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On striking down the California waiver, the tax bill, and BYD

Current conditions: Showers and thunderstorms in the South and cool weather in the Northeast will make Memorial Day weekend “more reminiscent of late March than late May” • At least four people are dead and 50,000 stranded in New South Wales, Australia, due to torrential rainfall that is expected to ease Friday evening • Evacuation orders are in place around Oracle, Arizona, to the north of Tucson, due to the growing Cody Fire.
It’s official: After weeks of speculation and run-up, the Senate voted 51 to 44 on Thursday to overturn California’s waiver from the Clean Air Act to set stricter-than-federal emissions limits on cars and trucks. The vote was along party lines, with the exception of Michigan Democrat Elissa Slotkin, who joined Republicans in passing the disapproval resolution under the Congressional Review Act. California required companies to stop selling new gas vehicles by 2035, which Republicans had criticized as an “electric vehicle mandate” due to the size of the state and its influence over the automotive market.
The Senate’s parliamentarian and the Government Accountability Office had determined that the Senate could not use the CRA to prevent California from setting stricter emissions standards, as it has done since 1967, because the waiver is not a federal rule and therefore not subject to a simple 50-vote threshold repeal vote. To get around the technicality, Republicans voted Wednesday night on what Rhode Island Democratic Senator Sheldon Whitehouse called the “double nuclear option” — essentially declaring they were “within their rights to skirt a filibuster and muscle through measures to deny” California its unique emissions-setting authority, The New York Times writes. But that also means the door is now open “to challenges against all sorts of other federal program waivers — without having to worry about the Senate filibuster,” Capitol Hill correspondent Jamie Dupree wrote in his newsletter Thursday, adding, “it certainly is a substantial change in the precedents of the Senate. And now it’s the new regular order.” California Governor Gavin Newsom called the vote “illegal” and vowed to “fight this unconstitutional attack on California in court.”
We’re continuing to track the repercussions of the House reconciliation bill that passed early Thursday morning, including its “full-frontal assault on the residential solar business model,” in the words of my colleague Matthew Zeitlin. Though an earlier draft of the bill shortened the availability of the Residential Clean Energy Credit, 25D, for people who purchased home solar systems from 2034 to expiring at the end of this year, Matthew explains that the new language says no credit “shall be allowed under this section for any investment during the taxable year” if the entity claiming the tax credit “rents or leases such property to a third party during such taxable year” and “the lessee would qualify for a credit under section 25D with respect to such property if the lessee owned such property.” That’s “how you kill a business model in legislative text,” Matthew continues. The repercussions were immediate: By midday, shares of Sunrun were already down $37.5%, an erasure of almost $1 billion.
For the first time, BYD has outsold Tesla in Europe. In April, the Chinese automaker sold 7,231 electric vehicles, up 169% from the year prior, while Tesla sold 7,165 EVs, down 49% in the same period, Bloomberg reports based on market research by Jato Dynamics.
As we covered in AM earlier this month, the first quarter of 2025 was the second-best month ever for BEV sales in the European Union, despite “the name Tesla [becoming] toxic for so many, limiting its appeal,” Clean Technica wrote at the time. But while BYD marked a milestone in beating the American automaker, it remained in the 10th spot overall for electric vehicle sales, with Volkswagen the clear winner for the month with 23,514 sales. But BYD is “about to reinforce its EV lineup in Europe with the Dolphin Surf, a fully electric hatchback that will sell for” around $22,700 in Germany until the end of June, Bloomberg writes.

The National Oceanic and Atmospheric Administration released its forecast for the 2025 Atlantic hurricane season, with a higher estimated upper limit for named storms than earlier predictions from private forecasters. According to NOAA, we can expect between 13 and 19 named storms this year, of which six to 10 could become hurricanes and three to five could develop into major Category 3 or higher hurricanes. That puts the season on track to be more active than the average Atlantic hurricane season, when 14 named storms, seven hurricanes, and three major hurricanes can be expected.
