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New rules governing how companies report their scope 2 emissions have pit tech giant against tech giant and scholars against each other.

All summer, as the repeal of wind and solar tax credits and the surging power demands of data centers captured the spotlight, a more obscure but equally significant clean energy fight was unfolding in the background. Sustainability executives, academics, and carbon accounting experts have been sparring for months over how businesses should measure their electricity emissions.
The outcome could be just as consequential for shaping renewable energy markets and cleaning up the power grid as the aforementioned subsidies — perhaps even more so because those subsidies are going away. It will influence where and how — and potentially even whether — companies continue to voluntarily invest in clean energy. It has pitted tech heavyweights like Google and Microsoft against peers Meta and Amazon, all of which are racing each other to power their artificial intelligence operations without abandoning their sustainability commitments. And it could affect the pace of emissions reductions for decades to come.
In essence, the fight is over how to appraise the climate benefits of companies’ clean power purchases. The arena is the Greenhouse Gas Protocol, a nonprofit that creates voluntary emissions reporting standards. Companies use these standards to calculate emissions from their direct operations, from the electricity and gas that powers and heats their buildings, and from their supply chains. If you’ve ever seen a brand claim it “runs on 100% renewable energy,” that statement is likely backed by a Greenhouse Gas Protocol-sanctioned methodology.
For years, however, critics have poked holes in the group’s accounting rules and assumptions, charging it with enabling greenwashing. In response, the organization has decided to overhaul its standards, including for how companies should measure their electricity footprint, known as “scope 2” emissions.
The Greenhouse Gas Protocol first convened a technical working group to revise its Scope 2 Standard last September. By late June, the group had finalized a draft proposal with more rigorous criteria for clean energy claims, despite intense pushback on the underlying direction from companies and clean energy groups.
A flurry of op-eds, essays, and LinkedIn posts accused the working group of being on the “wrong track,” and called the proposal a “disaster” with “unintended consequences.” The Clean Energy Buyers Association, a trade group, penned a letter saying it was “inefficient and infeasible for most buyers and may curtail ambitious global climate action.” Similarly, the American Council on Renewable Energy warned that the plan “could unintentionally chill investment and growth in the clean energy sector.”
Next the draft will face a 60-day public consultation period that begins in early October. “There’ll be pushback from every direction,” Matthew Brander, a professor of carbon accounting at the University of Edinburgh and a member of the Scope 2 Working Group, told me. Ultimately, it will be up to the Working Group, the Protocol’s Independent Standards Board, and its Steering Committee, to decide whether the proposal will be adopted or significantly revised.
The challenge of creating a defensible standard begins with the fundamental physics of electricity. On the power grid, electrons from coal- and natural gas-fired power plants intermingle with those from wind and solar farms. There’s no way for companies hooking up to the grid to choose which electrons get delivered to their doors or opt out of certain resources. So if they want to reduce their carbon footprints, they can either decrease their energy consumption — by making their operations more efficient, say, or installing on-site solar panels — or they can turn to financial instruments such as renewable energy certificates, or RECs.
In general, a REC certifies that one megawatt-hour of clean power was generated, at some point, somewhere. The current Scope 2 Standard treats all RECs as interchangeable, but in reality, some RECs are far more effective than others at reducing emissions. The question now is how to improve the standard to account for these differences.
“There is no absolute truth,” Wilson Ricks, an engineering postdoctoral researcher at Princeton University and working group member, told me back in June. “I mean, there are more or less absolute truths about things like how much emissions are going into the atmosphere. But the system for how companies report a certain number, and what they’re able to claim about that number, is ultimately up to us.”
The current standard, finalized in 2015, instructs companies to report two numbers for their scope 2 emissions, based on two different methodologies. The formula for the first is straightforward: multiply the amount of electricity your facilities consume in a given year by the average emissions produced by the local power grids where you operate. This “location-based” number is a decent approximation of the carbon emitted as a result of the company’s actual energy use.
If the company buys RECs or similar market-based instruments, it can also calculate its “market-based” emissions. Under the 2015 standard, if a company consumed 100 megawatt-hours in a year and bought 100 megawatt-hours’ worth of certificates from a solar farm, it could report that its scope 2 emissions, under the market-based method, were zero. This is what enables companies to claim they “run on 100% renewable energy.”
