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Governor Kathy Hochul’s proposal to weaken the state’s emissions targets reflects a fundamental tension in the process of decarbonization.

New York Governor Kathy Hochul has been signaling her intent to rewrite the state’s climate law for months, arguing that achieving the existing emissions targets it lays out would impose “enormous” costs on New Yorkers. She finally revealed her proposal to do so on Friday, requesting new targets and more time to meet them. If she gets her way, New York would be the first state to renege on its climate goals.
More specifically, Hochul pitched moving the law’s deadline for enacting climate regulations from 2024 to 2030. She wants to establish a new emissions target for 2040 to replace one for 2030 that will now be all but impossible to meet, and to revise the existing 2050 target. She also wants to change the official accounting method the state uses to calculate emissions from shorter-lived greenhouse gases like methane — an idea she first floated during a budget fight in 2023. That would ease pressure to cut natural gas use and make the state look further along on its climate goals than it currently does. It would also align New York’s approach with the way the rest of the U.S. accounts for methane.
The governor can’t do any of this without the legislature, though. She’s pushing for the changes as part of closed-door budget negotiations with a March 31 deadline. Discussions did not get off on a promising foot: More than half the state Senate has rebuked her plan, with 29 Democrats penning a letter to say they “categorically oppose any effort to roll back New York’s nation-leading climate law.” It is the “fossil fuel status quo that has created the affordability crisis,” the senators wrote.
Environmental groups also reject the governor’s version of events, arguing that her proposal would threaten affordability rather than address it, and accusing her of giving in to fossil fuel interests.
Neither side is presenting a complete picture of the trade-offs, however. To back up Hochul’s assertion that the law as written would impose prohibitive costs on New Yorkers, her administration has relied on overly aggressive analyses that misleadingly frame climate action as a pure expense. At the same time, it's true that the regulations Hochul wants to delay would raise costs for many New Yorkers in the near term, with savings materializing later.
The dispute is emblematic of the way the cost of living crisis is deepening a tension at the heart of climate politics: Decarbonization often imposes real costs now in exchange for diffuse benefits later, which is a tough sell to voters who are finding it increasingly difficult simply to keep themselves afloat.
Hochul arguably got herself into this mess. The clash in New York dates back to 2024, when her administration missed the deadline to issue regulations that would ensure the state achieved its emissions targets.
At first it seemed like the regulations would simply come late. The state was developing a Cap and Invest program — essentially a carbon price that charges polluters for every ton they emit and delivers the proceeds back to consumers as rebates, incentives, and public benefit programs. State officials released a pre-proposal for the program in January 2024 that included a price ceiling to minimize cost impacts. It was expected to generate $3 billion to $5 billion in its first year.
At the time, Hochul’s administration painted a rosy picture of the program, arguing that it would accelerate emission reductions, especially as the state reinvested revenue into incentives for New Yorkers to switch to heat pumps and electric vehicles. While the cost for consumers of driving gas-powered cars and using oil and gas-burning heating systems would go up, “millions of households would break even,” officials said, after proceeds from the program were returned via direct payments and incentives. By 2030, they said, many would come out ahead.
Cap and Invest was never envisioned as New York’s only tool to ratchet down emissions. The state’s own modeling indicated that the proposal — even when implemented alongside other policies — would fall short of the state’s target of cutting emissions to 40% below 1990 levels by 2030 by at least 15%.
Then, after holding a series of public workshops on the pre-proposal, the administration went silent. In early 2025, Hochul shocked the climate community when she decided to delay the program indefinitely, citing affordability concerns. Environmental groups accused her of breaking the law, sued the state, and won. Last October, the New York State Supreme Court ordered Hochul to “promulgate rules and regulations to ensure compliance with the statewide emissions reductions limits.”
Hochul had two options. She could impose a tax on carbon in an election year when affordability had become the defining issue. Or she could ask the legislature to change the law’s deadlines.
That brings us to February, when a conveniently-timed memo leaked from the state energy office with the subject, “Likely Costs of CLCPA Compliance.” (CLCPA stands for Climate Leadership and Community Protection Act — the name of New York’s climate law.)
