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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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And data centers might be collateral damage.
After derailing gigawatts of renewable power with a permitting freeze, the Trump administration is expanding its war on renewable energy, retaining one of country music’s biggest stars in a PR offensive against utility-scale projects on “prime farmland.”
The administration recently onboarded John Rich – one half of the stadium-packing American musical duo Big & Rich – to be Trump’s “special envoy for American landowners.” Rich entered activism around landowner rights last January when he backed opponents fighting a large Tennessee Valley Authority transmission project routed through his home county of Cheatham, Tennessee. This led to him joining the Trump team, where he’s fashioning himself as a go-to guy and cheerleader for anyone who wants Trump to help stop a solar or wind farm they don’t want built.
Rich’s first fight on behalf of the Trump team? Battling solar projects in upstate New York. Over the weekend, Agriculture Secretary Brooke Rollins, EPA Administrator Lee Zeldin, and the freshly-annointed Rich wrote New York Governor Kathy Hochul grilling her on the state’s definition of “prime farmland” and claiming “the absence of a clear plan” for disposing of solar panels after projects are decommissioned. The letter resulted from Rich’s conversations with a prominent anti-solar Substack author in upstate New York, Alexandra Fasulo, and it references a specific Repsol project under development in Glen, New York, that she is fighting in state court.
“Only 8 weeks ago, I decided to start posting my written content from Facebook and Substack to X. It didn’t take long before John Rich and I connected,” Fasulo wrote in a blog on Monday. “John and I spoke on the phone a few times. We texted and I began to share my research with him. Many meetings later… and the US Department of Agriculture, the Environmental Protection Agency (EPA), and John Rich put their heads together.” In her post Fasulo signaled more is coming. “If you read the letter slowly, you’ll get the gist of what the feds are trying to do here. For legal purposes, I am not going to explain that in writing. Read between the lines,” she said. “This lays the foundation for battling destruction at the hands of solar and wind complexes, battery storage, and so much more. Have a little faith and patience. There is A LOT to come.”
Trump is pivoting to farmland fights because there are few battlegrounds left for the federal government to fire upon. He has totally undermined large-scale renewable energy development in the ocean – I mean, look at offshore wind. He’s wrecked progress in the desert, where large solar farms on federal lands remain trapped in bureaucratic permitting delays. Some facilities are now getting through, like Primergy Power’s Purple Sage Energy Center south of Pahrump, Nevada, which got its permits last month. Yet other large projects are petering out; permitting on at least three large solar proposals – Smith Blythe’s Desert Energy Charger Project and Intersect Power’s Perkins Renewable Energy Project in California and Balanced Rock Power’s Samantha Solar effort in Nevada – has been paused or canceled outright since the start of the year.
The president’s turn to fighting projects on farmland also makes sense from a political standpoint. He’s facing an enormous backlash to a buildout of hyperscale data centers he supported, many of which are sited on acreage suitable for agriculture. Republicans running statewide in must-watch midterms battlegrounds – Texas and Iowa, for example – will have to navigate this rocky terrain where something their president supported is deeply unpopular. By bringing Rich aboard and letting him wail on renewable energy in the public square, it’ll be a signal that the Big Man is still listening to rural MAGA voters wary of industrial development.
In media interviews, Rich has claimed Trump created this new, unpaid special envoy position after the country star turned down an offer to sit on the TVA. “I said [to Trump], ‘if I serve with the TVA I cannot disparage the TVA, and I fully intend on keeping my right to disparage them intact.’” He said, ‘You know what, I respect that. So what do you want to do?’ And I said, ‘Man, give me a position where I’ve got some authority and I can work with the highest agencies in the land to protect landowners. Can you create something like that for me?’”
That’s at least the public story for how the president created the “special envoy” role, which Rich has described in ways that are equal parts citizen-government liaison and culture warrior. It’s now clear from his many posts on X that he’ll be heavily involved in messaging against the construction of new renewable energy facilities, carbon pipelines and, potentially, hyperscale data centers.
“[I’ll] go out, find these egregious situations where landowners are being infringed upon and I can go in, work with USDA, EPA, Secretary of the Interior, HUD, the Energy Department, and then all the way of course [to] the Oval Office – to throw up a defense against American landowners,” Rich told Atkisson. He added that data centers will also be a focus of his in government, and there are “two or three” projects out there where he wanted to intervene.
