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Four takeaways from a week of earnings.

Every few months, corporate earnings announcements give us the chance to (pretty literally) take stock of how the energy transition is going. After a rocky end-of-year for many renewables companies, this earnings season was, perhaps, more warily anticipated than most.
A bunch of energy companies reported this week, ranging from fossil fuel stalwarts to the bleeding edge of decarbonization and in between. The results indicate an industry that's a bit unsure of itself — showing promising signs overall, but with lots still to figure out, especially in how to make offshore wind a real business. Everyone expects growth, but turning that growth in consistent profits can be tricky.
Here are four takeaways from a mixed bag:
GE’s renewable energy business is a kind of snapshot for utility scale investment: it's doing a lot, but at least for now struggling to make money and taking a bath on offshore wind. The business reported both a fourth quarter loss and a full-year loss for 2023, but its onshore wind turbine business was profitable, as was its business servicing the electric grid. Offshore wind, meanwhile, remained something of a money suck.
So while one large offshore wind order was cancelled (likely a New Jersey project), GE’s renewables head Scott Strazik said the massive SunZia wind project in the Southwest was still full steam ahead with an order for 2.4 gigawatts worth of wind capacity.
The rush to build out new power lines to deliver new electricity also buoyed GE’s business, with “a number of large [high voltage direct current] orders” — infrastructure for sending power over long distances — and a 40% jump in orders for power transformers, equipment necessary to help move electricity. “There’s a lot of healthy demand across renewables that we expect to continue into 2024,” Strazik said.
That demand is coming from companies like NextEra, which combines a regulated utility in Florida with a wind, solar, and storage development business. The company told investors in a presentation on Thursday that it “continues to see strong demand for new renewables and storage,” and had added 9,000 megawatts of combined renewables and storage in 2023. The company said it would spend almost $2 billion to build out transmission through 2027, creating a virtuous cycle with manufacturers like GE.
If NextEra is on one end of the storage business, then Tesla is on the other. The former builds out utility-scale battery operations, often on the same sites as solar projects, and could “operate up to 53 gigawatts of generation with the potential to co-locate battery storage,” its chief executive John Ketchum told investors.
In Tesla’s earnings call on Wednesday, meanwhile, CEO Elon Musk spotlighted the company’s Tesla Energy business, which sells the Powerwall battery and solar system, as an area of high growth while its core auto business goes through a period of transition. A new model code-named “Redwood” coming, Musk said, in 2025.
Musk said the company’s energy storage business “delivered nearly 15 GW-hours of batteries in 2023, compared to 6.5 GW-hours the year before,” growth he described as “tremendous.” And while investors were miffed that Tesla didn’t provide a forecast for growth in car sales — which implied it wouldn’t hit its traditional 50% target — Musk was happy to say that he thought the company’s storage business “would grow much faster than the car business.”
While the oil majors have yet to release their fourth quarter earnings, the market got a hint at how things were going from the results released by Halliburton, the oil services firm that’s also a major player in fracking.
The company hiked up its dividend and reported both revenue and profit growth in 2023. Overall, the business was the most profitable it had been “in over a decade,” the company’s chief financial officer, Eric Carre, told analysts.
It did, however, note that the footprint of its North American business was shrinking as the number of active oil rigs had declined, and that it expected “flattish revenue and margin environment,” the company’s chief executive, Jeff Miller, added. Meanwhile, overseas, Miller
said he expected industry spending to “grow at a low double-digit pace,” with “multiple years of sustained activity growth.”
He did not, however, expect an end to oil any time soon. “[The] long-term expansion of the global economy will continue to create enormous demands on all forms of energy,” Miller said. “I expect oil and gas remains a critical component of the global energy mix with demand growth well into the future.”
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One of the world’s leading climate scientists agrees with Gates in spirit, but thinks we can go much further in practice.
There are a lot of things I agree with in Bill Gates’ new memo on climate change. The recent cutbacks on international spending on vaccination, malaria control, feeding the hungry, and poverty alleviation by many of the world’s richest countries (driven in part by a desire for more military spending) are a catastrophe that will cost thousands, if not millions of lives. Adaptation is a critically important part of addressing climate change, and a world with more prosperity and less inequality is one where we can better deal with the impacts of climate change — at least up to a point.
