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California passed a new fire safety law more than four years ago. It still isn’t in force.
For more than four years, California has had a law on the books meant to protect homes and buildings during an urban firestorm like the Palisade and Eaton fires. But it’s never gone into effect.
In theory, the policy was simple. It directed state officials to develop new rules for buildings in areas with high fire risk, which would govern what people were allowed to put within the five-foot perimeter immediately surrounding their homes. A large body of evidence shows that clearing this area, known in the fire mitigation world as “zone zero,” of combustible materials can be the difference between a building that alights during a wildfire and one that can weather the blaze.
The new rules — essentially just a list of items allowed in that five-foot zone — were due two years ago, by January 1, 2023. But the State Board of Forestry and Fire Protection has yet to begin a formal rulemaking process. Ask anyone who’s been following this thread what’s taking so long, and they’ll almost certainly point to one thing: politics.
“There’s a ton of science about what to do, but the science has run into challenges with social acceptance, and therefore political acceptance,” Michael Wara, director of Stanford University’s Climate and Energy Policy Program, told me. People do not want to be told how they can or can’t landscape or furnish or otherwise adorn the outside of their homes. Inevitably, when the rules do come out, you’ll hear about Gavin Newsom coming to take away people’s decks and policing gardens.
No one thinks that zone zero rules, if enacted and adhered to, could have prevented fires in the Pacific Palisades or Altadena or saved every structure in the recent fires’ path. But alongside other fire mitigation strategies, zone zero design can significantly lower the chances of a given building burning, and therefore the chances that a fire will spread to neighboring buildings, and ultimately reduce the risk of fires becoming compounding, devastating disasters. Wara likened it to car safety rules like seatbelts and airbags — people still die in car accidents, but far fewer than would otherwise.
The question now is whether the record-breaking destruction in Los Angeles will be enough to convince people that zone zero rules are effective and worthwhile. Past experience shows the answer is not an obvious yes.
There are three ways buildings ignite during a wildfire, Yana Valachovic, a forest scientist with the University of California Agriculture and Natural Resources Fire Network who specializes in community resilience and the built environment, told me. They are either exposed to burning embers, direct flames, or radiant heat, though most often a combination.
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Embers — hot, hard debris of burned material from a fire — can be carried miles away from their origin by the wind and create new spot fires next to homes. “What happens with those embers is they get thrown at the building, they hit the walls, the siding, and then drop to the base and collect at the base,” Valachovic said, “so you can have not just one, but thousands of embers at the base of our structures.”
Embers can also penetrate buildings through open windows and ventilation systems. If radiant heat from nearby burning structures causes windows to shatter or fall out, that can also create new vectors for embers to enter the home. “Embers find their way,” Valachovic said.
Fire mitigation experts promote two strategies for reducing vulnerability, and they go hand in hand. The first is home hardening, which could mean building with fire-resistant materials but also includes smaller but effective actions like covering air vents with fine mesh screens and sealing gaps to try to block embers. The second is creating so-called “defensible space,” or a buffer around the building, where any vegetation is carefully selected and managed to slow the spread of fire to and from the building. California divides defensible space into three different zones: Zone one extends from 5 feet away from the structure to 30 feet, and zone two goes out to 100 feet away. Then, of course, there’s zone zero.
The state has had regulations on the books to require at least 30 feet of defensible space in high-risk areas since 1965, and it updated the standards to establish a two-zone system in 2006. In both cases, the rules were “really framed around, how do you interrupt flames running at the building?” said Valachovic. The regulations included thinning trees and removing lower branches, clearing some trees that were closer to homes, clearing dead wood and litter, and pruning branches that hang over buildings. But they still allowed for vegetation right up against the house.
Since then, wildfire post-mortems have found that this scenario of flames burning a path to a building is not a primary driver of structure loss. “It was missing the point,” Valachovic told me of the previous rule structure. “What we’ve seen now for the last decade is that embers are really driving our home loss issue, and so we’re basically allowing all this vegetation and combustible material to be present in the zone that is really very vulnerable.”
