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The West loves its wide open spaces. Utah, though, is something else.
Every state would like to think itself singular but, truly, there is no place like Utah. The Beehive State has long fascinated outsiders; today, that attention is largely trained on Netflix exposés about the Church of Jesus Christ of Latter-day Saints, ballerina farmers, and Crumbl cookies, but historically, the obsession has been with its land. Utah has the nation’s highest density of National Parks; its rivers, canyons, mountains, and deserts have stirred Mark Twain, John Wesley Powell, John Muir, and Edward Abbey. To quote a more contemporary literary conduit, Post Malone: “It’s a free country out there. You can buy suppressors in Utah. You can … walk into the grocery store with a handgun on your hip. Cowboy shit.”
More recently, Utah has sought out a different source of outsider attention — that of the United States Supreme Court. Two lawsuits that originated in the state are currently under consideration by the justices. The first, Seven County Infrastructure Coalition v. Eagle County, Colorado, concerns the scope of the National Environmental Policy Act with regard to the construction of a railroad spur that would link Utah’s oil fields to the national rail lines. (Though the tracks would be in Utah, the connection would ultimately increase hazardous waxy crude oil shipments through the Colorado county in the case citation.) The second lawsuit, Utah v. the United States — which the court has yet to decide whether or not it will hear — involves the state suing the federal government over its allegedly unconstitutional control of “unused” lands by the Bureau of Land Management. If Utah prevails in the case, it could mean the vast reshaping of the American West, about 47% of which is federal land.
“Utah is all crazy, all the time right now,” Stephen Bloch, the legal director of the Southern Utah Wilderness Alliance, a conservation nonprofit opposing Utah v. the U.S., told me.
While not immediately apparent, there is nevertheless a strange logic to the two lawsuits that otherwise appear to have little to do with one another beyond the fact of their geography. At their core, both cases are ultimately about who gets to decide to do what with Utah’s land.
To anyone familiar with land use issues in the Mountain West, all of this is fairly routine. A strain of libertarianism and anti-government individualism runs through the more conservative inland Western states, coloring everything from the gun ownership policies so colorfully observed by Post Malone to whom the states back for president. Yet in the extent to which it is willing to pursue this common ideal, Utah is still an outlier.
“Westerners revere their public lands,” Betsy Gaines Quammen, a historian and author of American Zion: Cliven Bundy, God & Public Lands in the West, told me. “This is what makes the West the West — that you can come out and just go hiking, and you’re not trespassing.” Take the recent Montana Senate race, in which incumbent Democrat Jon Tester wielded his opponent Tim Sheehy’s comparatively mild comments about privatizing public lands as a cudgel in a deep red state. (Tester, it must be added, lost his reelection bid.) But in Utah, instead of celebrating federal land as the embodiment of this Western inheritance, its politicians are trying to eliminate them.
In the case of Utah, this goal is immediate and obvious. State officials claim that the 18.5 million acres of “unappropriated” BLM land in the state — that is, public lands not already designated as national parks, monuments, wilderness areas, national forests and conservation areas, or Tribal lands — are held in violation of the U.S. Constitution, which doesn’t explicitly authorize the federal government to hold land indefinitely. “Utah deserves priority when it comes to managing this land,” the state’s Republican Governor Spencer Cox said at a news conference in August, adding, “Utah is in the best position to understand and respond to the unique needs of our environment and communities.”
While Utah’s crown jewel, its “Mighty Five” National Parks, would remain under federal management, the state of Wyoming — which has backed Utah’s lawsuit in an amicus brief along with Idaho, Alaska, and the Arizona legislature — wants even more. “In Wyoming’s filing, they’re like, ‘Oh no, we’re in for everything,” Bloch said. “‘There shouldn’t be any federal land in Wyoming’ — including national parks.” More than 95% of Yellowstone National Park — the nation’s first national park, designated in 1872 — sits within Wyoming’s borders.