RECs are fundamentally different from carbon offsets, in that they do not certify that any specific amount of emissions has been prevented. They can cut carbon indirectly by creating an additional revenue stream for renewable energy projects. But when a company buys RECs from a solar project in California, where the grid is saturated with solar, it will do less to reduce emissions than if it bought RECs from a solar project in Wyoming, where the grid is still largely powered by coal, or from a battery storage project in California, which can produce clean power at night.
There are other ways RECs can vary — for instance, companies can buy them directly from power producers by means of a long-term contract, or as one-off purchases on the spot market. Spot market REC purchases are generally less effective at displacing fossil fuels because they’re more likely to come from pre-existing wind and solar farms — sometimes ones that have been operating for years and would continue with or without REC sales. Long-term contracts, by contrast, can help get new clean energy projects financed because the guaranteed revenue helps developers secure financing. (There are exceptions to these rules, but these are broadly the dynamics.)
All this is to say that the current standard allows for two companies that consumed the same amount of power and bought the same number of RECs to report that they have “zero emissions,” even if one helped reduce emissions by a lot and the other did little to nothing. Almost everyone agrees the situation can be improved. The question is how.
The proposal set for public comment next month introduces more granularity to the rules around RECs. Instead of tallying up annual aggregate energy use, companies would have to tally it up by hour and location. To lower companies' scope 2 footprints further, purchased RECs will have to be generated within the same grid region as the company’s operations, and match a distinct hour of consumption. (This “hourly matching” approach may sound familiar to anyone who followed the fight over the green hydrogen tax credit rules.)
Proponents see this as a way to make companies’ claims more credible — businesses would no longer be able to say they were using solar power at night, or wind power generated in Texas to supply a factory in Maine. While companies would still not be literally consuming the power from the RECs they buy, it would at least be theoretically possible that they could be. “It’s really, in my view, taking how we do electricity accounting back to some fundamentals of how the power system itself works,” Killian Daly, executive director of the nonprofit EnergyTag, which advocates for hourly matching, told me.
The granularity camp also argues that these rules create better incentives. Today, companies mostly buy solar RECs because they’re cheap and abundant. But solar alone can’t get us to zero emissions electricity, Ricks told me. Hourly matching will force companies to consider signing contracts with energy storage and geothermal projects, for example, or reducing their energy use during times when there’s less clean energy available. “It incentivizes the actions and investments in the technologies and business practices that will be needed to actually finish the job of decarbonizing grids,” he said.
While the standard is technically voluntary, companies that object to the revision will likely be stuck with it, as governments in California and Europe have started to integrate the Greenhouse Gas Protocol’s methodologies into their mandatory corporate disclosure rules.
The proposal’s critics, however, contend that time and location matching will be so costly and difficult to implement that it may lead companies to simply stop buying clean energy. One analysis by the electricity data science nonprofit WattTime found that the draft revision could increase emissions compared to the status quo if it causes a decline in corporate clean power procurement. “We’re looking at a potentially really catastrophic failure of the renewable energy market,” Gavin McCormick, the co-founder and executive director of WattTime, told me.
Another concern is that companies with operations in multiple regions could shift from signing long-term contracts for RECs, often called power purchase agreements, to relying on the spot market. These contracts must be large to be beneficial for developers because negotiating multiple offtake agreements for a single renewable energy project increases costs and risk. Such deals may still make sense for big energy users like data centers, but a company like Starbucks, with cafes throughout the country, will have to start sourcing fewer RECs in more places to cover all the parts of the world where they operate.
The granularity fans assert that their proposal will not be as challenging or expensive as critics claim — and regardless, they argue, real decarbonization is difficult. It should be hard for companies to make bold claims like saying they are 100% clean, Daly told me. “We need to get to a place where companies can be celebrated for being like, I’m not 100% matched, but I will be in five years,” he said.
The proposal does include carve-outs allowing smaller companies to continue to use annual matching and for legacy clean energy contracts, even if they don’t meet hourly or location requirements. But critics like McCormick argue that the whole point of revising the standard is to help catalyze greater emission reductions. Less participation in the market would hurt that goal — but more than that, these accounting rules aren’t designed to measure emissions, let alone maximize real-world emission reductions. You could still have one company that spends the time and money to invest in scarce resources at odd hours and achieves 60% clean power, while another achieves the same proportion by continuing to buy abundant solar RECs. Both would still get to claim the same sustainability laurels.
