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Daily Briefing

The EPA’s Abdication

Under new rules, the United States will impose virtually no limits on greenhouse gas pollution from power plants.

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Lee Zeldin.
Heatmap Illustration/Getty Images

This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.

Happy Monday. It’s going to be a big week. Let’s begin with the immediate news.

This afternoon, the Environmental Protection Agency formally rolled back limits on greenhouse gas pollution from existing power plants — and proposed scrapping the rest. If the proposal is finalized, then coal and natural gas power plant operators could soon release as much heat-trapping pollution as they want into the atmosphere. And thanks to other recent rollbacks, power plants can release more mercury, microscopic soot, and other hazardous air pollutants, too.

EPA Administrator Lee Zeldin made the announcement at a Group of 20 energy minister meeting in Houston.

On a legal basis, the agency is formalizing the change in two steps: First, it partially repealed some rules for power plant emissions; second, it filed a separate legal argument that the Clean Air Act “does not authorize the EPA to regulate emissions from power plants” to fight climate change. Both documents will likely go into effect later this year. Those documents were released as I wrote this newsletter, and we’re still digging through them at Heatmap.

But there are two broader ways, I think, to see this news.

The first is that it confirms America’s abdication of environmental leadership under the Trump administration. Global climate politics is now in a quite different situation than it was in, say, 2018, when the Trump administration last made similar deregulatory moves. China now operates the world’s largest carbon emissions trading system — and while that system targets an odd “intensity” measurement, and gives away many free allowances, it is expanding to other sectors of the economy and the country plans to adopt more conventional targets next year.

Which isn’t to say it’s perfect. I could find something important to criticize about China, Canada, and the European Union’s various carbon schemes. But they have policies at the national or supranational level, and the United States does not. While we still have a handful of state regional policies — such as the-cap and-trade market for Northeastern states — they have been transformed by the politics of inflation.

And things could still get worse. Earlier this year, the Trump administration repealed the EPA’s scientific finding that heat-trapping greenhouse gases can endanger the environment. If it successfully defends that move in court, then any future government will face extra hurdles when seeking to limit carbon pollution. And if the Trump administration secures the Supreme Court ruling it is obviously angling for — and gets the high court to overturn its landmark 2007 decision that said the EPA could regulate greenhouse gases in the first place — then a future Democratic administration might find itself virtually without tools to limit carbon emissions.

The second way of seeing this news, though, is that little has actually changed on the ground — and the biggest unanswered question in American climate policy remains unanswered. Since the Obama administration, the federal government has regulated carbon pollution from cars and trucks (though Trump has of course sought to put an end to those rules, too). But it has never found a way to limit power plant carbon emissions in a comprehensive way.

Instead, successive Democratic presidents, Trump administrations, and the Supreme Court have played a slow-motion, 12-year-long game of regulatory ping pong. In 2014, President Obama proposed a scheme to cut carbon emissions from power plants. Since then, the first Trump administration repealed those rules, the Supreme Court stayed them (and then eventually nixed them), and President Biden proposed a new and more narrow version of them — which the Trump administration has just repealed. And Trump wants to end the game forever by preventing the Clean Air Act from ever regulating carbon emissions.

Trump and his officials are acting irresponsibly by doing so — to say the least. But the truth is that Democratic presidents have never found an enduring way to regulate power plant carbon emissions that the Supreme Court has blessed. And doing so has only gotten harder as the court has marched right over the past decade.

We will keep diving into these new documents here at Heatmap. But we have already covered this story in depth over the past 18 months, too. Check out:

  • My colleague Emily Pontecorvo’s look at the one word the EPA (and the Trump administration) is hanging this rulemaking on.
  • Emily’s interview with Jody Freeman, who helped shape the Obama administration’s climate strategy, about what might come next.
  • And why the EPA’s rollback may get a test as soon as next month, when the Supreme Court hears a case about the city of Boulder, Colorado’s climate lawsuit.

There is one more thing to look forward to this week, by the way. On Wednesday, the Federal Reserve will decide whether to raise interest rates. Investors now expect it to bump the federal funds rate by one-quarter of a percentage point, which will affect the investment climate for every part of the energy system — including renewables.

As my colleague Matt Zeitlin has written, interest rates dictate the economics of clean energy because most spending on renewables and other zero-carbon power plants happens at the front end, as capital expenditure. Spending on fossil fuel projects, on the other hand, is more spread out, because operators must purchase fuel over time.

One big question that the Fed will eventually need to confront: Is there any way to rein in above-trend inflation without reducing artificial intelligence spending?

We’ll be covering that story and more as the week develops. Thanks as always for reading.

🔒

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Politics

Miners Struck Gold With the Senate Permitting Bill

The proposal resolves an issue that has bedeviled the industry since 2022.

American mining.
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Is Rosemont about to be BAAJA blasted away?

In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.

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Exploratory projects are making a splash in Maine and Alaska.

Wires and water.
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Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.

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The Solar Opponents Begging Trump to Intervene in Michigan

And more of the week’s biggest fights around project development

The United States.
Heatmap Illustration/Getty Images

1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.

  • On Sept. 24, the Michigan township of Zeeland wrote a letter to the president – and reportedly Agriculture Secretary Brooke Rollins – requesting the federal government intervene in the development of RWE’s utility-scale Silver Maple Solar project. The letter to Trump which is public requests the president visit Zeeland and the project site to “provide an opportunity to meet directly with local farmers, business owners, elected officials, and residents who are living with the consequences of the poor policies you are fighting against.”
  • Shortly thereafter, Zeeland Township supervisor Kerri Bosma, who authored the letter, met with Rep. Bill Huizenga and presented him with a copy of the letter. “Thank you for reaching out Kerri and keep up the fight against this Lansing big government takeover!” Huizenga said on Facebook. Huizenga’s office did not respond to a request for comment on how they would support this request further.
  • This is remarkable because local officials are beckoning for Trump to arrive at a time when he’s historically unpopular and Huizenga’s congressional district is one being targeted by the Democratic Congressional Campaign Committee in this year’s midterm elections as a priority. Maybe this is about ginning up partisan red meat, as Huizenga’s opponent, State Sen. Sean McCann, has been publicly supportive of more solar development in agricultural communities.
  • Locals appear most irate with the state permitting primacy law which allows the state regulator, Michigan Public Service Commission, to supersede local opposition toward renewable energy projects. So far, the legality of that power is withstanding court challenges, and it’s unclear to me how the federal government could in any way stall this large solar farm aside from helping out in that legal effort on behalf of localities.
  • Clearly, RWE is confident they can go ahead – they just resubmitted their application to build the project with the MPSC, citing the primacy law’s survival in the courts.

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