Private forecasters also rely on NOAA data to inform their predictions, but arrived at slightly different conclusions. Colorado State University’s Department of Atmospheric Sciences forecasts 17 named storms for 2025, while AccuWeather predicts 13 to 18 named storms. Though the Atlantic has cooled slightly from its historic highs last year, it is still warmer than usual — part of what is spurring the above-average estimates for the season. Still, as I’ve reported, there are lingering concerns about the reliability of NOAA’s data in future years as the agency hemorrhages the personnel who repair the sensors that monitor sea temperatures or run quality control on the data.
Microsoft announced its commitment to purchase nearly 623,000 metric tons of low-carbon cement from the startup Sublime Systems on Thursday. The contract, which runs over a six- to nine-year period, is intended to “reduce emissions — both at Microsoft and globally,” Jeff Leeper, the vice president of global datacenter construction at Microsoft, said in a press release about the deal. The company aims to use the cement on its construction projects “when geographically possible,” including incorporating it in data centers, office buildings, and other infrastructure. The companies declined to share how much the deal was worth, Bloomberg writes.
My colleague Emily Pontecorvo profiled Sublime earlier this year, noting that cement is a significant source of carbon emissions — 8% of the global total — due to a chemical reaction with limestone kilns required for production. But Sublime has “developed a new way to make reactive lime that does not require limestone,” Emily explains. “Instead of heating up rocks in a kiln, they drive the chemical process with electric currents. This enables the company to avoid limestone and use a variety of other raw materials that do not contain carbon to produce lime.” The company is working to construct its first 30,000-ton commercial plant, which is expected to be completed in 2027.
Pakistan imported 22 gigawatts of solar panels in 2024, more than the entire country of Canada. “That’s not a typo or a spreadsheet rounding error. That’s the kind of number that turns heads at IEA meetings and makes policy analysts double-check their databases,” Clean Technica writes.
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Properly known as “manufactured homes,” they’re extremely vulnerable to extreme heat.
When it gets too hot, the human body starts to cook. At 89.6 degrees Fahrenheit you begin sweating to maintain your core body temperature; by 95 degrees, you’re no longer able to shed heat through radiation alone, relying entirely on the mechanism of water evaporating from your skin. Once it’s 104 degrees out, your body stops working the way it should. By 120 degrees, if you don’t take drastic measures to cool and hydrate yourself immediately, you’re dead.
It’s still unusual for most parts of the U.S. to reach 120 degrees (though humidity and “wet bulb” temperature can reduce the effectiveness of sweating, making much cooler temperatures dangerous, too). The bad news, though, is that it’s not the outdoors you necessarily need to be all that worried about. Most people who die in heatwaves die inside.
Manufactured homes, also called mobile homes, are particularly lethal in extreme heat. During the 2021 Pacific Northwest heat dome, 20% of the 96 people who died in Oregon lived in such housing, according to an analysis by The Oregonian. In Phoenix in 2024, a full quarter of heat-related deaths occurred in mobile home parks, trailers, and RVs, which make up only 5% of the Valley’s housing stock. In Pima County, the rural region that encompasses Tucson, the share of deaths in the homes was even higher.
And yet last week, the House of Representatives approved a bill that could prevent the adoption of regulations that would help prevent future heat-related deaths in manufactured homes. The vote was the culmination of a nearly decade-long fight over who should regulate the construction of manufactured homes, which are crucial to solving the housing crisis and the primary route to low-income homeownership. It also lies at the crux of the debate over building out quick, cheap homes — the industry’s preference — versus investing in resilient construction practices with an eye on a hotter future.
H.R. 5184 looks, on its surface, like a common-sense affordability bill. Energy standards for manufactured homes have traditionally fallen under the purview of the Department of Housing and Urban Development, which has not updated the regulations since 1994. In 2007, on a bipartisan vote, Congress passed a law directing the Department of Energy — which has more expertise in energy efficiency than HUD — to set new standards for manufactured homes, which the department (finally) issued in 2022, and which focus on increasing insulation and reducing air leaks.