In August 2020, after Governor Gavin Newsom declared a state of emergency in California due to an explosion of wildfires, the state legislature passed AB 3074, which finally sought to bridge the gap by creating a new, “ember-resistant zone” — zone zero. Had the rules been implemented under the timeline mandated by the law, new homes would have had to comply beginning in 2023, and existing homes would have had to comply beginning in 2024. Like the earlier defensible space rules, they would have applied to homes located in parts of the state designated as Fire Hazard Severity Zones. These are generally areas that you might think of as the “wildland-urban interface,” where homes abut wildland vegetation like forests or scrublands, but others extend into more urban areas. Almost all of the burned area in the Pacific Palisades, for instance, would have been subject to the rules, while only a small portion of the homes in Altadena are in the zone.
When I reached out to the California Natural Resources Agency, the umbrella group for both the Board of Forestry and Fire Protection and CalFire, to ask if there was an updated timeline for the regulations, one of the first things that Tony Andersen, the Deputy Secretary for Communications, told me, was not about the timeline but about the ultimate cost of compliance.
“We recognize there are costs associated with doing this work around homes and structures,” Andersen told me via email, “and we are focused on identifying options for financial assistance as well as education and outreach to help owners prepare and prioritize mitigations.” He then noted that the rulemaking was a “complex process” that the agency wanted to get right, and said it aimed to present a draft proposal to the Board “as soon as is feasible, most likely in the coming months.”
Andersen’s response illustrates one of several tensions that have made it difficult to write the zone zero rules — and will ultimately make them difficult to implement. If the rules say you can’t have a wooden deck, for example, or you can’t have a fence that touches the building, homeowners could face costly retrofits. And despite witnessing the horror of destructive wildfires, many homeowners don’t want to switch their wooden fence for a metal one, or replace their bushes with gravel.
Five feet might sound like a negligible amount of space, but people are attached to the aesthetics of this zone. Homeowners have become used to “softening” the line where the walls meet the ground by filling it in with vegetation, Valachovic told me. “We really developed this idea that we don’t visually want to see our foundations,” she said. “From a fire defense perspective, this idea that we have combustible material basically ringing our houses and our structures, that is problematic.”
Several people I interviewed for this story asked if I had seen a documentary about the aftermath of the 2018 Camp Fire in Paradise, California called Bring Your Own Brigade. The film captures a series of city council meetings in 2019, when officials were considering updating local building standards. They weigh a number of ideas that would reduce the risk of embers collecting on top of, inside, or next to homes, including eliminating gutters and requiring roof overhangs and a five-foot setback for any combustible material.
At the time, the Camp Fire was the deadliest and most destructive wildfire in state history, killing 85 people, displacing more than 50,000, and destroying more than 18,000 structures. But during a public hearing, community members lashed out at the potential cost, warned that new standards would prevent displaced residents from moving back, and decried the aesthetic implications.
“Paradise is an individualistic town,” one person says. “That’s part of the charm and the quirkiness. We don’t need consistency and uniformity.”
In another scene, a city councilmember asks Paradise Fire Chief John Messina to narrow down the list to just one rule that would make the community more fire resistant. “That five-foot barrier around your house is extremely important,” he replies. “That would be the No. 1 thing out of all of this that I would say would defend your home the best and have the most impact.” Shortly after, the council votes down the measure.
Michael Wara, who recalled the scene to me over the phone, said a similar thing happened when the fire chief in his community in Mill Valley tried to get the city council to adopt zone zero rules. “The word got out in the community that this crazy fire chief was going to make us rip up our front yards,” he said. When the council convened for a vote, more than a thousand people showed up to oppose it. The council ended up passing it as a voluntary measure.
To Wara, part of the problem is the language used to communicate these ideas with the public. “Zone zero” and “hardening” conjure a bunker mentality, he said. “I do not want my family to live in a bunker that is hardened to attack. I want my family to live in a home that is welcoming.”
He also thinks the state can reach a compromise, like allowing succulents and other fire-resistant greenery in zone zero. The rules don’t have to turn these areas into gravel and concrete wastelands to be effective.
Courtesy of the Los Angeles County Fire Department
The Los Angeles County Fire Department recently included photos in a notice to homeowners about defensible space rules and the upcoming zone zero regulations that illustrate how landscapes might strike that balance. The images feature stone walkways immediately next to homes, followed by raised beds made of metal and concrete containing attractive landscaping. Not quite “quirky” and “charming,” but far from a barren dystopia.
Despite the delay in implementing zone zero, California has tried to pitch it as part of a strategy to solve the state’s insurance crisis. In 2022, Insurance Commissioner Ricardo Lara enacted new rules requiring insurance companies to provide discounts to homeowners who do home hardening retrofits and create defensible space.
