Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Climate

NEPA Takes a Hit From the Supreme Court

On the environmental reviews, Microsoft’s emissions, and solar on farmland

NEPA Takes a Hit From the Supreme Court
Heatmap Illustration/Getty Images

Current conditions: Enormous wildfires in Manitoba, Canada, will send smoke into the Midwestern U.S. and Great Plains this weekend • Northwest England is officially experiencing a drought after receiving its third lowest rainfall since 1871 • Thunderstorms are brewing in Washington, D.C., where the Federal Court of Appeals paused an earlier ruling throwing out much of Trump’s tariff agenda.

THE TOP FIVE

1. NEPA takes a hit

The Supreme Court ruled Thursday that courts should show more deference to agencies when hearing lawsuits over environmental reviews.

The case concerned a proposed 88-mile train line in Utah that would connect its Uinta Basin (and its oil resources) with the national rail network. Environmental groups and local governments claimed that the environmental impact statement submitted by the federal Surface Transportation Board did not pay enough attention to the effects of increased oil drilling and refining that the rail line could induce. The D.C. Circuit agreed, vacating the EIS; the Supreme Court did not, overturning the D.C. Circuit in an 8-0 decision.

The National Environmental Policy Act, or NEPA, requires the federal government to study the environmental impact of its actions. The D.C. Circuit “failed to afford the Board the substantial judicial deference required in NEPA cases and incorrectly interpreted NEPA to require the Board to consider the environmental effects of upstream and downstream projects that are separate in time or place,” Justice Brett Kavanaugh wrote for the court.

The court’s decision could sharply limit the ability of the judicial branch to question environmental reviews by agencies under NEPA, and could pave the way for more certain and faster approvals for infrastructure projects.

At least, that’s what Kavanaugh hopes. The current NEPA process, he writes, foists “delay upon delay” on developers and agencies, so “fewer projects make it to the finish line. Indeed, fewer projects make it to the starting line.”

Map of the approved railway route.Map of the approved railway route.Source: Uinta Basin Railway Final Environmental Impact Statement

2. Trump targets solar on farmland

The Department of Agriculture is planning to retool a popular financing program, Rural Energy for America, to discourage solar development on agricultural land, Heatmap’s Jael Holzman exclusively reported.

“Farmland should be for agricultural production, not solar production,” a USDA spokesperson told Heatmap. The comments echoed a USDA report released last week criticizing the use of solar on agricultural land. The report said that the USDA will “disincentivize the use of federal funding at USDA for solar panels to be installed on productive farmland through prioritization points and regulatory action.” The USDA will also “call on state and local governments to work alongside USDA on local solutions.”

3. Oil companies sued over heat death

The daughter of a woman who died during the Pacific Northwest “Heat Dome” in 2021 sued seven oil and companies for wrongful death in Washington state court, The New York Times reported Thursday.

“The suit alleges that they failed to warn the public of the dangers of the planet-warming emissions produced by their products and that they funded decades-long campaigns to obscure the scientific consensus on global warming,” according to Times reporter David Gelles.

Several cities and states have brought suits making similar claims that oil and gas companies misled the public about the threat of climate change. Earlier this week, a German court threw out a suit from a Peruvian farmer against a German utility, which claimed that the utility’s commissions helped put his town at risk from glacial flooding.

The seven companies named in the lawsuit are Exxon Mobil, Chevron, Shell, BP, ConocoPhillips, Phillips 66, and Olympic Pipeline Company, a subsidiary managed by BP. None of them commented on the suit.

4. Microsoft emits more

Tech giant Microsoft disclosed in its annual sustainability report that its carbon emissions have grown by 23.4% since 2020, even as the company has a goal to become “carbon negative” by 2030. The upside to the figures is that the growth in emissions was due to a much larger increase in energy use and business activity, not from using dirtier energy. In that same time period, Microsoft’s revenue has grown 71%, and its energy use has grown 168%.

“It has become clear that our journey towards being carbon negative is a marathon,” the report read. The company said it had contracted 34 gigawatts of non-emitting power generation and had agreements to procure 30 million metric tons of carbon removal.

The company has set out to reduce its indirect Scope 3 emissions “by more than half” by 2030 from the 11.5 million metric tons it reported in 2020, as its Scope 1 and Scope 2 emissions fall to close to zero. It will become “carbon negative,” it hopes, by purchasing carbon removal.

Microsoft attempts to reduce emissions in its supply chain by procuring low- or no-carbon fuels and construction materials. Last week the tech giant signed a purchasing agreement with Sublime Systems for 600,000 tons of low-carbon cement.