It seems doubtful that the Supreme Court will take up this case. For one thing, Utah is attempting to leapfrog the lower courts by taking its complaints directly to SCOTUS, a shortcut it says is justified by its concerns being “of profound importance not just to Utah, but to all the States in the Nation.” For another, President Biden’s Department of Justice has pointed out that what Utah seeks is outside the powers vested in the judicial branch; only Congress has decision-making authority over public lands. On the other hand, “Anyone right now, I think, would hesitate to say definitively, ‘Here’s what the Supreme Court will do,’” Aaron Weiss, the deputy director of the Center for Western Priorities, a nonpartisan conservation advocacy group, told me.
Seven County Infrastructure Coalition is a different story. Opponents of the railway claim that the government’s environmental review took into account the remote economic benefits of the railway — including induced employment, a notoriously inexact projection — while not equally weighing the indirect health impacts of the rail line, such as the pollution of additional fracking wells in the Uinta Basin or frontline communities near the refineries on the Gulf, where the crude oil is ultimately headed. The Supreme Court (minus Neil Gorsuch, who recused himself at the 11th hour) heard oral arguments in the case this week, however, and appears on track to rule that the government’s NEPA review for the railroad was sufficient. That would ultimately be a win for the Uinta Basin Railway and the business coalition that brought the suit after the U.S. Court of Appeals for the District of Columbia Circuit ruled there were flaws in the upstream and downstream analyses.
“I’m really worried that the court could end up inadvertently blessing this fundamentally arbitrary, imbalanced result, where an agency is allowed to talk about all the indirect benefits that they want — to go as far down the line, as far upstream, to the ends of the Earth chasing these indirect benefits — but not bother talking about the corresponding costs,” Jason Schwartz, the legal director at the Institute for Policy Integrity at New York University’s School of Law, told me. “That undermines the very purpose of NEPA, which was to present the public and decision-makers with a full and balanced view of both the economic and environmental perspectives.” (Schwartz authored an amicus brief for the Institute of Policy Integrity against the government’s NEPA review.)
A ruling that reaffirms the current scope of NEPA wouldn’t be a shock — the court has always sided with the government in such cases, E&E News notes. What’s different this time is that the plaintiffs presented the court with a third option, an avenue that would severely limit the scope of the NEPA’s environmental review process going forward by restraining agency considerations only to what falls under their immediate purview. Chief Justice John Roberts has sounded skeptical of this pitch so far; it’s this third path, however, that the oil and gas producer Anschutz submitted an amicus brief to the court to support, drawing attention to the fact that “far more is at stake … than the 88-mile rail line in rural Utah.” (The company’s owner, Philip Anchutz, has close ties to Gorsuch.)
“There are so many ways to make NEPA more efficient without arbitrarily decreasing the sometimes crucial information related to indirect effects that NEPA currently provides,” Schwartz told me. Sam Sankar, the senior vice president for programs at Earthjustice, which is supporting the defense, added to me that his read on Seven County Infrastructure Coalition case is that it proves how this Supreme Court has “a pretty aggressive deregulatory, anti-environmental agenda.” The Seven County Infrastructure Coalition told Heatmap in a statement that with regards to the railroad, “we remain committed to advancing this critical infrastructure, which aims to unlock economic opportunities and support the region’s long-term development,” but that it could not comment further as the case remains under deliberation.
A threat to NEPA is also a challenge to who gets a say in what Utah does with its land, of course. Like Utah v. the U.S., the filing for Seven County Infrastructure Coalition bristles with indignation over the government’s determinations about how things should be done or what impacts should be considered, even if the Surface Transportation Board ultimately gave the railroad the green light. Utah, meanwhile, originated as a reaction to the BLM’s Public Lands Rule, in which the agency considers conservation as a land use on equal footing with those of energy development, mining, or grazing. (Specifically, Utah lawmakers were furious about the BLM closing some roads to motorized vehicles. “That’s something that Utah gets very worked up about,” Bloch, the legal director at SUWA, told me.)
