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With the ongoing disaster approaching its second week, here’s where things stand.

A week ago, forecasters in Southern California warned residents of Los Angeles that conditions would be dry, windy, and conducive to wildfires. How bad things have gotten, though, has taken everyone by surprise. As of Monday morning, almost 40,000 acres of Los Angeles County have burned in six separate fires, the biggest of which, Palisades and Eaton, have yet to be fully contained. The latest red flag warning, indicating fire weather, won’t expire until Wednesday.
Many have questions about how the second-biggest city in the country is facing such unbelievable devastation (some of these questions, perhaps, being more politically motivated than others). Below, we’ve tried to collect as many answers as possible — including a bit of good news about what lies ahead.
A second Santa Ana wind event is due to set in Monday afternoon. “We’re expecting moderate Santa Ana winds over the next few days, generally in the 20 to 30 [mile per hour] range, gusting to 50, across the mountains and through the canyons,” Eric Drewitz, a meteorologist with the Forest Service, told me on Sunday. Drewitz noted that the winds will be less severe than last week’s, when the fires flared up, but he also anticipates they’ll be “more easterly,” which could blow the fires into new areas. A new red flag warning has been issued through Wednesday, signaling increased fire potential due to low humidity and high winds for several days yet.
If firefighters can prevent new flare-ups and hold back the fires through that wind event, they might be in good shape. By Friday of this week, “it looks like we could have some moderate onshore flow,” Drewitz said, when wet ocean air blows inland, which would help “build back the marine layer” and increase the relative humidity in the region, decreasing the chances of more fires. Information about the Santa Anas at that time is still uncertain — the models have been changing, and the wind is tricky to predict the strength of so far out — but an increase in humidity will at least offer some relief for the battered Ventura and Orange Counties.
The Palisades Fire, the biggest in L.A., ripped through the hilly and affluent area between Santa Monica and Malibu, including the Pacific Palisades neighborhood, the second-most expensive zip code in Los Angeles and home to many celebrities. Structures in Big Rock, a neighborhood in Malibu, have also burned. The fire has also encroached on the I-405 and the Getty Villa, and destroyed at least two homes in Mandeville Canyon, a neighborhood of multimillion-dollar homes. Students at nearby University of California, Los Angeles, were told on Friday to prepare for a possible evacuation.
The Eaton Fire, the second biggest blaze in the area, has killed 16 people in Altadena, a neighborhood near Pasadena, according to the Los Angeles Times, making it one of the deadliest fires in the modern history of California.
The 1,000-acre Kenneth fire is 100% contained but still burning near Calabasas and the gated community of Hidden Hills. The Hurst Fire has burned nearly 800 acres and is 89% contained and is still burning near Sylmar, the northernmost neighborhood in L.A. Though there are no evacuation notices for either the Kenneth or the Hurst fires, residents in the L.A. area should monitor the current conditions as the situation continues to be fluid and develop.
The 43-acre Sunset Fire, which triggered evacuations last week in Hollywood and Hollywood Hills, burned no homes and is 100% contained.
The Lidia Fire, which ignited in a remote area south of Acton, California, on Wednesday afternoon, burned 350 acres of brush and is 100% contained.
It can take years to determine the cause of a fire, and investigations typically don’t begin until after the fire is under control and the area is safe to reenter, Edward Nordskog, a retired fire investigator from the Los Angeles Sheriff’s Department, told Heatmap’s Emily Pontecorvo. He also noted, however, that urban fires are typically easier to pinpoint the cause of than wildland fires due to the availability of witnesses and surveillance footage.
The vast majority of wildfires, 85%, are caused by humans. So far, investigators have ruled out lightning — another common fire-starter — because there were no electrical storms in the area when the fires started. In the case of the Palisades Fire, there were no power lines in the area of the ignition, though investigators are now looking into an electrical transmission tower in Eaton Canyon as the possible cause of the deadly fire in Altadena. There have been rumors that arsonists started the fires, but investigators say that scenario is also pretty unlikely due to the spread of the fires and how remote the ignition areas are.
Officially, 24 people have died, but that tally is likely to rise. California Governor Gavin Newsom said Sunday that he expects “a lot more” deaths will be added to the total in the coming days as search efforts continue.
Incoming President Donald Trump slammed the response to the L.A. fires in a Truth Social post on Sunday morning: “This is one of the worst catastrophes in the history of our Country,” he wrote. “They just can’t put out the fires. What’s wrong with them?”
