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Two international law experts on whether the president can really just yank the U.S. from the United Nations’ overarching climate treaty.

When the Trump administration moved on Wednesday to withdraw the U.S. from the United Nations Framework Convention on Climate Change, we were left to wonder — not for the first time — can he really do that?
The UNFCCC is the umbrella organization governing UN-organized climate diplomacy, including the annual climate summit known as the Conference of the Parties and the 2015 Paris Agreement. The U.S. has been in and out and back into the Paris Agreement over the years, and was most recently taken out again by a January 2025 executive order from President Trump. The U.S. has never before attempted to exit the UNFCCC — which, unlike the Paris Agreement, it joined with the advice and consent of the Senate.
Whether or not a president can unilaterally remove the U.S. from a Senate-approved treaty is somewhat uncharted legal territory. As University of Pennsylvania constitutional law professor Jean Galbraith told me, “This is an issue on which the text of the constitution is silent — it tells you how to make a treaty, but it doesn’t tell you anything about how to unmake a treaty.” Even if a president can simply withdraw from a treaty, there’s still the question of what happens next. Could a future president simply rejoin the UNFCCC? Or would they again need to seek the advice and consent of the Senate, which would require getting 67 senators to agree that international climate diplomacy is a worthy enterprise? And what does all of this mean for the future of the Paris Agreement? Is the U.S. locked out for good?
In an attempt to wrap my head around these questions, I spoke to both Galbraith and Sue Biniaz, a lecturer at Yale School of the Environment and a former lead climate lawyer at the State Department who worked on both the Paris Agreement and the UNFCCC. Biniaz and Galbraith were part of a 2018 symposium on the question of treaty withdrawal that was prompted, in part, by Trump’s first attempt to remove the U.S. from the Paris Agreement, during his first term in the White House. Those conversations led Galbraith to consider the question of rejoining treaties in a 2020 Virginia Law Review article. Suffice it for now to say that both questions are complicated, but we dig into the answers to both and more in our conversation below.
Interviews have been edited for length and clarity.
At the most basic level, what are the constitutional questions at play in an executive withdrawal from the UNFCCC?
Galbraith: Typically, the U.S. president needs to think about both international law and domestic law. And as a matter of international law, there is a withdrawal provision in the UNFCCC that says you can withdraw after you’ve been in it for a few years, after one year of notice. Assuming they give their notice of withdrawal and wait a year, this is an issue on which the text of the constitution is silent — it tells you how to make a treaty, but it doesn’t tell you anything about how to unmake a treaty.
And we have no definitive answer from the courts. The closest they got to deciding that was in a case called Goldwater v. Carter, which was when President Carter terminated the mutual defense treaty with Taiwan. That was litigated, and the Supreme Court ducked — four justices said this is a political question that we’re not going to resolve, and one justice said this case is not ripe for resolution because I don’t know whether or not Congress likes the withdrawal. There was no majority opinion, and there was no ruling on the merit for the constitutional question.
Presidents have exercised the authority to withdraw the United States from various international agreements. So in practice, it happens. The constitutionality has not been finally settled.
Both Trump administrations have removed the U.S. from the Paris Agreement, but the Paris Agreement was not a Senate-ratified treaty, whereas the UNFCCC is. How does that change things?
Galbraith: The text of the constitution only clearly spells out one way to make an international treaty, in the treaty clause [of Article II]. When you make an Article II treaty, it’s signed by the president and secretary of state. It goes over to the Senate; the Senate provides advice and consent — the U.S. is still not in it. At that point, the president has to take a final act of ratifying the treaty, which means depositing the instrument of ratification with the international depository, and that’s the moment you’re in. And it’s perfectly permissible for a president after the Senate has given advice and consent not to ratify a treaty, or to leave those resolutions of advice and consent for years and then go ahead and ratify.
In practice, you have all these kinds of other ways of making [a treaty]. You have what happened with the Paris Agreement, where the president does it largely on their own authority, but maybe pointing to pre-existing facts of, say, the UNFCCC’s existence. You have some international agreements that have been negotiated, then taken to Congress rather than to the Senate. Sometimes you have Congress pass a law that says, Please make this kind of agreement. So you have a lot of different pathways to making them. And I think there is a story in which the pathway to making them should be significant in thinking about, what is the legitimate, constitutional way for exiting them?