The biggest corporate defender of time and location matching is Google. On the other side are tech giants Meta and Amazon, among others, arguing for an approach more explicitly focused on emissions. They want the Greenhouse Gas Protocol to endorse a different accounting scheme that measures the fossil fuel emissions displaced by a given clean energy purchase and allows companies to subtract that amount from their total scope 2 footprint — much more akin to the way carbon offsets work.
If done right, this method would recognize the difference between a solar REC in California and one in Wyoming. It would give companies more flexibility, potentially deploying capital to less developed parts of the world that need help to decarbonize. It could also, eventually, encourage investment in less mature and therefore more expensive resources, like energy storage and geothermal — although perhaps not until there’s solar panels on every corner of the globe.
This idea, too, is risky. Calculating the real-world emissions impact of a REC, which the scope 2 working group calls “consequential accounting” is an exercise in counterfactuals. It requires making assumptions about what the world would have looked like if the REC hadn’t been purchased, both in the near term and long term. Would the clean energy have been generated anyway?
McCormick, who is a proponent of this emissions-focused approach, argues that it’s possible to measure the counterfactual in the electricity market with greater certainty than with something like forestry carbon offsets. With electricity, he told me, “there's five minute-level data for almost every power plant in the world, as opposed to forests. If you're lucky, you measure some forests, once a year. It's like a factor of 10,000 times more data, so all the models are more accurate.”
Some granularity proponents, including Ricks, agree that consequential accounting is valuable and could have a place in corporate reporting, but worry that it’s ripe for abuse. “At the end of the day, you can't ever verify whether the system you're using to assign a given company a given number is right, because you can't observe that counterfactual world,” he said. “We need to be very cautious about how it’s designed, and also how companies actually report what they’re doing and what level of confidence is communicated.”
Both proposals are flawed, and both have potential to allow at least some companies to claim progress on paper while having little real-world impact. In some ways, the disagreement is more philosophical than scientific. What should this standard be trying to achieve? Should it be steering corporate dollars into clean energy, accuracy of claims be damned? Or should it be protecting companies from accusations of greenwashing? What impacts do we care about more, faster emissions reductions or strategic decarbonization?
“They’re actually not opposing views,” McCormick told me. “There’s these people making this point and there’s these people making this point. They’re running into each other, but they’re actually not saying opposite things.”
To Michael Gillenwater, executive director of the Greenhouse Gas Management Institute, a carbon accounting research and training nonprofit, people are attempting to hide policy questions within the logic and principles of accounting. “We’re asking the emissions inventories to do too much — to do more than they can — and therefore we end up with a mess,” he told me. Corporate disclosures serve many different purposes — helping investors assess risk, informing a company’s internal target setting and performance tracking, creating transparency for consumers. “A corporate inventory might be one little piece of that puzzle,” he said.
Gillenwater is among those that think the working group’s time- and location-matching proposal would stifle corporate investment in clean energy when the goal should be to foster it. But his preferred solution is to forget trying to come up with a single metric and to encourage companies to make multiple disclosures. Companies could publish their location-based greenhouse gas inventory and then use market-based accounting to make a separate “mitigation intervention statement.” To sum it up, Gillenwater said, “keep the emissions inventory clean.”
The risk there is that the public — or indeed anyone not deeply versed in these nuances — will not understand the difference. That’s why Brander, the Edinburgh professor, argues that regardless of how it all shakes out, the Greenhouse Gas Protocol itself needs to provide more explicit guidance on what these numbers mean and how companies are allowed to talk about them.
“At the moment, the current proposals don’t include any text on how to interpret the numbers,” he said. “It’s almost incredible, really, for an accounting standard to say, here’s a number, but we’re not going to tell you how to interpret it. It’s really problematic.”
All this pushback may prompt changes. After the upcoming comment period closes in late November or early December, the working group could decide to revise the proposal and send it out for public consultation again. The entire revision process isn’t estimated to be completed until the end of 2027 at the earliest.
With wind and solar tax credits scheduled to sunset around then, voluntary action by companies will take on even greater importance in shaping the clean energy transition. While in theory, the Greenhouse Gas Protocol solely develops accounting rules and does not force companies to take any particular action, it’s undeniable that its decisions will set the stage for the next chapter of decarbonization. That chapter could either be about solving for round-the-clock clean power, or just trying to keep corporate clean energy investment flowing and growing, hopefully with higher integrity.