There is always a risk of overascribing the state of Utah’s otherwise seemingly inexplicable actions to Mormonism — a religion that is far from monolithic and is often the subject of derision from outsiders. But Quammen, the historian, told me that you can’t separate today’s public land policies from the cultural and theological inheritances and beliefs reinforced over generations of Mormon tradition. “A lot of the people taking these stands [over public lands] come from families that have been in that area for generations, so they have stories and ideologies that have been passed down — as has their relationship with the land,” Quammen explained.
Weiss, of Western Priorities, concurred. “There are some folks in Utah who truly believe that this land belongs to them,” he said.
Quammen noted by way of example that Cliven Bundy, who led a standoff at the Malheur National Wildlife Refuge in Oregon in 2016 over the demand that the BLM cede its land to the states, told her his legal right to the public lands where he grazes his cattle in Nevada started when his ancestor’s horse drank from its Virgin River — although in fact it was a Southern Paiute river before that. (That’s not the only historically inaccurate ownership claim that might be at play in Utah; Bloch of SUWA noted that the lands within the exterior boundaries of the state were ceded to the federal government in 1848 through the Treaty of Guadalupe Hidalgo at the end of the U.S.-Mexico War, and in that sense, “they’ve never been ‘Utah lands’ so there’s nothing to ‘give back’ to Utah.”)
Preservationists and conservationists during the settlement era saw Utah’s landscape as untrammeled (“also not true, because it was Indigenous land,” Quammen added) and in need of protection, but early church belief viewed it differently. “They thought that the land being utilized, built, and made productive was pleasing to the eye of God,” Quammen said. Finally, Joseph Smith, the founder of LDS, emphasized the importance of his adherents understanding the U.S. Constitution inside and out. In the case of public lands disputes, this resurfaces in the claim that the federal government can’t own land indefinitely, Quammen told me. “That’s the piece about understanding the Constitution better than constitutional scholars.” Ironically, it disregards the state’s constitution, in which Utah explicitly agreed in 1894 to “forever disclaim[s] all right and title to the unappropriated public lands” in order to be granted statehood.
There is, of course, a significant small-government push in the Republican Party, too; privatizing land was part of the party’s presidential platform this year. It can be hard to tell, however, where one influence ends and another begins: William Perry Pendley, a key figure in the Reagan administration during the Sagebrush Rebellion fight over public lands in the 1970s and 1980s, authored the Project 2025 chapter on the Department of the Interior. Doug Burgum, Trump’s nominee for the head of the department, recently met with Utah’s Republican Senator Mike Lee, a devout Latter-Day Saint, who afterward posted, “Great meeting with @dougburgum and planning the return of American lands to the American people.” And if Trump attempts to walk back protections of Bears Ears and Grand Staircase Escalante National Monuments again, that land would be added to the pot of what Utah is seeking to acquire.
Utah’s organizers seem prepared to make an appeal to Congress or the Trump administration if the Supreme Court doesn’t make a move in their favor; funding for the messaging for Stand for Our Land, the publicity arm of the lawsuit, has reportedly outpaced the spending on lawyers. (A request for comment to the Utah Attorney General’s Office and Gov. Spencer J. Cox went unanswered.)
The implications of the Supreme Court’s decisions on limiting the scope of NEPA or hearing the public lands lawsuit are vast in both cases. The former could ease the way for expansive oil and gas development in Utah, which would be “a bona fide public health nightmare,” according to Brian Moench, an anesthesiologist on the board of Utah Physicians for a Healthy Environment, which is opposing the railroad, due to all the additional pollution. “If they’re allowed to do this and increase the oil and gas drilling production by 500% — I don't know what you would call the end result. Unlivable, as far as I’m concerned.”
In the case of the public lands, meanwhile, “I think [Utah is] trying to give the impression that these are scrubby lands that nobody cares about when, in fact, it concerns landscapes like Labyrinth Canyon or the Dirty Devil or the Fisher Towers — these very iconic red rock landscapes that Americans think about when they think about visiting the state,” Bloch told me. “Those are the types of places in the crosshairs with this lawsuit.”
