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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.
NOAA
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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On Trump’s ‘windmill’ ban, FEMA turnover, and PNW power
Current conditions: Physical activity is “discouraged” at the Grand Canyon today as temperatures climb toward 110 degrees Fahrenheit • Tropical Storm Wutip could dump 7 inches of rain in six hours over parts of Vietnam • Investigators are looking into whether this week’s triple-digit heat in Ahmedabad, India, was a factor in Thursday’s deadly plane crash.
Noah Buscher/Unsplash
President Trump said Thursday that his administration is “not going to approve windmills unless something happens that’s an emergency.” The comments — made during the White House East Room signing of legislation overturning California’s authority to set its own car pollution standards — were Trump’s clearest confirmation yet of my colleague Jael Holzman’s reporting, which this week found that “the wind industry’s worst fears are indeed coming to pass.” As Jael went on in The Fight, the Fish and Wildlife Service and the U.S. Army Corps of Engineers have “simply stopped processing wind project permit applications after Trump’s orders — and the freeze appears immovable, unless something changes.”
Trump justified the pause by adding that “we’re not going to let windmills get built because we’re not going to destroy our country any further than it’s already been destroyed,” repeating his long-held grievance that “you go and look at these beautiful plains and valleys, and they’re loaded up with this garbage that gets worse and worse looking with time.” Trump’s aesthetic objections have already blocked at least three wind projects in New York alone — a move that has impacts beyond future energy generation, Jael further notes. According to the Alliance for Clean Energy New York, the policy has impacted “more than $2 billion in capital investments, just in the land-based wind project pipeline, and there’s significant reason to believe other states are also experiencing similar risks.” Read Jael’s full report here.
Turnover at the Federal Emergency Management Agency continued this week after the head of the National Response Coordination Center — responsible for overseeing the federal response to major storms — submitted his resignation, CBS News reported Thursday. Jeremy Greenberg, who’s worked various roles at FEMA for nearly a decade, will stay on for another two weeks but ultimately depart less than a month into hurricane season. “He’s irreplaceable,” one current FEMA official told CBS News, adding that “the brain drain continues and the public will pay for it.” Greenberg’s resignation follows comments President Trump made to the press earlier this week about the need to “wean off of FEMA” after hurricane season is over in November. “A governor should be able to handle” disaster response, the president told reporters on Tuesday, “and frankly, if they can’t handle it, the aftermath, then maybe they shouldn’t be governor.”
Also on Thursday, President Trump issued a presidential memorandum revoking a $1 billion Biden-era agreement to restore salmon and invest in tribally sponsored clean energy infrastructure in the Columbia River Basin, The Seattle Times reports. Biden’s agreement had “placed concerns about climate change above the nation’s interests in reliable energy sources,” the White House claimed.
The 2023 agreement resulted from three decades of opposition to the dams on the Lower Snake River by local tribes and environmental groups. While the Biden administration hadn’t committed to a dam removal, it did present a potential pathway to do so, since Washington State politicians have said that hydropower would need to be replaced by another power source before they’d consider a dam removal plan. The government’s billion-dollar investment would have aided in the construction of up to 3 gigawatts of alternative renewable energy in the region. Kurt Miller, the CEO of the Northwest Public Power Association, celebrated Trump’s action, saying, “In an era of skyrocketing electricity demand, these dams are essential to maintaining grid reliability and keeping energy bills affordable.” But Washington Senator Patty Murray, a Democrat, vowed to fight the “grievously wrong” decision, arguing, “Donald Trump doesn’t know the first thing about the Northwest and our way of life — so of course, he is abruptly and unilaterally upending a historic agreement.”
Two years after we wrote the eulogy for the Chevrolet Bolt EV — “the cheap little EV we need” — General Motors has announced that it will launch the second generation of the car for the 2027 model year. Though “no other details were provided about this next iteration of the Bolt,” Car and Driver wrote that “we expect it to continue as a tall subcompact hatchback, although it could be positioned as a subcompact SUV like the previous generation's EUV model.” A reveal could be coming in the next several months ahead of a likely on-sale date in mid-2026.
Energy developer Scale Microgrids announced Thursday that its latest round of financing, which closed at $275 million, has brought its total to date to over $1 billion. KeyBanc Capital Markets, Cadence Bank, and New York Green Bank led the round, with Greg Berman, the managing director in KeyBanc Capital Markets Utilities, saying in a statement, “We value our relationship with Scale and congratulate their team as they execute on their strategy to deliver high-quality distributed energy assets to the market.” Scale Microgrids said the financing will “support 140 megawatts of distributed generation projects, including microgrids, community-scale solar and storage, and battery storage installations,” many of which are already under construction in the Northeast and California.
