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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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Emails raise questions about who knew what and when leading up to the administration’s agreement with TotalEnergies.
The Trump administration justified its nearly $1 billion settlement agreement with TotalEnergies to effectively buy back the French company’s U.S. offshore wind leases by citing national security concerns raised by the Department of Defense. Emails obtained by House Democrats and viewed by Heatmap, however, seem to conflict with that story.
California Representative Jared Huffman introduced the documents into the congressional record on Wednesday during a hearing held by the House Natural Resources Committee’s Subcommittee on Oversight and Investigations.
“The national security justification appears to be totally fabricated, and fabricated after the fact,” Huffman said during the hearing. “DOI committed to paying Total nearly a billion dollars before it had concocted its justification of a national security issue.”
The email exchange Huffman cited took place in mid-November among officials at the Department of the Interior. On November 13, 2025, Christopher Danley, the deputy solicitor for energy and mineral resources, emailed colleagues in the Bureau of Ocean Energy Management and the secretary’s office an attachment with the name “DRAFT_Memorandum_of_Understanding.docx.”
According to Huffman’s office, the file was a document entitled “Draft Memorandum of Understanding Between the Department of the Interior and TotalEnergies Renewables USA, LLC on Offshore Wind Lease OCS-A 0545,” which refers to the company’s Carolina Long Bay lease. (The office said it could not share the document itself due to confidentiality issues.)
While the emails do not discuss the document further, the November date is notable. It suggests that the Interior Department had been negotiating a deal with Total before BOEM officials were briefed on the DOD’s classified national security concerns about offshore wind development.
Two Interior officials, Matthew Giacona, the acting director of BOEM, and Jacob Tyner, the deputy assistant secretary for land and minerals management, have testified in federal court that they reviewed a classified offshore wind assessment produced by the Department of Defense on November 26, 2025, and then were briefed on it again by department officials in early December. They submitted this testimony as part of a separate court case over a stop work order the agency issued to the Coastal Virginia Offshore wind project in December.
“After my review of DOW’s classified material with a secret designation,” Giacona wrote, “I determined that CVOW Project’s activities did not adequately provide for the protection of national security interests,” leading to his decision to suspend ongoing activities on the lease.
Giacona and Tyner are copied on the emails Huffman presented on Wednesday, indicating that the memorandum of understanding between Total and the Interior Department had been drafted and distributed prior to their reviewing the classified assessment.
The final agreement both parties signed on March 23, however, justifies the decision by citing a series of events that it portrays as taking place after officials learned of the DOD’s national security concerns.
The Interior Department paid Total out of the Judgment Fund, a permanently appropriated fund overseen by the Treasury Department with no congressional oversight that’s set aside to settle litigation or impending litigation. The final agreement describes the background for the settlement, beginning by stating that the Interior Department was going to suspend Total’s leases indefinitely based on the DOD’s classified findings, which “would have” led Total to file a legal claim for breach of contract. Rather than fight it out in court, Interior decided to settle this supposedly impending litigation, paying Total nearly $1 billion, in exchange for the company investing an equivalent amount into U.S. oil and gas projects.
But if the agency had been negotiating a deal with Total prior to being briefed on the national security assessment, it suggests that the deal was not predicated on a threat of litigation. During the hearing, Eddie Ahn, an attorney and the executive director of an environmental group called Brightline Defense, told Huffman that this opens the possibility for a legal challenge to the deal.
I should note one hiccup in this line of reasoning. Even though Interior officials testified that they were briefed on the Department of Defense’s assessment on November 26, this is not the first time the agency raised national security concerns about offshore wind. When BOEM issued a stop work order on Revolution Wind in August of last year, it said it was seeking to “address concerns related to the protection of national security interests of the United States.”
During the hearing, Huffman called out additional concerns his office had about the settlement. He said the amount the Interior Department paid Total — a full reimbursement of the company’s original lease payment — has no basis in the law. “Federal law sets a specific formula for the compensation a company can get when the government cancels an offshore lease,” he said, adding that the settlement was for “far more.” He also challenged a clause in the agreement that purports to protect both parties from legal liability.
Huffman and several of his fellow Democrats also highlighted the Trump administration’s latest use of the Judgment Fund — to create a new $1.8 billion legal fund to issue “monetary relief” to citizens who claim they were unfairly targeted by the Biden administration, such as those charged in connection with the January 6 riot.
“Now we know that that was just the beginning,” Maxine Dexter of Oregon said. “This president’s fraudulent use of the judgment fund is the most consequential and damning abuse of taxpayer funds happening right now.”
The effort brings together leaders of four Mountain West states with nonprofit policy expertise to help speed financing and permitting for development.