Ironically, it’s doubtful that a transfer of public lands would even benefit most Utahns. Because states can’t run deficits, a disaster like a bad wildfire would drain the Utah budget. Additionally, ranchers would pay far more for grazing their cattle on state lands (as high as $19.50 per animal unit per month, per the BLM) than on federal lands, where the fee is a dirt-cheap $1.35. Ultimately, the state likely wouldn’t even possess much of the land it claims to want so badly.
Utah’s politicians “would much prefer to be able to sell off any lands that they want — whether it’s for oil and gas leasing, whether it’s for mansions near national parks. This is very valuable land and a very valuable resource that belongs to all Americans,” Weiss of Western Priorities said. “And Utah would prefer if it belonged to them.”
Public lands and pride in the natural environment are fundamental to many Westerners’ beliefs and identities. By that token, it would seem Utah has made a miscalculation that only an insider could truly appreciate the cost of; by taking over control of portions of its territory from the federal government, it would be, in effect, boxing Utahns out of their own lands —a craven, modern twist if ever there was one.
But to be able to hike or hunt, to pitch a tent, to fish, to stargaze, to graze one’s cattle on nearly 70% of the land in Utah, because it belongs to us, the public?
Now that’s cowboy shit.
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Between the budget reconciliation process and an impending vote to end California’s electric vehicle standards, a lot of the EV maker’s revenue stands to go poof.
It’s shaping up to be a very bad week for Tesla. The House Committee on Energy and Commerce’s draft budget proposal released Sunday night axes two of the primary avenues by which the electric vehicle giant earns regulatory credits. Congress also appears poised to vote to revoke California’s authority to implement its Zero-Emission Vehicle program by the end of the month, another key source of credits for the automaker. The sale of all regulatory credits combined earned the company a total of $595 million in the first quarter on a net income of just $409 million — that is, they represented its entire margin of profitability. On the whole, credits represented 38% of Tesla’s net income last year.
To add insult to injury, the House Ways and Means committee on Monday proposed eliminating the Inflation Reduction Act’s $7,500 consumer EV tax credit, the used EVs tax credit, and the commercial EVs tax credit by year’s end. The move comes as part of the House’s larger budget-making process. And while it will likely be months before a new budget is finalized, with Trump seeking to extend his 2017 tax cuts and Congress limited in its spending ability, much of the IRA is on the chopping block. That is bad news for clean energy companies across the spectrum, from clean hydrogen producers to wind energy companies and battery manufacturers. But as recently as a few months ago, Tesla CEO Elon Musk was sounding cavalier.
After aligning himself with Trump during the election, Musk came out last year in support of ending the $7,500 consumer EV tax credit, along with all subsidies in all industries generally. He wrote on X that taking away the EV tax credit “will only help Tesla,” presumably assuming that while his company could withstand the policy headwinds, it would hurt emergent EV competitors even more, thus paradoxically helping Tesla eliminate its competition.
While it looks like Musk will get his wish, he probably didn’t account for a small but meaningful carveout in the Ways and Means committee proposal that allows the tax credit to stand through the end of 2026 for companies that have yet to sell 200,000 EVs in their lifetime. While Tesla’s sales figures are orders of magnitude beyond this, the extension will give a boost to its smaller competitors, as well as potentially some larger automakers with fewer EV sales to their credit.
A number of other provisions in the Ways and Means committee’s proposal spell bad news for Tesla and EV automakers on the whole. These include the elimination of the $4,000 tax credit for used EVs as well as the $7,500 tax credit for commercial EVs — which leased cars also qualify for. This second credit, often referred to as the “leasing loophole,” allows consumers leasing EVs to redeem the full tax credit even if their vehicle doesn’t meet the domestic content requirements for the buyer’s credit. The committee also wants to phase out the advanced manufacturing tax credit by the end of 2031, one year earlier than previously planned. While not a huge change, this credit incentivizes the domestic production of clean energy components such as battery cells, battery modules, and solar inverters — all products Tesla is heavily invested in.