Slammed as costly “red tape,” the standards were repeatedly held off from going into effect. H.R. 5184 is meant to ensure they never will. Indiana’s Republican Representative Erin Houchin, who authored the bill, claims that the regulations would increase the upfront cost of manufactured homes by “$10,000 to $15,000” over the existing HUD standards. (The DOE’s analysis of the 2022 rule put the added construction cost at between $627 and $4,438, depending on the size of the home and the climate zone.) Proponents of the bill also say it would streamline oversight of manufactured home energy efficiency standards by reverting regulatory authority to HUD alone and excluding the DOE from the rule-making process henceforth.
The bill passed the House with bipartisan support from every Republican and 57 Democrats, the latter group led by Massachusetts Representative Jake Auchincloss. According to the American Council for an Energy-Efficient Economy, which opposes the bill, Auchincloss reportedly used the word abundance “multiple times” when advocating for H.R. 5184 in a private meeting — an apparent reference to the Abundance Agenda, which pushes to remove regulatory roadblocks to progressive goals such as clean energy and affordable housing. (Auchincloss’ team did not respond to a request for comment, though in a letter to his Democratic colleagues, he described housing affordability as “a national problem that we should address with common-sense regulatory reform.”)
But “is the purpose of housing to keep us safe and well and to allow us to actually live our best lives, or is it something else?” Vivek Shandas, the founder of the Sustaining Urban Places Research Lab at Portland State University, asked me. “If housing is set up to keep us out of the elements, then what we’re essentially agreeing to when we’re cutting some of these safety precautions is exposing people to more of the elements,” he said.
The American Council for an Energy-Efficient Economy, an advocacy group, has stressed that H.R. 5184, which preserves the 30-year-old HUD standard, will increase the average annual energy bill by up to $475 for residents of new double-wide homes compared to what they would have paid under the 2022 rules. ACEEE estimates that the break-even point for monthly net savings to recoup the added initial down payment, taxes, and fees for a single-wide home in the South would have been just over a year, and just over four years for a double-wide in the same region. “My hope is that U.S. senators can do math better than, apparently, a majority of their House colleagues and recognize that energy savings significantly exceed the cost of insulation and air sealing,” Mark Kresowik, the senior policy director at ACEEE, told me.
Manufactured home owners already spend an outsized amount of their income on energy costs, and higher energy bills could push residents to avoid turning on their air conditioning during heatwaves, putting their health and potentially their lives at risk. It is “absolutely correct” that H.R. 5184 could result in more mobile home park deaths as a result, Kresowik said.
Cooling manufactured homes can be challenging in general, though. “We’re finding that in some of these [existing] manufactured homes on a 105-degree day, temperatures will be upward of 120, 125 degrees inside,” Shandas said — the threshold of human survival. That’s partially because, unlike site-built homes, mobile homes are often placed on asphalt, which “radiates that heat at night and keeps the temperatures inside the homes up.”
“When the sun rises the next morning,” Shandas explained, “it continues to heat up,” creating a deadly compounding effect.
Even residents who can afford to run an air conditioning unit around the clock at full blast can be in trouble in poorly insulated homes. AC frequently “doesn’t have the horsepower to reduce [indoor temperatures] down to less than 85 degrees, so it often tends to hang around 90 inside on a 100-degree day,” Shandas said. Particularly for the older adult population, some 3.2 million of whom live in manufactured and mobile homes, that is enough to be dangerous.
Esther Sullivan, an expert on manufactured homes at the University of Colorado Denver and the author of Manufactured Insecurity: Mobile Home Parks and Americans’ Tenuous Right to Place, emphasized that H.R. 5184 will affect only the construction of new homes. The most vulnerable live in mobile homes built before the HUD codes instituted in 1976, and which may have as little as an inch of separation between the inside and the outdoors. (One resident Shandas interviewed in Northeast Portland told him that he could tell how fast the wind was blowing when he was inside with his windows closed — it was that drafty.)
As supporters of H.R. 5184 — like the Manufactured Housing Institute, a trade organization that lobbied in support of the bill — point out, most home manufacturers are already voluntarily meeting or exceeding the 2022 DOE standards. (The MHI pointed me toward its statement in support of the bill when I reached out for comment.) Andrew Rumbach, the co-lead of the climate and communities program at the Urban Institute, which does not take an official side for or against the bill, told me that “even if the current HUD standards were not updated and you purchased a manufactured home today, you’re far more safe in an extreme heat event compared to someone who lives in one of those older, potentially dilapidated homes.”
