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For every level of laundry needs.
Americans love laundry. Of the common household chores, it is
by far the most popular — and the most energy-intensive. Washing and drying a load of laundry every two days for a year generates roughly the same emissions as driving from Chicago to New York and back again in a gasoline-powered passenger vehicle. Nearly three-quarters of those emissions come from drying alone; meanwhile, according to the Environmental Protection Agency, the average washing machine generates up to 8% of a home’s total energy use. The whole process can cost up to $150 per year in electricity alone, depending on where you live and the frequency of your washes.
With some regulatory prodding, manufacturers have tried to improve water and energy efficiency in new appliances and have rolled out fancy new features like “smart” water-level sensors, vibration reduction technologies, and microfiber-catching filters. But not every house — or budget — has room for the latest and greatest technologies, and systems that would work well in an airy Los Angeles laundry room might make less sense in a drafty apartment in Minnesota.
Heatmap is here to remove some of the guesswork from upgrading one of your home’s most-used appliances. Here is our expert panel’s insight into when and how to purchase a new washer and dryer for your home.
Joanna Mauer is the deputy director of the Appliance Standards Awareness Project, a non-profit advocacy group pushing for stricter energy efficiency legislation. In her role at ASAP, Mauer works with the Department of Energy on its efficiency rules for residential appliances. She has previously worked for the Environmental Protection Agency and the Center for Integrative Environmental Research.
Amber McDaniel is the head of content at Sustainable Jungle, a website and podcast that publishes tips, tricks, and product reviews, including for major household appliances, with a focus on environmentally friendly solutions.
Scott Flint is a licensed California appliance tech with 30 years of experience. He is known as the Fix-It Guy on his YouTube channel, where he promotes the upkeep and repair of home appliances to extend their use. He has also written extensively about washers and dryers for publications such as The Family Handyman, Taste Of Home, and Earth911.
Peruse the latest washers and dryers and you’ll see features like sensors that adjust the water level to match the load of laundry, voice-activated start buttons, WiFi-enabled push notifications for when it’s time to move a load to the dryer, and more. And while there are environmentally friendly upsides to some of these features, “the more simple the machine, the less likely that things will fail,” Flint told me. In his experience repairing hundreds of washers and dryers over the years, “People save money on their initial purchase and the machine is going to last longer if you can minimize the features.”
The Energy Star certification is a great starting point in your shopping journey. But it shouldn’t be the be-all, end-all of your research. Energy Star represents a range of efficiency standards from different brands, with only the top models earning a “ Most Efficient” distinction.
You’ll still want to read reviews to get a better understanding of the reliability of the products you’re looking at, too. Though many new features on the market promise water and energy savings, they’re harder to repair yourself, meaning any potential fixes can get expensive. They can also have shorter lifespans than simpler models.
Eco-friendly washers and dryers are great for a whole laundry list (get it?) of reasons: They lower your household energy bill, they reduce emissions, they reduce wasted water, they’re often easier to install, and they can be gentler on your clothes. But they don’t necessarily save you time. Energy-efficient electric dryers can take up to twice as long to dry your clothes than traditional gas dryers. Still, all of our expert panelists agreed the upsides outweigh the drawbacks.
Yes, this is a buying guide for purchasing a new washer and dryer. But before you spend money on new appliances, you should consider working with what you already have.
If you’re dealing with an old or sub-optimally functional machine and wondering whether now is the time to upgrade, repairing your existing washer or dryer can actually be a smarter and thriftier solution; in fact, Consumer Reports only recommends replacing a dryer if it’s over 10 years old, electric, and cost less than $700 when you initially purchased it. Often, whatever’s going on doesn’t even require a professional to fix. “I think only rarely — let’s say about 20% of the time — would most people need to call in a technician,” Flint told me. Most washer and dryer problems are something you can fix using “normal household tools.” (More on that later.)
Keep in mind, even if you have an old washer or dryer that isn’t very energy efficient, “that’s still not even going to come close to touching the amount of energy that was used to produce and ship a new machine,” McDaniel told me. When your washer or dryer “actually fully stops working and it’s not doing what you need it to do — that’s when it’s time to upgrade.”