But in other areas I feel that it needlessly sets up a conflict between laudable goals. We can both mitigate emissions and alleviate poverty, disease, and hunger. While there are some tradeoffs, it is more a question of policy priority than a zero-sum game. Similarly, I feel that Gates is a bit too cavalier in his treatment of climate risk.
Given the strong reactions to Gates’ memo on both the left and the right, I thought it would be helpful to provide a more measured reaction and critique, and give some thoughts on how to move forward to — as Gates suggests — have the most positive impact on the world.
Bill Gates — through his philanthropic work with the Gates Foundation — has done more than almost anyone else on the planet to meaningfully improve the lives of the world’s poorest. The Gates Foundation was the founding funder of Gavi, which helped expand vaccination in the global south and drive down prices. They did key work to help eradicate polio and combat HIV, tuberculosis, and malaria, as well as deliver sanitation and clean drinking water, and worked to raise smallholder farmer yields and income through access to agricultural technology.
The recent gutting of the United States Agency for International Development — and smaller reductions in aid spending by other countries — is a humanitarian catastrophe and threatens to undo much of the work that the Gates Foundation supported over the past few decades. I can see why, in light of these urgent needs, he is suggesting that resources to combat climate change be repurposed toward dealing with poverty, hunger, and disease.
But this assumes that funding for climate and development cancel each other out. Here I think that Gates errs in his analysis for a few reasons.
First, the vast majority of spending on climate mitigation worldwide is not in low-income countries, and there is little reason to assume that cutting it would free up resources for development aid. The world spent more than $2 trillion on clean energy technologies (albeit somewhat expansively defined) in 2024, but the overwhelming majority of this was spent by middle- and high-income countries (e.g. China, the U.S., the EU, the UK, India, Japan) to build domestic clean energy, build transmission, buy electric vehicles, electrify heating, etc.
The idea that spending less on domestic mitigation would create more budget space for international development is fundamentally misguided. It’s hard to imagine that the Trump administration will revitalize development spending based on savings from cutting domestic green energy subsidies. Both development aid and climate mitigation spending represent relatively small shares of GDP in higher income countries, and there is space for policy to be able to prioritize spending on both without trading them off against each other. It is much more likely that any reduction in mitigation spending will be repurposed for other domestic priorities — leaving the poorest and most vulnerable parts of the world even worse off.
Second, there are a number of ways that technologies can accomplish goals of climate mitigation and development simultaneously: solar and storage for electrification of more remote areas, clean cookstoves to reduce deforestation, and technologies to reduce both outdoor and indoor air pollution that kills millions per year globally are just a few examples.
That being said, we should take a hard look at international spending priorities for programs in the poorest countries, which, in turn, are the least responsible for global emissions today. Here adaptation should be strongly prioritized, and restrictions around finance for some fossil fuels (e.g. natural gas development in Sub-Saharan Africa) that could help support greater clean energy deployment should be reconsidered. We should generally spend more than we are today on adaptation and development (though the two are strongly related), and mitigation should be less of a priority in low-income countries.
Richer countries should be the ones taking the lead on emissions reductions — and paying a premium that will help drive down the costs of clean energy technologies so that they can be adopted cost effectively by lower income countries. Indeed, that’s largely been the story of our successes here to date, with countries like China, India, and Brazil adopting ambitious net-zero goals in part because they see the cost of meeting them as modest and not trading off against their development priorities.
Third, the idea that we should “spend less” on climate adaptation is a dangerous misunderstanding of the problem. There is no world where we don’t spend money dealing with climate impacts. Rather, our choice is between spending money now, e.g. to build a seawall, or spend money later to rebuild the city after it floods. Our choice here should be guided by the fact that adaptation in advance is cheaper than adaptation after the disaster. In other words, spending money today on adaptation is the cheaper option that will better promote health and welfare of the world’s poorest citizens.
In his memo, Gates highlights the progress we’ve made on climate change to-date, noting that:
Ten years ago, the International Energy Agency predicted that by 2040, the world would be emitting 50 billion tons of carbon dioxide every year. Now, just a decade later, the IEA’s forecast has dropped to 30 billion, and it’s projecting that 2050 emissions will be even lower.
Read that again: In the past 10 years, we’ve cut projected emissions by more than 40%.