To me, it’s pretty obvious that if you don’t get specific approval for an agreement in the first place, then you should be able to unilaterally withdraw, assuming you’re doing so consistent with international law. I think the concerns around the constitutionality of withdrawal are more significant for the UNFCCC than they are for the Paris Agreements. But there nonetheless is this fairly strong body of practice in which presidents have viewed themselves as authorized to withdraw without needing to go to Congress or the Senate.
Biniaz: The Senate doesn’t ratify. It sounds like a detail, but the Senate basically authorizes the president to ratify — they give their advice and consent. And that’s important because it’s not the Senate that decides whether we join an agreement. They authorize the president, the president does not have to join. And that becomes relevant when we talk about withdrawing and rejoining.
We did not address, when we sent up the framework convention, whether it was legally necessary to send it to the Senate. But we sent it in any event, and it was approved basically unanimously by the full Senate back in 1992. With respect to the Paris Agreement, there are a lot of different considerations when you’re trying to figure out whether something needs to go to the Senate or not, but the fact that we already had a Senate-approved convention changed the legal calculus as to whether this Paris Agreement needed to go to the Senate. And then when the Paris Agreement ended up essentially elaborating the convention and the targets were not legally binding, we decided we could do it as an executive agreement. There was some quibbling in some quarters — more from a political point of view than a legal point of view — but I didn’t hear any objection from a legal point of view.
Now, in terms of withdrawing from an agreement, whether or not an agreement has been approved by the Senate, my view would be: The president can withdraw unilaterally. That is the mainstream view. It’s certainly the view that the president can withdraw unilaterally from an agreement that didn’t even go to Congress, like the Paris Agreement. And in part, that’s for the reasons that I mentioned. The Senate is not deciding to join the agreement — they’re authorizing, but it’s up to the president whether to actually join, and the president does that unilaterally. And then the mirror image of that would be he or she can withdraw unilaterally.
There’s a related legal question that has not been litigated, which is if Congress passes a law that says, Thou shalt not withdraw from a particular agreement, would that law be constitutional? Some would say no, because the president can withdraw, and so the Congress can’t fetter that right. So that’s like uncharted waters, but that’s not a live issue in this case.
Trump took the U.S. out of the Paris Agreement. Biden put the us back into the Paris Agreement. Trump then took us out of the Paris Agreement again, and is now withdrawing the U.S. from the umbrella organization of the Paris Agreement. I assume that would complicate the efforts of a future president to rejoin the Paris Agreement. Would it be possible for them to rejoin the framework convention? What would have to happen?
Galbraith: So first, the framework convention is the gateway to the Paris Agreement. There’s a provision in the Paris Agreement that says, in order to be in the Paris Agreement, you’ve got to be in the framework convention. And so as a matter of international law, in order to rejoin the Paris Agreement — at least unless it were dramatically amended, which is its own unlikely thing — you would need to be a member of the UNFCCC, which does mean that the question of how you rejoin the UNFCCC becomes significant. We have very little practice on any kind of rejoining. I myself think that the president could simply rejoin the UNFCCC by pointing back to the original Senate resolution of advice and consent to it. You could go back to the Senate. You could ask Congress for a resolution.
My own view is that if the president withdraws the U.S., well, they still have on the books this resolution in which the Senate has consented to ratification — they want to go back in, they go back in. I think this is pretty logically clear, but also an important constraint on presidential power. Because it’s a much more concerning increase in presidential power if you have to do all the work of getting two-thirds of the Senate, then any president can, just at the snap of their fingers, take you out, and you have to go all the way back to the beginning.
Biniaz: There are many options. One is a straightforward option: You go back to the Senate, get 67 votes. Another would be you get both houses of Congress to authorize it [on a majority vote basis]. Another would be — and there may be more — but another would be the idea that the original Senate resolution which we used in 1992 to join still exists, and nothing has extinguished it. And there the analogy would be to a regular law.
There’s several laws in the United States that authorized the president to join some kind of international body or institution. There’s a law that authorizes the president to join the International Labor Organization. There’s a law that authorized the president to join UNESCO. In both of those cases, the U.S. has been in and out and back in — and I think in one case, at least, back out. No one has batted an eye because, well, it’s a law. So the question there would be, is there any reason why a Senate resolution would be any different? Professor Galbraith explores in her law review article that exact question, and concludes that, no, there shouldn’t be a difference — I’m simplifying, but that’s the gist. And under that theory, yeah, a future president could rejoin the convention on his or her own, utilizing that authority, and then after having rejoined the convention, rejoin the Paris Agreement.
So you mentioned that there’s a provision in the UNFCCC that says you have to give notice that you’re exiting, and you wait a year, and then you exit. What does not waiting a year look like?