Typically, 1.5 to 3.4 cubic feet of capacity is suitable for a one- to two-person household, 3.5 to 4.4 cubic feet will do for two to three people, and 4.5 or more cubic feet will serve a household with more than three people. But having a new baby or pets might mean you do more loads of laundry than an average household, in which case sizing up is better.
Flint told me a common mistake he sees people make is overloading their washing machines, which can destroy an appliance’s rear bearing — the part of the machine that helps the drum rotate smoothly — a repair that is often so costly, it can make more sense to junk the whole machine. On the other hand, running small loads in a large-capacity washing machine can mean wasting water cleaning not-as-many clothes. Consider what washing machine would make the most sense for your needs to maximize efficiency.
Energy and water efficiency are two of the most common considerations when buying a washer and dryer, and are the primary focus of this guide. Some consumers may have additional concerns — McDaniel, for example, recommended looking for a Restriction of Hazardous Substances certification, which signals that an appliance complies with limits on heavy metals like lead and cadmium. Ethical considerations — including a manufacturer’s contributions to armed conflicts, labor practices, and sourcing of conflict minerals — are also worth close inspection. Ethical Consumer offers an excellent guide for finding a brand that best aligns with your values.
“The first thing that we always recommend is: If you need something new, try to go refurbished,” McDaniel told me. Still, there’s a right way and a wrong way to make a major second-hand purchase. McDaniel suggested going through a reputable source that offers a warranty, such as Best Buy (when searching online, make sure to filters for “Energy Star” and “open box” and check the product’s condition).
If you prefer the security of a new product, then it’s time to familiarize yourself with the Energy Star website. You can sort by Energy Star Most Efficient, which are the best of the best, as well as by price, brand, volume, front-load vs. top-load, vented, ventless, heat pump, gas, electric, and more. Energy Star also makes it easy to compare the specs of different products (just tick the “compare” box next to the machines you’re looking at, then scroll to the top to hit the orange “compare” button when you’re ready).
Dryers are the biggest energy suck in most homes, using two to four times as much energy as new washers and nearly twice as much as new refrigerators. McDaniel told me they are also responsible for the greatest wear and tear on clothes. Dryers are an especially American phenomenon; while more than 80% of households in the U.S. own a dryer, just 30% of European households do. That is to say, you probably don’t actually need one, and if you need to save money or space in your laundry routine, this would be the best place to look to make a cut.
“Not relying on a dryer is huge. I only use mine in the wintertime, and in the summer, I line dry my clothes — and the only reason I don’t do that in the winter is I literally don’t have the space inside,” McDaniel said.
Traditional vented dryers — the energy guzzlers of the American home — aren’t the only option anymore, though. The next best thing to a clothesline is a heat pump dryer, which Mauer told me is the “most efficient clothes dryer on the market today,” often far exceeding the Energy Star requirements. Heat pump dryers have a lower maximum temperature, though, so you don’t get that hot-out-of-the-dryer feel when the load is finished. It can also take an hour or more to dry a load of laundry fully. The bright side: Because the heat is lower, heat pump dryers are much gentler on your clothes.
“A big red flag for us is brands that don’t warranty their products in any capacity,” McDaniel told me. Buying a washer or dryer that is durable is important — Flint told me you should expect to get at least a decade of use out of a washer and dryer with proper maintenance and minor repairs — and a warranty is evidence that a company is building a product that they trust to last.
The Electrolux ELFW7637AT has one of the highest energy- and water-efficiency ratings of any washing machine on the market in 2024, with an IMEF of 3.2 and an integrated water factor of 2.6 — both of which are exceptional even by Energy Star’s standards. It also works. Reviewers have lauded its SmartBoost stain removal technology, its internal water heater, and its straightforward controls, although its 85-minute cycle time is a little longer than many other washers on the market.