“The president wants to see the data centers built, but he also wants the farm and ranchland to be preserved. We have to have food security for America. We have to.”
Rich and Fasulo then joined Rollins and other administration officials at a press conference Thursday in Washington, D.C. Fasulo spoke at length against New York solar and wind development. Pressed on how data centers square with farmland protection, Rollins spoke about the anxiety in rural America around hyperscalers.
“That debate is raging right now,” she said. “I think that the importance of private property rights, the importance of preserving American farmland, the importance of ensuring we’re going to have another 250 years of freedom is paramount. Does that mean it is completely incompatible with data centers? I don’t think so and I know President Trump doesn’t think so. But what it does mean is that we have to be extremely intentional. There should be plenty of land in this country where data centers can be built that will not be on prime, important farmland. That’s my take on that.”
When Rich joined the federal government is unclear. The Agriculture Department formally announced Rich joined the administration on June 10, but Rich first disclosed Trump “made an offer for a position” in a subscriber-only post made to X on July 24, 2025. He then provided updates in similarly paywalled statements, revealing the Trump appointment to his subscribers in April. Then in May, he told subscribers that he’d completed federal onboarding. “I’m really looking forward to pushing bad guys off of good guys’ land:) You’ll be seeing the official announcement soon, but I wanted you to know 1st!”
What’s clear, however, is that Rich has other targets too. As Rich was brought into federal service, he began routinely sharing a URL – “usda.gov/lawfare” – and directed aggrieved landowners to report potential misdeeds around land seizure. A review of his back-and-forth communications on social media indicate several potential fights he may wade into. Wind energy projects in Kansas. Solar development in rural Virginia. An aluminum smelter in Oklahoma. Carbon capture proposals in Louisiana.
Prior to formally joining the administration, Rich got involved in a conflict over eminent domain and transmission for data centers in Coweta County, Georgia, which had gone viral on right-wing social media. On May 12, Rich said he “just had a great phone call” with Rep. Brian Jack, the GOP congressman who represents the transmission battleground in question. “I will be speaking more on the matter soon,” he tweeted, declaring the power lines threatened “not only homes, but cattle farms and row crops.” Rich also says he facilitated federal engagement between the USDA and Casey Murph, a rancher in Navajo County, Arizona, who claims the state prematurely ended a land lease he held so Orsted can build a solar project.
It’s also apparent Rich will be the first major Trump administration official to publicly root for more counties to indefinitely ban solar and wind development. “The best way for farm and ranch land to be protected from wind/solar projects is for the county to pass a moratorium on those energy sources, disallowing them to ever be built in the county,” Rich told an X follower on May 16.
No one can predict how harmful it’ll be to have one of country music’s most famous artists turning into a spokesperson against renewable energy. But I doubt even paying Katie Miller to say nice things about solar will be able to overcome newly-empowered activism from a Nashville legend.
And more of the week’s top news around project fights.
1. Kansas City, Missouri – Data centers are so toxic that politicians are using them as boogeymen in totally unrelated policy discussions.
2. Ingham County, Michigan – We have our first major anti-data center candidate in a Democratic congressional primary.
3. Nueces County, Texas - The Longhorn State is on a bull run towards data center hostility.
4. Pulaski County, Arkansas - We have yet another municipal employee losing their job over helping a data center.
5. Marathon County, Wisconsin - Yet again rural residents are poised to lose against state permitting primacy laws benefiting renewable energy.
This week’s conversation is with Grant Gutierrez, head of community impacts at carbon management company Carbon Direct. This week Carbon Direct published a white paper Gutierrez authored on opposition around data centers he’s studied. His research reinforces much of what Heatmap Pro has uncovered, but I was particularly intrigued by a topline finding – that transparency is the most common thread in the 46 data center fights he looked into. Was he seeing what I’ve been seeing? So I asked him to hop onto a Zoom call and let me know his thoughts.
The following conversation was lightly edited for clarity.
If you were to explain the findings in your white paper to someone at a bar… how would you put it?
What I would say is that we were really interested in the kinds of concerns communities were articulating as they were opposing or resisting data center development in the U.S. To answer and explore those questions, we developed our own data center cancellation tracker where we looked for cases where we could find a strong correlation between cancelation or withdrawal status and opposition. Then we did high-level analyses of the demographics surrounding those data centers, using standard best practices from environmental justice methodologies and pulling sociodemographic and environmental burden characters from EPA’s EJScreen tool. We were mostly looking at public records. Press materials. City council meeting minutes. Things you wouldn’t have to dig too hard to find.