This progress is not part of the prevailing view of climate change, but it should be. What made it possible is that the Green Premium—the cost difference between clean and dirty ways of doing something—reached zero or became negative for solar, wind, power storage, and electric vehicles. By and large, they are just as cheap as, or even cheaper than, their fossil fuel counterparts.
Gates is right that cheap clean energy represents a remarkable success story, and is one of the reasons why projections of future warming have fallen from around 3.5 degrees Celsius a decade ago to around 2.7 degrees today.
But focusing on these precise temperature outcomes in 2100 is problematically reductionist. Our emissions are just one of three factors that will determine the future warming of the planet. (And we should remember that current policies represent neither a ceiling nor a floor on current emissions, particularly at a time when some governments are actively rolling them back.)
Even if we knew future emissions precisely, the warming in 2100 remains highly uncertain. It depends both on the sensitivity of the climate to our increased atmospheric greenhouse gas concentrations — the response of various climate feedbacks like clouds and surface reflectivity — and how the carbon cycle responds to both our emissions and the changing climate.
Due to the combination of these uncertainties, it’s possible that we could think we are heading for 2.7 degrees of warming and stop at 3.7 degrees (or even 4+ degrees) even if we roll 6s on the proverbial climate dice. And we won’t know precisely how sensitive the climate is (despite some recent progress) until it’s too late to avoid where we’ll end up.
This means that we should think of mitigation less as targeting (or avoiding) a particular outcome and more as hedging against risk. We should do more mitigation — all things considered — than if we had certainty in the climate response because of the high damages associated with less likely but still quite possible tail risks. Or as the late climate economist Marty Weitzman memorably put it, when it comes to climate change “the sting is in the tail.”
Gates is right to note that climate change “will not lead to humanity’s demise,” but I’d suggest that this represents a bit of a straw man. Outside a fringe community of climate doomers, there are few who think that climate change could realistically threaten the extinction of the human race (though some folks need to be a bit cautious about throwing around the term “existential threat” willy nilly). As the climate scientist Steven Schneider was fond of saying, for climate change, “the end of the world and good for you are the two lowest probability outcomes”.
But not being an existential threat does not tell us all that much, as almost nothing aside from a planet-killing asteroid or (possibly) an all-out global thermonuclear war rises to that highest of bars. Every other problem humanity deals with — war, violence, famine, poverty — is not existential but is still critically important. This is more or less Gates’ point, that climate should be treated as one of many problems we need to solve rather than an all-encompassing ur-problem. But by and large, the majority of people and policymakers have been treating it as just that.
Gates posits that society can best address climate change by working to reduce the green premium associated with clean energy technologies.
The idea of the green premium is compelling. As noted earlier, a lot of the progress that society has made on reducing emissions over the past 15 years has come on the back of near-miraculously rapid declines in the cost of clean energy technologies. Cheaper clean energy in turn enables more ambitious policy adoption, as the costs of getting to net-zero emissions turn from astronomical to manageable.
But I’d suggest that it is somewhat incomplete, at least in its more straightforward interpretation. There is an idea that innovation and markets alone will necessarily solve the problem in the absence of policy interventions — that if we can just make clean energy cheap enough, the world will sufficiently decarbonize to avoid potentially catastrophic impacts from climate change.
This may be the case, but it also may not. Innovation cuts both ways — the success of hydraulic fracturing and horizontal drilling technology has drastically reduced the cost of natural gas and oil production. There are lots of resources going into producing fossil fuels more cheaply, and while I’m hopeful that the cost of solar, batteries, wind, nuclear, geothermal, and other clean energy technologies will fall faster, there is no law of physics that says it will inevitably be cheaper.
Hoping that clean energy will be absolutely cheaper than fossil fuels at a scale needed to decarbonize our energy system is a gamble — and one with loaded dice. There are real costs associated with fossil fuel use — from air pollution, from climate change, from local environmental damage. These are currently borne by the public and not by the companies producing fossil fuels. As long as the costs remain socialized while the benefits are privatized, the market alone will not lead to the optimal level of deployment of clean energy technologies.
This is where policy comes in: We either need to include the “brown costs” of fossil fuels in their market price (e.g. a carbon tax, something that has been not very politically palatable to date) or be willing to pay some ongoing green premium in cases where clean energy remains more expensive to account for the real costs of climate and pollution.
Policy also plays a key role in technology. The rapid and amazing drop in the price of solar energy over the last few decades has been driven to a large extent by government support of the technology. The free market may have done this by itself, but it would have likely taken many decades longer.