Both Flint and McDaniel spoke highly of the German brand Miele, which makes this compact washing machine. Though its capacity is about half that of the Electrolux and it didn’t earn Energy Star’s highest level of certification (it has an IMEF of 2.9 and a IWF of 3.2), it is one of the more reliable and best-reviewed washers on the market.
Admittedly, you have to pay for that kind of dependability — Miele is a high-end brand with a sticker price that reflects it. The WXI860 gets high marks for its cleaning ability, including fill-and-forget auto-dispensing features, and boasts 72% lower energy consumption than conventional washers. Additionally, Miele has “a honeycomb-drum technology, so that when it puts the clothes in the spin cycle, it creates a thin film of water between the drum wall and the laundry,” McDaniel told me, which helps prevent clothing fibers from getting caught. “Little features like that that help keep our clothes in circulation for longer are also more sustainable.”
Mauer swears by heat pump dryers, and there are a number of good choices on the market right now. Beko is a favorite of the Sustainable Jungle team, in part because it has a filtration system to stop microplastics from synthetic fabrics from entering the waterways, as well as the company’s ambitious commitments to low-waste and recycled materials. This ventless Beko heat pump dryer is tiny but mighty, making it a great fit for small spaces (it can even fit under the kitchen counter), and it boasts a 2023 “Most Efficient” rating from Energy Star.
Being a heat pump dryer, though, it can take a while to dry clothes — one tester found it took 227 minutes to dry a large, bulky load to 100% — but plan ahead and Beko can give you major savings in the long run. Or, if the Beko isn’t quite what you’re looking for, check out Miele, which makes its own well-reviewed heat pump dryer (although it is small and pricy).
If a heat-pump dryer isn’t right for your lifestyle, the Electrolux ELFE7637AT is one of the more impressive electric dryers on the market right now, earning the Energy Star seal of approval. While it still isn’t super fast (fast takes a lot of heat, which takes a lot of energy, which makes a machine less efficient), reviewers say it can get a large load to 100% dry in 60 minutes if need be. It’s also the best-rated electric dryer on Consumer Reports’ list that isn’t one of the Samsung, LG, or GE models that Flint frequently gets called out to fix.
This combo washer-dryer uses heat pump technology in its dryer, making it one of the more energy-efficient single-unit models on the market. Unlike some of the other options on this list, however, its larger 4.8 cubic foot drum size is big enough for a two- or three-person household. While combo washer/dryers still have some downsides over their two-piece counterparts, including decreased efficiency in cleaning and especially drying, this is one of the better-reviewed units on the market.
Flint told me that you can often find older Kenmore Whirlpool series 80 machines on Craigslist that are “ really good, and tend to sell for about $250 when refurbished, and often come with a one-year warranty.” The only detriment, he said, is that they’re top-loaders — which waste a lot of water — but “if somebody just really needs a tough machine that is going to last, that was a really good design.”
Congratulations! You’re now the proud owner of a new washer and dryer. What happens now?
New washers and dryers are unfortunately not designed with longevity in mind — but that doesn’t mean you need to replace them if something goes wrong after four or five years.
“I can go up to a washing machine that is sitting in the dump, and I can open up the door, and I can spin the spin basket, and I can tell that it’s a perfectly good machine,” Flint told me.
Flint estimates that only about 20% of the time do people actually need to call in a technician to repair their appliances, pointing to fixes like replacing a blown fuse, unsticking a front-load washer that won’t spin, and swapping out a moldy washer door gasket as deceptively simple tasks. Get acquainted with DIY YouTube channels like Flint’s or repair blogs that explain solutions to common problems.
Still, sometimes you need to call in the big guns. In that case, Flint recommends doing your due diligence on a review service like Yelp beforehand.
Once you find someone you like, reach out with the model number of your machine and the symptom you’re experiencing and the technician “should be able to provide you a quote without coming out if they know what they’re doing,” Flint said. If someone does have to come out to figure out what’s going on, then that visit should be free. “Don’t go with someone who’s going to charge you to come out and diagnose the problem and then charge you to fix it.” Repairs to a front-loading washer will probably run around $170, according to Consumer Reports.
