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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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Chatting about win-win solutions with the Abundance Institute’s Ryan Norris.
This week’s conversation is with Ryan Norris, senior fellow for energy policy at the Abundance Institute. The libertarian-leaning institute — whose name cleverly shortens to AI — is a new-ish entity with increasing relevance in energy and tech spaces. As Norris and I discussed, it’s starting to help shape policy on data center development and the generation that’ll power it all, especially in Republican circles. Norris himself previously worked with Americans for Prosperity, a right-wing political organization. I reached out to him and asked if we could chat because I wanted to know more about the institute’s work within the energy space. He wound up saying a lot more than I expected. So let’s dive into it.
The following conversation was lightly edited and abridged for clarity.
So let’s start with what you’re working on. What’s on your desk these days?
Here at Abundance, we sit at the juncture of emerging technology and the energy they need to bring that new technology to bear to impact life positively. We are always in a constant state of learning and researching what the latest thoughts and feelings are around certain policies, particularly around AI and data centers, and then energy technology. How do they feel about nuclear? Geothermal? Solar and battery arrays?
A lot of what I’m working on is Project Gigawatt, a body of policy that fits into permitting, generation, the grid, transmission, and then market and demand. Policies that we believe will generate more, transmit more, and as much of a free market approach as possible. Knowing that a lot of states have regulated utilities, when the state utility can’t produce what the state can potentially actually generate or would need to in order to accommodate large loads, we think there needs to be other opportunities to either bring that power or purchase it in a different way.
When it comes to this policy set, how are you taking into account the intensifying backlash to data center and AI infrastructure, as well as the energy attached to it?
As everyone can sense, things are moving rapidly, and there is a natural inclination to question how fast we’re going. I think these concerns need to be addressed seriously and respectfully. You can’t just say negative things about people who care about water quality or impacts to their local economies. Those are valid. I’ve lived through those. I come from a rural place in Arkansas that had oil and gas plays. And I’ve seen there needs to be conversations with people living in those areas too.
We cannot discount the backlash. When you take the legitimate concerns and pair them with the opportunities coming, I think there’s actually a chance to set up win-win solutions. It shouldn’t be a win-lose scenario here. They have skepticism about AI in the short and long term — that’s a natural inclination and not a negative, per se. But educating people and policymakers about data centers, that’s important.
What is your approach to the rise in land use regulation around data centers and energy infrastructure, moratoria and restrictive ordinances?
As much as possible, you want the infrastructure and cost allocation to be borne by the business causing it. That’s the motivation behind a lot of colocation partnerships happening right now, like the Kilby project in Texas, with natural gas powering a Microsoft hyperscale.
To us, it’s about setting up the opportunity for private property owners to sell to those hyperscalers and those generating the energy. Setting up situations where you’re not stopping people from benefiting. A lot of the “bring your own power” concept, we really like that. Maybe having it where power purchase agreements are more in the mix, things along those lines. That’s where I see things.
The energy increases to our utility bills, people are concerned about it, and that’s a bread and butter issue. That’s the approach: We know we need grid upgrades and want to have the most cost effective versions of those as possible, but you want those needing the power paying for it and not putting it on the backs of residents.
I’m curious, what’s you and your organization’s approach to the rise of gas infrastructure built for AI and the potential impacts that could have on climate change?
I don’t discount the issue of climate change.
Let’s say we’re not able to decarbonize enough to reverse the effects of warmth. We know we’ll have to create energy. We know we have other options for energy that need to be in the mix — more nuclear, which now even some of those who are climate-minded understand is an abundant energy source. I’m also interested in new technologies in geothermal where it can be viable in more places than we thought. You can drill down and tap hot rocks, a basin of water, turn a turbine, and that’s more acceptable for those who care about the climate. And states are looking at it, including my state of Arkansas. I bring these up because I also care about sources that provide firm, consistently available power.