Galbraith: It can happen that an entity will announce its exit and then violate international law by violating the treaty terms during that one-year period. If there are, say, reporting obligations that the United States has, it would be a violation of international law not to meet those during the period while you’re still a party to the treaty.
This is obviously an escalation of Trump’s previous actions to withdraw from the Paris Agreement, in the sense that it cuts off the path to rejoining that. What does this tell us about the way the Trump administration views its position within global climate diplomacy, and also the international community, period?
Galbraith: It adds to the impression that we already see other contexts, which is that the second Trump administration is even less inhibited and climate-aware than the first administration was — which is really saying something, right? This is an escalation of a position that was already an international outlier. Every other country is in these things, and it shows a real, powerful, and deeply upsetting failure to address the crisis of the global commons.
Biniaz: The way I think about it is that, during Trump 1, it was more like there was an absence of a positive — so in other words, the administration continued to participate in negotiations. They were not pressing countries to take climate action, but neither were they pressing countries not to take climate action. This administration, you could think of it as not just the absence of a positive, but the presence of a negative. I don’t mean that in any judgmental sense. I just mean there’s been much more of an active push from the administration for others to sort of follow suit or to vote against climate-related agreements such as at the [International Maritime Organization]. That’s quite a difference between 1 and 2.
Going into this past year’s COP, it seemed like there was already a sense that international climate diplomacy was, if not dead, at least the wind had come out of the sails. Do you agree? And if so, do you think that wind will come back?
Biniaz: You have to think of international climate diplomacy very broadly. It’s not just the UNFCCC Paris Agreement and decisions that are taken by consensus. That was pretty thin gruel that came out of COP30. But if you think of international climate diplomacy more broadly as all kinds of initiatives, coalitions that are operating among subgroups of countries and at all levels of stakeholders, there’s really a lot going on in what people call the real world. I think over the next couple of years, the proportion of action that’s taken officially, by consensus, dips somewhat, and action goes up. And maybe that balance shifts over time. But I think it’s wrong to judge climate diplomacy simply by what was achievable by 197 countries, because that’s always going to be the hardest to achieve, with or without the United States.
I think it’s more difficult without a pro-climate U.S. because of the role the U.S. has historically played, in terms of promoting ambition and brokering compromises and that kind of thing. But I don’t think, if you only look at that, it’s not the right metric for judging all of global climate diplomacy.
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My colleague Emily Pontecorvo has a fascinating story today about Net Power, an energy and power development company whose technology once seemed key to decarbonizing the country’s electricity grid.
When Net Power went public in 2023, it was working on a natural gas-burning power plant that would generate little to no emissions in part by using carbon capture and storage. Its invention seemed to have big implications, and not just for the company’s bottom line: Back then, the Environmental Protection Agency was drafting climate rules that would have required new natural gas plants built in the 2030s to capture their carbon dioxide emissions. Net Power’s technology seemed like one of the best available ways to meet that standard.
Cut to 2026, and the world looks different. Thanks to the artificial intelligence boom, electricity demand is surging. But Net Power hasn’t successfully commercialized its proprietary power plant technology. Even if it had, few companies are willing to pay the high premium required by Net Power’s technology, especially when cheaper options are available. And the government certainly isn’t going to require it. Emily’s story reveals what happened next.
When I helped start Heatmap more than three years ago, I never thought I would write this much about data centers. I believed that electricity demand growth was inevitable, sure, and I thought the U.S. power grid had to expand for the country to decarbonize. But I didn’t foresee such a staggering near-term surge in electricity demand. (To be fair, even long-time students of the computing industry’s energy use didn’t see the coming increase, either.)
What I didn’t anticipate — or understand — were two fast-moving trends. The first was that the AI models were responding to scale: the more text or images they consumed, or training they received, or (crucially) computational power they had access to, the better they got. The second was that Wall Street was happy to pay to continue that speedy scale-up. As long as models kept getting better, investors were willing to keep lending or investing more money to the companies making them. Through the power of those two scaling functions, the data center boom became one of the biggest infrastructure buildouts in American history.
In recent days, the second of those trends has started to falter. After a surprisingly hot inflation report last week, and a disclosure on Wednesday evening that Meta has gone free cash flow negative to finance its ongoing AI buildout, stocks with any proximity to AI or data centers stumbled on Wall Street today. The data center developers Coreweave and Vistra were each down about 10%, while Microsoft, Alphabet, and Nvidia all fell in daily trading. Meta’s stock lost almost 7% of its value; GE Vernova, which produces gas turbines, was down 10%.