You can extend the life of your washer or dryer by following a few more rules of thumb.
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On a new plan for an old site, tariffs on Canada, and the Grain Belt Express
Current conditions: Phoenix will “cool” to 108 degrees Fahrenheit today after hitting 118 degrees on Thursday, its hottest day of the year so far • An extreme wildfire warning is in place through the weekend in Scotland • University of Colorado forecasters decreased their outlook for the 2025 hurricane season to 16 named storms, eight hurricanes, and three major hurricanes after a quiet June and July.
President Trump threatened a 35% tariff on Canadian imports on Thursday, giving Prime Minister Mark Carney a deadline of August 1 before the levies would go into effect. The move follows months of on-again, off-again threats against Canada, with former Canadian Prime Minister Justin Trudeau having successfully staved off the tariffs during talks in February. Despite those earlier negotiations, Trump held firm on his 50% tariff on steel and aluminum, which will have significant implications for green manufacturing.
As my colleagues Matthew Zeitlin and Robinson Meyer have written, tariffs on Canadian imports will affect the flow of oil, minerals, and lumber, as well as possibly break automobile supply chains in the United States. It was unclear as of Thursday, however, whether Trump’s tariffs “would affect all Canadian goods, or if he would follow through,” The New York Times reports. The move follows Trump’s announcement this week of tariffs on several other significant trade partners like Japan and South Korea, as well as a 50% tariff on copper.
The long beleaguered Lava Ridge Wind Project, formally halted earlier this year by an executive order from President Trump, might have a second life as the site for small modular reactors, Idaho News 6 reports. Sawtooth Energy Development Corporation has proposed installing six small nuclear power generators on the former Lava Ridge grounds in Jerome County, Idaho, drawn to the site by the power transmission infrastructure that could connect the region to the Midpoint Substation and onto the rest of the Western U.S. The proposed SMR project would be significantly smaller in scale than Lava Ridge, which would have produced 1,000 megawatts of electricity on a 200,000-acre footprint, sitting instead on 40 acres and generating 462 megawatts, enough to power 400,000 homes.
Sawtooth Energy plans to hold four public meetings on the proposal beginning July 21. The Lava Ridge Wind Project had faced strong local opposition — we named it the No. 1 most at-risk project of the energy transition last fall — due in part to concerns about the visibility of the turbines from the Minidoka National Historic Site, the site of a Japanese internment camp.
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Republican Senator Josh Hawley of Missouri said on social media Thursday that Energy Secretary Chris Wright had assured him that he will be “putting a stop to the Grain Belt Express green scam.” The Grain Belt Express is an 804-mile-long, $11 billion planned transmission line that would connect wind farms in Kansas to energy consumers in Missouri, Illinois, and Indiana, which has been nearing construction after “more than a decade of delays,” The New York Times reports. But earlier this month, Missouri Attorney General Andrew Bailey, a Republican, put in a request for the local public service commission to reconsider its approval, claiming that the project had overstated the number of jobs it would create and the cost savings for customers. Hawley has also been a vocal critic of the project and had asked the Energy Department to cancel its conditional loan guarantee for the transmission project.
New electric vehicles sold in Europe are significantly more environmentally friendly than gas cars, even when battery production is taken into consideration, according to a new study by the International Council on Clean Transportation. Per the report, EVs produce 73% less life-cycle greenhouse gas emissions than combustion engine cars, even considering production — a 24% improvement over 2021 estimates. The gains are also owed to the large share of renewable energy sources in Europe, and factor in that “cars sold today typically remain on the road for about 20 years, [and] continued improvement of the electricity mix will only widen the climate benefits of battery electric cars.” The gains are exclusive to battery electric cars, however; “other powertrains, including hybrids and plug-in hybrids, show only marginal or no progress in reducing their climate impacts,” the report found.