Though there is much blame going around — not all of it founded in reality — the challenges facing firefighters are immense. Last week, because of strong Santa Ana winds, fire crews could not drop suppressants like water or chemical retardant on the initial blazes. (In strong winds, water and retardant will blow away before they reach the flames on the ground.)
Fighting a fire in an urban or suburban area is also different from fighting one in a remote, wild area. In a true wildfire, crews don’t use much water; firefighters typically contain the blazes by creating breaks — areas cleared of vegetation that starve a fire of fuel and keep it from spreading. In an urban or suburban event, however, firefighters can’t simply hack through a neighborhood, and typically have to use water to fight structure fires. Their priority also shifts from stopping the fire to evacuating and saving people, which means putting out the fire itself has to wait.
What’s more, the L.A. area faced dangerous fire weather going into last week — with wind gusts up to 100 miles per hour and dry air — and the persistence of the Santa Ana winds during firefighting operations through the weekend made it extremely difficult for emergency managers to gain a foothold.
Trump and others have criticized Los Angeles for being unprepared for the fires, given reports that some fire hydrants ran dry or had low pressure during operations in Pacific Palisades. According to the Los Angeles Department of Water and Power, about 20% of hydrants were affected, mostly at higher elevations.
The problem isn’t a lack of preparation, however. It’s that the L.A. wildfires are so large and widespread, the county’s preparations were quickly overwhelmed. “We’re fighting a wildfire with urban water systems, and that is really challenging,” Los Angeles Department of Water and Power CEO Janisse Quiñones said in a news conference last week. When houses burn down, water mains can break open. Civilians also put a strain on the system when they use hoses or sprinkler systems to try to protect their homes.
On Sunday, Judy Chu, the Democratic lawmaker representing Altadena, confirmed that fire officials had told her there was enough water to continue the battle in the days ahead. “I believe that we're in a good place right now,” she told reporters. Newsom, meanwhile, has responded to criticism over the water failure by ordering an investigation into the weak or dry hydrants.
So-called “super soaker” planes have had no problem with water access; they’re scooping directly from the ocean.
Yes. Although aerial support was grounded in the early stages of the wildfires due to severe Santa Ana winds, flights resumed during lulls in the storms last week.
There is a misconception, though, that water and retardant drops “put out” fires; they don’t. Instead, aerial support suppresses a fire so crews can get in close and use traditional methods, like cutting a fire break or spraying water. “All that up in the air, all that’s doing is allowing the firefighters [on the ground] a chance to get in,” Bobbie Scopa, a veteran firefighter and author of the memoir Both Sides of the Fire Line, told me last week.
With winds expected to pick up early this week, aerial firefighting operations may be grounded again. “If you have erratic, unpredictable winds to where you’ve got a gust spread of like 20 to 30 knots,” i.e. 23 to 35 miles per hour, “that becomes dangerous,” Dan Reese, a veteran firefighter and the founder and president of the International Wildfire Consulting Group, told me on Friday.
Because of the direction of the Santa Ana winds, wildfire smoke should mostly blow out to sea. But as winds shift, unhealthy air can blow into populated areas, affecting the health of residents.
Wildfire smoke is unhealthy, period, but urban and suburban smoke like that from the L.A. fires can be particularly detrimental. It’s not just trees and brush immolating in an urban fire, it’s also cars, and batteries, and gas tanks, and plastics, and insulation, and other nasty, chemical-filled things catching fire and sending fumes into the air. PM2.5, the inhalable particulates from wildfire smoke, contributes to thousands of excess deaths annually in the U.S.
You can read Heatmap’s guide to staying safe during extreme smoke events here.
“The bad news is, I’m not seeing any rain chances,” Drewitz, the Forest Service meteorologist, told me on Sunday. Though the marine layer will bring wetter air to the Los Angeles area on Friday, his models showed it’ll be unlikely to form precipitation.
Though some forecasters have signaled potential rain at the end of next week, the general consensus is that the odds for that are low, and that any rain there may be will be too light or short-lived to contribute meaningfully to extinguishing the fires.
The chaparral shrublands around Los Angeles are supposed to burn every 30 to 130 years. “There are high concentrations of terpenes — very flammable oils — in that vegetation; it’s made to burn,” Scopa, the veteran firefighter, told me.