Geothermal is so hot right now. And bipartisan.
Long regarded as the one form of electricity generation everyone in Washington can agree on (it’s both carbon-free and borrows techniques, equipment, and personnel from the oil and gas industry), the technology got yet another shot in the arm last week when leading next-generation geothermal company Fervo raised almost $2 billion by selling shares in an initial public offering.
Now, a coalition of western states and nonprofits is coming together to work on the policy and economics of fostering more successful geothermal projects.
Governor Jared Polis of Colorado and Governor Spencer Cox of Utah will announce the formation of the Mountain West Geothermal Consortium this afternoon at a press conference in Salt Lake City.
The consortium brings together governors, regulators, and energy policy staffers from those two states and their Mountain West neighbors Arizona and New Mexico, along with staffing and organizational help from two nonprofits, the Center for Public Enterprise and Constructive, both of which employ former Department of Energy staffers.
The consortium will help coordinate permitting, financing, and offtake agreements for geothermal projects. This could include assistance with permitting on state-level issues like water usage, attracting public dollars to geothermal projects, and upgrading geophysical data to guide geothermal development.
Michael O’Connor, a former DOE staffer who worked on the department’s geothermal programs, is the director of the consortium. He told me that the organization has done financial and geotechnical modeling to entice funding for earlier stage geothermal development that traditional project finance investors have seen as too high-risk.
“We think that the public sector should be a part of the capital stack, and so what we’re trying to do is build investment programs that leverage the state’s ability to provide the early concessionary capital and match that with private sector capital,” O’Connor said. “The consortium has done a whole bunch of financial modeling around this, and we’re now working with energy offices to build that into actual programs where they can start funding.”
The consortium is also trying to make it easier for utilities to agree to purchase power from new geothermal developments, O’Connor said. This includes helping utilities model the performance of geothermal resources over time so that they can be included more easily in utilities’ integrated resource plans.
“Most Western utilities either have no data to incorporate geothermal into their IRPs, or the data they’re using is generalized and 15 years old,” O’Connor told me. This type of data is easy to find for, say, natural gas or solar, but has not existed until recently for geothermal.
“Offtakers want the same kind of assurance that infrastructure investors want,” O’Connor said. “Everyone wants a guaranteed asset, and it takes a little bit more time and effort.”
The third area the consortium is working on is permitting. Many geothermal projects are located on land managed by the Bureau of Land Management, and therefore have to go through a federal permitting process. There are also state-specific permitting issues, most notably around water, a perennially contentious and complicated issue in the West.
How water is regulated for drilling projects varies state by state, creating an obstacle course that can be difficult for individual firms to navigate as they expand across the thermally rich intermountain west. “You’re always working with this sort of cross-jurisdictional permitting landscape,” Fervo policy chief Ben Serrurier told me. “Anytime you’re going to introduce a new technology to that picture, it raises questions about how well it fits and what needs to be updated and changed.”
Fervo — which sited its flagship commercial geothermal plant in Cape Station, Utah — has plenty of experience with these issues, and has signed on as an advisor to the consortium. “How do we work with states across the West who are all very eager to have geothermal development but, aren’t really sure about how to go about supporting and embracing, encouraging this new resource?” Serrurier asked. “This is policymakers and regulators in the West, at the state level, working together towards a much broader industry transformation.”
The Center for Public Enterprise, a consortium member think tank that works on public sector capacity-building, released a paper in April sketching out the idea for the group and arguing that coordinated state policy could bring forward projects that have already demonstrated technological feasibility. The paper called for states to “create new tools to support catalytic public investment in and financing for next-generation geothermal.”
Like many geothermal policy efforts, the geothermal consortium is a bipartisan affair that builds on a record of western politicians collaborating across party lines to advance geothermal development.
“There is sort of this idea that the West is an area that we collectively are still building, and there is still this idea of collaboration against challenging elements and solving unique problems,” Serrurier said.
Cox, a Republican, told Heatmap in a statement: “Utah is working to double power production over the next decade and build the energy capacity our state will need for generations. Geothermal energy is a crucial part of that future, and Utah is proud to be a founding member of the Mountain West Geothermal Consortium.”
Polis, a Democrat, said, “Colorado is a national leader in renewable energy, and geothermal can provide always-on, clean, domestic energy to power our future. Colorado is proud to partner on a bipartisan basis with states across the region to found the Mountain West Geothermal Consortium.”
O’Connor concurred with Fervo’s Serrurier. “Western states are better at working together on ’purple issues’ than most states,” he told me.
In this moment, O’Connor said, the issue at hand is largely one of coordinating and harmonizing across states, utilities, and developers. “Several pieces of good timing have fallen upon the industry at this moment, which has led to a positive news cycle,” he told me. “Making sure that gets to scale now means we have to solve thorny or bigger dollar problems — and that’s why we’re here.