5. Second SMR design approved

The Nuclear Regulatory Commission announced it had approved a 77-megawatt small modular reactor design. This is the second SMR design approved by the NRC, following approval of a smaller design in 2020. Both are products of the SMR company NuScale, and neither has yet been deployed. A project to build the earlier design in Idaho was abandoned in 2023.

The NRC review was set to be completed in July of this year. Coming in ahead of scheduled demonstrates “the agency’s commitment to safely and efficiently enable new, advanced reactor technology,” the Commission said in a press release.

Congress and the Biden and Trump administrations have pushed the NRC to move faster and to encourage the development of small modular reactors. No SMR has been built in the United States, nor is there any current plan to do so that has been publicly disclosed. NuScale’s chief executive told Bloomberg that he hopes to have a deal signed by the end of the year and an operational plant by the end of the decade.

THE KICKER

Tesla veteran Drew Baglino’s Heron Power raised a $38 million round of Series A funding for a new product designed to replace “legacy transformers and power converters by directly connecting rapidly growing megawatt-scale solar, batteries, and AI data centers to medium voltage transmission,” Baglino wrote on X.

Yellow

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Energy

Span Is Building a New Kind of Electric Utility

The maker of smart panels is tapping into unused grid capacity to help power the AI boom.

A SPAN device.
Heatmap Illustration/Getty Images, SPAN

The race for artificial intelligence is a race for electricity. Data centers are scrambling to find enough power to run their servers, and when they do, they often face long waits while utilities upgrade the grid to accommodate the added demand.

In the eyes of Arch Rao, the CEO and founder of the smart electrical panel company Span, however, there is a glut of electricity waiting to be exploited. That’s because the electric grid is already oversized, designed to satisfy spikes in demand that occur for just a few hours each year. By shifting when and where different users consume power, it’s possible to squeeze far more juice out of the existing system, faster, and for a lot less money, than it takes to make it bigger.

Keep reading...Show less
Yellow
Electric Vehicles

How Toyota Became an EV Winner

After years of dithering, the world’s biggest automaker is finally in the game.

Toyota EVs.
Heatmap Illustration/Toyota, Getty Images

The hottest contest in the electric car industry right now may be the race for third place.

Thanks to Tesla’s longtime supremacy (at least in this country), its two mainstays — the Model Y and Model 3 — sit comfortably atop the monthly list of best-selling EVs. Movement in the No. 3 spot, then, has become a signal for success from the automakers attempting to go electric. The original Chevy Bolt once occupied this position thanks to its band of diehard fans. Last year, the brand’s affordable Equinox EV grabbed third. And then, earlier this year, an unexpected car took over that spot on the leaderboard: the Toyota bZ.

Keep reading...Show less
Blue
AM Briefing

EV Fee

On forever chemicals, Indian and Swedish nuclear, and Ford’s battery business

EV charging.
Heatmap Illustration/Getty Images

Current conditions: A raging brushfire in the suburbs north of Los Angeles has forced more than 23,000 Californians to evacuate • The Guayanese capital of Georgetown, newly awash in offshore oil money, is also set to be drenched by thunderstorms through next week • Temperatures in Washington, D.C., are nearing triple digits today.


THE TOP FIVE

1. Congress proposes a $130 per year fee on electric vehicles

A bipartisan budget deal to fund roads, railways, and bridges for the next five years would also slap a $130 per year fee on drivers registering electric vehicles, with a $35 fee for plug-in hybrids. Late Sunday, lawmakers on the House Transportation and Infrastructure Committee released the text of the 1,000-page bill. Roughly a sixth of the way through the legislation is a measure directing the Federal Highway Administration to impose the annual fees on battery-electric and plug-in hybrid vehicles — and to withhold federal funding from any state that fails to comply with the rule. If passed, the fees would take effect at the end of September 2027. The fees — which increase to $150 and $50, respectively, after a decade — are designed to reinforce the Highway Trust Fund, which has traditionally been financed through gasoline taxes. In a statement, Representative Sam Graves, a Missouri Republican and the committee’s chairman, said the legislation “ensures that electric vehicle owners begin paying their fair share for the use of our roads.” But Albert Gore, the executive director of the Zero Emission Transportation Association, called the proposal “simply a punitive tax that would disproportionately impact adopters of electric vehicles, with no meaningful impact on” maintaining the fund. “Drivers of gas-powered vehicles pay approximately $73 to $89 in federal gas tax each year,” Gore said. “The proposed fee would charge an unfair premium on EV drivers, at a time when all Americans are looking for ways to save money.”

Keep reading...Show less
Green