Aryna Sabalenka attempts to cool down during her Ladies' Singles semi-final at Wimbledon on Thursday.Julian Finney/Getty Images
With the United Kingdom staring down its third heatwave in a month this week, a new study warns of dire consequences if homes and cities do not adapt to the new climate reality. According to researchers at the University College London and the London School of Hygiene and Tropical Medicine, heat-related deaths in England and Wales could rise 50-fold by the 2070s, jumping from a baseline of 634 deaths to 34,027 in a worst-case scenario of 4.3 degrees Celsius warming, a high-emissions pathway.
The report specifically cited the aging populations of England and Wales, as older people become more vulnerable to the impacts of extreme heat. Low adoption of air conditioning is also a factor: only 2% to 5% of English households use air conditioning, although that number may grow to 32% by 2050. “We can mitigate [the] severity” of the health impacts of heat “by reducing greenhouse gas emissions and with carefully planned adaptations, but we have to start now,” UCL researcher Clare Heaviside told Sky News.
This week, Centerville, Ohio, rolled out high-tech recycling trucks that will use AI to scan the contents of residents’ bins and flag when items have been improperly sorted. “Reducing contamination in our recycling system lowers processing costs and improves the overall efficiency of our collection,” City Manager Wayne Davis said in a statement about the AI pilot program, per the Dayton Daily News.
Or at least the team at Emerald AI is going to try.
Everyone’s worried about the ravenous energy needs of AI data centers, which the International Energy Agency projects will help catalyze nearly 4% growth in global electricity demand this year and next, hitting the U.S. power sector particularly hard. On Monday, the Department of Energy released a report adding fuel to that fire, warning that blackouts in the U.S. could become 100 times more common by 2030 in large part due to data centers for AI.
The report stirred controversy among clean energy advocates, who cast doubt on that topline number and thus the paper’s justification for a significant fossil fuel buildout. But no matter how the AI revolution is powered, there’s widespread agreement that it’s going to require major infrastructure development of some form or another.
Not so fast, says Emerald AI, which emerged from stealth last week with $24.5 million in seed funding led by Radical Ventures along with a slew of other big name backers, including Nvidia’s venture arm as well as former Secretary of State John Kerry, Google’s chief scientist Jeff Dean, and Kleiner Perkins chair John Doerr. The startup, founded and led by Orsted’s former chief strategy and innovation officer Varun Sivaram, was built to turn data centers from “grid liabilities into flexible assets” by slowing, pausing, or redirecting AI workloads during times of peak energy demand.
Research shows this type of data center load flexibility could unleash nearly 100 gigawatts of grid capacity — the equivalent of four or five Project Stargates and enough to power about 83 million U.S. homes for a year. Such adjustments, Sivaram told me, would be necessary for only about 0.5% of a data center’s total operating time, a fragment so tiny that it renders any resulting training or operating performance dips for AI models essentially negligible.
As impressive as that hypothetical potential is, whether a software product can actually reduce the pressures facing the grid is a high stakes question. The U.S. urgently needs enough energy to serve that data center growth, both to ensure its economic competitiveness and to keep electricity bills affordable for Americans. If an algorithm could help alleviate even some of the urgency of an unprecedented buildout of power plants and transmission infrastructure, well, that’d be a big deal.
While Emerald AI will by no means negate the need to expand and upgrade our energy system, Sivaram told me, the software alone “materially changes the build out needs to meet massive demand expansion,” he said. “It unleashes energy abundance using our existing system.”
Grand as that sounds, the fundamental idea is nothing new. It’s the same concept as a virtual power plant, which coordinates distributed energy resources such as rooftop solar panels, smart thermostats, and electric vehicles to ramp energy supply either up or down in accordance with the grid’s needs.
Adoption of VPPs has lagged far behind their technical potential, however. That’s due to a whole host of policy, regulatory, and market barriers such as a lack of state and utility-level rules around payment structures, insufficient participation incentives for customers and utilities, and limited access to wholesale electricity markets. These programs also depend on widespread customer opt-in to make a real impact on the grid.