“That’s terrific,” Dave Jones, the director of the Climate Risk Initiative at the University of California, Berkeley, and Lara’s predecessor as insurance commissioner, told me. “But you don’t get the discount if they won’t write you the insurance.”
Jones said the bigger issue is that the models insurance companies use to decide whether or not to write a policy do not account for fire mitigation efforts. A homeowner could take every action on the list for home hardening, create a zone zero, live in a community that’s investing in aggressive fuels reduction, and so on, and insurance companies could still deny them coverage. Last year, Jones wrote a bill that would have required companies to change the models they use to determine coverage to account for mitigation. Several insurance industry trade groups opposed the bill, arguing that it was “premature and impossible to implement given the real-world data constraints,” and that it was “inconsistent” with the state’s efforts to “restore a healthy and competitive insurance market.” It didn’t pass.
If following zone zero guidelines meant having a shot at getting insurance, maybe people would be more open to doing it, Jones argued to me. But as things stand, that’s not the case. “I don’t think the failure is so much in the state developing the standards as it is in the lack of political courage to stand up to the insurance industry and say, hey, look, enough is enough. We’re going to pass a law to require your models to account for this.”
This past year, the California legislature passed a law giving existing homes three years, instead of just one, to comply with zone zero rules once they are finalized, whenever that is. And if the regulations are finalized this year, it’s possible that some of the rebuilt structures in the Pacific Palisades and Altadena will have to meet them.
Ultimately, Valachovic sees hope in fire mitigation work. The narrative that climate change is driving these destructive wildfires can make people feel helpless. But there are so many low-cost, simple things people can do to reduce their exposure. “I just feel like we have a moral imperative to share practical, reasonable actions that people can take to make a difference, and to know that with that, the odds improve substantially.”
Editor’s note: This story has been updated to clarify the role of the California Natural Resources Agency in the rulemaking process.
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A new report from the American Council for an Energy-Efficient Economy has some exciting data for anyone attempting to retrofit a multifamily building.
By now there’s plenty of evidence showing why heat pumps are such a promising solution for getting buildings off fossil fuels. But most of that research has focused on single-family homes. Larger apartment buildings with steam or hot water heating systems — i.e. most of the apartment buildings in the Northeast — are more difficult and expensive to retrofit.
A new report from the nonprofit American Council for an Energy-Efficient Economy, however, assesses a handful of new technologies designed to make that transition easier and finds they have the potential to significantly lower the cost of decarbonizing large buildings.
“Several new options make decarbonizing existing commercial and multifamily buildings much more feasible than a few years ago,” Steven Nadel, ACEEE’s executive director and one of the authors, told me. “The best option may vary from building to building, but there are some exciting new options.”
To date, big, multifamily buildings have generally had two flavors of heat pumps to consider. They can install a large central heat pump system that delivers heating and cooling throughout the structure, or they can go with a series of “mini-split” systems designed to serve each apartment individually. (Yes, there are geothermal heat pumps, too, but those are often even more expensive and complicated to install, especially in urban areas.)
While these options have proven to work, they often require a fair amount of construction work, including upgrading electrical systems, mounting equipment on interior and exterior walls, and running new refrigerant lines throughout the building. That means they cost a lot more than a simple boiler replacement, and that the retrofit process can be disruptive to residents.
In 2022, the New York City Housing Authority launched a contest to try and solve these problems by challenging manufacturers to develop heat pumps that can sit in a window just like an air conditioner. New designs from the two winners, Gradient Comfort and Midea, are just starting to come to market. But another emerging solution, central air-to-water heat pumps, also presents an appealing alternative. These systems avoid major construction because they can integrate with existing radiators or baseboard heaters in buildings that currently use hot water boilers. Instead of burning natural gas or oil to produce hot water, the heat pump warms the water using electricity.
The ACEEE report takes the cost and performance data for these emerging solutions and compares it to results from mini-splits, central heat pumps, geothermal heat pumps, packaged terminal heat pumps — all-in-one devices that sit inside a sleeve in the wall, commonly used in hotels — and traditional boilers fed by biogas or biodiesel.
