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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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Rep. Jeff Van Drew was defeated by ... another wind opponent.
Democrat Zack Mullock unseated Representative Jeff Van Drew, one of offshore wind’s biggest foes, on Tuesday night in the race for New Jersey’s second district. But while Mullock is a fan of renewable energy, he’s still a man of the south Jersey shore — and unlikely to be a champion for turbines off his coast.
District 2 encompasses the entire lower quarter of the state, covering six coastal counties from Atlantic City down to the tip of Cape May and around to the Delaware Bay. The area is a hotbed for offshore wind opposition, where groups like Protect our Coasts NJ have filed legal challenges against almost every wind project proposed in the region.
After heading to Congress in 2019, Van Drew, who was previously a Democrat, switched parties and became a key ally to this movement. He called for a moratorium on offshore wind development, held hearings on offshore wind “industrialization”, and requested that the Government Accountability Office investigate the industry. He also worked with the Trump administration to block projects that were under construction.
During a debate in late October, Mullock accused Van Drew of flip flopping on wind, arguing that the congressman was a staunch supporter of the industry during his decade-long tenure in the New Jersey legislature. Mullock, who is currently serving his second term as mayor of the city of Cape May, summed up his own position by citing a resolution he signed in 2023 calling for a moratorium on surveying and acoustic testing for offshore wind development pending an investigation into a spate of whale deaths. He signed it due to “concerns” about the environment and commercial fishing, he said.
“I believe very much in our future with renewable energy,” he said. “We need to go full steam ahead with solar panels. And yes we should do wind where it is appropriate, where it doesn't hurt our environment and it doesn't hurt our commercial fishing industry.”
Mullock’s campaign website says he supports federal investments in renewable energy and incentives for energy-efficient homes. He also wants “stricter enforcement of the Clean Air Act and the Clean Water Act,” and to fund coastal resiliency and other “smart infrastructure” projects that protect against climate impacts. He also campaigned in support of a data center moratorium.
Early signs point to a rough election for AI infrastructure.
We’ve seen enough: If this was the data center election, it was a really bad night for the industry.
Democratic campaigns and their affiliated Super PACs spent bigly on data center-themed attack ads. The ads came in various flavors. Some ads painted a vote for tax cuts as aiding data center developers. Others brought up candidates’ previous support for data centers or stock the candidate may have held in the tech industry or AI infrastructure developers. As Election Day approached, the data center industry sought to bat back claims that their sector’s poor reputation with the electorate would sway the results. People may have soured on their industry, they argued, but people weren’t going to vote based on that position.
Results are still coming in, but so far congressional races heavily featuring these data center attacks are heavily going in Democrats’ favor. In addition, these races have so profoundly shifted that it’ll be challenging for the industry to argue they played no role in the outcome.
Some of the most illustrative examples are obvious. In Georgia, Democrat Keisha Lance Bottoms campaigned on a statewide data center moratorium and won control of the governor’s mansion, becoming the first black woman to ever lead a U.S. state. Similar results in Ohio where Amy Acton flipped party control of the governor’s seat with a campaign that included going hard against data centers. In Pennsylvania, two Democrats who focused on data centers in their races have flipped Republican districts: Scranton mayor Paige Cognetti and firefighter Bob Brooks. In New Jersey, Cape May mayor Zack Mullock rode data center attacks to defeat Rep. Jeff Van Drew, the biggest opponent of the offshore wind industry. In Virginia, Democrat Shannon Taylor rode data center-laden attacks to take control of the Richmond area congressional seat from Rep. Rob Wittman.
If you’re arguing this election was decided by data centers, your best proof point: Democrat Gina Hinojosa has taken control of the governor's mansion in Texas, defeating incumbent Greg Abbott, who’d sought recently to take a hard line against the industry. Hinojosa ran on going further, calling to pass a law completely pausing data center development across one of the industry’s favorite states. She won a decisive victory. So did Democratic Texas Agriculture Commissioner candidate Clayton Tucker, who I explained months ago became one of anti-data center Facebook’s favorite online personalities.
But it makes sense that data centers would matter a lot in Texas, which could be compared to Virginia in terms of their buildout. When you inspect the election results more closely, they tell a more complicated story about the upper boundaries of these data center attacks.
For decades, Greenville and Spartanburg County have been GOP vote strongholds and reliable for both Republican congressional candidates and statewide campaigns. The congressional district gave Donald Trump at least a 20-point cushion in the 2024 presidential election, according to Decision Desk HQ. Last week, I explained for subscribers to The Fight how Courtney McClain, a novice candidate living one mile from a controversial data center proposal, was running against incumbent Rep. William Timmons. I couldn’t find much in the way of online ad spending on either side in this race and it’s never been on the radar of most political observers as a campaign that could somehow flip party control. But the data center debate in Spartanburg County has been immense.