“It’s really hard to aggregate enough Nest thermostats to make any kind of dent,”” Sivaram told me. Data centers are different, he said, simply because “they’re enormous, they’re a small city.” They’re also, by nature, virtually controllable and often already interconnected if they’re owned by the same company. Sivaram thinks the potential of flexible data center loads is so promising and the assets themselves so valuable that governments and utilities will opt to organize “bespoke arrangements for data centers to provide their services.”
Sivaram told me he’s also optimistic that utilities will offer data center operators with flexible loads the option to skip the ever-growing interconnection queue, helping hyperscalers get online and turn a profit more quickly.
The potential to jump the queue is not something that utilities have formally advertised as an option, however, although there appears to be growing interest in the idea. An incentive like this will be core to making Emerald AI’s business case work, transmission advocate and president of Grid Strategies Rob Gramlich told me.
Data center developers are spending billions every year on the semiconductor chips powering their AI models, so the typical demand response value proposition — earn a small sum by turning off appliances when the grid is strained — doesn’t apply here. “There’s just not anywhere near enough money in that for a hyperscaler to say, Oh yeah, I’m gonna not run my Nvidia chips for a while to make $200 a megawatt hour. That’s peanuts compared to the bazillions [they] just spent,” Gramlich explained.
For Emerald AI to make a real dent in energy supply and blunt the need for an immediate and enormous grid buildout, a significant number of data center operators will have to adopt the platform. That’s where the partnership with Nvidia comes in handy, Sivaram told me, as the startup is “working with them on the reference architecture” for future AI data centers. “The goal is for all [data centers] to be potentially flexible in the future because there will be a standard reference design,” Sivaram said.
Whether or not data centers will go all in on Nvidia’s design remains to be seen, of course. Hyperscalers have not typically thought of data centers as a flexible asset. Right now, Gramlich said, most are still in the mindset that they need to be operating all 8,760 hours of the year to reach their performance targets.
“Two or three years ago, when we first noticed the surge in AI-driven demand, I talked to every hyperscaler about how flexible they thought they could be, because it seemed intuitive that machine learning might be more flexible than search and streaming,” Gramlich told me. By and large, the response was that while these companies might be interested in exploring flexibility “potentially, maybe, someday,” they were mostly focused on their mandate to get huge amounts of gigawatts online, with little time to explore new data center models.
“Even the ones that are talking about flexibility now, in terms of what they’re actually doing in the market today, they all are demanding 8,760 [hours of operation per year],” Gramlich told me.
Emerald AI is well aware that its business depends on proving to hyperscalers that a degree of flexibility won’t materially impact their operations. Last week, the startup released the results of a pilot demonstration that it ran at an Oracle data center in Phoenix, which proved it was able to reduce power consumption by 25% for three hours during a period of grid stress while still “assuring acceptable customer performance for AI workloads.”
It achieved this by categorizing specific AI tasks — think everything from model training and fine tuning to conversations with chatbots — from high to low priority, indicating the degree to which operations could be slowed while still meeting Oracle’s performance targets. Now, Emerald AI is planning additional, larger-scale demonstrations to showcase its capacity to handle more complex scenarios, such as responding to unexpected grid emergencies.
As transmission planners and hyperscalers alike wait to see more proof validating Emerald AI’s vision of the future, Sivaram is careful to note that his company is not advocating for a halt to energy system expansion. In an increasingly electrified economy, expanding and upgrading the grid will be essential — even if every data center in the world has a flexible load profile.
’We should be building a nationwide transmission system. We should be building out generation. We should be doing grid modernization with grid enhancing technologies,” Sivaram told me. “We just don’t need to overdo it. We don’t need the particularly massive projections that you’re seeing that are going to cause your grandmother’s electricity rates to spike. We can avoid that.”
The saga of the Greenhouse Gas Reduction Fund takes another turn.
On July 3, just after the House voted to send the reconciliation bill to Trump’s desk, a lawyer for the Department of Justice swiftly sent a letter to the U.S. Court of Appeals for the D.C. Circuit. Once Trump signed the One Big Beautiful Bill Act into law, the letter said, the group of nonprofits suing the government for canceling the biggest clean energy program in the country’s history would no longer have a case.
