveiled its new “Super e-Platform,” a new standard electronic base for its vehicles that it says will allow incredibly fast charging — enabling its vehicles to add as much as 249 miles of range in just five minutes.
Tesla has recalled 46,096 Cybertrucks over an exterior trim panel that can fall off and become a road hazard. This is the eighth recall for the truck since it went on sale at the end of 2023.
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American offshore wind’s existential crisis was laid bare at this year’s Climate Week.
California and New York officials gathered on Tuesday at the New York Bar Association in Manhattan to tell attendees of the annual climate action mega-event about their efforts to hold the Trump administration to account. After Trump regulators upended wind projects off the East Coast and struck buyout trades with energy developers to ditch ocean wind leases, both states filed fresh legal action against the administration, targeting what they said were egregious abuses of taxpayer dollars that canceled once-promising projects that would’ve given gigawatts of power to grids expecting energy demand to spike.
“Every megawatt in offshore wind power is not a megawatt of fossil fuel generated power. That’s really important. That means fewer emissions that contribute to respiratory and cardiac disease,” Lem Srolovic, bureau chief of the New York attorney general’s environmental protection bureau, said at the event, as he and California attorney general Rob Bonta laid out the view that Trump’s actions against offshore wind were illegal.
The federal courts have concurred thus far, and it’s possible more judges will agree. But later in the event, Doreen Harris – CEO and President of the New York State Energy Research and Development Authority – said the quiet part out loud.
“Ultimately, the challenge we have in litigation is that even if successful, we deal with realities of what a commercial entity would do in response to these risks. That remains unresolved,” Harris confessed. “How do we move to an investable future for energy infrastructure if this is the way energy infrastructure has to be advanced?”
Indeed, more litigation clearly isn’t going to help the offshore wind sector’s prospects. As we’ve reported on time and again, the Trump administration has not only used every regulatory lever imaginable – and some once unimaginable – to delay wind farms, both on and offshore. But it has gone beyond the legal, now stalling onshore wind in ways industry says stretches the boundaries of court remedy. If that’s the case on solid ground, what future could possibly exist in the U.S. for an industry that must build entirely in federal waters? And even if Trump leaves office providing for a more industry-friendly president, couldn’t a future successor undo whatever they do as well?
“There may be some hesitancy to reinvest in offshore wind in the U.S. given what has happened in the Trump administration,” Kevin Beicke, vice president of project finance at Morningstar DBRS, told me in a phone interview. This week Morningstar, a leading market analysis firm, agreed with Harris’ assessment and reaffirmed a negative outlook for the entire American offshore wind industry through at least 2028 – adding the future beyond that horizon is essentially unknown.
“It’s my view these companies would need to see some kind of substantial support for their industry if they were to try and get back into it under a future administration. And public support would be needed to support a future administration providing regulatory and financial support to the U.S. offshore wind industry.”
So this begs the question: why are states bothering with litigation they probably know won’t improve the offshore wind sector’s fortunes in the near term?
Harris told me after the event that part of the litigation is to provide a signal to the business community that they shouldn’t abandon the U.S. offshore wind industry in the future.
“Very much so. It’s a move intended not only to preserve the processes and systems that are supposed to apply but also to say, ‘We are here because we are committed to the resource, and we’re committed to the companies developing it, and they can consider a state a partner to realize those outcomes.’ That’s what we want them to understand,” she told me.
Harris’ indignation didn’t surprise me, but it was especially prescient, as New York City’s annual Climate Week chaos became embroiled in a “will they or won’t they” news cycle around Trump’s freeze on wind energy permits. During the offshore wind event, news broke in Politico that President Trump told Interior Secretary Doug Burgum and Energy Secretary Chris Wright that he agreed to “green-light wind energy projects to strike [a] permitting deal” and that they’d “lift” the “blockade of renewable energy projects to get Senate Democrats moving on permitting.” The next day, at Heatmap House, Wright himself declined to speak declaratively on that report, instead signalling the issue was still a live ball. But he said a permitting deal would address concerns about “easier to build everything in America.”
Wright also suggested the administration had actively debated the de facto freeze on height clearances for wind turbines, which has essentially snagged the entire sector. “Wind has been very controversial and there have been spirited dialogues in the administration about this,” Wright told my colleague Robinson Meyer. “I do believe a successful permitting reform thing changes the playing field for anything you want to build in this country, including wind.”
When I asked Harris about the Politico report, she told me she’d rather focus on the courts. The same goes for California Energy Commission chair David Hochschild, who told me he doesn’t believe anonymous reports about a president “who also promised no new endless wars.”
