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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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Tales from a day of “thoughtful dialogues on energy, climate change, and human lives” on Day 3 of New York Climate Week.
“I’m here because I love thoughtful dialogues on energy, climate change, and human lives,” Energy Secretary Chris Wright told my colleague Robinson Meyer this afternoon. “That’s been a passion my whole life, and nothing will change that.”
It’s our passion too — and was a defining theme of Heatmap House on Wednesday at New York Climate Week, with 27 sessions across topics including clean energy development, U.S. climate policy, the future of mobility, climate tech, and reindustrialization. From Wright backpedaling on President Trump’s embrace of a diesel export ban to former Vice President Al Gore asserting that 2026 might mark “the positive tipping point on climate,” it was a full day of news, contrarian opinions, juicy predictions, and lots and lots of coffee (consumed by yours truly).
Early in the day, Carlos Araque, the CEO and co-founder of Quaise, an advanced geothermal company, started things off by addressing the elephant in the room: potentially imminent movement on permitting reform. “It’s always easy to be picky and want for more,” he acknowledged, although he added that “my ask has always been — as far back as 2018 — if you can do for geothermal what you do for oil as in terms of regulatory permitting exclusions, then you’re moving 90% of the way to the goal. So that’s happening — that’s slowly and surely happening.”
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New Jersey Governor Mikie Sherrill also spoke about permitting reform at a local scale. “You cannot simply say to people, ‘Sorry, your bills are just going to keep skyrocketing,’” she stressed. “That is not the answer, which is why we’ve acted so aggressively. I approved 18 solar and battery storage projects in the first six months [of my term]. We knew the federal credits were going to run out if we did not get that done, so that’s why we had to take on permitting reform right away to make sure we were growing that.”
And while Jane Flegal, the principal at Flegal Energy Advisors, didn’t have any secret insight into the potential deal, she broke down her predictions into three buckets: reforms to conventional environmental statutes such as the National Environmental Policy Act, the Clean Water Act, and the National Historic Preservation Act; transmission, “which, no one knows what’s in there, but we all know what was in the Manchin deal, and I think we can and should expect something at least that ambitious;” and permitting certainty, which would constrain executive power to cancel permits after they’ve been issued.
Chris Hayes, the host of All In with Chris Hayes on MS NOW and a former climate reporter, took the stage just after Gore, who marked the 20-year anniversary of his Academy Award-winning documentary An Inconvenient Truth. Like Gore, Hayes was in a reflective mood. “I think to some degree, we’re kind of moving forward in this understanding that all of us are implicated in the system that’s going to change very slowly over time,” he said, calling it one of the lessons of the past 20 years. “But I think there was a high-water mark of consumer activism that is sort of gone.”
Then, of course, there was Wright. The energy secretary — whom climate insiders have described to us as the biggest climate villain in the Trump administration after Trump himself — talked to Rob about as many fuels as they could cover. Wind: “There have been very spirited dialogues in the administration about this. I do believe a successful permitting reform thing changes the playing field for anything you want to build in this country, including wind.” Nuclear: “Our thing is just to try to get it back on its feet and get out of the way.” Natural gas: “Gas in my lifetime is going to be the American energy superpower for sure, but you never want all your eggs in one basket.” Batteries: “I’m all in.” And EVs: “Should we have the broader America subsidizing, you know, the habits of wealthy people? I don’t think we should.”
Electric vehicles also came up in our mobility session, of course, along with other forms of mobility including ferries, subways, and rail. “It’s not something we talk about very much in the U.S.,” Laura Fox, the co-founder and managing partner of Streetlife Ventures, told me, adding that “we have a really great rail freight network that is underutilized and that typically saves shippers 30% to 40% when they’re shipping goods in the current environment.” (Representative Mike Levin of California also shared that if he could only connect two places in his proposed giant high-performance rail system, “I’d like to see the line between Los Angeles and San Diego solidified.”)
The evening wrapped with a focus on reindustrialization. Tom Steyer, the co-executive chair of Galvanize Solutions, told us he’s doing fine after his unsuccessful bid for California governor. (Nothing a trip to Tahoe with the family couldn’t cure.) He also shared that the climate movement may have lessons for the modern movement opposing AI and data centers. The world’s richest companies can’t just “come in and take people’s water, especially at a time when people are so water insecure,” he stressed. “How could that possibly be right?”