It was the latest salvo in the saga of the Greenhouse Gas Reduction Fund, former President Joe Biden’s green bank program, which current Environmental Protection Agency Administrator Lee Zeldin has made the target of his “gold bar” scandal. At stake is nearly $20 billion to fight climate change.
Congress created the program as part of the Inflation Reduction Act in 2022. It authorized Biden’s EPA to award that $20 billion to a handful of nonprofits that would then offer low-cost loans to individuals and organizations for solar installations, building efficiency upgrades, and other efforts to reduce emissions. The agency announced the recipients last summer, before its September deadline to get the funds out.
Then Trump took office and ordered his agency heads to pause and review all funding for Inflation Reduction Act programs.
In early March, buoyed by a covert video of a former EPA employee making an unfortunate and widely misunderstood comparison of the effort to award the funding to “throwing gold bars off the edge” of the Titanic, Zeldin notified the recipients that he was terminating their grant agreements. He cited “substantial concerns” regarding “program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with agency’s priorities.”
In court proceedings over the decision, the government has yet to cite any specific acts of fraud, waste, or abuse that justified the termination — a fact that the initial judge overseeing the case pointed out in mid-April when she ordered a preliminary injunction blocking the EPA from canceling the grants. But the EPA quickly appealed to the D.C. Circuit Court, which stayed the lower court’s injunction. The money remains frozen at Citibank, which had been overseeing its disbursement, as the parties await the appeals court’s decision.
As all of this was playing out, Congress wrote and passed the One Big Beautiful Bill Act. The new law rescinds the “unobligated” funding — money that hasn’t yet been spent or contracted out — from nearly 50 Inflation Reduction Act programs, including the Greenhouse Gas Reduction Fund. According to an estimate from the Congressional Budget Office, the remaining balance in the fund was just $19 million.
The Trump administration, however, is arguing in court that the OBBBA doesn’t just recoup that $19 million, but also the billions in awards at issue in the lawsuit. Congress has rescinded “the appropriated funds that plaintiffs sought to reinstate through this action,” Principal Deputy Assistant Attorney General Yaakov Roth wrote in his July 3 letter, implying that the awards were no longer officially “obligated” and that all of the money would have to be returned. Therefore, “it is more clear than ever that the district court’s preliminary injunction must be reversed,” he wrote.
Roth cited a statement that Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, made on the floor of the Senate in June. She said she agreed with Zeldin’s decision to cancel the Greenhouse Gas Reduction Fund grants, and that it was Congress’ intent to rescind the funds that “had been obligated but were subsequently de-obligated” — about $17 billion in total. She did not acknowledge that Zeldin’s decision was being actively litigated in court.
On Monday, attorneys for the plaintiffs fired back with a message to the court that the reconciliation bill does not, in fact, change anything about the case. They argued that the EPA broke the law by canceling the grants, and that the OBBBA can’t retroactively absolve the agency. They also served up a conflicting statement that Capito made about the fund to Politico in November. “We’re not gonna go claw back money,” she said. “That’s a ridiculous thought.”
Capito’s colleague Sheldon Whitehouse, a Democrat, offered additional evidence on the floor of the Senate Wednesday. He cited the Congressional Budget Office’s score of the repeal of the program of $19 million, noting that it was the amount “EPA had remaining to oversee the program” and that “at no point in our discussions with the majority, directly or in our several conversations with the Parliamentarian, was this score disputed.” Whitehouse also called up a previous statement made by Republican Representative Morgan Griffith, a member of the House Energy and Commerce Committee, during a markup of the bill. “I just want to point out that these provisions that we are talking about only apply as far, as this bill is concerned, to the unobligated balances,” Griffith said.
Regardless, it will be up to the D.C. Circuit Court as to whether the lower court’s injunction was warranted. If it agrees, the nonprofit awardees may still, in fact, be able to get the money flowing for clean energy projects.
“Wishful thinking on the part of DOJ does not moot the ongoing litigation,” Whitehouse said.