The domestic regulatory credits that comprise such an outsize portion of Tesla’s profits, meanwhile, come from a mix of state and federal standards, all of which are under attack. These are California’s Zero-Emission Vehicle program, which sets ZEV production and sales mandates, the National Highway Traffic Safety Administration’s Corporate Average Fuel Economy standards, and the Environmental Protection Agency’s greenhouse gas emissions standards.
While the mandates differ in their ambition and implementation mechanisms, all three give automakers credits when they make progress toward EV production targets, fuel economy standards, or emissions standards; exceed these requirements, and automakers earn extra credits. Vehicle manufacturers can then trade those additional credits to carmakers that aren’t meeting state or federal targets. Since Tesla only makes EVs, it always earns more credits than it needs, and many automakers rely on buying these credits to comply with all three regulations.
It’s unclear as of now whether lawmakers have the authority to eliminate the federal fuel efficiency and greenhouse gas emissions standards via budget reconciliation. A Senate stricture known as the Byrd Rule mandates that provisions align with the basic purpose of the reconciliation process: implementing budgetary changes; those with only “incidental” budgetary impacts can thus be deemed “extraneous” and excluded from the final bill. It’s yet to be seen how the standards in question will be categorized. At first blush, fuel efficiency and greenhouse gas emissions standards are a stretch to meet the Byrd Rule, but that determination will take weeks, or even potentially months to play out.
What’s for sure is that California’s ZEV program cannot be eliminated through this process, as the program derives its authority from a Clean Air Act waiver, which was first granted to the state by the Environmental Protection Agency in 1967. This waiver allows California to set stricter emissions standards than those at the federal level because of the “compelling and extraordinary circumstances” the state faces when it comes to air quality in the San Joaquin Valley and Los Angeles basin. California’s latest targets — which require all model year 2035 cars sold in the state to be zero emissions — have been adopted by 11 other states, plus Washington D.C.
These increasingly ambitious goals would presumably cause the tax credits market — and thus Tesla’s profits — to heat up as well, as most automakers would struggle to fully electrify in the next 10 years. But the House voted at the beginning of the month to eliminate California’s latest EPA waiver, granted in December of last year. Now, it’s up to the Senate to decide whether they want to follow suit.
To accomplish this task, Republicans have called upon a legislative process known as the Congressional Review Act, which allows Congress to overturn newly implemented federal rules. Senate Majority Whip John Barrasso, for one, has been vocal about using the process to end California’s so-called “EV mandate,” writing in the Wall Street Journal last week that “it’s time for the Senate to finish the job.” And yet other Senate Republicans are reluctant to attempt to roll back California’s waiver. The Government Accountability Officeand the Senate Parliamentarian have both determined that the regulatory allowance ought not to be subject to the Congressional Review Act as it’s an EPA “order” rather than a “rule.” Going against this guidance could thus set a precedent that gives Congress a broad ability to gut executive-level rules.
During his first term, Tesla CEO Elon Musk stood in firm opposition to efforts to roll back fuel efficiency standards. But lately, as the administration has started turning its longstanding anti-EV rhetoric into actual policy, Trump’s new best friend has been relatively quiet. Tesla’s stock is down about 25% since Trump took office, as investors worry that Musk’s political preoccupations have kept him from focusing on his company’s performance. Not to mention the fact that Musk's enthusiastic support for Trump, major role in mass federal layoffs, and, well, whole personality have alienated his liberal-leaning customer base.
So while Musk may have staged a Tesla showroom on the White House lawn in March, awing the President with the ways in which “everything’s computer,” he’s presumably well aware of exactly how Trump’s policies — and his own involvement in them — stand to deeply hurt his business. Whether Tesla will make it through this regulatory onslaught and self-inflicted brand damage as a profitable company remains to be seen. But with Musk planning to slink away from the White House and back into the boardroom, and with House leaders hoping to complete work on the reconciliation bill by Memorial Day, we should start to get answers soon enough.