What isn’t normal, though, is the amount of rain Los Angeles got ahead of this past spring — 52.46 inches in the preceding two years, the wettest period in the city’s history since the late 1800s — which was followed by a blisteringly hot summer and a delayed start to this year’s rainy season. Since October, parts of Southern California have received just 10% of their normal rainfall
This “weather whiplash” is caused by a warmer atmosphere, which means that plants will grow explosively due to the influx of rain and then dry out when the drought returns, leaving lots of dry fuels ready and waiting for a spark. “This is really, I would argue, a signature of climate change that is going to be experienced almost everywhere people actually live on Earth,” Daniel Swain, a climate scientist at the University of California, Los Angeles, who authored a new study on the pattern, told The Washington Post.
We know less about how climate change may affect the Santa Anas, though experts have some theories.
At least 12,000 structures have burned so far in the fires, which is already exacerbating the strain on the Los Angeles housing market — one of the country’s tightest even before the fires — as thousands of displaced people look for new places to live. “Dozens and dozens of people are going after the same properties,” one real estate agent told the Los Angeles Times. The city has reminded businesses that price gouging — including raising rental prices more than 10% — during an emergency is against the law.
Los Angeles had a shortage of about 370,000 homes before the fires, and between 2021 and 2023, the county added fewer than 30,000 new units per year. Recovery grants and federal aid can lag, and it often takes more than two years for even the first Housing and Urban Development Disaster Recovery Grants’ expenditures to go out.
My colleague Matthew Zeitlin wrote for Heatmap that the economic impact of the Los Angeles fire is already much higher than that of other fires, such as the 2018 Camp fire, partly because of the value of the Pacific Palisades real estate.
The wildfires may “deal a devastating blow to [California’s] fragile home insurance market,” Heatmap’s Matthew Zeitlin wrote last week. In recent years, home insurers have left California or declined to write new policies, at least partially due to the increased risk of wildfires in the state.
Depending on the extent of the damage from the fires, the coffers of California’s FAIR Plan — which insures homeowners who can’t get insurance otherwise, including many in Pacific Palisades and Altadena — could empty, causing it to seek money from insurers, according to the state’s regulations. As Zeitlin writes, “This would mean that Californians who were able to buy private insurance — because they don’t live in a region of the state that insurers have abandoned — could be on the hook for massive wildfire losses.”
First and foremost, sign up for all relevant emergency alerts. Make sure to turn on the sound on your phone and keep it near you in case of a change in conditions. Pack a “go bag” with essentials and consider filling your gas tank now so that you can evacuate at a moment’s notice if needed. Read our guide on what to do if you get a pre-evacuation or an evacuation notice ahead of time so that you’re not scrambling for information if you get an alert.
The free Watch Duty app has become a go-to resource for people affected by the fires, including friends and family of Angelenos who may themselves be thousands of miles away. The app provides information on fire perimeters, evacuation notices, and power outages. Its employees pull information directly from emergency responders’ radio broadcasts and sometimes beat official sources to disseminating it. If you need an endorsement: Emergency responders rely on the app, too.
There are many scams in the wake of disasters as crooks look to take advantage of desperate people — and those who want to help them. To play it safe, you can use a hub like the one established by GoFundMe, which is actively vetting campaigns related to the L.A. fires. If you’re looking to volunteer your time, make a donation of clothing or food, or if you’re able to foster animals the fire has displaced, you can use this handy database from the Mutual Aid Network L.A. There are also many national organizations, such as the Red Cross, that you can connect with if you want to help.
The City of Los Angeles and the Los Angeles Fire Department have asked that do-gooders not bring donations directly to fire stations or shelters; such actions can interfere with emergency operations. Their website provides more information about how you can help — productively — on their website.
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PJM is back open for business, but the new generation applying to interconnect is primarily natural gas.
America’s largest electricity market is looking at hooking up new power generation again, and a lot of it is natural gas.
PJM stopped evaluating new generation in 2022, when the backlog of projects awaiting interconnection studies stood at 2,664, of which 1,972 — representing 107 gigawatts, about two-thirds of the total — were renewables.
“They’ve been spending these past four years working through the backlog, studying everything that’s in there, and that process is up,” Jon Gordon, senior director at Advanced Energy United, told me.
The electricity market announced last August that applications for the first cycle of interconnection studies under a new, reformed process would be due this week. Some 811 projects with a combined capacity of 220 gigawatts made the Monday deadline, PJM said Wednesday. This time around, the mix looks a little different.
While solar, storage, and solar-and-storage projects make up more than half the queue by number (536 in total), by capacity, nearly half is natural gas, with 106 gigawatts out of around 220 gigawatts total.