In order to “fully comply” with the law’s emissions limits, the memo says, the Cap and Invest program cannot have a price ceiling. The energy office estimated the carbon price would start at $120 per metric ton, although the memo says this is likely an underestimate because it was calculated before Trump revoked clean energy tax credits, rolled back vehicle emissions rules, and imposed costly tariffs that also raise the cost of clean energy projects. By comparison, the 2024 pre-proposal would have capped the carbon price at between $14 and $23 in the first year.
“Absent changes” to the climate law, the memo goes on to say, New Yorkers would be paying more than $2 more at the pump and an extra $17 per month on their heating bills by 2031 under Cap and Invest.
The environmental community was flabbergasted. The memo “represents modeling of a program that has not been on the table,” Kate Courtin, a senior manager on the state climate policy team at the Environmental Defense Fund, told me. The numbers “do not reflect any of the scenarios the state was looking at.”
The document appears to reflect a Cap and Invest program that would singlehandedly achieve the statutory targets, which other climate advocates I talked to framed as an absurdly literal reading of the court’s order.
“It feels very disingenuous, because no one is asking for that,” Liz Moran, a New York policy advocate at Earthjustice, told me. Earthjustice represented the environmental groups who sued the administration to compel Hochul to release a climate plan. “Our litigation is not about what is in the regulations,” she said. “It is about the fact that she did not issue regulations. No one was anticipating one set of regulations alone to achieve the targets.”
Vanessa Fajans-Turner, the executive director for Environmental Advocates NY, issued a statement calling the memo “a political tactic meant to scare legislators into giving her a way out of obeying the law.”
That may be so, but the memo also raises uncomfortable questions about New York’s climate strategy in a political environment dominated by affordability concerns.
Environmental Advocates NY argues that extending the law’s deadlines would “increase costs for households and the state,” citing the hazards of a warming world. The state’s earlier analysis also found that the financial benefits to New Yorkers would outweigh the costs. But in both examples, there is a lag between when the costs and benefits hit.
New Yorkers will experience Cap and Invest as a cost first. While the costs may not be as high as the memo envisions, it still literally puts a price on carbon. The pre-proposal also estimated that fuel costs would increase by as much as $9 to $15 per month in the first year for some families. Enacting a carbon tax just as energy prices are going up due to rising demand, the costs of caring for our increasingly fragile grid, and war with Iran could come off as tone deaf at best, political suicide at worst.
“It’s impossible to have a coherent debate about this if we’re not all first on the same page that a carbon price is designed to add costs to carbon-intensive energy uses, and that will add costs to consumers,” Noah Kaufman, a senior research scholar at Columbia University’s Center on Global Energy Policy, told me.
While Moran emphasized that the Cap and Invest program did not have to be the only tool the state uses to reach its emissions targets, the memo underscores how much the state’s toolbox has changed since the targets were enacted. Trump’s slashing clean energy tax cuts and enacting tariffs have increased the cost of clean energy. New York’s strategy also relied on clean car rules that would require all vehicle sales to be zero-emissions by 2035 — but Trump has stripped the state’s ability to enact such a policy. He also, of course, put an effective ban on new offshore wind development. New York was planning to have at least 9 gigawatts of offshore wind by 2035, but it got just 1.8 gigawatts into the pipeline before the moratorium came down.
The most recent data shows that as of 2023, New York had cut emissions by only about 14% relative to 1990 levels. “You look at where New York is on emissions or renewables or electric vehicle penetration, and it doesn’t look plausible at all,” Kaufman said. “It’s analogous to the 1.5-degree [Celsius temperature rise] target. People have a hard time letting go of it, even though when you map out the pathway that it would take to get from here to there, it looks entirely implausible.”
When I asked climate advocates about the emission targets, they didn’t deny that the numbers were unrealistic, but they also saw no need to update them. “There’s an understanding that the targets will be hard to meet,” Moran said. “But why change them if we haven’t even started to try?”
“I think any conversation about the targets and the law should focus on what the state can be doing right now and in the immediate future to implement the law and accelerate clean energy progress,” Courtin said.