On gutting energy grants, the Inflation Reduction Act’s last legs, and dishwashers
Current conditions: Eighty of Minnesota’s 87 counties had red flag warnings on Monday, with conditions expected to remain dry and hot through Tuesday • 15 states in the South and Midwest will experience “extreme” humidity this week • It will be 99 degrees Fahrenheit today in Emerson, Manitoba. The municipality hit 100 last weekend — the earliest in the year Canada has ever recorded triple digits.
Republicans on the House Committee on Energy and Commerce released their draft budget proposal on Sunday night, and my colleague Matthew Zeitlin dove into its widespread cuts to the Inflation Reduction Act and other clean energy and environment programs. Among the rescissions — clawbacks of unspent money in existing programs — and other proposals, Matthew highlights:
Those are just a few of the cuts, which the Sierra Club estimates would add up to $1.6 billion for programs related to decarbonizing heavy industry alone. You can read Matthew’s whole analysis here.
Republicans on the Committee on Energy and Commerce weren’t the only ones who’ve been busy. On Monday, the House Ways and Means Committee, which oversees tax policy, proposed overhauling clean energy tax credits. Heatmap’s Emily Pontecorvo took a look at those proposals, including:
There’s much more, which Emily gets into here.
In response to President Trump’s executive order last week ordering the Energy Department to “eliminate restrictive water pressure and efficiency rules” for appliances, the DOE published a list of 47 regulations on Monday that it has targeted as “burdensome and costly.” Appliances regulated by the DOE’s list include cook tops, dishwashers, compressors, and microwave ovens, with the agency claiming the deregulation effort would cut 125,000 words from the Code of Federal Regulations and “save the American people an estimated $11 billion,”The New York Timesreports. By the government’s own accounting, though, efficiency standards saved the average American household about $576 on energy and gas bills in 2024, and reduced energy spending for households and businesses by $105 billion in total. “If this attack on consumers succeeds, President Trump would be raising costs dramatically for families as manufacturers dump energy- and water-wasting products into the market,” Andrew deLaski, executive director of the Appliance Standards Awareness Project, said in a statement. “Fortunately, it’s patently illegal, so hold your horses.”
Environmental Protection Agency administrator Lee Zeldin said Monday that the Trump administration plans to target stop-start technology in cars. According to the EPA’s website, start-stop technology saves fuel “by turning off the engine when the vehicle comes to a stop and automatically starting it back up when you step on the accelerator,” improving fuel economy by 4% to 5%, especially in conditions like stop-and-go city driving. Zeldin, though, characterized the technology as when “your car dies at every red light so companies get a climate participation trophy. EPA approved it, and everyone hates it, so we’re fixing it.” Neither Zeldin nor the EPA offered further details on what that might entail.
More than 2,100 climate adaptation companies generated a combined $1 trillion in revenue last year by offering products and services mitigating the risks of climate change, a new study by London Stock Exchange Group found. “One question that we are getting a lot at the moment is: ‘With the Trump administration in office, what does that mean for the green economy?,’” Jaakko Kooroshy, LSEG’s global head of sustainable investment research, told Bloomberg in an interview about the report. The answer is “this thing is now so big and so robust, it’s not going to implode just like that,” he added.
The analysis looked at 20,000 companies worldwide and “found that adaptation-related revenues last year accounted for roughly a fifth of the $5 trillion global green economy,” with green buildings and water-related infrastructure being the most significant contributors, Bloomberg adds. LSEG further noted that if all companies related to the “green economy” were considered their own industry group, they’d have had the best performance of any equity sector over the past decade.
Thermasol
Wellness company Thermasol has introduced the first off-grid, solar-powered sauna in the U.S., which can reach 170 degrees Fahrenheit in about half an hour.