AI — and water — also came up in conversation with Emilio Tenuta, the senior vice president and chief sustainability officer of Ecolab, which provides industrial and commercial water and hygiene solutions. (Ecolab also sponsored our reindustrialization section.) He argued that “what we really need to focus on is the Water Efficiency Index” when evaluating, for example, semiconductor fabrication plants, because it contextualizes water use in more absolute terms than traditional metrics.
Page Crahan, general manager of Tapestry, an Alphabet X moonshot project that uses AI to develop a model of the grid’s electricity network, zeroed in on how best to use artificial intelligence. “We had 10 years to build what it took us 110 years to build globally” in order to meet anticipated energy demand, she told my colleague Jael Holzman. “And that was in 2023, before data centers.” For “computationally intensive challenges, data-heavy challenges, and certainly running simulations and insights for a system this size,” AI is a good use case, she said.
Tapestry is using its models in partnership with PJM Interconnection (as we’ve covered here at Heatmap) — and speaking of PJM, its executive director of strategic policy and external affairs, Asim Haque, spoke to my colleague Matthew Zeitlin next. “If you do not bring your own new capacity, we are going to curtail you before we curtail your average residential consumer for sure,” he said, adding, “this is a concept that is pending in front of the FERC right now. We can talk about carrots. We can talk about sticks. I don’t know which one this is. I think from the data center perspective, it’s likely a stick.”
Josh Parker, the head of sustainability at Nvidia, rounded the day out on a positive note. “The good news is, we are very quickly unlocking new capacity with clean energy,” he said, including developing new clean energy technologies like advanced fission and geothermal. “All of these technologies are benefiting from AI, and so that, coupled with the fact that data center operators with AI factories generally are some of the largest consumers of clean energy and are still are looking for all the clean energy they can, leads me to believe — and I think this is the most credible forecast — that very soon we’re going to see all of that convert over to clean as soon as we can get through the supply constraints that we’re currently in.”
If you were with us in person, thank you again. You’re what made our event one to remember. And if you weren’t able to join us this year — we hope to see you in 2027.
But wait! Before I send you on your way, you can find all of our coverage of the day below along with some additional quotes from some of my favorite conversations:
The Commonwealth Fusion Systems CEO made his case at Heatmap House.
Without billions in new federal investment the United States may lose its pole position in the global race to be the first nuclear fusion superpower, Commonwealth Fusion Systems CEO Bob Mumgaard told attendees at Heatmap House in New York City.
When asked onstage whether Commonwealth Fusion could still develop its fusion aspirations at scale without U.S. government financing, Mumgaard said: “I think so – it’s a question of the timing and the place.” Then he suggested that the company — and the industry — might go elsewhere if the country doesn’t put more capital into the growing sector. “There are offers on the table to build nuclear fission power plants not in the United States, so we can do that.”
You’d be forgiven if you thought Commonwealth and nuclear fusion was already doing well. The Massachusetts-based pioneer in fusion technologies raised $1 billion in new investment just a couple months ago. Generally speaking, innovation in nuclear power is incredibly popular in Congress, which has an influential bipartisan Fusion Energy Caucus. Commonwealth has received public support from the Trump administration’s Energy Department, as has one of the Heatmap House sponsors, Inertia.
But we’re talking about nuclear fusion, a still-futuristic form of energy generation seeking to harness the power of stars exploding in contained environments. It’s an insanely promising tech moonshot.
Mumgaard said the company is aiming for its tech to provide electrons onto the grid by the 2030s. He also said a Fusion Industry Association request to Congress and the Trump administration for $10 billion of investment might be what’s needed for that power to be American first.
“We debated that [amount] with the industry association, and you have to say what gets the job done. It’s a disservice to lowball what’s needed,” he told my colleague Katie Brigham. “This is a very important thing. It’s an entirely new industry. Let’s treat it as such.”
He added his view that U.S. fusion development is essentially an energy security maneuver, and that competition with China on fusion should be seen as parallel to the race for dominance in artificial intelligence.