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Current conditions: Another atmospheric river is deluging the West Coast, this time in the Pacific Northwest • Dozens of U.S. cities notched record high temperatures in October • At least 11 of Thailand’s southern provinces are under emergency warnings for flooding and nearly 7-foot waves amid a surge of monsoon conditions.
The 31st annual global climate summit kicked off this morning in Antalya, a Turkish resort city on the country’s southern Mediterranean coast. Known as the 31st Conference of the Parties to the United Nations Framework Convention on Climate Change, or COP31, the event marks the second year in a row that virtually every nation on Earth will gather except the United States, after President Donald Trump withdrew the country from both the landmark 2015 Paris Agreement and from the larger global body shortly after his return to office last year. The biggest item on this year’s agenda, reports my colleague Emily Pontecorvo, is the “35x35” pledge, Turkey’s proposal to electrify 35% of the world’s final energy use by 2035. Today the world uses electricity for just 21% of end-use energy. As I reported last week, the latest projections from the Rhodium Group put the likely electrification rate worldwide at 28% by 2035.
Senate negotiators on Saturday released an update to the text of the bipartisan permitting reform deal, known as the “manager’s amendment.” The new version of the Bipartisan American Affordability and Jobs Act, or BAAJA, overhauls the provisions to make building transmission lines easier, addressing concerns that a proposal to allow federal and state permitting to begin at the same time threatens states’ power. It also adds benefits for power lines renovated with advanced transmission technologies to allow them to carry more electricity. “There’s something in these changes for everyone — environmentalists, tribes, utilities,” my colleagues Robinson Meyer and Jael Holzman wrote over the weekend, “but it remains to be seen if they put the bill into a Goldilocks zone.” Perhaps most importantly from a political perspective, the revised legislation veers away from some proposals Native American groups had called an infringement on tribal sovereignty. “Definitely not enough to satisfy all tribes — there are 575 across the U.S. — but nonetheless, notable and probably approaching something large tribes and tribes with significant interest in energy development can live with,” Julian Brave NoiseCat, a writer and the first Oscar-nominated Indigenous North American filmmaker, wrote in a post on X. Still, in a sign “that there’s real effort here to try to honor tribal consultation,” he noted that the manager’s amendment excludes the records tribes share with federal and state governments from Freedom of Information Act, which would “keep sensitive sacred sites from exposure.”
The chamber is scheduled to hold a procedural vote on the bill later today. Last night, Trump himself finally endorsed BAAJA, urging “all senators” to vote for the bill on Monday, calling it a “big win for U.S. energy independence and dominance” in a post on Truth Social.
Anthropic has struck a deal for 1.7 gigawatts of gas-fired engines to power its data centers. Valued at $3.4 billion, the Claude maker has agreed to help with engineering and construction to install the generators as part of the deal with San Antonio, Texas-based equipment supplier OnePWR Solutions, the Financial Times reported over the weekend. Anthropic stopped short of acquiring OnePWR itself, instead taking over the generator orderbook previously pledged to construction giant Caterpillar.
The deal got plenty of notice in the financial newswires, and yet the news was largely overshadowed in the artificial intelligence world by the blockbuster revelation that Jensen Huang, the chief executive of AI chipmaker Nvidia, had an extramarital relationship with a Chinese spy, prompting an investigation by his company’s board of directors.
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Jean-Luc Mélenchon, France’s far-left presidential hopeful and the No. 2 candidate behind the far-right Marine Le Pen, has pledged to shut down the 18 nuclear power plants that provide the overwhelming majority of the country’s power and render its grid one of the cleanest in Europe. “We advocate a mixed economy guided by the ecological imperative,” Mélenchon said in a speech Saturday, in which he also promised to send French warships to Gaza to confront the Israeli military head on. The current nuclear power program, he said, “is dangerous, costly, and risky. We will abandon it.” Instead, he said, France would generate all its power from renewables, buttressing wind and solar with as-yet-unproven wave and tidal power technology. “If you criticize nuclear power in the same breath as you promote marine power, your policy isn’t a clown but rather the entire circus,” Seaver Wang, an oceanographer turned energy expert at the Breakthrough Institute in the U.S., wrote in a post on X.