The kinds of communities we saw successfully resisting data centers tracked across the demographic middle of the United States – slightly more middle income, slightly more white than a majority of the American community, but mostly what you’d consider the average American community.
What is the intended audience of this paper and what are you hoping to communicate?
I think it’s important for data center developers and the capital behind them is that they need to move their engagement to early stage, responsible design. A second audience is regulators, city councils, and local zoning commissions about how to engage with developers and advocate for the right disclosure requirements from industry.
The key topline message is that developers who treat community engagement as a permitting formality instead of a critical early stage input are burdening communities, breaking trust. This is resulting in reputational risk for developers, stranded assets, losing capital – and the loss of future opportunities as developers want to build 21st century infrastructure.
Walk me through what you saw evaluating these projects. What’s the development pattern that leads to such opposition?
We saw five key themes. Some of them you might expect – concerns around natural resources, water impacts, electricity rates, land. The rural character came up quite consistently. And then there was a lack of transparency through the use of NDAs.
The NDA example I was surprised to see was the most consistent in all of our case studies. Communities are largely concerned with the process that unfolds as much as the impacts. That’s a very important signal that transcends political lines. Communities want to be heard, involved in the process. They want large infrastructural development with impacts to listen to their concerns. When those decisions are made behind NDAs or with no transparency or equitable engagement, communities quickly mobilize and organize at a hyperlocal level and are successful in opposing these data centers.
I know there are a number of companies out there – without naming names – that are putting responsible development principles forward. The ones we advocate for across our business, whether we’re working in carbon removal or other things. I see companies leading and saying, if we’re involved in this infrastructure, we are not going to sign an NDA. Those who are pushing forward renewable energy commitments, community benefit agreements, and local public-private partnerships are leading with transparency and equity in their engagements.
How any of this carries in the broader industry is yet to be seen.
In your report you point to various ways opposition can crop up to a project. One of those ways was due to the presence of co-located gas – you note that gas power at a data center engendered environmental opponents, which then strengthened those fighting a data center. Can you elaborate on whether you think a new gas power presence is making it harder to get a data center built?
The case you’re pointing to, that’s the Ballico case where on top of the data center there was a 3,500 megawatt co-located gas plant. That quickly led to major community concerns and a partnership with the Southern Environmental Law Center, which became the legal anchor for thinking through the opposition here and commissioned the technical evidence, and provided the legal [support] there.
You see a broad coalition coalesce around not only the data center concern but the climate concerns that arise. I wouldn’t be surprised if we saw a repeated concern around the expansion of fossil energy and combustion sources going hand in hand with community opposition and organizing on data centers. But that remains to be seen.
What in your research have you seen when you compare opposition to data centers and campaigns against, let’s say, fossil fuels? Or mining? Or renewables?
What I think about with data centers is they’re the highways of the 21st century. As we know through the highway projects in the U.S., there were major disproportionate impacts on communities of color. I think there’s potential for data centers if they follow that playbook to have that same impact.
When it comes to comparing these, that’s something I have not done yet. But I think there’s a few things happening. I think the scale and scope of the buildout is taking the American public by surprise. Articulation around impacts to natural resources and electricity prices in a heightened political climate and a difficult economy. It’s also the existential problem AI introduces, which is the role AI plays in society. This is unique compared to other kinds of extraction, which feed technologies already at play.
How do you feel about the fact that so many of us in energy, environment and climate are now talking about data centers all the time?
Never in my career, working in carbon removal and nature based solutions, I never thought data centers would be a major focus in my career as an environmental justice advocate and social scientist.
Data centers are probably emerging to be one of the biggest environmental justice problems of our time so while it’s not something I planned to work on, I am emboldened to see the response from the nonprofit community and others trying to wrap their heads around this. What is the right kind of information? What does the public need to know? How do we advocate for our communities and build the world we would like to build?
While data centers are moving fast, I’m encouraged to see communities organizing and advocating for their own needs as well. Over the next few years, the story will tell itself.
Last question – what was the last song you listened to?
DtMF by Bad Bunny.