I don’t think Gates would necessarily disagree with any of this, but it’s an important rejoinder for those who assume that innovation alone is sufficient to address the problem.
The reception of the Gates memo was an unfortunate reflection of our extremely polarized politics. Some climate advocates dismissed it as denialism or the second coming of Bjorn Lomborg, while those on the right (including President Trump) portrayed it as proof that the science was wrong and climate change was actually a hoax.
Gates tried at length and upfront to make his position clear that climate change is a big problem, and that his interest is on near-term prioritization of resources. But most interpreted the memo through their ideological priors (many likely without actually reading it).
To be clear: Climate change is a very important problem. It needs to be solved, along with other problems like malaria and malnutrition. Every tenth of a degree of heating that we prevent is hugely beneficial because a stable climate makes it easier to improve people’s lives.
Our inability to have nuanced discussions about these matters is detrimental to the broader societal discussion about serious issues like climate change. The portrayal of climate as an all or nothing problem, coupled with the U.S.’s thermostatic politics where control of government commonly switches between parties, is a recipe for a lack of clear long term action on climate or any other big societal problem that gets caught up in the politicized culture wars. While I don’t know how to change society to make science less politicized and to center the debate around the best solutions rather than the physical reality of the problem, a change is sorely needed.
Ultimately Gates’ memo is making the case that we need to set a higher priority on helping the world’s most vulnerable in a time when aid to them is being cut. I broadly agree. But deprioritizing mitigation spending is not a very effective way to accomplish that goal, outside of the relatively modest amount of money the world spends today on mitigation in the least developed countries.
When there is an option to spend money already going to these countries in a way that provides the greatest benefits for the population even if it does not reduce (or even increases) emissions, we should probably do it. But the vast majority of the resources we spend on decarbonization today in middle and upper income countries will not magically be repurposed for international development aid if we deprioritize climate change as an issue. And deprioritizing climate change as an issue risks substituting near-term benefits for long-term harms that are nearly impossible to reverse.
A world of unabated climate change will impact the poor most severely. Addressing it requires two strategies in tandem: prioritizing development and poverty alleviation to build adaptive capacity (and human flourishing), and reducing emissions rapidly in middle and upper-income countries to mitigate future climate impacts and drive down the cost of clean energy technologies so they can be more readily adopted by low income countries. Perhaps I’m unduly optimistic, but I think that society should be able to do both.
Editor’s note: A version of this article originally appeared in the author’s newsletter, The Climate Brink, and has been repurposed for Heatmap.
Current conditions: A sharp dip in the jet stream will channel Arctic air from the Plains to the Northeast, with snow expected this weekend in Minneapolis, Chicago, and Detroit • Northern California is bracing for potential power outages amid winds of up to 90 miles per hour • Temperatures of about 91 degrees Fahrenheit in Jerusalem just broke records for November temperatures dating back nearly 150 years.

The world’s most important climate summit is set to begin. The first phase of the 30th Conference of the Parties to the United Nations Framework Convention on Climate Change — better known as COP30 — is slated to kick off this morning with a Leaders’ Summit that will bring together 143 delegations, including 57 heads of state and 39 ministers in Belém, a bayside city near Brazil’s northern coast. Negotiations over how to tighten ways to implement global emissions rules and hasten the speed of cuts are set to begin officially on Monday. COP30 President André Corrêa do Lago on Wednesday unveiled a $1.3 trillion climate finance roadmap to fulfill promises made at last year’s meeting in Azerbaijan, but told reporters that “there is no plan” for the roadmap even to be discussed at the summit, let alone formally adopted, according to Climate Home News.
Taking place against the backdrop of the United States’ withdrawal from climate negotiations and pullback of ambition from many other countries, the confab comes as the latest modeling from Rhodium Group consultancy shows the world is now on track to blow past the Paris Agreement’s 2-degree Celsius target but avoid the cataclysmic warming once forecast. The data projects the world will warm between 2 and 3.9 degrees above pre-industrial averages by the end of the century. As Heatmap’s Emily Pontecorvo wrote this week, that range is largely unchanged from Rhodium’s 2023 forecasts, suggesting that, “in the long run,” the Trump administration’s policies “might not mean much for the climate’s trajectory.”
