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Climate

NAACP, SELC Threaten to Sue Musk’s xAI

On xAI, residential solar, and domestic lithium

NAACP, SELC Threaten to Sue Musk’s xAI
Heatmap Illustration/Getty Images

Current conditions: Indonesia has issued its highest alert level due to the ongoing eruption of Mount Lewotobi Laki-laki10 million people from Missouri to Michigan are at risk of large hail and damaging winds today Tropical Storm Erick, the earliest “E” storm on record in the eastern Pacific Ocean, could potentially strengthen into a major hurricane before making landfall near Acapulco, Mexico, on Thursday.

THE TOP FIVE

1. NAACP, SELC threaten to sue Elon Musk’s AI company over Memphis pollution

The NAACP and the Southern Environmental Law Center said Tuesday that they intend to sue Elon Musk’s artificial intelligence company xAI over alleged Clean Air Act violations at its Memphis facility. Per the lawsuit, xAI failed to obtain the required permits for the use of the 26 gas turbines that power its supercomputer, and in doing so, the company also avoided equipping the turbines with technology that would have reduced emissions. “xAI’s turbines are collectively one of the largest, or potentially the largest, industrial source of nitrogen oxides in Shelby County,” the lawsuit claims.

The SELC has additionally said that residents who live near the xAI facility already face cancer risks four times above the national average, and opponents have argued that xAI’s lack of urgency in responding to community concerns about the pollution is a case of “environmental racism.” In a statement Tuesday, xAI responded to the threat of a lawsuit by claiming the “temporary power generation units are operating in compliance with all applicable laws,” and said it intends to equip the turbines with the necessary technology to reduce emissions going forward.

2. Residential solar shares collapse in the wake of the Senate Finance Committee reconciliation bill proposals

Shares of several residential solar companies plummeted Tuesday after the Senate Finance Committee declined to preserve related Inflation Reduction Act investment tax credits. As my colleague Matthew Zeitlin reported, Sunrun shares fell 40%, “bringing the company’s market cap down by almost $900 million to $1.3 billion,” after a brief jump at the end of last week “due to optimism that the Senate Finance bill might include friendlier language for its business model.”

That never materialized. Instead, the Finance Committee’s draft proposed terminating the residential clean energy tax credit for any systems, including residential solar, six months after the bill is signed, as well as the investment and production tax credits for residential solar. SolarEdge and Enphase also suffered from the news, with shares down 33% and 24%, respectively. You can read Matthew’s full analysis here.

3. Chevron enters the domestic lithium business

Chevron announced Tuesday that it has acquired 125,000 net acres of the Smackover Formation in southwest Arkansas and northeast Texas to get into domestic lithium extraction. Chevron’s acquisition follows an earlier move by Exxon Mobil to do the same, with lithium representing a key resource for the transition from fossil fuels to renewable energy sources “that would allow the company to pivot if oil and gas demands wane in the coming decades,” Bloomberg writes.

“Establishing domestic and resilient lithium supply chains is essential not only to maintaining U.S. energy leadership but also to meeting the growing demand from customers,” Jeff Gustavson, the president of Chevron New Energies, said in a Tuesday press release. The Liberty Owl project, which was part of Chevron’s acquisition from TerraVolta Resources, is “expected to have an initial production capacity of at least 25,000 tonnes of lithium carbonate per year, which is enough lithium to power about 500,000 electric vehicles annually,” Houston Business Journal reports.

4. ‘Abolishing FEMA’ memo details ways to wind down the agency

The Federal Emergency Management Agency prepared a memo titled “Abolishing FEMA” at the direction of Homeland Security Secretary Kristi Noem, describing how its functions can be “drastically reformed, transferred to another agency, or abolished in their entirety” as soon as the end of 2025. While only Congress can technically eliminate the agency, the March memo, obtained and reviewed by Bloomberg, describes potential changes like “eliminating long-term housing assistance for disaster survivors, halting enrollments in the National Flood Insurance Program, and providing smaller amounts of aid for fewer incidents — moves that by design would dramatically limit the federal government’s role in disaster response.”