We attended the American Legislative Exchange Council, and one of the things we do, we’re voting members on the energy, environment, and agriculture task force. We’re pro letting the market decide what they need. So we took opposite stances from what people typically consider normal standards on the center-right about banning “net-zero” for local governments. It did pass as model legislation but if we believe “all of the above” is the approach, we also want to be principally correct to ourselves that it doesn’t mean banning wind or solar where it’s viable.
My last question: What’s your thought on the future of politics around AI infrastructure and energy generation for it?
There’s definitely headwinds to those in that industry. I think the sense is, they understood what they wanted and didn’t see any barriers to the way they’d go about it. That’s causing ripple effects in our politics at the local level, including here in Arkansas, where I live in Pulaski County. I think it’ll stay important particularly as it connects to affordability concerns around energy. We know we need more energy, but we want it at the lowest cost possible to the residential side. If people are feeling like data centers are driving the demand for the energy and aren’t on the hook for it, that’s going to position them to be more negative towards the technology.
But we have to expand the conversation. There are folks out there talking about 3D printing for homes, using proprietary cement mixes to build homes in a few weeks when they took months. Agriculture is using robotics in lieu of pesticides and herbicides. Advanced manufacturing is improving the quality of medical equipment. No one completely understands the end goal of new energy to fuel the data centers and AI to get us where there’s a net benefit to them.
Plus more of the week’s biggest development fights.
1. Shelby County, Alabama — The Trump administration’s widening effort to intervene in rural energy project fights is facing an early test: What happens if companies don’t take it seriously?
2. Ozaukee County, Wisconsin — Speaking of walls, we just saw the political power of the data center resistance hit one in the Badger State.
3. Everywhere in Texas — Texas Governor Greg Abbott is getting a lot of love for his data center standards, with major developers rolling out press statements claiming they’ll comply.
4. Herkimer County, New York — Something weird is going on in upstate New York with a monastery, a wind farm, and the Trump administration. I’m not sure what to make of it yet.
Renewable and pipeline companies alike have come out against the administration’s attempt to leverage an obscure Cold War-era law.
The Trump administration is considering changing its interpretation of an obscure law related to farmland ownership to transform it into a national security instrument with profound impacts for U.S. renewables projects — and fossil fuels. U.S. energy developers and their trade groups are ringing alarms about the plan, arguing that Trump may be about to undermine their relationships with international investors in allied nations.
For the past week, I’ve been hearing anxious rumbling from contacts in D.C. about a proposed regulation from the Agriculture Department published on June 26. The plan has gotten little attention so far outside of energy trade publications and wonk analysis. Pay no mind to the relative quiet — anyone working in energy development needs to know what’s at stake. Explaining why this is sending D.C. energy lobbyists into a tizzy gets complicated quickly, so bear with me. But the easiest way to sum it up is a fear of death by a thousand cuts.
The administration’s proposal would morph USDA’s approach to the Agricultural Foreign Investment Disclosure Act of 1978, often referred to in legal circles by the acronym AFIDA. This Cold War-era statute created a system for collecting information on farmland owned by people or entities born, headquartered, or otherwise governed by laws outside of the United States, requiring people or companies labeled “foreign persons” to disclose land holdings and transactions to the federal government.
As I reported Monday, Senate Democrats claim the department is proposing to expand the definition of “agricultural land” to include all solar and wind projects, as well as pipelines. I’ve since confirmed this is true, as stated in a supplemental document released by USDA. But there’s a lot more causing companies headaches. The plan would drastically expand the pool of entities and people required to report to USDA by lowering the minimum foreign investment threshold for reporting, compel information on rights of ways when it wasn’t asked for before, and force companies to do detailed geospatial mapping of farmland.
You may not have heard of AFIDA, but security hawks in D.C. and the most affected multi-national companies have been agitating to reform the law for years. Their concerns have focused primarily on Chinese firms and the agriculture sector. In 2022, Republicans in Congress anxious about Chinese companies purchasing farmland near military bases requested an independent Government Accountability Office audit of AFIDA compliance. Two years later, the watchdog office found the law was falling significantly short of its stated objective to track relevant land transactions.
Representatives from the energy sector tell me the actual proposed changes would create a severe red tape headache for developers of all stripes.