“We want to make it crystal clear we’re going to fight for this and our support [for offshore wind] is going to continue,” Hochschild said. “The legal fight we’re engaged in now is necessary but not sufficient. We have a lot more work to do to build the ecosystem that’s necessary for this to come to fruition. For research and development. For permitting. For infrastructure. It’s a lot of work but we’ve done this before. All these barriers existed when we started with solar in the early days when there was skepticism.”
And more of the week’s top news around project development.
1. Ada County, Idaho – Trump’s push for more data centers on federal lands is causing a lot more ruckus and catching another solar company in the cross-fire.
2. Carbon County, Wyoming – Tell me if you’ve heard this one before: The Trump administration just delayed a large fossil-free power project after criticism from a powerful Republican senator. But this time, it’s hydropower.
3. Crawford County, Wisconsin – Fighting transmission lines in Wisconsin is bipartisan now.
4. Highland County, Ohio – If you want good news, here’s a slightly positive story in Ohio.
A conversation with Tom Matzzie of the Investing in Tomorrow Coalition
This week’s Q&A is with Tom Matzzie, chair of the Investing in Tomorrow Coalition – a pro-renewables Super PAC fighting lawmakers of both sides of the aisle who spurn the sector. The Super PAC won quite a few victories during the primary season, successfully boosting challengers to hardline conservatives in the U.S. that fought for cuts to the Inflation Reduction Act and are no longer going to serve in the Lower Chamber. Matzzie, also CEO of solar firm CleanChoice Energy, is intent the sector must go on offense to win more public bipartisan support and survive the Trump 2.0 era.
I chatted with Matzzie to hear how he’s looking at the general election season. The conversation revealed to me they want the renewables industry to be seen as politically lethal. And they’re paying close attention to the Wisconsin gubernatorial race.
The following conversation was lightly edited for clarity.
So first of all, how is your role going to change as we go into the general elections?
We’re focused on accountability for elected officials who decide they want to attack the clean energy industry, making it harder for us to exist. We have elected officials who say they want to kill projects. Our industry employs hundreds of thousands of people, and we also deploy hundreds of thousands in capital, so we look at the attacks on the industry as something that needs accountability.
It’s not about people we just disagree with. It’s about the worst of the worst. And that will continue to be the focus.
We’re not announcing the new races as of yet. But if you look at what we did during the primary season we focused on members of the House Freedom Caucus who had a history of attacking the industry for their own political gain. We also supported a Republican during a primary who was being attacked by the chief NIMBY in her district.
Our M.O. will continue to focus on the House Freedom Caucus and people like them. These ideological trophy hunters on the far right are extremists.
By the end of the month, we’ll announce for sure. It’ll be a five-or-six week campaign towards Election Day.
How many candidates will be targeted?
No more than ten. I feel confident saying that.
Walk me through how you decide the message against these candidates?
The important thing is, we’re crafting a message about the industry. We’re telling a story about us. Whether we’re stronger or to be feared or to be ignored. So to that regard, the effectiveness and lethality of our political apparatus matters a lot.
While many voters care about our issues, in most elections, we’re not the top issues. There’s other things that would be more effective attacks on the incumbent or a way to build up a challenger. We go in, we do message research, we figure out the most efficacious way to move the voters we want to move, and this is the best practice in modern politics is to use data-driven approaches to targeting both voters and the message. What media they consume, how you reach them.
We’re telling a story about us, not just our issues.
As you determine what races to get into, how are you taking into account the whole “data center trojan horse” situation, like what’s happening in Wiscons–
So absolutely, we’re paying close attention to [GOP gubernatorial candidate] Tom Tiffany in Wisconsin, and his smear that every data center means 100,000 acres lost [for solar]. Which by the way, 100,000 acres of solar could probably power most of the upper Midwest. So yeah, we’re paying attention to what Tom Tiffany is saying in his race.
That’s the short way of saying it.
How is the data center backlash and the role it's playing in the midterms affecting your decision-making?
It’s not. We use a data driven approach on what to say, and you follow that approach without much concern because the data is better than rumors on the internet, for lack of a better term.
What we do know is that data centers that embrace solar and wind have received more popular support in those communities. Data centers that have community benefit agreements and more responsible purchase development have received better receptiveness.
If they’re concerned about a data center, they’re going to be even more concerned about natural gas on site. But we don’t see it showing up in the research at this point.
There’s a lot of research [showing] voters care about data centers but affordability is the primary thing showing up in the research as what voters are concerned about.