In May, FEMA’s acting administrator, Cameron Hamilton, was fired one day after defending the existence of the department he’d been appointed to oversee when testifying before the House Appropriations subcommittee. An internal FEMA memo from the same month described the agency’s “critical functions” as being at “high risk” of failure due to “significant personnel losses in advance of the 2025 Hurricane Season.” President Trump has, on several occasions, expressed a desire to eliminate FEMA, as recommended by the Project 2025 playbook from the Heritage Foundation. The March “Abolishing FEMA” memo “just means you should not expect to see FEMA on the ground unless it’s 9/11, Katrina, Superstorm Sandy,” Carrie Speranza, the president of the U.S. council of the International Association of Emergency Managers, told Bloomberg.

5. Spain blames April blackout on grid operators

The Spanish government on Tuesday released its report on the causes of the April 28 blackout that left much of the nation, as well as parts of Portugal, without power for more than 12 hours. Ecological Transition Minister Sara Aagesen, who heads Spain’s energy policy, told reporters that a voltage surge in the south of Spain had triggered a “chain reaction of disconnections” that led to the widespread power loss, and blamed the nation’s state-owned grid operator Red Eléctrica for “poor planning” and failing to have enough thermal power stations online to control the dynamic voltage, the Associated Press reports. Additionally, Aagesen said that utilities had preventively shut off some power plants when the disruptions started, which could have helped the system stay online. “We have a solid narrative of events and a verified explanation that allows us to reflect and to act as we surely will,” Aagesen went on, responding to criticisms that Spain’s renewable-heavy energy mix was to blame for the blackout. “We believe in the energy transition and we know it’s not an ideological question but one of this country’s principal vectors of growth when it comes to re-industrialisation opportunities.”

THE KICKER

Metrograph

“It seems that with the current political climate, with the removal of any reference to climate change on U.S. government websites, with the gutting of environmental laws, and the recent devastating fires in Los Angeles, this trilogy of films is still urgently relevant.” —Filmmaker Jennifer Baichwal on the upcoming screenings of the Anthropocene trilogy, co-created with Nicholas de Pencier and photographer Edward Burtynsky between 2006 and 2018, at the Metrograph in New York City.

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AM Briefing

SEC Won’t Let Me See

On wave energy, microplastics, and Emirati sun

The SEC building.
Heatmap Illustration/Getty Images

Current conditions: The East Coast’s Acela corridor is cooling down this week, with temperatures dropping from 85 degrees Fahrenheit in Philadelphia yesterday to the 60s for the rest of the week • Cape Agulhas is under one of South Africa’s Orange Level 6 warnings for damaging winds and dangerous waves • Floods and landslides in Brazil’s northern state of Pernambuco have left six dead and thousands displaced.


THE TOP FIVE

1. SEC moves to scrap climate rules — and quarterly reporting

The Securities and Exchange Commission has advanced a measure to formally end Biden-era climate disclosure rules for publicly-traded companies. The regulator sent the proposal to the White House’s Office of Management and Budget for review on May 4, according to a post on a government website first spotted by Bloomberg. The Wall Street watchdog’s 2024 disclosure rule mandated that publicly traded companies report on the material risks climate change poses to their business models, including the financial impact of extreme weather. Some large companies would have been required to disclose Scope 1 emissions, which are produced by the firm’s own operations, and Scope 2 emissions, which are produced by companies with which the firm does off-site business such as electricity. The rule had already been watered down before its finalization to remove Scope 3 emissions, which come from suppliers up and down the value chain and from customers who use a product such as oil.

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Podcast

Why John Arnold Is “Very Optimistic” Permitting Reform Will Pass This Year

Rob talks with the billionaire investor and philanthropist about how energy, Chinese EVs, and why he’s “very optimistic” that Congress will pass permitting reform this year.

John Arnold.
Heatmap Illustration/Getty Images

If you work around climate or clean energy, you probably know about John Arnold. Although he began his career as a natural gas trader, Arnold has since become one of the country’s most important clean energy investors. He’s the chairman of Grid United, a transmission development firm undertaking some of the country’s most ambitious power line projects, and he is an investor in the advanced geothermal startup Fervo. He and his wife Laura run the philanthropic organization Arnold Ventures.

On this week’s episode of Shift Key, Rob talks with Arnold about the current energy chaos and what might come next. They discuss Arnold’s first trip to China, whether Congress might pass permitting reform this year, and what clean energy companies should learn from the fossil fuel industry.

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John Arnold.
Heatmap Illustration/Getty Images

This transcript has been automatically generated.


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