“Think about what it means in a technological race. Power is the thing that powers the next economy, right?” Mumgaard said. “All the geostrategic strife we have right now is about power in the form of natural resources. Who has them? What are they? What boats are they on through what body of water? Fusion takes all of that off the table.”
Representative Mike Levin, It’s Electric, Rivian, and more showed up for the mobility session at Heatmap House.
On the surface, the climate case for electric vehicles is simple: Battery-powered cars can eliminate our need to burn dirty gasoline and diesel, and as more renewables come onto the grid, they’ll only run more and more cleanly. But the benefits that can be gained from electrifying the vehicle fleet run far deeper, a case that a variety of speakers made at Heatmap House on Wednesday as part of New York Climate Week.
Andrew Peterman, director of advanced energy solutions at the EV maker Rivian, explained how electric vehicles are becoming a multi-tiered grid solution. Rivian itself is cooperating with drivers and utilities to create automatic smart charging so that EVs can charge when energy is abundant and inexpensive, saving the user money — in some cases as much as $1,000 per year — and easing strain on the grid. Doing so helps to keep electricity prices down, which is good for the country and for the bottom line of an electric vehicle maker.
“Our ability to sell and give people value out of an electric vehicle can only be enabled if we transform the grid to be able to be affordable, reliable, and cleaner for everyone,” Peterman told Heatmap deputy editor Jillian Goodman. “We need to use our role in the energy system to enable customers to get more value out of the grid. So everything we do is about grid transformation to enable electric vehicles to have an even stronger and stronger value proposition. When we bring down electricity costs, that brings down the total cost of ownership for our vehicle owners.”
Of course, energy can go in the other direction, too. Now that millions of EVs are on the road, the multitude of kilowatt-hours stored in EV batteries can be a grid asset. That goes for vehicle-to-grid integration, where EVs can discharge energy to help balance the grid when they’re not driving. But it’s an especially compelling proposition when those batteries get older and are no longer optimal for powering vehicles. Rivian is working with partners such as Redwood Materials to recycle old EV batteries and to repurpose some as grid storage. The same is true at Waymo, whose fleet of autonomous, only-electric rideshare vehicles have racked up hundreds of thousands of miles in some cases.
“Our fleets are sometimes outlasting our batteries where they still work, but they’re just not optimal for the ride-hailing fleet,” Waymo head of environment and sustainability Adam Lenz told Nico Lauricella, Heatmap’s CEO and editor in chief. “So we’re taking those batteries out, refreshing them, and then there’s still a lot of life left on this battery. We’re working with a partner that’s based out of L.A. County where we provide service and they’re deploying those batteries to support front of the meter grid storage.” (Waymo is also a sponsor of Heatmap House.)
It’s clear that the rideshare economy will be dominated by electric vehicles, and Lenz argued that this fact helps extend the climate benefits of electrification and autonomy to people who don’t want to drive or have been priced out by the upfront costs of an EV. The promise that self-driving cars will ultimately be much safer compared to those driven by fallible humans makes it safer to walk or bike, the most sustainable transportation methods. Waymo recently introduced a partnership with Visa to give San Francisco Bay Area riders a $2.85 Waymo account credit (the price of a bus ride in S.F.) when they combine a rideshare trip with a train or bus linkup to create a mulit-modal journey — a roundabout way to create “free” buses.
Across the country, EV charging could help give New York City not only cleaner skies but also improved grid management. The city’s Green Ride Initiative is meant to have New York’s taxi and rideshare trips be majority-electric by 2030, yet NYC has been a charging desert compared to other dense cities like London. Tiya Gordon, co-founder and COO of charging company it’s electric, came to Heatmap House to discuss her company’s recent win of a contract to install 700 new street chargers in New York, which has only 88 today.
It’s not just how many chargers are going in, she said, but where — the majority will go into neighborhoods in Brooklyn and Queens where rideshare drivers live and park their cars overnight. Albert Gore, executive director of the Zero Emission Transportation Association, added: “It makes a lot of sense also when you think about the impact to the grid. If you are directing a lot of that charging at night, particularly for these high mileage use cases, that actually puts downward pressure on electricity rates. EVs are a very, very flexible load.”