Meanwhile, a political crisis in remote Paraguay has cast one of Latin America’s more promising would-be nuclear newcomers into uncertainty. Just last week, a source familiar with U.S. government plans to export nuclear technology told me Paraguay was near the top of the list of countries looking to set up a civilian nuclear program under Washington’s guidance. The two nations signed a memorandum of understanding in August, and U.S. Deputy Secretary of State Christopher Landau visited the country just last month as part of a trade delegation. Whether the landlocked South American nation bought reactors or not, Asunción had plans to ramp up mining of uranium and titanium, Mining.com reported. But President Santiago Peña’s abrupt resignation Thursday amid the collapse of Ueno Bank appears to bring any further progress to a halt, at least for now.
China’s registrations of new wind and solar projects fell over 11% in September compared to the previous month as the number of distributed renewable projects dipped. The country registered 3,536 solar projects and 15 wind projects that month, versus 3,972 solar and 29 wind projects in August, according to a Renewables Now analysis of official government data. That isn’t to say solar is slowing down. Newly registered utility-scale solar projects more than doubled to 53 in September from 23 in August.
Democrats’ strategy of finding candidates with strong local appeal continues paying off, even on the most down-ballot of races. Over the weekend, the Associated Press declared Democrat Brian Matlock the winner of the Arizona Mine Inspector race. With a white handlebar mustache, he certainly looks the part of the Southwestern mine inspector if ever there were one.
A new version of the bill strives to address environmental and tribal concerns while strengthening some of its transmission provisions.
We now have the updated final text of the bipartisan Senate permitting deal. Will it be enough to get the bill across the finish line?
On Saturday morning, senators released a reworked version of the Bipartisan Affordability and American Jobs Act. This version, known as a “manager’s amendment” under parliamentary procedure, aims to address many of the concerns and criticisms raised about the bill and will become the official legislative text that ultimately gets a vote in the Senate. There’s something in these changes for everyone – environmentalists, tribes, utilities – but it remains to be seen if they put the bill into a Goldilocks zone.
Let’s walk through some of the most significant changes. There are a lot of changes, and we’re sure people will spend the coming weeks poring over them, but here are a few key ones.
The amendment preserves — and even strengthens — many of the bill’s most important (and praised) transmission provisions, while addressing and easing some of the loudest Republican criticisms of the bill.
The new text leaves the bill’s core transmission mechanisms intact: Every grid region will have to run a long-term planning process with its neighbors, overseen by the Federal Energy Regulatory Commission, focused on how it can build more interregional lines. The bill lays out how these new power lines should be paid for, via a cost allocation formula that says customers who benefit from the lines need to pay for them. And it creates a new federal siting backstop, which allows the federal government to step in and approve the route for a line if a state has refused to do so.
The amendment deals with one of the provisions that faced the most criticism from former Republican regulators and ends one — but not all — of the bill’s mandates for vertically integrated monopoly utilities, which are largely in the Southeast.
In return, it strengthens the bill’s federal backstop siting provision for transmission lines, and it makes the overall bill more useful for transmission developers. It also clarifies that transmission developers can use some of the bill’s expedited powers without needing to use all of them.
“I think there’s some really good improvements in [the new text], and they provide more flexibility for more types of projects to go through,” said Rob Gramlich, a longtime advocate of federal transmission reform and the president of Grid Strategies, a power sector consulting firm.
In the original bill, a transmission developer could apply for state permits and the FERC federal backstop permit at the same time. A former Republican FERC Commissioner Mark Christie had savaged that provision, arguing recently in Utility Dive that it “effectively renders the state proceeding meaningless, and states will perceive it exactly that way.”
Now, for some advocates, rendering the state process moot was the whole point. But it also wasn’t clear whether developers would ever actually go to FERC and states simultaneously. Doing so would shove a finger in the eye of state regulators, essentially telling them, “We can do this the easy way or the hard way.” The amendment removes the possibility of a simultaneous process; now developers must go to states for a year before they apply for the federal backstop.
The new version of the bill also exempts vertically integrated utilities that aren’t in an electricity market from an otherwise mandatory new process that will require utilities to plan their long-term transmission and their power plant expansion at the same time. That new process is inspired by the planning process used in the Southwest Power Pool, a Midwestern electricity market Midwestern grid.