While data on the newer technologies is limited, so far the results are extremely promising. The report found that window heat pumps are the most cost-effective of the bunch to fully decarbonize large apartment buildings, with an average installation cost of $9,300 per apartment. That’s significantly higher than the estimated $1,200 per apartment cost of a new boiler, but much lower than the $14,000 to $20,000 per apartment price tag of the other heat pump variations, although air-to-water heat pumps came in second. The report also found that window heat pumps could turn out to be the cheapest to operate, with a life cycle cost of about $14,500, compared to $22,000 to $30,000 for boilers using biodiesel or biogas or other heat pump options.
As someone who has followed this industry for several years with a keen interest in new solutions for boiler-heated buildings in the Northeast — where I grew up and currently reside — I was especially wowed by how well the new window heat pumps have performed. New York City installed units from both Midea and Gradient in 24 public housing apartments, placing one in each bedroom and living room, and monitored the results for a full heating season.
Preliminary data shows the units performed swimmingly on every metric.
On ease of installation: It took a total of eight days for maintenance workers to install the units in all 24 apartments, compared to about 10 days per apartment when the Housing Authority put split heat pump systems in another building.
On performance: During the winter, while other apartments in the building were baking in 90-degree Fahrenheit heat from the steam system, the window unit-heated apartments maintained a comfortable 75 to 80 degree range, even as outdoor temperatures dropped to as low as 20 degrees.
On energy and cost: The window unit-heated apartments used a whopping 87% less energy than the rest of the building’s steam-heated apartments did, cutting energy costs per household in half.
On customer satisfaction: A survey of 72 residents returned overwhelmingly positive feedback, with 93% reporting that the temperature was “just right” and 100% reporting they were either “neutral” or “satisfied” with the new units.
The Housing Authority found that the units also lowered energy used for cooling in peak summer since they were more efficient than the older window ACs residents had been using. Next, the agency plans to expand the pilot to two full buildings before deploying the units across its portfolio. The pilot was so successful that utilities in Massachusetts, Vermont, and elsewhere are purchasing units to do their own testing.
The ACEEE report looked at a handful of air-to-water heat pump projects in New York and Massachusetts, as well, only two of which have been completed. The average installation cost per apartment was around $13,500, with each of the buildings retaining a natural gas boiler as a backup, but none had published performance data yet.
Air-to-water heat pumps have only recently come to market in the U.S. after having taken off in Europe, and they don’t yet fit seamlessly into the housing stock here. Existing technology can only heat water to 130 to 140 degrees, which is hot enough for the more efficient hot water radiators common in Europe but too cold for the U.S. market, where hot water systems are designed to carry 160- to 180-degree water, or even steam.
These heat pumps can still work in U.S. buildings, but they require either new radiators to be installed or supplemental heat from a conventional boiler or electric resistance unit. The other downside to an air-to-water system is that it can’t provide cooling unless the building is already equipped with compatible air conditioning units.
One strength of these systems over the window units, however, is that they don’t push costs onto tenants in buildings where the landlord has historically paid for heat. They also may be cheaper to operate than more traditional heat pump options, although data is still extremely limited and depends on the use of supplemental heat.
It’s probably too soon to draw any major conclusions about air-to-water systems, anyway, because new, potentially more effective options are on the way. In 2023, New York State launched a contest challenging manufacturers to develop new decarbonized heating solutions for large buildings. Among the finalists announced last year, six companies were developing heat pumps that could generate higher-temperature hot water and/or steam. One of them is now installing its first demonstration system in an apartment building in Harlem, and two others have similar demonstrations in the works.
The ACEEE report also mentions a few other promising new heat pump formats, such as an all-in-one wall-mounted heat pump from Italian company Ephoca. It’s similar to the window heat pump in that it’s contained in a single device rather than split into an indoor and outdoor unit, so it doesn’t require mounting anything to the outside of the building or worrying about refrigerant lines, although it does require drilling two six-inch holes in the wall for vents. These may be a good option for those whose windows won’t accommodate a window heat pump or who don’t like the aesthetics. New York State is also funding product development for better packaged terminal heat pumps that could slot into wall cavities occupied by less-efficient packaged terminal air conditioners and heat pumps today.
Gradient and Midea are not yet selling their cold-climate window heat pumps to the general public. Gradient brought a version of its technology for more moderate climates to market in 2023, which was only suitable for heating at outdoor temperatures of 40 degrees and higher. But the company has discontinued that model and is focusing on an “all-weather” version designed for cold climates, which is the one that has been installed in the New York City apartments. Neither company responded to my inquiry about when their heat pumps would be available to consumers.