For years, some of the strongest advocates of interconnection queue reform at PJM have been advocates for renewables. With the wait for interconnection stretching up to eight years, solar and wind projects in particular found themselves in trouble. Even as the cost of solar had been dropping dramatically, higher inflation and higher interest rates following the COVID pandemic and Russian invasion of Ukraine made developing renewables more expensive — and that was before Donald Trump regained the White House and declared war on clean energy.
Since 2020, PJM said in a March blog post, 103 gigawatts of interconnection agreements resulted in just 23 gigawatts of new generation being added to the grid. Three-quarters of projects that PJM studied withdrew from the process at some point before sending power to the grid.
PJM spent the past four years reviewing old projects and developing a process designed to get interconnection service agreements done in two years at most. The round of projects submitted up through this week will not be evaluated on the “first-come, first-served” model that had bedeviled the previous system. Instead, PJM has adopted a “first-ready, first-served approach,” which the organization says will mean “prioritizing projects that are more advanced and better positioned to move forward.”
The reformed queue couldn’t come soon enough. Over the past four years, PJM has become desperate for more power to serve exploding data center demand and help alleviate high prices.
Since 2020, electricity prices in PJM have risen almost 50%, from 12.6 cents per kilowatt-hour to 18.7 cents per kilowatt-hour, according to data from Heatmap and MIT’s Electricity Price Hub. Typical electricity bills have risen from around $128 a month to about $161.
“Current projections show a potential capacity shortfall of 50 GW to 60 GW in the next decade, primarily driven by large load growth,” PJM said last month. For reference, a gigawatt is enough to power a city of around 800,000 homes. PJM’s existing installed capacity is around 180 gigawatts.
When I asked Gordon about the large presence of natural gas in the new queue, he pointed to data centers, which “have become a massive sea change to the whole landscape of energy.” That goes especially for the scale of planned facilities, such as a planned 1.4-gigawatt data center campus on a 700-acre footprint in Cumberland County, Pennsylvania.
“Now they're talking gigawatt-size data centers that would require, potentially, an enormous natural gas plant — maybe more than one,” Gordon said. Getting the requisite financing and permitting for renewable and storage resources to power such a large-scale project would be “enormously challenging,” he added. Meanwhile, “natural gas has risen to the fore here, and it’s getting a lot of tailwind from the Trump administration.”
(Something else eagle-eyed readers may have spotted in the numbers on new planned projects: their average size is much bigger than those in the queue as of 2022. The new batch comes in at an average size of nearly 272 megawatts each, compared to around 60 megawatts for the old one. That holds especially for solar, storage, and solar-plus-storage projects, which clock in at nearly 198 megawatts on average, compared to just 54 in 2022.)
Earlier this year, governors of states in the PJM region, led by Pennsylvania’s Josh Shapiro, and the White House agreed on a $15 billion special auction for procuring new generation in PJM. That came after PJM’s most recent capacity auction — in which generators bid to be compensated for their ability to stay on the grid in times of need — failed to meet even PJM’s preferred reliability margin.
Pressure continued to mount on the electricity market following the capacity auction, as federal regulators took it to task for its failure to get more generation online. Two weeks ago, PJM put some meat on the bones of the White House agreement by proposing a two-stage process, whereby power customers would directly contract for new generation with power supplies starting in September and PJM would facilitate an auction for whatever was still necessary to meet its capacity increase goals by March of next year.
The plan met a cool reception in Washington, where Federal Energy Regulatory Commission Chair Laura Swett said she was “a bit perplexed” by the PJM proposal, adding it didn’t meet the timeline set out by the White House and the PJM governors to hold an auction this year
While PJM may be able to reform its own processes or come up with special procurements, there’s still the same old issues that have bedeviled energy buildouts everywhere.
Projects that have already been approved are facing “hurdles such as state permitting and supply chain backlogs,” PJM said Wednesday.
That being said, renewables and storage can still benefit from an improved interconnection process, Gordon told me. “Renewables would have always benefited, and still will benefit from improved interconnection,” Gordon told me. That’s largely because renewable projects tend to be smaller on a per-project basis than gas, let alone nuclear, and are more plentiful in number, and therefore stand to benefit disproportionately from faster reviews.
The real tragedy, Gordon said, is that more renewables couldn’t come online when the political and economic winds were blowing in their favor. Projects that were submitted to the queue before its closure in 2022 were “probably very economic back then,” he told me. “They died on the vine as they waited in the queue.”
Current conditions: The Gulf Coast states are bracing for a series of midweek thunderstorms • Temperatures are rocketing up near 100 degrees Fahrenheit in Lahore, Pakistan • San Juan, Puerto Rico, is facing days of severe thunderstorms.