The Southeast’s monopoly utilities, which are vertically integrated and don’t participate in a regional transmission organization, had disliked that provision, and it wasn’t clear the bill as written actually worked for their operations. That requirement has now been removed from the bill. Utilities won another victory by preserving existing rights of first refusal to build transmission infrastructure in federal law.
But they didn’t win every fight. These utilities will still be subject to the mandate requiring them to participate in an interregional planning process for transmission.
And the utilities will remain subject to a provision, particularly praised by anti-monopoly advocates, that allows states and FERC to exercise oversight over local transmission projects that can drive up electricity costs. The new bill clarifies that state public utility regulators are responsible for asking FERC to investigate these types of projects, and that a utility can invite scrutiny even if it’s replacing an old line, not just building a new one.
“I am relieved that the section survived generally, given what a target this was for utility lobbying. It was strengthened significantly by covering replacement of local facilities in addition to new-build,” David Pomerantz, the executive director of the utility watchdog the Energy and Policy Institute, said in a statement.
In return, Democrats secured a few big changes in the bill that could benefit transmission developers. First, transmission projects will now be able to use the bill’s cost allocation formula even if they don’t use the federal backstop authority. Second, transmission developers will be able to use the bill’s cost allocation formula for only part of their projects.
This makes the bill better in a few ways for transmission developers. First, a developer could get a route entirely approved by the states without having to come up with a new way to pay for it — they can use the formula that’s already in the bill. It also means a power line could use the formula to monetize one of its benefits to the grid without using them all. That could sweeten the economics for projects meant to, say, arbitrage power between two regions, allowing it to make money off its reliability benefits without altering its broader economics.
The amendment also clarifies that the new federal backstop siting authority applies to state-owned land. That closes a potential loophole in which a state government could acquire land from a property owner in order to block a federally approved project from getting built.
The bill also makes some technical changes to the 230-kilovolt floor for projects that can use the federal backstop. It establishes that a line using advanced conductoring technology — which generally allows more electricity at lower voltage — can use the backstop even if it’s not at least 230 kilovolts. But it must have a throughput roughly similar to what a conventional line of 230 kilovolts would have.
The amendment also makes it clear that a utility can’t decline to upgrade a piece of infrastructure — even one at lower voltage — in order to block a transmission line. In 2021, the utility NextEra had fought a major power line in Maine because it required the utility to upgrade a single power circuit at its Seabrook nuclear plant in New Hampshire.
These provisions broadly strengthen the most popular parts of the bill and may address some concerns from southeastern utilities, which could have torpedoed the bill in the House of Representatives.
At the same time, new text attempts to assuage opposition in both the environmental and tribal advocacy spaces, and it’s undeniable that on first blush, the manager’s amendment does address complaints from those camps about the bill. But as we’ll explain however, it’s unclear if this will be good enough for either community to lay down their arms.
First, Senate negotiators clearly took complaints about the “project certainty” provision seriously, including by dealing with language that would allegedly protect unlawful actions. Under the new bill text, agencies will be explicitly allowed to revoke or alter permits “in response to an order by a court”. The prior text of the bill did not grant federal agencies this explicit jurisdiction and said it could only rely on court orders to make those permit changes if a judge required it. As our colleague Emily Pontecorvo recently wrote, some environmental lawyers were concerned that this original text would inadvertently protect individual permits granted under policies that violated the law.
Other changes are similarly geared towards addressing complaints in the environmental legal space. The original text of the bill allowed companies to sue the federal government for “disparate treatment” against their industry, which would theoretically assist renewable energy companies gain legal leverage against the Trump administration’s permitting freeze. However, the old text used a 5-year baseline of past projects for determining “disparate treatment,” which could mean the president’s anti-wind and pro-fossil actions weren’t built into the baseline. The new bill extends that baseline to 10 years, potentially diluting the influence of Trumpian permitting practices over the next administration.
New language would explicitly stipulate that court settlements brought under these lawsuits must be approved by a court, an apparent nod to claims from critics that this provision could encourage more offshore wind buyouts.
The new text also cuts out or modifies reforms to the National Historic Preservation Act geared towards addressing complaints from Native American tribes. It strikes a controversial attempt to define “property of traditional religious or cultural importance” that was in the original text, and it eliminates a much-maligned provision that would let the Interior Secretary assume the role of a tribal historic preservation officer in certain cases.