One big takeaway is that even the new school heat pumps designed to be easier and cheaper to install have higher capital costs than buying a boiler and air conditioners — a stubborn facet of many climate solutions, even when they save money in the long run. Canary Media previously reported that the Gradient product would start at $3,800 per unit and the Midea at $3,000. Experts expect the cost to come down as adoption and demand pick up, but the ACEEE report recommends that states develop incentives and financing to help with up-front costs.
“These are not just going to happen on their own. We do need some policy support for them,” Nadel said. In addition to incentives and building decarbonization standards, Nadel raised the idea of discounted electric rates for heat pump users, an idea that has started to gain traction among climate advocates that a few utilities have piloted.
“To oversimplify,” Nadel said, “in many jurisdictions, heat pumps subsidize other customers, and that probably needs to change if this is going to be viable.”
Current conditions: Two people are missing after torrential rains in Catalonia • The daily high will be over 115 degrees Fahrenheit every day this week in Baghdad, Iraq • The search for victims of the Texas floods is paused due to a new round of rains and flooding in the Hill Country.
Homeland Security Secretary Kristi Noem defended the Federal Emergency Management Agency after The New York Times reported it failed to answer nearly two-thirds of the calls placed to its disaster assistance line by victims of the Central Texas floods. Speaking on NBC’s Meet the Press on Sunday, Noem repudiated reports by the Times and Reuters that her requirement that she personally approve expenses over $100,000, as well as the deployment of other critical resources, created bottlenecks during the crucial hours after the floodwaters receded. “Those claims are absolutely false,” she said.
Noem additionally denied reports that FEMA’s failure to renew the contracts of call-center contractors created a slowdown at the agency. Per the Times’ reporting, FEMA allowed its call center contract extension to expire on the night of July 5, in the midst of the unfolding disaster. During the day on July 5, FEMA answered the calls of 99.7% of survivors seeking one-time assistance for their immediate needs, the Times’ reporting shows; after FEMA failed to renew the contracts and hundreds of contractors were fired, the answer rate dropped to just 35.8% on July 6, and 15.9% on July 7. “Those contracts were in place, no employees were off of work,” Noem told Meet the Press. (Reuters reports that an internal FEMA document shows Noem approved the call center contracts as of July 10.)
At least 120 people died in the flash floods in Texas’ Hill Country over the Fourth of July weekend, with more than 160 people still missing. FEMA has fired or bought out at least 2,000 full-time employees since the start of the year, though since the floods, the Trump administration has reframed its push to “abolish” FEMA as “rebranding” FEMA, instead.
The Trump administration last week fired the final handful of employees who worked at the Office of Global Change, the division of the State Department that focused on global climate negotiations. Per The Washington Post, the employees were the final group at the department working on issues of international climate policy, and were part of bigger cuts to the agency that will see nearly 3,000 staffers out of work. “The Department is undertaking a significant and historic reorganization to better align our workforce activities and programs with the America First foreign policy priorities,” the State Department told the Post in a statement about the shuttering of the office.
Grand Canyon Lodge employees pictured on July 20, 1930. NPS/George Grant
The historic Grand Canyon Lodge burned down in the nearly 6,000-acre Dragon Bravo Fire in Arizona over the weekend. The rustic lodge, located on the Canyon’s remote North Rim, had stood since 1937, when it was rebuilt after a kitchen fire, and was the only hotel located inside the boundaries of the national park.
Arizona Governor Katie Hobbs called for an investigation into the National Park Service’s handling of the fire, which destroyed an additional 50 to 80 structures on the park’s North Rim. “An incident of this magnitude demands intense oversight and scrutiny into the federal government’s emergency response,” she said, adding that “Arizonans deserve answers for how this fire was allowed to decimate the Grand Canyon National Park.” The Dragon Bravo Fire is one of two wildfires burning on the park’s north side and began after a lightning strike on July 4. The famous Phantom Ranch, located inside the canyon, and popular Bright Angel Trail and Havasupai Gardens, were also closed to hikers as of Sunday due to the fires.
Late last week, the local government of Nantucket reached a settlement with GE Vernova for $10.5 million to compensate for the tourism and business losses that resulted from the July 2024 turbine failure at Vineyard Wind 1. The town will use the money to establish a Community Claims Fund to provide compensation to affected parties.