At the same time, environmental groups are right that reliance on fossil fuels is a big part of why energy costs are increasing for New Yorkers. The state’s grid operator published a report in January that highlighted how the rising cost of natural gas was a leading factor driving up electricity bills. Some of Hochul’s recent decisions, including walking back a ban on gas hookups in new buildings and approving a new natural gas pipeline, will further entrench New York’s reliance on the fuel.
Advocates told me they were most angry that the Hochul administration was portraying climate action and clean energy as an impediment rather than a solution to the affordability crisis, which could do long-term damage to the case for decarbonization. Already, the New York Post editorial board has claimed victory, writing that Hochul is “finally admitting that the ‘climate’ law she’s long supported is toxic to New York’s economy and to ’affordability.’”
“The troubling thing is that they’re presenting this false narrative that these two things are at odds with each other,” Justin Balik, the state program director for the nonprofit Evergreen Action, told me. He pointed out that other governors — Mikie Sherrill in New Jersey, Abigail Spanberger in Virginia — have found winning political messages that champion both affordability and climate action.
“Let’s have a conversation about New York doing every single thing that is within the state’s control to both cut people’s costs and cut pollution at the same time,” Balik said. Evergreen recently commissioned a report outlining a range of clean energy-friendly strategies that could help New York reduce energy costs, like requiring data centers to build new clean power plants and lowering utilities’ rate of return. Those strategies would not get Hochul out of the deadline to impose a carbon tax, however.
There will never be a good time to price carbon; it could feel as politically painful, or more so, in 2030 as it did in 2024, 2025, and 2026. It will be up to the legislature to decide whether New York will take the leap now and recommit to the ambition it had during an earlier, more auspicious moment for decarbonization, or to wait. If there’s a third option, it hasn’t been articulated yet.
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Why local governments are getting an earful about “infrasound”
As the data center boom pressures counties, cities, and towns into fights over noise, the trickiest tone local officials are starting to hear complaints about is one they can’t even hear – a low-frequency rumble known as infrasound.
Infrasound is a phenomenon best described as sounds so low, they’re inaudible. These are the sorts of vibrations and pressure at the heart of earthquakes and volcanic activity. Infrasound can be anything from the waves shot out from a sonic boom or an explosion to very minute changes in air pressure around HVAC systems or refrigerators.
Knowing some of these facilities also have the capacity to produce significant audible noise, growing segments of the population’s more tech-skeptical and health-anxious corners are fretting some data centers could be making a lot of infrasound, too. The whizzing of so many large computational machines combined with cooling fans and other large devices creating so many new columns of air flow. Add onto that any rotational onsite power generation – think natural gas turbines, for example – and you get quite a lot of movement that could potentially produce what they say is infrasound.
Some of the virality of this chatter about infrasound and data centers comes from a video about infrasound created by audio engineer and researcher Benn Jordan. Currently sitting at more than 1 million views, this short YouTube film documents claims that some data centers are operating like “acoustic weapons” through infrasound and harming people. Andy Masley, an “effective altruist” writer, has become the chief critic of the Jordan video, getting into a back-and-forth that’s raised the issue to Internet discourse territory.
The Jordan-Masley infrasound debate is honestly a bit of a mess. So I want to be clear: I’m not going to get into the science of whether or not infrasound poses any kind of public health risk in this article. We can get to that later. It’s worth saying that this subject may need more study and that work is ongoing. Also, talking about infrasound at all can make you honestly sound a little wacky (see: this study blaming people seeing ghosts on infrasound). It might also remind you of another panic in the Electric Age: electromagnetic fields, also known as EMFs. Developers of transmission lines and solar projects have long had to deal with people worried about transmission lines and large electrical equipment potentially glowing with invisible, unhealthy radiation.
In late 2024, I wrote about how an RFK Jr. supporter worried about this form of electrical emission was helping lead the fight against a transmission line in New Jersey for offshore wind. Maybe that’s why it didn’t surprise me one bit when the Health and Human Services secretary himself told a U.S. Senate Committee last week that he was asking the Surgeon General’s office to “do either meta reviews” or “base studies” on noise pollution and EMF radiation from data centers “so we can better inform the American public.”
“There’s a range of injuries that are very, very well documented. They’re neurological – very, very grave neurological injuries, cancer risk,” Kennedy Jr. told the Senate Health, Education, Labor and Pensions Committee on April 22 in response to a request from Sen. Josh Hawley of Missouri to study the issue. “The risks, to me, are tremendous.”