These changes were insufficient to thaw the bloc of tribes opposed to the bill. The 106 Coalition, a group of tribal organizations including the National College of American Indians, sent a statement to media saying they’ll still oppose the bill and want the entire section of NHPA changes removed. The leader of the Coalition of Large Tribes, which has pushed for technical fixes to the bill but not opposed it outright, said in a statement it was “grateful to see many positive changes for tribes” but added there was “still room for improvement.”
Lastly, the new version of the bill adds another provision to address concerns that it doesn’t do enough to address the national backlash to data centers, which opponents have argued is necessary.
As we’ve explained, the bill already would create the toughest measure against data centers ever enacted – a ratepayer protection program that would let states and utilities require data centers to pay full freight for system upgrades. And now the bill would additionally create a new federal Data Center Community Assistance Program within the Energy Department whereby local communities could request assistance from agencies to get information and technical expertise on how data centers work and what impacts specific projects could have on their areas. The language mirrors legislation introduced last month by Sens. John Curtis of Utah and Lisa Blunt Rochester of Delaware.
Such a program could be a big deal. But it’s important to emphasize that the text leaves a lot of details to be worked out. It does not say how this program would be set up within the Energy Department and the provision does not explicitly lay out funding authorization language.
The amendment also closes a loophole that might have allowed data centers with behind-the-meter natural gas power plants to profit by selling excess power to the grid. The original bill contained a provision meant to force grids to allow more residential batteries or the creation of virtual power plants. But that provision, as written, could have applied to behind-the-meter gas plants at data centers. The new text clarifies that the requirement only applies to resources below 5 megawatts, which is smaller than a data center power source.
It remains to be seen whether these changes and the myriad other tweaks to the bill’s project certainty and historic preservation titles will win over lawmakers previously hesitant to vote yes.
The Wilderness Society, whose president is Tracy Stone-Manning, Biden’s former director of the Bureau of Land Management, released a statement shortly after the new bill text was released reaffirming its opposition. “Americans deserve permitting reform that isn’t crafted behind closed doors and rushed to the Senate floor,” Manning said in a statement. Meanwhile, House Natural Resources Jared Huffman provided comments to Punchbowl News reacting to the text that said some of the changes to the permit certainty provision represented an “improvement” but “we could improve it further in this and other areas with a hearing and a more open negotiation process with more Democrats in the room.”
It’s unclear these voices would ultimately ever support this bill. “Manager’s [amendment] does a good job of accounting for the stated concerns of anybody looking to get to yes,” Liam Donovan, a veteran GOP political strategist, wrote on the social network X.
The Senate is scheduled to vote Monday on a motion invoking cloture – ending debate – on the permitting bill, per the Senate cloakroom. The motion will require at least 60 votes to pass. Senators are probably hoping for far more than 61 votes though, because as we’ve explained, House legislative rules may require overwhelming bipartisan support to get the measure to the president’s desk.
The “35x35” electrification pledge and an AI pledge are on the table.
World leaders are flocking to the Mediterranean resort town of Antalya, Turkey, this weekend for the 31st United Nations Climate Change Conference, also known as COP31. The U.S., of course, will once again not attend, as President Trump not only withdrew the country from the Paris Agreement but also from the United Nations Framework Convention on Climate Change, the umbrella group that organizes the annual conferences. Still, 194 other governments will be there, putting their heads together on how to move another few inches toward a safer future.
This year, as with the last several convenings, the meeting arrives against a backdrop of geopolitical instability, worsening climate impacts, and growing concern about energy security and affordability. While conflicts like the Iran war in some ways bolster the case for the energy transition by surfacing the risks of fossil fuel dependence, prioritizing energy security can manifest as countries turning inward and showing less willingness to work for the global good.
Perhaps the biggest item on this year’s agenda is the “35x35” pledge, Turkey’s proposal to electrify 35% of the world’s final energy use by 2035, up from about 23% today. That would mean switching from gas-powered cars to electric vehicles and from burning fuels for heat to electric heat pumps. It would not necessarily mean generating all of the electricity to power those devices from clean sources, although countries have committed to triple renewable energy capacity during previous COPs. Turkey itself does not have a plan to phase out fossil fuels, and its use of coal and natural gas-fired power plants has been growing alongside renewables.