The incident involved a 350-foot blade from a GE Vernova turbine that split off and fell into the water during construction of Vineyard Wind. Debris washed up onshore, temporarily closing some of the Massachusetts island’s iconic beaches during the height of tourist season. “The backlash was swift,” my colleague Emily Pontecorvo reported at the time. “Nantucket residents immediately wrote to Nantucket’s Select Board to ask the town to stop the construction of any additional offshore wind turbines.” Though significant errors like blade failures are incredibly rare, as my colleague Jael Holzman has also reported, the disaster could not have come at a worse time for Vineyard Wind, which subsequently saw its expansion efforts stymied by the Trump administration.
Nineteen states and the territory of Guam moved last week to intervene in a May lawsuit claiming the Trump administration has violated young people’s right to good health and a stable environment. The original complaint was filed in May by 22 plaintiffs represented by Our Children’s Trust — the same Oregon group that brought Held v. Montana, which successfully argued that the state violated young people’s constitutional right to a clean and healthful environment, as well as the groundbreaking climate case Juliana v. United States, which the Supreme Court declined to hear this spring.
In the new Montana-led move, the coalition of states represented by their respective attorneys general is seeking to join the lawsuit as defendants. Per Our Children’s Trust, the plaintiffs will file a formal response to the motion to intervene in the coming weeks.
More than half of all the soybean oil produced in the United States next year will be used to make biofuel, according to a new outlook by the U.S. Department of Agriculture.
Editor’s note: This story has been updated to reflect the current state of the youth climate lawsuit.
The multi-faceted investment is defense-oriented, but could also support domestic clean energy.
MP Materials is the national champion of American rare earths, and now the federal government is taking a stake.
The complex deal, announced Thursday, involves the federal government acting as a guaranteed purchaser of MP Materials’ output, a lender, and also an investor in the company. In addition, the Department of Defense agreed to a price floor for neodymium-praseodymium products of $110 per kilogram, about $50 above its current spot price.
MP Materials owns a rare earths mine and processing facility near the California-Nevada border on the edges of the Mojave National Preserve. It claims to be “the largest producer of rare earth materials in the Western Hemisphere,” with “the only rare earth mining and processing site of scale in North America.”
As part of the deal, the company will build a “10X Facility” to produce magnets, which the DOD has guaranteed will be able to sell 100% of its output to some combination of the Pentagon and commercial customers. The DOD is also kicking in $150 million worth of financing for MP Materials’ existing processing efforts in California, alongside $1 billion from Wall Street — specifically JPMorgan Chase and Goldman Sachs — for the new magnet facility. The company described the deal in total as “a multi-billion-dollar commitment to accelerate American rare earth supply chain independence.”
Finally, the DOD will buy $400 million worth of newly issued stock in MP Materials, giving it a stake in the future production that it’s also underwriting.
Between the equity investment, the lending, and the guaranteed purchasing, the Pentagon, and by extension the federal government, has taken on considerable financial risk in casting its lot with a company whose primary asset’s previous owner went bankrupt a decade ago. But at least so far, Wall Street is happy with the deal: MP Materials’ market capitalization soared to over $7 billion on Thursday after its share price jumped over 40%, from a market capitalization of around $5 billion on Wednesday and the company is valued at around $7.5 billion as of Friday afternoon.
Despite the risk, former Biden administration officials told me they would have loved to make a deal like this.
When I asked Alex Jacquez, who worked on industrial policy for the National Economic Council in the Biden White House, whether he wished he could’ve overseen something like the DOD deal with MP Materials, he replied, “100%.” I put the same question to Ashley Zumwalt-Forbes, a former Department of Energy official who is now an investor; she said, “Absolutely.”
Rare earths and critical minerals were of intense interest to the Biden administration because of their use in renewable energy and energy storage. Magnets made with neodymium-praseodymium oxide are used in the electric motors found in EVs and wind turbines, as well as for various applications in the defense industry.
MP Materials will likely have to continue to rely on both sets of customers. Building up a real domestic market for the China-dominated industry will likely require both sets of buyers. According to a Commerce Department report issued in 2022, “despite their importance to national security, defense demand for … magnets is only a small portion of overall demand and insufficient to support an economically viable domestic industry.”
The Biden administration previously awarded MP Materials $58.5 million in 2024 through the Inflation Reduction Act’s 48C Advanced Energy Project tax credit to support the construction of a magnet facility in Fort Worth. While the deal did not come with the price guarantees and advanced commitment to purchase the facility’s output of the new agreement, GM agreed to come on as an initial buyer.