Tonight, Timmons kept his ordinarily ruby red district by slim single digits after running even for most of the night. But this swing was essentially the same as the national margin. And because Timmons didn’t lose, this actually feels like a crucial distinction – data centers were not deciding races themselves in all cases. Democrat Annie Andrews defeated Republican Darlene Graham in a result driven by Democratic overperformance and GOP underperformance in this area, but it’s challenging to tie this result to the data center issue at all. Anything from the economy and the Iran War to Graham’s deceased brother and his baggage could be blamed for this result from this heavily evangelical region.
However, it will be challenging for the data center sector to differentiate themselves from this outcome, especially since a pro-data center Super PAC – Building the Future – publicly waded into the race in support of Graham only to lose. “Darlene Graham’s loss is a black eye for the data center industry,” wrote Teddy Schleifer of The New York Times on election night.
The same story played out in Georgia’s 1st district, which includes the city of Savannah. OpenAI is developing a controversial data center project in Effingham County, northwest of Savannah and the congressional race – which like South Carolina’s 4th had comparatively little spending – has been chock full of data center mudslinging, with the Democrat Amanda Hollowell calling for broader moratoria on development.
Effingham County went for Trump by almost 50 points in 2024. As of this story’s publication, the Republican, Jim Kingston, is winning by a single percentage point with 93% of the vote in. Most of what’s left is in Effington. Should this candidate win, it’s safe to say it’s because voters in this county looked past data centers, or did not link their vote for a national candidate to the local development.
On Election Night, Effingham County formally tabled any decision on the OpenAI data center. So at least on the ground level, people are paying close attention to these results.
After taking two seats in a special election last year, the party gained a third in the midterms.
Democrats claimed two seats on the Georgia Public Service Commission in a special election last year, ending almost 20 years of unanimous Republican control over the regulator.
One of those winning Democrats, Peter Hubbard, ran again this year for a full six-year term in a rematch against Republican Fitz Johnson. The other open seat this year saw Sheila Edwards running in an open race against Republican Josh Tolbert.
Both Hubbard and Edwads won, securing a 3–2 Democratic majority on the Public Service Commission.
“Over the last 12 months, Georgian consumers have made one thing clear: They are tired of rising utility bills and they are hungry to see change. Georgia’s sea change moment for energy policy has arrived,” Charles Hua, the executive director of the utility-focused advocacy group PowerLines, told me.
The Democrats have not been shy about what their priorities will be on the commission.
“Winning control of the Georgia Public Service Commission means prioritizing lowering power bills instead of constantly increasing corporate profits, ramping up the deployment of clean energy technologies, and focusing the people in our decision-making as state regulators,” Hubbard said in a statement on his website.
Edwards, for her part, made it clear where she stands on data centers specifically in an October debate with Tolbert. “They came into our communities,” Edwards said. “They didn’t pay any taxes. They are using our water, using our electricity, and they’re being a public nuisance to the communities that they’re coming into.”
Hubbard also talked about data centers on Heatmap’s Shift Key podcast back in June. “I advocate for a whole-of-government approach, because while the Public Service Commission really only has oversight over the power side of things — where that power comes from and how much data centers are paying on their tariff — there’s much larger issues in terms of water use, in terms of the tax incentives,” he told my colleague Robinson Meyer. “The estimate is $3.5 billion in tax abatements this year in Georgia, uncollected revenue that data centers otherwise would be willing to pay.”
The race has seen outsize spending and interest from major figures not accustomed to dealing in utility regulator races. (Just 10 states have elected utility commissions, period.) Kamala Harris appeared at a virtual fundraiser for the Democratic candidates in Georgia, as well as Democratic hopefuls to the Arizona Corporation Commission. The solar energy industry spent hundreds of thousands of dollars in support of the Democrats in Georgia. Meanwhile, anonymous donors pumped millions of dollars into Tolbert’s bid.
Democrats swept into the Georgia PSC last year on a wave of dissatisfaction with rising electricity prices, especially rate hikes attached to the construction of two new nuclear reactors at the Vogtle Electric Generating Plant, which ran years behind schedule and billions of dollars over budget. In the runup to the election, the PSC approved a three-year base rate freeze proposed by Georgia Power in an attempt to head off public dissatisfaction.
In the past year, rates in Georgia have gone up by less than 1% across the state on average, according to the Heatmap-MIT Electricity Price Hub, while rates are up over 18% in the last three years and over 6% in the past two years.
Shares in Southern Company, the parent company of Georgia Power, were down slightly more than 0.5% in after-hours trading Tuesday night.