There’s also the unfortunate reality that infrasound impacts have previously been a cudgel to slow down renewable energy deployment. Wind turbines create infrasound because of the subharmonic frequencies created when one turbine rotates at a slightly different pace than another, producing a slightly dissonant low frequency noise. Groups like the Heartland Institute proudly list this infrasound as one of the reasons wind energy “menaces man and nature.”
But regardless of merit, this concern is already impacting local government decisions around data center projects, much like how one Michigan county sought to restrict solar energy on the same basis.
In February Adrian Shelley, the Texas director for environmental group Public Citizen, implored the city of Red Rock to study changing their noise ordinance to take into account infrasound. “It has effects on sleep patterns, on stress, on cardiovascular health, and it is potentially a very serious concern,” Shelley said at a February 11 city council discussion on data center rules. “It will not be covered by the city’s noise ordinance, which only deals with audible sound.”
Earlier this month in Calvert County, Maryland, a volunteer for their environmental commission recently told the county government that infrasound needs to be factored into their future data center planning. “It will have significant impacts on our region and the Chesapeake and the Patuxent because infrasound isn’t stopped by walls,” commission member Janette Wysocki, a proud land conservationist, said at an April 15 hearing. “It will keep going, it will move through anything. It’s a very long wavelength. So we need to protect our ecosystem.” Wysocki implored the county to consider whether to adjust its noise regulations.
Around the same time, similar concerns were raised in Lebanon, a small city in east-central Pennsylvania. “It permeates through concrete walls, it permeates through the ground,” Thomas Dompier, an associate professor at Lebanon Valley College, said at an April 16 Lebanon County commission hearing on data centers.
Lastly, last week I explained how Loudon County wants to rethink its noise ordinance to deal with low-frequency “hums” from data centers – a concern echoing those who fret infrasound.
Ethan Bourdeau, executive director of standards at Quiet Parks Intentional and a career acoustician and building standards writer, told me that what makes data centers unique is the “constant drone” of noise that could potentially carry subharmonic frequencies. Bourdeau said cities or counties could possibly factor concerns about infrasound into noise ordinances to address those who are most concerned. One way they could do it is by changing how decibels are weighted in the government’s measurements. A-weighting decibel meters are a common form of sound measurement geared toward perceptible noise. Using different systems, like C-weighting or G-weighting, would avoid ways that A-weighting can filter out sub-hearing frequencies.
“These are reporting and weighting systems where a sound level meter taking background noise receives all the unweighted sound and then you apply all these filters afterwards, like an EQ curve,” Bourdeau said.
So I guess if those most concerned about infrasound have their way, a lot of country commissioners and local elected leaders will be heading to the mixing booth.
And more on the week’s top fights around project development.
1. King County, Washington – The Moss Landing battery backlash is alive and well more than a year after the fiery disaster, fomenting an opposition stampede that threatens to delay a massive energy storage project two dozen miles east of Seattle.
2. Prince Williams County, Virginia – It was a big week for data center troubles. Let’s start with Data Center Alley, which started to show cracks this week as data center developer Compass announced it was pulling out of the controversial Digital Gateway mega-project.
3. Washtenaw County, Michigan – Turning to Michigan, real estate firm Sansone abandoned plans to purchase land owned by Toyota to build a hyperscale data center campus after the local township instituted a 6-month moratoria.
4. Okeechobee County, Florida – The backlash to data centers is killing projects in deep-red Florida too, as this county’s commission decides to kill a 205-acre prospective data center campus led by a state college.
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A conversation with Holly Jean Buck, author of a buzzy story about Bernie Sanders’ proposal for a national data center moratorium.
This week’s conversation is with Holly Jean Buck, an associate professor at the University of Buffalo and former official in the Energy Department’s Office of Fossil Energy and Carbon Management. Buck got into the thicket of the data center siting debate this past week after authoring a polemic epistemology of sorts in Jacobin arguing against a national data center ban. In the piece, she called a moratorium on AI data centers “a massive strategic blunder for the left, and we should think through the global justice implications and follow-on effects.” It argued that environmental and climate activists would be better suited not courting a left-right coalition that doesn’t seem to have shared goals in the long term.