Matt Sloustcher, an MP Materials spokesperson, confirmed to me that the Texas magnet facility is on track to be fully up and running by the end of this year, and that other electric vehicle manufacturers could be customers of the new facility announced on Thursday.
At the time MP Materials received that tax credit award, the federal government was putting immense resources behind electric vehicles, which bolstered the overall supply supply chain and specifically demand for components like magnets. That support is now being slashed, however, thanks to the One Big Beautiful Bill Act, which will cancel consumer-side subsidies for electric vehicle purchases.
While the Biden tax credit deal and the DOD investment have different emphases, they both follow on years of bipartisan support for MP Materials. In 2020, the DOD used its authority under the Defense Production Act to award almost $10 million to MP Materials to support its investments in mineral refining. At the time, the company had been ailing in part due to retaliatory tariffs from China, cutting off the main market for its rare earths. The company was shipping its mined product to China to be refined, processed, and then used as a component in manufacturing.
“Currently, the Company sells the vast majority of its rare earth concentrate to Shenghe Resources,” MP Materials the company said in its 2024 annual report, referring to a Chinese rare earths company.
The Biden administration continued and deepened the federal government’s relationship with MP Materials, this time complementing the defense investments with climate-related projects. In 2022, the DOD awarded a contract worth $35 million to MP Materials for its processing project in order to “enable integration of [heavy rare earth elements] products into DoD and civilian applications, ensuring downstream [heavy rare earth elements] industries have access to a reliable feedstock supplier.”
While the DOD deal does not mean MP Materials is abandoning its energy customers or focus, the company does appear to be to the new political environment. In its February earnings release, the company mentioned “automaker” or “automotive-grade magnets” four times; in its May earnings release, that fell to zero times.
Former Biden administration officials who worked on critical minerals and energy policy are still impressed.
The deal is “a big win for the U.S. rare earths supply chain and an extremely sophisticated public-private structure giving not just capital, but strategic certainty. All the right levers are here: equity, debt, price floor, and offtake. A full-stack solution to scale a startup facility against a monopoly,” Zumwalt-Forbes, the former Department of Energy official, wrote on LinkedIn.
While the U.S. has plentiful access to rare earths in the ground, Zumwalt-Forbes told me, it has “a very underdeveloped ability to take that concentrate away from mine sites and make useful materials out of them. What this deal does is it effectively bridges that gap.”
The issue with developing that “midstream” industry, Jacquez told me, is that China’s world-leading mining, processing, and refining capacity allows it to essentially crash the price of rare earths to see off foreign competitors and make future investment in non-Chinese mining or processing unprofitable. While rare earths are valuable strategically, China’s whip hand over the market makes them less financially valuable and deters investment.
“When they see a threat — and MP is a good example — they start ramping up production,” he said. Jacquez pointed to neodymium prices spiking in early 2022, right around when the Pentagon threw itself behind MP Materials’ processing efforts. At almost exactly the same time, several state-owned Chinese rare earth companies merged. Neodymium-praseodymium oxide prices fell throughout 2022 thanks to higher Chinese production quotas — and continued to fall for several years.
While the U.S. has plentiful access to rare earths in the ground, Zumwalt-Forbes told me, it has “a very underdeveloped ability to take that concentrate out away from mine sites and make useful materials out of them. What this deal does is it effectively bridges that gap.”
The combination of whipsawing prices and monopolistic Chinese capacity to process and refine rare earths makes the U.S.’s existing large rare earth reserves less commercially viable.
“In order to compete against that monopoly, the government needed to be fairly heavy handed in structuring a deal that would both get a magnet facility up and running and ensure that that magnet facility stays in operation and weathers the storm of Chinese price manipulation,” Zumwalt-Forbes said.
Beyond simply throwing money around, the federal government can also make long-term commitments that private companies and investors may not be willing or able to make.
“What this Department of Defense deal did is, yes, it provided much-needed cash. But it also gave them strategic certainty around getting that facility off the ground, which is almost more important,” Zumwalt-Forbes said.
“I think this won’t be the last creative critical mineral deal that we see coming out of the Department of Defense,” Zumwalt-Forbes added. They certainly are in pole position here, as opposed to the other agencies and prior administrations.”