It’s not yet clear whether Turkey will encourage countries to sign onto the pledge outside of the main negotiations or try to get it into the final decision text of the conference. In a twist, the conference has two countries sharing the presidency this year, with Turkey playing host and overseeing the “action agenda” — the announcements, commitments, and dealmaking that happen outside the official negotiations — and its co-chair, Australia, mediating the formal talks.
In addition to the electrification goal, Turkey is also inviting countries to sign an artificial intelligence pledge declaring a “shared ambition to make AI part of the climate solution — sustainably powered, efficiently designed, transparently measured and available to all.” The pledge has no teeth, however, as it explicitly states that it creates “no new obligations” and notes that it should be implemented according to national priorities and circumstances.
Although there will be no big agreement like there was in Paris in 2015, the two weeks of talks will end, per usual, with a consensus document that summarizes the outcomes of the negotiations. The final text from last year’s conference in Belém, Brazil, set a new goal to triple finance for climate adaptation by 2035. Countries also agreed to create a “Just Transition Mechanism,” a program to help fossil fuel-based economies navigate the socioeconomic consequences of shifting to clean energy. But the final text at COP30 did not ultimately mention the creation of a roadmap to transition away from fossil fuels, despite more than 80 countries supporting the idea, and didn’t, in fact, mention “fossil fuels” at all.
Much of the work this year will be about building on those outcomes. The climate adaptation finance goal, for example, is still fuzzy, as the parties did not agree on a baseline year from which to triple the funding, or define what types of finance count toward the goal, meaning it’s unclear what the actual target amount for 2035 is. The Just Transition Mechanism is similarly skeletal — negotiators will need to hammer out how to operationalize it into something useful. Countries are also supposed to make progress on the Global Goal on Adaptation, an as-yet ill-defined goal first established in the Paris Agreement that negotiators are still working out how to implement.
Then there’s the overarching theme of finance. As I’ve written in the past, every annual climate conference is ultimately a fight over money — specifically how much developed countries are sending to developing countries to help them fight climate change and respond to its effects.
To date, countries have agreed to mobilize $1.3 trillion annually in climate finance from all sources for developing countries by 2035, with $300 specifically coming from developed countries. Climate finance reached record levels in 2024, the most recent year with comprehensive data, with total global flows hitting $2 trillion and funding from developed to developing countries reaching $136.7 billion.
But progress is uneven. Only 2% of global investment in renewable energy over the past two decades went to Africa, said Brian Mukhaya, a senior manager on the Clean Air Task Force’s Africa team, during a recent media briefing. Finance challenges may also collide with the conference’s electrification goal. More than 550 million people in sub-Saharan Africa lack access to electricity, Mukhaya said, and the continent will need seven to eight times current investment levels to achieve universal electricity access by 2030. Also, while the rising cost of capital is becoming an impediment to building clean energy projects everywhere in the world, the problem is acute in Africa, where the average cost of capital for power-sector investments is three to five times higher than in Europe and North America.
At COP31, negotiators will try to make progress on questions such as what form climate finance should take (grants, concessional loans, private finance, etc), how it can be more effectively distributed, and what it should be used for.
Another question hanging over this year’s conference is whether the final text will acknowledge the likelihood of surpassing 1.5 degrees Celsius of warming above pre-industrial levels, the more ambitious target laid out in the Paris Agreement. Last year’s decision text contained a tacit admission, with countries resolving to limit “the magnitude and duration of any temperature overshoot.” Doing so requires a more serious discussion of carbon removal strategies than delegates have engaged in to date.
With the world seemingly careening past the 1.5 degrees target, the annual climate talks have lost some of their luster. Critics increasingly call for a new approach. Ani Dasgupta, the president and CEO of the World Resources Institute, for example, wants the COPs to center more on accountability and holding countries to their commitments. He also recommends developing a new decision-making process that does not allow a handful of countries to block decisions. Since the substance of the negotiations is becoming more and more about how to finance the transition, he argues the conference should also broaden its tent to bring in finance ministers and central banks.
“Where we are today is different from 1992 when COPs were set up,” he said during a recent press call. “The world is different. The broader needs are different. We are at a different place in the transition. And we actually haven't reformed the system.”