Sullivan also cheered the advancements in new manufactured home construction. Factory-produced housing, even more than site-based homes, can incorporate “extreme innovations in things like energy efficiency,” she said. But H.R. 5184 would be a “major step backward,” she went on, arguing that it won’t even address the housing abundance goals touted by its supporters. “The problem with producing more housing is allowing more housing to be located,” she said. “It’s zoning.” Many suburban and metropolitan areas, for example, forbid mobile home parks from being sited within their borders.
Preventing mobile home deaths in heatwaves will require attention to the existing housing stock, which needs expensive weatherization and park-level infrastructure upgrades, such as shade and collective cooling shelters. “We’ve seen firsthand how replacing aging, energy-inefficient manufactured homes with new, efficient models can create long-term stability for families and entire communities,” Scott Leonard, the Oregon residential project manager of Energy Trust, a nonprofit that helps families make such upgrades to their homes, told me in a statement. Shandas specifically highlighted the need for local, engaged park managers who can check in on residents during extreme heat events. (He also suggested “some kind of indicator or warning that would tell people to leave when it’s hotter inside than outside and go to a cooling center.”)
But new construction needs to be energy efficient as well, so homeowners can afford the operating costs of life-saving AC units during increasingly hot summers. “The bottom line is that people who live in places that have heat waves deserve to live in a home that’s safe from those heat waves,” Rumbach said.
On bring-your-own-power, Trump’s illegal energy cuts, and New York’s nuclear bonanza
Current conditions: Temperatures in Buffalo, New York, are set to plunge by 40 degrees Fahrenheit • Snow could hit the Mid-Atlantic and Northeast as early as midweek • A cold snap in northern India is thickening fog in the region.
In a post on Truth Social last night, President Donald Trump said he’s “working with major American Technology Companies to secure their commitment to the American People” and shift the burden of financing the data center buildout away from ordinary consumers. “First up is Microsoft, who my team has been working with, and which will make major changes beginning this week to ensure that Americans don’t ‘pick up the tab’ for their POWER consumption, in the form of paying higher utility bills.” He said more announcements were coming in the weeks ahead. While “Data Centers are key to that boom, and keeping Americans FREE and SECURE,” he said “Companies who build them must ‘pay their own way.’”
Hours earlier, Meta CEO Mark Zuckerberg set the stage for a similar announcement when he posted on Threads that the company was establishing a new “top-level initiative” aimed at building “tens of gigawatts” of power for the Facebook owner’s data centers.
A federal judge has overturned President Donald Trump’s latest attempt to kill New England’s Revolution Wind project. On Monday evening, the U.S. District Court for the District of Columbia granted a preliminary injunction suspending the Trump administration’s order halting construction on the nearly complete joint venture from Danish wind giant Orsted and Global Infrastructure Partners’ Skyborn Renewables. The decision allows construction to restart immediately while the underlying lawsuit challenging multiple attempts by the Department of the Interior to yank its permits continues in court. In a statement, Orsted said it would resume construction as soon as possible. “Today’s ruling is a decisive win for energy reliability and the hundreds of thousands of families counting on Revolution Wind,” Kat Burnham, the industry group Advanced Energy United’s senior principal and New England policy lead, said in a statement. “The court rightly saw through a politically motivated stop-work order that would have caused real harm: driving up costs, delaying power for Rhode Island and Connecticut, and putting good-paying jobs at risk. It’s good news for workers, ratepayers, and anyone who recognizes the need for a fair energy market.” To glean some insights into how the White House’s most recent effort fell short, it’s worth reviewing my colleague Jael Holzman’s coverage of the last failure and this time.
The Environmental Protection Agency is scrapping the decades-long practice of calculating the health benefits of reducing air pollution by estimating the cost of avoided asthma attacks and premature deaths to justify clean-air rules. Citing internal documents, The New York Times reported Monday that the Trump administration plans to stop tallying the health benefits from curbing two of the most widespread, deadly pollutants: fine particulate matter and ozone. The newspaper called the move “a seismic shift that runs counter to the EPA’s mission statement.” The overhaul could make slashing limits on pollution from coal-burning plants, oil refineries, and steel mills easier. It’s part of a broader overhaul of the EPA’s regulatory system to disregard the scientific realities that few, if any, credible scientists challenged before. As Heatmap’s Emily Pontecorvo asked in July when the agency dispensed with the idea that carbon emissions are dangerous, “what comes next?”