These declines look more significant when you zoom out. Since late June, a good chunk of the AI portfolio has sagged into the red. Coreweave’s stock is down 54% over the past six months. Alphabet and GE Vernova have also posted declines since the summer. (The trend isn’t uniform: Nvidia and Microsoft are still very much in the green.)
None of this, to be sure, guarantees that the AI boom is ending or even slowing down. But this finance-applied friction is what such a slowdown could look like. Investors aren’t (yet) saying that AI is a business dud, to be clear, just that companies perhaps don’t need to go and construct all this stuff so fast. And given what the data center buildout has meant for energy construction — not to mention greenhouse gas emissions — that’s a trend nobody in climate or energy can ignore.
The zero-emission pioneer is doing the dirty work for the AI boom.
All kinds of companies have refashioned themselves to exploit the AI boom. A bitcoin miner became a data center developer, a shoemaker is building GPUs, and an electric vehicle company is integrating its powertrains into server racks.
Now, a company that once aspired to build one of the lowest-emitting power plants has pivoted to building one of the dirtiest in order to meet data centers’ requirement for speed to power above all. Net Power was founded to pioneer a new form of natural gas power plant with zero emissions, but it has given up on that technology and recently acquired 10 natural gas reciprocating engines that it plans to co-locate with a data center on the site intended for its first commercial plant.
“We believe the clean piece is important,” Net Power CEO Danny Rice said during an August earnings call when he announced the company’s pivot to building unabated natural gas plants. “But just as it’s always been, it will only come at scale once society’s basic energy pillars of reliable, affordable power are fully in place. Power demand is outstripping supply today.”
Net Power’s pivot is a sign not only that the AI boom has eroded market appetite for clean power, but that U.S. policies supporting carbon capture — primarily the 45Q tax credit that President Trump’s One Big Beautiful Bill Act recently expanded — are still not enough to support the technology’s deployment in the power sector.
“The long history of doing CCS in the United States is there isn’t enough public funding to get companies to deploy it at scale,” Jack Andreasen Cavanaugh, a senior research associate at Columbia University’s Center on Global Energy Policy, told me.
This is actually the second major pivot the company has made in less than a year. Last November, Net Power was still testing its proprietary oxy-combustion technology at its demonstration site in La Porte, Texas. The tech was designed to burn natural gas in a chamber with pure oxygen, producing a purer stream of CO2 than when natural gas is burned in regular air. Net Power’s system could recycle some of that CO2 for power generation and capture the rest more efficiently than a conventional gas plant could. The company had not yet demonstrated that the system could generate more energy than it used, however.
By that point, Net Power had determined that its oxy-combustion plants, if they ever even did generate net power, would not be economically competitive anytime soon. In its 2025 Q3 financial report, the company said it had “decided to broaden the scope of its business” and develop more conventional natural gas plants with carbon capture equipment tacked on. It signed a letter of intent with Entropy, a Canadian company building “post-combustion” carbon capture equipment, to bring the tech to the United States, and ordered two 30-megawatt Siemens natural gas turbines for 2028 delivery.
“For us and everyone else in the power and data center space these days, speed is everything,” Rice said at the time. “We believe gas turbines with [post-combustion capture] can and should be the fastest-to-market and most cost-competitive clean, firm solution for our prospective customers.”
He told investors that rising costs were one of the setbacks Net Power faced in building its first-of-a-kind oxy-combustion plant. It was highly unlikely the company could finance and build a $1.7 billion, 200-megawatt plant before completing all its testing, he said. The best-case scenario for the plant to come online was 2030 or 2031, and costs might keep rising with inflation. The company could either bet on that prospect and keep bleeding cash, or “slow down that spending in order to free up some of our resources for near-term accretive opportunities.” As a public company with shareholders to answer to, there was really only one choice.
By the end of 2025, Net Power decided to suspend its oxy-combustion development and testing activities altogether, according to its year-end SEC filing.
Six months later, the company’s thesis changed again. Gas turbines with post-combustion capture, it turned out, were not the “fastest-to-market and most cost-competitive” solutions that the company had hoped they’d be. Whereas once upon a time, electricity buyers considered a range of factors when shopping around for power, including carbon emissions, the reality was that they were now only looking for three qualities: speed, reliability, and scale. “Natural gas power generation, co-located with customer load, and deployable on a fast timeline, is how we expect to meet that demand today,” Rice told investors, adding that the company hoped to add carbon capture to its projects in the future.