“Our best chance is to get a group of critical mass of Republican senators to go to [Senate Majority Leader John] Thune and [Senate Finance Committee Chair Mike] Crapo and say, You’ve got to change this. We can’t vote for it the way it is.” —Democratic Majority Leader Chuck Schumer in conversation with Heatmap’s Robinson Meyer about the Senate math and strategy behind saving the Inflation Reduction Act.
And more of the week’s top news about renewable energy fights.
1. Jefferson County, New York – Two solar projects have been stymied by a new moratorium in the small rural town of Lyme in upstate New York.
2. Sussex County, Delaware – The Delaware legislature is intervening after Sussex County rejected the substation for the offshore MarWin wind project.
3. Clark County, Indiana – A BrightNight solar farm is struggling to get buy-in within the southern region of Indiana despite large 650-foot buffer zones.
4. Tuscola County, Michigan – We’re about to see an interesting test of Michigan’s new permitting primacy law.
5. Marion County, Illinois – It might not work every time, but if you pay a county enough money, it might let you get a wind farm built.
6. Renville County Minnesota – An administrative law judge has cleared the way for Ranger Power’s Gopher State solar project in southwest Minnesota.
7. Knox County, Nebraska – I have learned this county is now completely banning new wind and solar projects from getting permits.
8. Fresno County, California – The Golden State has approved its first large-scale solar facility using the permitting overhaul it passed in 2022, bypassing local opposition to the project. But it’s also prompting a new BESS backlash.
A conversation with Robb Jetty, CEO of REC Solar, about how the developer is navigating an uncertain environment.
This week I chatted with REC Solar CEO Robb Jetty, who reached out to me through his team after I asked for public thoughts from renewables developers about their uncertain futures given all the action in Congress around the Inflation Reduction Act. Jetty had a more optimistic tone than I’ve heard from other folks, partially because of the structure of his business – which is actually why I wanted to include his feelings in this week’s otherwise quite gloomy newsletter.
The following conversation has been lightly edited for clarity. Shall we?
To start, how does it feel to be developing solar in this uncertain environment around the IRA?
There’s a lot of media out there that’s oftentimes trying to interpret something that’s incredibly complex and legalese to begin with, so it’s difficult to really know what the exact impacts are in the first place or what the macroeconomic impacts would be from the policy shifts that would happen from the legislation being discussed right now.
But I’ll be honest, the thing I reinforce the most right now with our team is that you cannot argue with solar being the lowest cost form of electrical generation in the United States and it’s the fastest source of power generation to be brought online. So there’s a reason why, regardless of what happens, our industry isn’t going to go away. We’ve dealt with all kinds of policy changes and I’ve been doing this since 2002. We’ve had lots of changes that have been disruptive to the industry.
You can argue some of the things that are being discussed are more disruptive. But there’s lots of things we’ve faced. Even the pandemic and the fallout on inflation and labor. We’ve navigated through hard times before.
What’s been the tangible impact to your business from this uncertainty?
I would say it has shifted our focus. We sell electricity to our customers that are both commercial customers, using that power behind the meter and on site for their own facilities, or we’re selling electricity to utilities, or virtually through the grid. Right now we’ve shifted some of our strategy toward the acquisition of operating assets instead of buying projects from other developers that could be more impacted by the uncertainty or have economics that are more sensitive to the timing and uncertainty that could come out of the policy. It’s had an impact on our business but, back to my earlier comment, the industry is so big at this point that we’re seeing lots of opportunity for us to provide value to an investor.
As a company that works in different forms of solar development – from small-scale utility to commercial to community solar – do you see any changes in terms of what projects are developed if what’s in the House bill becomes law?
I’m not seeing anything at the moment.
I think most of the activity I’ve been involved in is waiting for this to settle. The disruption is the volatile nature, the uncertainty. We need certainty. Any business needs certainty to plan and operate effectively. But I’m honestly not seeing anything that’s having that impact right now in terms of where investment is flowing, whether its utility scale to the smaller behind-the-meter commercial scale we support in certain markets.
We are seeing it in the residential side of the solar industry. Those are more concerning, because you only have a short amount of time to claim the [investment tax credit] ITC for a residential system.