Her article was praised by more Abundance-leaning thinkers like Matthew Yglesias and pilloried by some of the more influential people in the anti-data center organizing space, such as Ben Inskeep of Citizens Action Coalition of Indiana. So I wanted to chat with her about the discourse around her piece. She humbly obliged.
The following conversation was lightly edited for clarity.
So my first question is kind of a broad one and perhaps a suitable polemic to open with: are data center moratoria (bans) “slopulism”?
Haha, oh no. I don’t know if I have a working definition of that term.
“Slopulism” is colloquially known as low-effort or performative populism slop that is focused on emotional gratification and elite resentment instead of substantive policy.
I think, sometimes? Moratoria have been proposed at a lot of different levels in a lot of different forms. With the national moratorium, as written in the AI Data Center Moratorium Act [proposed by Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez], I thought from a rhetorical and textual standpoint it was a pretty amazing document. I just don’t think it’s a great policy proposal, so maybe that’s a little bit closer, but I don’t think people working on that theory of change would see it as slopulism. They’re thinking of this as a negotiating tactic and thinking, how do we leverage this moment and make it clear to the tech industry they don’t have social license?
I wouldn’t personally call it slopulism. I just don’t think it’ll work. I don’t think it's effective but I'm not big on labels.
Personally, I come down sort of where you’re at on the yes-and-no kind of tack. There’s definitely some vibes based stuff going on, which you address in your piece, but historically there’s a pretty long legacy of advocacy campaigns for, well, let’s ban this until we’ve finished regulating it.
You write part of why a moratoria push can be a dead end is that the right and left coalitions pushing to stop data centers have different interests on other issues and that it may not follow that stopping data centers will result in a clean energy buildout, or the social policies to address job displacement.
When you talk about the left-right coalition, help me understand what’s driving the opposition and why you think it’s happening the way it is?
I think there’s a lot of layers here. It’s pretty complex. It’s well established there are left-right coalitions. I don’t think we have a great body of social science research but I think that is a solid working assumption. So I think the people who are a part of this, it’s easy for them to come together and stop a thing that’s happening near them. But I don’t think they’re going to agree on how we build a decarbonized, resilient grid. The people in that coalition are going to have vastly different perspectives on whether we want to decarbonize, what measures are feasible and worth paying for to get there. Same thing when it comes to the thornier questions about AI governance. The solution set is just not something the members of that coalition are going to agree on.
So it feels maybe on the ground like this really cool moment about rising up against these big forces. It’s cool. I get it. I was actually very much on board with that a while ago. And my views on that have shifted. I don’t think it’s going to be productive unless it’s coupled with a lot of very real coalition building work I don’t see happening.
I’ve had conversations with environmental activists about that issue. I did a Q&A with someone from Public Citizen about this particular issue right after the national data center moratoria was introduced with Senator Sanders. I asked, do you have any concerns about pushing for a moratoria on new tech infrastructure when this tool is also used by those trying to stop solar, wind and batteries? Is there any concern that in some communities it’ll go from data centers to renewables?
I wondered reading your piece if this is part of what you’re getting at here, that this backlash doesn’t necessarily seem to be rooted as much in a transition away from fossil fuels or building lots of new renewable energy.
I think in the absence of systematic research, it’s one of these things where people can see it the way they want, through their own lens.
I’ve been following this in a few different places in the country, especially through online Facebook groups, and there is a noticeable overlap between some of those Facebook groups and the content and many of the anti-renewable groups I follow. Some of the themes remind me of this piece I wrote about para-environmentalism. There’s a lot of places where it dips into conspiracy and fears about new technology, electro-magnetic radiation, sorts of places where a data center is mundane but can take on creepy, supernatural overtones in some of these groups. Before I was studying para-environmentalism more generally I was thinking we really need this left-right coalition to rise up against these companies. Now I’m much more cautious about where it’ll lead.
I know Twitter isn’t real life, but the discourse around your work – those who have criticized it – are saying, why can’t we do both? Why can’t we go after the data center sector without potentially heading towards that form of politics you’re afraid of?