Stardust Solutions, the U.S.-based, Israeli-led geoengineering startup just raised $60 million to commercialize technology to reflect the sun’s heat back into space, has quietly begun lobbying the U.S. government for contracts. In the first quarter of this year, the company hired law firm Holland & Knight to start appealing to Congress, but didn’t disclose its efforts “due to a clerical error,” the lobbyist told E&E News on Wednesday.
To many scientists, geoengineering is too dangerous to even study, posing a moral hazard to decarbonization by offering a temporary solution to the effects of warming. But, as I reported exclusively in this newsletter in September, more than 100 scientists — including former President Joe Biden’s science adviser — signed onto a public letter calling for a publicly-accountable research program to start now in case global warming gets bad enough that a country or corporation tries to unilaterally carry out geoengineering before it’s fully understood. The emergence of a major commercial contender such as Stardust suggests the tides are turning in favor of the technology. As Heatmap’s Robinson Meyer reported last month in a scoop about Stardust’s fundraising, the company claims its technology will be ready to go by the start of the next decade.
Meanwhile, data center companies are sparking a boom in Beltway influence-peddling. The four largest cloud providers — Amazon, Microsoft, Google, and Meta — have all “reported tens of millions of dollars in federal lobbying in 2025 alone,” according to a new analysis from the federal records nonprofit OpenSecrets. The number of lobbyists per data center has also increased. Meta hired 21 more lobbyists this year than last year, and ChatGPT-maker OpenAI increased its stable of lobbyists nearly sevenfold since 2023.
The lobbying push comes amid mounting backlash. A Heatmap poll published in September found that only 44% of Americans would welcome a data center near their homes.
Taiwan this week took what may be its most significant step yet toward restarting its nuclear reactors. In May, the island became one of the only countries in world history to abandon nuclear power entirely after shutting down its final reactor. The move rendered the self-governing republic, which China claims as a breakaway territory despite the Communist Party never ruling there, almost entirely dependent on imported fossil fuels for its energy. Electricity prices are soaring — the domestic rates the Taiwan Semiconductor Manufacturing Company, the country’s national industrial champion, now pays are the highest of any of its global operations — and outages have grown. Worse yet, Taiwan is now vulnerable to blockades by the Chinese military that could weaponize blackouts in much the same way Russia has against Ukraine. Despite this, the ruling Democratic Progressive Party in Taiwan, which nominally supports independence from China, has opposed nuclear power since its inception. While Taiwanese President Lai Ching-te struggled to halt the final shutdown in the year after he took office, his administration has expressed an openness to nuclear power again.
On Wednesday, the state-owned utility Taipower submitted its assessment of how to restart shuttered reactors to the Ministry of Economic Affairs. In a referendum in August on whether Taiwan should restart its most recently closed plant, a majority of voters who cast ballots approved the measure, yet the plebiscite failed because it did not attract a large enough share of eligible voters. But the United Daily News reported that Taipower’s top boss said “there are opportunities and conditions” for restarting not just that last plant but the country’s second station, too. The news comes just days after Spain, the only country still pursuing a nuclear phaseout plan, officially started the paperwork to reconsider the policy, as I reported in Monday’s newsletter.
The new generation of geothermal startups promising to use novel drilling techniques to expand the energy source’s footprint get a lot of attention. But Ormat Technologies dominates the U.S. industry with conventional operations. In August, Ormat entered a strategic partnership with one of the next-generation companies, Sage Geosystems, in a move analysts told me at the time amounted to the giant in the space picking a “winner” among the newcomers. Yet Ormat’s latest earnings suggest it’s found a new area for growth: storage. Revenue from energy storage deals skyrocketed 108% year over year thanks to good weather conditions and higher capacity prices in the PJM Interconnection, the nation’s largest grid. The company said it expects annual growth in the sector of up to 17% over the next three years, Utility Dive reported.
Depending on how you feel about arachnids, this will either horrify you or delight you. Scientists just discovered the world’s biggest spider web, a subterranean “megacity” spanning nearly 1,080 square feet in a sulfur cave on the Albania-Greece border. Attached to a wall near the cave’s entrance, the colony — much like our own urban dwellings — has a large and diverse population. Roughly 69,000 Tegenaria domestica, known as the domestic house spider, call the web network home, along with 42,000 Prinerigone vagans spiders. Researchers believe this to be the first documented case of a colonial web formation for both species.