Over the past week, almost every major industry trade group in renewables and fossil fuels has filed a comment excoriating the plan, with even some oil and gas allies such as the Western Energy Alliance calling for it to be thrown onto the trash heap. The American Petroleum Institute and Interstate Natural Gas Association of America told the USDA that the plan would “chill foreign investment in U.S. energy infrastructure and increase the cost of capital for pipeline projects with no benefit to national security.”
Meanwhile, renewable energy industry representatives seemed particularly frightened by the proposal given existing financial relationships with investors, parent companies, and business partners in U.S.-aligned nations. American Clean Power said it would burden “good faith, low-risk filers from allied countries,” while the Solar Energy Industries Association said the proposal warranted “a full withdrawal” as it had “unintended national security consequences and [would] unnecessarily expose business sensitive information.”
So far, only one large publicly-traded renewables company has commented with criticisms of the proposal: EDP Renewables North America, a subsidiary of a Portuguese company. “We respectfully urge USDA to carefully weigh the compliance burdens imposed by each proposed change against the incremental national security benefit it provides,” wrote Tom LoTurco, an executive vice president for EDP Renewables North America.
Those calling for reform have wanted to streamline the filing process, not add even more bureaucracy. “Solar and wind, they’ve long been considered agricultural land users. But under this rule, costs are going to go way up,” Jeff Hunter, an attorney with Kelley Drye and Warren LLP, told me. “It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.” Hunter represents the AFIDA Modernization Coalition, an ad hoc coalition of companies that routinely file under the law. Hunter said the coalition includes founders Invenergy and Doral Renewables, both of which have substantial renewables investments in the U.S. as well as investment originating from other countries.
“It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.”
Many large renewable energy companies have substantial foreign investment because of the European trend towards ESG-minded financing practices, Hunter added. The law was already on developers’ radars, but this proposal presents a wholly different regime.
As Trump re-entered office, it was reasonable to expect his administration would attempt to “protect farmland” from renewable energy development given the issue’s salience in deep red rural pockets of his supporter base. Still, when the Agriculture Department last May released a “National Farm Security Action Plan” stating that it would change AFIDA regulations, I didn’t think much of it. The plan didn’t mention the energy sector at all.
In December USDA solicited public comments on ways to change the rules, but it was a sleepy affair with little conflict involving renewables or anything else. Even the Center for Regulatory Freedom, a conservative policy shop created by the political organization CPAC, sought changes while emphasizing the “United States benefits from foreign capital in agriculture, renewable energy, and rural development, and AFIDA should not become a blunt instrument that discourages lawful and economically beneficial transactions.”
All this is to say, nobody seemed to anticipate the bomb USDA suddenly dropped on the energy industry.
The plan may change between proposal and implementation. But so far only one organization I know of is focused on ensuring that solar and wind are targeted under the new rulemaking: the America First Policy Institute, a Trump-aligned think tank co-founded by Brooke Rollins, the current Secretary of Agriculture. In comments filed by AFPI’s Adam Savit, the conservative think tank recommended the government preserve “the inclusion of solar and wind generation on agricultural land” because it “prevents the conversion of reportable land into unreportable land through a change in use.” The group’s comments did not address the rule’s references to pipelines.
I asked AFPI to ask if it had any additional comment on the rulemaking, and specifically if it had any view on the new definition for agricultural land. In a statement provided by the think tank, its senior director for China policy Piero Tozzi told me that “the proposed change is necessary to address who owns the land and what control it gives the owner.”
“The current reporting framework for foreign acquisition of American farmland before land was understood as a potential strategic perch for foreign adversaries,” Tozzi said.
The Agriculture Department rarely comments on public input received on proposed rulemakings and did not respond to a request for comment for this story. On Monday, the agency sent me the following statement in response to the Senate Democrats’ claims: “As Secretary Rollins has noted before, the regulations governing the Agricultural Foreign Investment Disclosure Act of 1978 are extremely outdated and need to be updated to better reflect today’s conditions. USDA looks forward to considering all public comments before finalizing the rule.”