I don’t think it's the moratoria necessarily but the left-right blocking approach.
There’s a couple things I want to make discernments about. I want to make a discernment between people who want to stop a data center and a moratorium that’s more of a blanket, larger regional or national thing. I do think there are data centers being sited in really bad places, under really bad agreements. They shouldn’t move forward.
There’s bad data centers and there’s okay data centers and we need to be discerning between them. There’s also normal processes in this country for siting large facilities, whether they’re county level zoning commissions and something else.
But to your question of why can’t we do both, we could have a viable left-right anti-tech organizing that makes real demand for how we go about the lithium and AI age if people were investing in the social infrastructure necessary to make that happen. We’re very far from it because the framing of stopping a thing… We need people who are convening real conversations about what to do. I think they’re focused on stopping a thing.
I don’t know if they’re focused on whether we need universal basic income, a public wealth fund or something else, in a way that’s across the aisle. That would be a whole movement building infrastructure and it’s one we need if we’re going to decarbonize.
But that’s not what I am seeing – I’m seeing NGOs funded by wealthy and non-transparent donor-advised funds focused on some parts of the country and not others. We’re not getting to having those conversations happening or even having a shared media reality.
Can you go a bit deeper on how a situation where there is a national moratoria results in equity concerns? How are those less fortunate hurt by that?
There are three things I am concerned about. The first thing is that people who are better organized because they have more resources say we need a national moratoria which pushes development to regions with weaker organizing. Maybe they have weaker environmental and social regulations. I’m concerned about that because there’s a huge history of that happening across different regions and industries.
The second thing I am concerned about is driving up the cost of computation in ways that would make AI less affordable and accessible for people who may be able to use it for a variety of things. I realize that’s controversial for the segment of the population who thinks AI is useless but I think it’s tremendously valuable and I want a world where everybody has access to these capabilities and I think it’s made less likely by making computation less expensive.
The third thing, which I didn’t have room in my piece to address, is to what extent this moment is about the data centers. This is a new focus for the climate movement, which is understandable because there’s been a sideshift away from climate and the Trump administration has put everything in such a dire place that they need wins to hold on to. I’m worried about whether that displaces energy and funding away from other environmental issues. Are we taking space away from other priority areas? I’m not saying we know about those things but these are concerns we need to focus on. And if they’re not concerns, that’s good news. But we should think of them.
On that note, on the bigger question, do you believe artificial intelligence and these data centers are a net positive or a net negative for the effort to solve for climate change?
I think it’s too soon to say what the net effect will be and that net effect will be indirect. We can count the carbon emissions from these and say, great we have a whole new industrial sector to contend with among all these other industries we’re trying to decarbonize. And it’s bad from that point of view.
Then you have efficiencies that AI might discover. I have no clue about the extent of that.
Then you have AI impacting the information ecosystem, what they want to believe and what they want to do. Maybe the greatest impacts of AI will be it causes people to take climate more seriously. Or ways through social media that convince people it is a hoax.
It’s hard to measure all these factors and speculations against each other. So I have no idea what the net effect will be on climate and I don’t believe anyone who says they know what it’ll be at this point.
But the data centers – from your perspective, is this boom helping or hurting?
I think it’s definitely a setback. But if I look at the whole picture of climate change I think this is more tractable than some of the challenges we have with decarbonization. Number one, we know how to decarbonize data centers. It’s a lot harder than something like cement where we don’t know how to stop the emissions themselves. I think agriculture is really challenging to decarbonize – it’s mixed up in what people eat and land use. Data centers is a problem. But it seems tractable because of that.
We also have all these people working on this. All of these climate professionals who’ve pivoted to framing their work into being about AI. I think we have the knowledge and the personnel to do it. If I compare data centers to other parts of decarbonization, it’s not on the top of my list of things I’m worried about. But it is tough – we knew we had this many tonnes to deal with and now we’re adding things. It’s a challenge but I want to have perspective about the challenge.
Can I close on a fun question?
Sure.
What’s the last song you listened to?
Oh, gee. It was some terrible ‘80s song because my kind is really into that kind of music right now. The one that sticks out is “Sunglasses At Night,” which is always playing in the Buffalo airport.