Compass Datacenters is quitting a yearslong bid to build a key part of a 2,100-acre data center corridor in northern Virginia amid mounting pushback from neighbors, marking one of the highest profile examples yet of political opposition killing off a major server farm. The company, backed by the private equity giant Brookfield Asset Management, has gunned for Prince William County’s approval to turn more than 800 acres into a portion of the data center buildout. But after spending tens of millions of dollars on the effort, the firm decided that political resistance to providing tax breaks had created what Bloomberg described Wednesday as “too many roadblocks,” prompting a withdrawal.
The data center backlash, as Heatmap’s Jael Holzman wrote in the fall, is “swallowing American politics.” Polling from Heatmap Pro has shown that public resentment toward server farms they perceive as driving up electricity bills, sucking up too much water, or supporting software that threatens human jobs is rapidly growing. Data centers, as Jael wrote last week, are now more controversial than wind farms.
Nuclear startups taking part in the Department of Energy’s reactor pilot program are approaching the agency’s July 4 deadline to split their first atoms, and companies are making deals left and right for new projects. But just four firms have so far secured commercial offtakers, announced project-specific financing, and locked down contracts with suppliers and construction partners. That’s according to new data from a report by the policy advocate Third Way, shared exclusively with me for this newsletter. TerraPower’s nuclear project in Kemmerer, Wyoming, which broke ground this month, is in the lead, with the most advanced application before the Nuclear Regulatory Commission. Amazon-backed X-energy has two projects that have achieved all three preliminary milestones. Holtec International’s small modular reactor project in Michigan and GE Vernova Hitachi Nuclear Energy’s debut unit at the Tennessee Valley Authority — each of which recently received $400 million in federal funding, as I previously reported — are close behind.
Among the report’s other takeaways: Federal policy is “too often rewarding hype instead of commercialization readiness,” and the U.S. needs to winnow down the technologies on offer.
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The Federal Emergency Management Agency has officially entered what CBS News called “a financial danger zone” that threatens to limit spending to only the most urgent life-saving needs. The status, called Imminent Needs Funding, is triggered when FEMA’s Disaster Relief Fund drops below $3 billion. The depletion is a symptom of the partial government shutdown of FEMA’s parent agency, the Department of Homeland Security, whose funding has become hotly political over the hardline actions by Immigration and Customs Enforcement. But the timing couldn’t be worse: Hurricane season is about a month away. “Disasters are unpredictable. They’re very costly. We don’t know what could happen between now and June 1,” FEMA Associate Administrator Victoria Barton told the network.
This was all predictable. Back in February, Heatmap’s Jeva Lange warned that the DHS shutdown would “starve local disaster response.”
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The U.S. is racing to get new nuclear projects off the ground. But it’s not yet clear where all the new reactor fuel is going to come from, especially once federal law fully bans all imports of Russian uranium in 2028. A new uranium mining project has started up operations this week in Wyoming’s Shirley Basin. The reactivated mine was previously considered the birthplace of in-situ recovery mining, a more eco-friendly method of extraction that involves injecting a solution into rock that dissolves minerals, then pumping that fluid to the surface for collection. The developer, Ur-Energy, said it’s returning to operations to power at least the next nine years of uranium demand in the U.S.
The milestone at the uranium mine comes as global mining deals reached a new high in the first three months of this year. Global law firm White & Case LLP recorded 121 mergers and acquisitions in the sector in the first quarter, up from 117 a year earlier and 102 in 2024, according to Mining.com. It’s the strongest first quarter since 2023. “The math is unforgiving,” the Breakthrough Institute’s Seaver Wang and Peter Cook wrote in an Ideas essay for Heatmap this week. “We need more minerals, and we need them soon.”

Another week, another new full-scale nuclear reactor has come online in China. On Wednesday, World Nuclear News reported that Unit 1 of the San’ao nuclear station in eastern Zhejiang province has entered commercial operation. The reactor is the first of six Hualong One reactors planned for the site. The Hualong One is China’s leading indigenous reactor design, borrowing heavily from the Chinese version of the Westinghouse AP1000, America’s leading reactor.
South Africa, meanwhile, is making a bid to lure engineers working abroad to come home to help the country build up its own nuclear sector once again. The plan, detailed by Semafor, “aims to attract skilled migrants and South African expatriates, especially those working in the United Arab Emirates,” which hired large numbers of local engineers during the buildout of the Gulf nation’s debut Barakah nuclear plant over the past decade.