To date, only one proposed U.S. natural gas plant with carbon capture has announced a deal to sell its prospective power. In October 2025, Google signed a power purchase agreement with the Broadwing Energy Center, an Illinois plant under development by a company called Low Carbon Infrastructure.
“There is a massive demand for unabated gas right now, and there is much less of a demand for carbon capture,” Cavanaugh said. He told me there are still lots of conversations happening between hyperscalers and carbon capture companies, but the physical realities and costs of capturing, transporting, and storing carbon from natural gas plants remain obstacles.
The Global CCS Institute published its annual Global Status of CCS report this week, which found more than 266 carbon capture, transport, or storage projects are under development in the U.S., but permitting delays and policy uncertainty are stalling their progress. “Inflation and rising capital costs have weakened project economics, reducing the effectiveness of existing policies, such as tax and investment credits,” the report said.
That doesn’t mean there aren’t still companies trying. Net Power may have given up on oxy-combustion power plants for now, but Arbor Energy, a startup founded by former SpaceX engineers, is just ramping up. Arbor announced a milestone in the development of its own oxy-combustion power generator last week, running a key piece of its system — a supercritical CO2 turbocompressor — for more than two hours at high speeds.
Arbor differentiates itself by using 3D-printed turbines and developing smaller, more modular plants. It’s scaling more incrementally than Net Power tried to, starting with a 1-megawatt demonstration plant in California that is “weeks away” from operating, the company’s Chief Operating Officer Alicia Harmon told me — although the project won’t include carbon storage. It plans to build a 25-megawatt demonstration plant by 2028, also sans storage, before manufacturing commercial-scale systems.
Arbor actually went through a pivot of its own due to the data center boom. The founders originally planned to focus on bioenergy with carbon removal, using the oxy-combustion technology to generate power from biomass and storing the resulting CO2 underground. Over time, though, it became clear that demand for power outpaced demand for carbon removal, and natural gas was more abundant than biomass.
I asked Harmon whether the company thought there was market demand for carbon-capture gas plants. Is anyone willing to pay that green premium right now? “Honestly, my answer is no,” she said, but the company sees a path to erasing the green premium by the early 2030s. She added that Arbor’s technology is already “very close” to parity with combined-cycle natural gas plants when the 45Q tax credit is taken into account.
Last month, Net Power announced it had acquired 123 megawatts’ worth of Wärtsilä reciprocating engines, in addition to the Siemens turbines it had already ordered. Reciprocating engines are among the dirtiest natural gas power-generation technologies. A recent report from Earthjustice estimated that a 1-gigawatt plant powered by reciprocating engines would emit 1.5 times as much CO2 per year as one powered by the “combined cycle” technology most modern plants use, and twice as much nitrogen oxides and fine particulate matter. It has not yet disclosed any data center partners to sell the power to.
Net Power declined to comment on this story.
Ben Allen wants to reform the existing market. Jane Kim wants a revolution.
From Crescent City to Coronado, California voters are facing decisions on a down-ballot strewn with over a dozen propositions and a series of statewide Democrat-versus-Republican races with mostly foregone conclusions.
And then there’s the insurance commissioner.
In the race to oversee California’s insurance market, a $452 billion-in-premium-volume monster imperiled by insurer defections and disaster risks, Democratic State Senator Ben Allen, whose district includes Pacific Palisades, is facing off against Jane Kim, a progressive former San Francisco supervisor.
Kim has the support of Vermont Senator Bernie Sanders — it’s the first thing you see about her when you Google her campaign. She previously served as his California political director during the 2020 presidential race, and she appeared earlier this month at an event with the senator in support of the state’s proposed billionaire wealth tax.
Allen, by contrast, won the endorsement of the state’s Democratic Party and its two incumbent senators.
There has been little public polling of the race, but one September survey showed Kim leading Allen 25% to 18%, with more than half the electorate undecided.
“My opponent and I are not even running for the same office,” Kim told me. “He’s running for what this office used to be, and I’m running for what this office could be.”
Allen wasn’t worried about Kim’s characterization in my interview with him, telling me, “I want to fix the market that we have and make it work. My opponent wants to build a new state insurer that nobody has priced.”
Nowhere are the stakes of insurance regulation higher than in California. On its own, the state’s insurance market would be the third largest in the world, according to the National Association of Insurance Commissioners. Homeowner insurance premiums have risen 84% from the end of 2020 to March 2026, according to research from Stanford’s Climate and Energy Policy Program. Several large insurers have either left the market entirely or stopped writing new policies.