Rob and Jesse digest the Ways and Means budget bill live on air, alongside former Treasury advisor Luke Bassett.
The fight over the Inflation Reduction Act has arrived. After months of discussion, the Republican majority in the House is now beginning to write, review, and argue about its plans to transform the climate law’s energy tax provisions.
We wanted to record a show about how to follow that battle. But then — halfway through recording that episode — the Republican-controlled House Ways and Means Committee dropped the first draft of its proposal to gut the IRA, and we had to review it on-air.
We were joined by Luke Bassett, a former senior advisor for domestic climate policy at the U.S. Treasury Department and a former senior staff member at the Senate Committee on Energy and Natural Resources. We chatted about the major steps in the reconciliation process, what to watch next, and what to look for in the new GOP draft. Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, or wherever you get your podcasts.
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Here is an excerpt from our conversation:
Jesse Jenkins: Let’s come back to this as a negotiation. This is the first salvo from the House. What does this tell you about where we go from here? Is this a floor? Could it get worse? Is it likely to get better as the lobbying kicks off in earnest by various industries threatened by these changes, and they try to peel things back? What do you think happens next?
Luke Bassett: If you run with the horror movie analogy here, this is scary. I think a lot of people, especially in any energy startups or folks who have been penciling out deals, to start really lining up new projects — or even folks looking for a new EV to buy are suddenly going to have to totally rethink what the next few years look like.
And, you know, whether or not they want to build a factory, buy a car, or have to switch from an electric heat pump to a whale oil burning stove. Who knows? That said, there are champions for each of these in very different ways in the Senate. There are lobbyists who —
Jenkins: — in the House, too.
Bassett: Exactly. There will be lobbyists weighing in. And I think it matters to really think through … I think we’ve been faced with gigantic uncertainty since January. And there’s a part where companies all across the energy sector are looking at this text as we speak and thinking, whoa, I didn’t sign up for this. And to combine this with tariffs, to combine it with the cuts to other federal programs in the other committees’ jurisdictions, it is just a nearly impossible outlook for building new projects. And I bet a bunch of people, CEOs and otherwise, are thinking, I wish Joe Manchin were back in the Senate. But you know, it is what it is.
Robinson Meyer: I will say that it could get worse from here because they will be negotiating with the House Freedom Caucus and with various other conservative House members. And they’ll also be negotiating against the president’s wishes, which is that this move and get done as soon as possible. And so when I talked to Senator John Curtis, Republican of Utah, who’s a supporter of the IRA, or wants to see it extended in large part, and I asked him questions like, what happens if Republicans really go to work in the House on the IRA and then it gets sent to the Senate? One dynamic we’ve already seen during this Congress is that te House Republican Caucus in this Congress is unusually functional and unusually strategic, and has been unusually good at passing relatively extreme and aggressive policy and then jamming the Senate with it.
And unlike what has happened in the past, which is the House Republican Caucus can’t really do anything, so the Senate passes a far more moderate policy, sends it to the House and dares the House to shut things down. This time the House, if folks remember back in March, the House passed a fairly aggressive budget and kicked it to the Senate and then dared the Senate to shut down the government, and ultimately the Senate decided to keep the government open.
I asked Curtis what happens if they do the same with the IRA. What happens if they really go to task on the IRA? They pass fairly aggressive cuts to it and they send it to the Senate. And his answer was, well, I don’t think the House is going to do that. I don’t think a bill that really savages the IRA could pass the House.
We’ll see, but I just don’t think there’s any floor here. I think there’s no floor for how bad this gets. And I think I just don’t, you know … Before we went into the administration, there was a lot of confidence that the Trump administration and the new Republican majority and the Congress was not going to do anything to substantially make the business environment worse. We’ve discovered there does seem to be a degree of tariffs that will make them squeal and pull back, but we actually haven’t found that in legislature yet.
Music for Shift Key is by Adam Kromelow.