Even before China made a big gamble in recent months on green hydrogen to ease the effects of the Iran War’s hydrocarbon shock, the country’s electrolyzer manufacturers were already starting to dominate the industry. Now the first Chinese electrolyzer manufactured in Europe is due to be assembled in the coming weeks. RCT GH Hydrogen, a joint venture between the Jiangsu-based electrolyzer maker Guofu and the German technology company RCT Group, is on track to roll out its first unit in June, Hydrogen Insight reported Wednesday.
Representatives Jared Huffman and Jamie Raskin announced an investigation into the $1 billion offshore wind deal with the Trump administration.
Two House Democrats are going after TotalEnergies after the company ignored an earlier request to defend its $1 billion settlement with the Trump administration to walk away from offshore wind.
Jared Huffman, the ranking member of the House Natural Resources Committee from California, and Jamie Raskin, the ranking member of the House Judiciary Committee from Maryland, sent a letter on Wednesday informing Total’s CEO Patrick Pouyanné that they have opened a formal investigation into the company.
“We’re going to get every document, every email, every last receipt on this deal, and every person who had a hand in this is going to answer for it,” Huffman said in a press release. “What I have to say to TotalEnergies is this: Consider yourself on notice, we’re coming for you.”
The move comes just a day after the Trump administration announced two additional identical settlements resulting in the cancellation of two more offshore wind leases.
The letter states that Total’s March 23 settlement with the Interior Department was unlawful in “at least four separate ways.” It demands that Total preserve all records related to the deal and requests that it put the $928 million it was granted by the settlement into escrow until the investigation concludes.
Huffman and Raskin first reached out to the Interior Department and Total on April 6 requesting documents and communications between the two parties related to the deal by April 20. Neither party obliged. Shortly before the deadline, however, the Interior Department published the settlement agreements it signed with Total. The settlements “confirm and surpass our worst fears of what has taken place,” the two representatives wrote on Wednesday.
The settlements state that the agency would have ordered Total to suspend operations on the leases due to national security issues. This “appears to have been a fabricated justification for canceling the leases,” the letter says, citing a discrepancy between when the settlements suggest that the company had reached an agreement with the Trump administration — November 18 — and when the earliest reports of anyone reviewing the national security concerns occurred — November 26.
“That timeline raises the troubling possibility that the national security assessment was not merely pretextual, but also that TotalEnergies may have negotiated the final settlement agreement with full knowledge that the rationale for canceling the leases was false,” Huffman and Raskin write. The fact that Pouyanné has stated publicly multiple times that the company came to the Interior Department with the idea for the settlement supports that conclusion, they add.
Putting the timeline of national security concerns aside, the settlement disregards the law governing offshore wind leases, Huffman and Raskin argue. The Outer Continental Shelf Lands Act says that when the government cancels a lease that does not yet have an operating project on it, the company is entitled to the “fair value” of the lease at the date of cancellation. The nearly $1 billion figure — which is the amount the company paid for the two leases in 2022 — is “almost certainly a significant overpayment even under the most favorable reading of the statute,” the lawmakers write.
The letter also questions the use of the Department of Justice’s Judgment Fund, a reserve of public money set aside to pay for agency settlements. On one hand, Interior Secretary Doug Burgum recently characterized the payment as a “refund” in testimony before Congress — a type of payment that the Judgment Fund is not authorized to make. On the other hand, even if it was technically a settlement, it doesn’t meet the Judgement Fund’s standard of “a genuine contested dispute over liability or amount,” Huffman and Raskin write. The Interior Department never issued a stop work order to Total. Neither of the company’s projects had even started construction yet.
If the settlement is allowed to go through, the lawmakers warn, any future U.S. administration could repeat the formula to enact their own agenda. “The only requirements would be a hypothetical threat, a side agreement, and a check drawn from a permanent, uncapped federal account that Congress never authorized for this purpose,” they write.
Lastly, Huffman and Raskin accuse the Trump administration and Total of sticking an unlawful clause in the settlements that declare the agreements “not judicially reviewable.” They assert that only Congress has the power to restrict judicial review. Their letter declares that the provision “accomplishes nothing legally,” and characterizes it as evidence that the parties knew the deal would not survive scrutiny.
In addition to preserving records and putting the funds in escrow, the letter to Total again demands a list of documents related to the deal, providing a new deadline of May 13. We’ll see if the company feels compelled to comply. Huffman and Raskin would need the support of the full House to find Total in contempt of Congress, and it’s not clear they would have the numbers.