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A federal judge ruled Monday that the Trump administration’s decision to slash $8 billion in energy grants to recipients in mostly Democratic-led states was illegal. In his decision, Amit Mehta, whom Obama appointed to the bench of the U.S. District Court for the District of Columbia, wrote that the “terminated grants had one glaring commonality: all the awardees (but one) were based in states whose majority of citizens casting votes did not support President Trump in the 2024 election.” The ruling called on the Department of Energy to reverse its decision to rescind all awards mentioned in the case. The case only covered seven grants, leaving funding for more than 200 other projects up in the air. But as NOTUS noted, the Energy Department’s internal watchdog announced an audit into the cancellations last month.

New York Governor Kathy Hochul positioned herself as one of the most ambitious Democratic governors on nuclear power last summer when, as Heatmap’s Mattew Zeitlin covered at the time, she directed the state-owned New York Power Authority to facilitate construction of at least a gigawatt of new atomic power reactors by 2040. Last week, as we covered here, her administration unveiled 23 potential commercial partners, including Bill Gates’ TerraPower and the utility NextEra, and eight possible communities in which to site the state’s next nuclear plant. Now the governor’s office has told the Syracuse Post-Standard that the administration aims to up the goal from 1 gigawatt to 5 gigawatts of new reactors.
The move comes as Hochul prepares to announce another initiative Tuesday to force data centers to pay for their own energy needs. Piggybacking off Trump’s push, the effort will require “that projects driving exceptional demand without exceptional job creation or other benefits cover the costs they create – through charges or supplying their own power,” according to Axios.
Brazil and Argentina are South America’s only two countries with commercial nuclear power. Despite having governments on opposite sides of the continent’s political divide, the two nations are collaborating on maritime nuclear, using small modular reactors to power ships or produce power from floating plants. “The energy transition process we are experiencing guides us to work together to evolve nuclear regulations and their necessary harmonization, with a view to the use of nuclear reactors on board ships worldwide and, especially, in our jurisdictional waters,” Petronio Augusto Siqueira De Aguiar, the Brazilian admiral from the Naval Secretariat for Nuclear Safety and Quality, said in a statement.
A federal court has once again allowed Orsted to resume construction on its offshore wind project.
A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).
Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”
This case was life or death for Revolution Wind. If the stop work order had not been enjoined, Orsted told the court it may not have been able to secure proper vessels for at-sea construction for long enough to complete the project on schedule. This would have a domino effect, threatening Orsted’s ability to meet deadlines in signed power agreements with Rhode Island and Connecticut and therefore threatening wholesale cancellation of the project.
Undergirding this ruling was a quandary Orsted pointed out to the justice: The government issued the stop work order claiming it was intended to mitigate national security concerns but refused to share specifics of the basis for the stop work order with the developer. At the Monday hearing on the injunction in Washington, D.C., Revolution Wind’s legal team pointed to a key quote in a filing submitted by the Justice Department from Interior Deputy Assistant Secretary Jacob Tyner, saying that the Bureau of Ocean Energy Management, the federal offshore energy regulator, was “not aware” of whether the national security risks could ever be mitigated, “and, if they can, whether the developers would find the proposed mitigation measures acceptable.”
This was the first positive outcome in what are multiple legal battles against the Christmas stop work orders against offshore wind projects. As I reported last week, two other developers filed individual suits alongside Orsted against their respective pauses: Dominion Energy in support of the Coastal Virginia offshore project, and Equinor over Empire Wind.
I expect what happened in the Revolution Wind case to be the beginning of a trend, as a cursory examination of the filings in those cases indicate similar contradictions to those that led to Revolution winning out. We’ll find out soon: The hearing on Empire’s stop work order is scheduled for Wednesday and Coastal Virginia on Friday.