“We’re not an R&D organization,” he added, referring to the consortium. “We’re here to get over the hurdles of financing and of offtake and of regulatory reform.”
The founder of one-time sustainable apparel company Zady argues that policy is the only that can push the industry toward more responsible practices.
Everlane’s reported sale to Shein has left many shocked and saddened. How could the millennial “radical transparency” fashion brand be absorbed by the company that has become shorthand for ultra-fast fashion? While I feel for the team within the company that cares about impact reduction, I am not surprised by the news.
Everlane was built around a theory of change that was always too small for the problem it claimed to address — that better brands and more conscientious consumers could redirect a coal-powered, chemically intensive, globally fragmented industry.
The theory had real appeal, but it was wrong. Yes, it created some better products, but it was never going to remake the fashion industry on its own.
This is the tension at the center of sustainable fashion: Consumer demand can create a niche, even a meaningful one, but it cannot reconfigure the economics of global supply chains. What is needed are common sense laws that require all significant players to play by the same basic rules: reduce emissions, ban toxic chemicals, and maintain basic labor standards.
A company I used to run, Zady, was an early competitor to Everlane, and we were part of the same cultural and commercial moment. When we raised money, we told investors that while our Boomer parents may have thought that changing the world meant marching on the streets, we knew better. Change was going to happen through business.
The problem was that, while our market was growing, fast fashion was growing faster. There was a small but passionate group of consumers trying to buy better, but the overall system drove companies to produce more — more units, more emissions, more chemicals, and more waste.
The truth is that brands do not have direct control over the environmental impacts of their products. Most of the emissions and applications of chemicals are not happening at the brand level, but are instead in fiber production, textile mills, dyehouses, finishing facilities, and laundries, all of which the brands do not own. These factories operate on the thinnest of margins, and the open secret is that brands share these suppliers. No one brand wants to pay the cost for their shared factories to make the necessary upgrades to address their impacts. It’s a classic collective action problem.
Everlane’s capital story matters here, too. Unless a founder arrives with substantial personal wealth, outside investment is often the only path to scale. A company can remain small, independent, and slow-growing, but then it will likely be more expensive, more limited in reach, and less able to influence factories.
Everlane chose the other path. It took institutional growth capital from storied venture firms more closely associated with the digital revolution (including some that also fund clean energy technologies) and became a recognizable national brand. This obligated the company to operate inside a financial structure that leads inexorably toward some kind of exit, whether through a sale, an initial public offering, or some other liquidity event. Once that is the operating system, sustainability can remain a real and important goal, but it is not the final governing logic — investor return is.
“Radical transparency” was never enough to solve the fashion industry’s or venture capital model’s structural problems. Naming a factory is not the same as knowing what happens inside it. Publishing a supplier list does not tell us whether the facility runs on coal, whether wastewater is treated before being released back into the ecosystem, or whether restricted substances are present in dyes, finishes, trims, or coatings.
We already have many forms of transparency in American capitalism. Public companies, for example, are required to disclose executive compensation and the average pay of their workers; this transparency has done exactly nothing to close the pay gap. A disclosure is not the same thing as a legal standard.
So what does this mean for all of us? We don’t know exactly how Shein will absorb Everlane. I could guess that this is a Quince play for Shein, a way to access higher-end consumers that would otherwise never go on the Shein site.
What this tragicomedy reveals is that the idea born from Obama-era optimism, that the arc of history naturally bends toward justice and sustainability, was ephemeral.
The work to make this coal-powered industry sustainable will come from regulation. The technology to decarbonize is there, and unlike with aviation, for instance, it would cost the apparel industry a mere 2 cents per cotton t-shirt to get it done. But unlike with aviation, there are no requirements or incentives that these investments be made, so they are not.
The electric vehicle industry got a head start through direct subsidies and fuel efficiency standards. Apparel needs the same.
If you’re disappointed or angry about this turn of events, I ask you to channel those feelings into citizenship. Help pass the New York or California Fashion Acts that would require all large fashion companies that sell into the states to reduce their emissions and ban toxic chemicals. It’s currently legal to have lead on adult clothing, and Shein is consistently found to have it on their products. The industry is pushing back through their trade associations, so people power is needed so that legislators know it needs to be their priority.
But if you want to shop sustainably, you don’t need a brand. What is most helpful is understanding your own style and lifestyle — that’s how we know what we actually need and what we don’t. There are apps to help on that front. (I love Indyx, for instance, but there are others.)
The only way forward is together, and that means political solutions — emissions requirements, chemical requirements, labor requirements — not just consumer ones.