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Climate

Fires, Floods, and Federal Court

On a Minnesota dam, a California utility, and a Utah railway.

Fires, Floods, and Federal Court
Heatmap Illustration/Getty Images

Current conditions: Deadly flooding in parts of the Midwest is forecast to worsen Tuesday before rivers crest midweek • Northern China remains in drought as the southern province of Guangdong suffers flooding, landslides, and mudslides • Western India braces for heavy rains.

THE TOP FIVE

1. SCOTUS takes on NEPA

The U.S. Supreme Court is due to close out its latest session this week (although decisions could stretch into July), and court- and climate-watchers are expecting it to issue a death blow to a legal precedent called the Chevron deference, which gave federal agencies wide latitude to interpret their mandates where the law was vague. More than 19,000 federal court decisions rest on Chevron as a binding precedent, according to the Center for American Progress, and ending it would add to the already hefty legal burden of defending climate regulations.

But wait, there’s more! On Monday, the court agreed to take up a case that could determine whether federal agencies can consider a project’s indirect emissions when evaluating its environmental impacts. The case concerns a proposed railway that would transport oil in northeast Utah, which had its approval from the Surface Transportation Board thrown out by a federal appeals court last year. The appeals court ruled that the agency’s environmental review failed to assess how the railway would affect future oil development, along with several other environmental considerations. A group of Utah counties say those impacts are beyond the agency’s obligations under the National Environmental Policy Act.

A decision by the Supreme Court, which is expected to hear arguments in the fall, has the potential to apply not only to railways but also to many other projects regulated by the federal government, including pipelines and shipping ports.

2. Midwest floods leave path of destruction

A railroad bridge connecting Sioux City, Iowa, and North Sioux City, South Dakota, collapsed late Sunday amid flooding in the Midwest that also put a Minnesota dam in “imminent failure condition,” officials said.

The bridge, owned by BNSF Railway, spanned the Big Sioux River, where the water was about 45 feet high as of Monday morning — surpassing the previous record by more than 7 feet.

Minnesota’s Rapidan Dam on the Blue Earth River suffered a “partial failure” on Monday after water breached the west side of the dam and washed away an Xcel Energy substation. The Blue Earth County Sheriff's Office said on Facebook that it doesn’t know whether the dam will hold but that “there are no current plans for a mass evacuation.”

3. A California utility bets big on enhanced geothermal

The enhanced geothermal startup Fervo, which uses techniques borrowed from fracking oil and gas to access heat below the earth's surface to generate electricity, said today that it had signed the “world’s largest” geothermal power purchase agreements. The two deals with Southern California Edison, a California utility, add up to 320 megawatts from the company's Utah site. California utilities are mandated by the state energy regulator to buy 1,000 megawatts of non-weather-dependent power with no greenhouse gas emissions, for which geothermal fits the bill. The power will start flowing, Fervo said, by 2026 and will be fully up and running by 2028.

4. Study: Extreme wildfires are multiplying

Extreme wildfires have doubled in intensity and frequency over the past two decades due to climate change, according to a new study. The research, published in the journal Nature Ecology & Evolution, used satellite data to measure the occurrence of particularly powerful wildfires between 2003 and 2023. It found that such extreme events increased 2.2-fold during that period, with six of the past seven years ranking among the worst.

The changes aren’t uniform across biomes: Temperate conifer forests and boreal forests, both of which are prevalent in North America, are among the hardest hit. A report released last fall by Democrats on the Senate’s Joint Economic Committee showed the staggering cost of the fires to the United States. Accounting for damage to timber stocks and watersheds, smoke damage, lost income, and diminished real estate value on top of the property and insurance costs, the report found that fires cost the U.S. as much as $893 billion per year.

Chart showing cost of fire damage.Senate Joint Economic Committee Democrats

5. Coal plants’ reliability is diminishing

Coal plants are becoming less dependable as they age, the North American Electric Reliability Corporation said in its 2024 State of Reliability report. Coal plants’ weighted equivalent forced outage rate — defined as as “the probability that a group of units will not meet their generating requirements because of forced outages or forced derates,” with more weight given to larger generating units — was about 12% in 2023, compared with an average of 10% between 2014 and 2022, Jack Norris, a performance analysis engineer with NERC, told reporters. Norris said most other generation sources “have remained within a percentile over the same period,” while coal’s outage rates have been on the rise, Utility Dive reported. Rising maintenance needs and pressure to accommodate variable energy sources are also “having a negative impact on these units’ reliability,” Norris said.

THE KICKER

Germany will likely stop using coal before 2038 “just due to the economic viability,” the country’s climate envoy said Monday.

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Energy

Trump Wants to Prop Up Coal Plants. They Keep Breaking Down.

According to a new analysis shared exclusively with Heatmap, coal’s equipment-related outage rate is about twice as high as wind’s.

Donald Trump as Sisyphus.
Heatmap Illustration/Getty Images

The Trump administration wants “beautiful clean coal” to return to its place of pride on the electric grid because, it says, wind and solar are just too unreliable. “If we want to keep the lights on and prevent blackouts from happening, then we need to keep our coal plants running. Affordable, reliable and secure energy sources are common sense,” Chris Wright said on X in July, in what has become a steady drumbeat from the administration that has sought to subsidize coal and put a regulatory straitjacket around solar and (especially) wind.

This has meant real money spent in support of existing coal plants. The administration’s emergency order to keep Michigan’s J.H. Campbell coal plant open (“to secure grid reliability”), for example, has cost ratepayers served by Michigan utility Consumers Energy some $80 million all on its own.

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Spotlight

The New Transmission Line Pitting Trump’s Rural Fans Against His Big Tech Allies

Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.

Donald Trump, Maryland, and Virginia.
Heatmap Illustration/Getty Images

A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.

The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.

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Hotspots

Trump Punished Wind Farms for Eagle Deaths During the Shutdown

Plus more of the week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.

  • On November 3, Fox News published a story claiming it had “reviewed” a notice from the Fish and Wildlife Service showing that it had proposed fining Orsted more than $32,000 for dead bald eagles that were discovered last year at two of its wind projects – the Plum Creek wind farm in Wayne County and the Lincoln Land Wind facility in Morgan County, Illinois.
  • Per Fox News, the Service claims Orsted did not have incidental take permits for the two projects but came forward to the agency with the bird carcasses once it became aware of the deaths.
  • In an email to me, Orsted confirmed that it received the letter on October 29 – weeks into what became the longest government shutdown in American history.
  • This is the first action we’ve seen to date on bird impacts tied to Trump’s wind industry crackdown. If you remember, the administration sent wind developers across the country requests for records on eagle deaths from their turbines. If companies don’t have their “take” permits – i.e. permission to harm birds incidentally through their operations – they may be vulnerable to fines like these.

2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.

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