California’s creaky and complex regulatory environment for insurers has combined with its famously flammable environment (all beset by a warming climate) to put regular policyholders at risk of losing their policies or bailing out those who can’t get covered. “Climate risks grow, and our mechanisms for dealing with it lag behind,” Matt Weiner, the chief executive of the wildfire policy group Megafire Action, told me. (Weiner said he was supporting Allen in his personal capacity).
Rates for homes insured by the FAIR Plan, the barebones insurer of last resort, have more than doubled from about 2% to 5% over that same period, with FAIR Plan coverage spreading from just high-risk areas to even areas with low and moderate wildfire risk. The plan required a $1 billion assessment from the state’s insurers in 2025 following major Southern California fires. “This trend is a symptom of many homeowners’ inability to secure insurance in the conventional market,” according to the Stanford researchers.
Allen seeks to make the insurance market work better, building on reforms implemented by current Insurance Commissioner Ricardo Lara. Allen described the reforms, which encourage insurers to write policies in high-risk areas and allow them to use forward-looking projections, as a “bit of a band-aid” that doesn’t “actually get to the core of the problem, which is making these communities less risky.”
Allen’s plan for the California insurance market involves both reviewing rate proposals more quickly, incorporating more data into those rates (which may push rates up, but also keep insurers in the market), and mobilizing the whole of government to invest in home hardening and resilience to lower risk and bring premiums down. Allen wants to, well, insure “that risk reduction is actually incentivized and rewarded by the insurance market,” he told me.
This would mean that “there will continue to be certain properties that are going to be so high risk that they really will and ought to be paying significantly more than everybody else,” he added.
When I asked him to elaborate on his vision for California’s insurance future, he told me, “My hope is that when a family and a neighborhood commit to hardening defensible space and community-scale mitigation, that should show up on the bill.”
Jane Kim, on the other hand, is interested in an insurance revolution, which would require — as her most famous supporter might put it — a political revolution as well. Her centerpiece proposal will be familiar from anyone who has followed Sanders’ career: a single-payer disaster insurer.
The plan, which she told me was a “concept and a proposal,” would be funded by a levy placed on insurers, and then a public insurer would invest in the market, buy reinsurance, and pay out claims. (Her opponents have criticized her for not being forthcoming enough with details). She says her plan would not be able to cover a Palisades- or Altadena-level fire in its first year, “but no insurance company can cover a catastrophe of that level.”
The nonprofit nature of the program, she adds, would let the state fund mitigation work directly. While such a program would require legislative action, “the great thing about campaigns is that this is trying to debate big ideas with voters,” Kim said.
In response, Allen cited a report from the California Earthquake Authority, which modeled a state disaster insurer (albeit not Kim’s plan specifically) could require $25 billion in capitalization. A more thinly capitalized insurer could mean $2,000 assessments on every policyholder in the state to cover an extreme wildfire disaster, the report said. “That’s the honest price of what she’s proposing,” Allen said.
“I also have a plan that’s actually grounded in reality and fixing the problems right now. It's not based on some pie-in-the-sky set of ideas that have no precedent, that have no real meat on the bones,” Allen told me.
One of Allen and Kim’s former opponents, Patrick Wolff, who fell short in the top-two primary election in June, told me that “the charitable interpretation of Kim’s platform is she does not think the current system can be made to work, and so she essentially wants to redesign and reimagine the entire system.” (Wolff has endorsed Allen). But, he added, “she’s coming at it from a set of solutions that were baked-in before she started, and then she's fitting [those] into her campaign.”
Moira Birss, a senior fellow at the Climate and Community Institute who said she had “provided input” to Kim’s campaign, but wasn’t speaking on its behalf, told me she “really recognizes that we are yet again in a situation where the private insurance market is not responding to a need that we as communities and as society have for this financial safety net of disaster insurance, and that we need a public approach.” She said the plan would build on lessons learned from New Zealand, which has public natural disaster insurance funded through a levy on fire insurance, and from the National Flood Insurance Program and the FAIR Plan.
Kim is happy to embrace the more ideologically charged vision of her campaign, telling me, “I am talking about transforming this office to be a place where we are leading on, and taking on, economic inequity, a wealth gap, and the climate crisis.
“I don’t even view my opponent as Ben Allen — I’m not running against Ben Allen,” she went on. “I’m running against the status quo.”