But this might all be moot thanks to the “major questions doctrine.”
Could President Trump’s expansive interpretation of the International Emergency Economic Powers Act empower a future president to, gasp, tariff carbon intensive goods?
That’s the terrifying prospect Justice Neil Gorsuch, a staunch conservative who often votes in line with Trump and his administration’s positions, raised to Solicitor General D. John Sauer in Wednesday’s oral arguments in the federal court case seeking to throw out Trump’s tariffs.
In a series of questions designed to draw out what limits Sauer thought existed on executive power, Gorsuch asked, “Could the president impose a 50% tariff on gas-powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?” (This echoed the language of the statute the Solicitor General cited to justify the tariffs.)
“It’s very likely that could be done,” Sauer conceded.
“I think that would have to be the logic of your view,” Gorsuch replied.
“Obviously this administration would say that’s a hoax, this is not a real crisis,” Sauer said.
“I’m sure you would,” Gorsuch said to chuckles.
“But that would be a question for Congress, under our interpretation, not the courts,” Sauer said.
Gorsuch’s questioning touched on the “major questions doctrine,” first propounded in the court’s 2022 opinion in West Virginia v. Environmental Protection Agency. In that case, which resulted in the court striking down the Obama-era Clean Power Plan power plant regulations, the conservative majority argued that “given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims,” which it claimed the rules lacked.
In a note to clients following the emissions rules case, the white shoe law firm Davis Polk wrote that the majority opinion “does not provide guidance for applying the major questions doctrine in future cases,” but noted that a concurrence authored by Justice Gorsuch “attempted to provide such guidance for future cases.” In said concurrence, Gorsuch wrote that the major questions doctrine could be invoked when the executive branch is dealing with a question of “great political significance” or “a significant portion of the American economy.”
Hmm!
Some progressives flagged this aspect of the tariffs case as it worked its way through the courts, pointing out that it could call into question powers that future presidents may want to use to implement expansive industrial policy, including climate policy. Some of the broader legal arguments against the tariffs, Todd Tucker of the progressive Roosevelt Institute wrote in a brief, “tilt the scales overwhelmingly against progressive priorities.”
“Limits on Trump today will bind future presidents tomorrow. This could include centrists, progressives, MAGA types, or traditional conservatives, who will need or want robust executive tools to address ruinous competitiveness or climate emergencies.”
But in pursuit of their clients’ interests, advocates for striking down the tariffs were more than happy to pick up the thread dropped by Gorsuch to make libertarian-leaning arguments about presidential powers.
“It is simply implausible that in enacting” the International Emergency Economic Powers Act, the law Trump has used to justify his retributive import taxes, “Congress handed the president the power to overhaul the entire tariff system and the American economy in the process, allowing him to set and reset tariffs or any and every product from any and every country at any and all times,” Neal Katyal, the lawyer arguing on behalf of a beer and wine distributor and a longtime figure in Democratic legal circles, said in his oral argument.
Perhaps seeking to appeal to the Republican majority on the court, Katyal returned to Justice Gorsuch’s climate change example, arguing that “if the government wins, another president could declare a ’climate emergency’ and impose huge tariffs without floors or ceilings, as Justice Gorsuch said.”
“My friend’s answer,” Katyal said, referring to Sauer, “is, ‘This administration would declare it a hoax.’ The next president may not quite say that.”
Many legal experts thought that the administration got the worse of the oral arguments and questioning of the attorneys, with conservative Justices Gorsuch and Amy Coney Barrett and Chief Justice John Roberts all asking skeptical questions of Sauer, while Justices Clarence Thomas and Samuel Alito repeatedly threw the White House argumentative lifelines, including, in Alito’s case, suggesting other laws that could justify the tariffs.
Alito even gently mocked Katyal, a Democrat who served as acting solicitor general in the Obama administration, for blatantly using conservative-tinged legal arguments about the scope of executive authority over the economy.
“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the non-delegation argument,” referring to the idea that certain powers are too much akin to lawmaking to delegate to the executive branch, which in theory could vastly restrict the authority of regulators.
But Katyal resisted the implied contradiction and persisted in targeting the right wing of an already conservative Supreme Court.
“Heck yes,” Katyal said. “I think Justice Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended — unlike anything we’ve ever seen.”