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The small hydrogen plant at the Port of Stockton illustrates a key challenge for the energy transition.

Officials at the Port of Stockton, an inland port in the Central Valley of California, were facing a problem. Under pressure from California regulators to convert all port vehicles to zero-emissions models over the next decade or so, they had made some progress, but had hit a wall.
“Right now we only have one tool, and that is to electrify everything,” Jeff Wingfield, the port’s deputy director, told me. The Port of Stockton has actually been something of a national leader in electrifying its vehicles, having converted about 40% of its cargo-handling equipment from diesel-powered to battery-electric machines to date. But there aren’t electric alternatives available for everything yet, and the electric machines they’ve purchased have come with challenges. Sensors have malfunctioned due to colder weather or moisture in the air. Maintenance can’t be done by just any mechanic; the equipment is computerized and requires knowledge of the underlying code. “We’ve had a lot of downtime with the equipment unnecessarily. And so when we’re trying to sell that culture change, you know, these things can set back the mindset and just the overall momentum,” said Wingfield.
The port also needs its tenant companies to make the switch, but according to Wingfield, they are hesitant to invest in the electric truck models available today. They’re more interested in hydrogen fuel-cell trucks, he said, which are also zero-emissions, and there’s even a vendor selling them right down the street. The problem was there was no source of hydrogen within an hour and a half of the port.
It was these conditions that got Wingfield and his colleagues excited about BayoTech, a company that wanted to build a new hydrogen plant there — even though BayoTech was going to make hydrogen from methane, the main component of natural gas, in a carbon emissions-intensive process. Hydrogen fuel-cell powered trucks don’t release any of the carbon or toxic pollutants that diesel trucks release, but the process of making the hydrogen fuel can still be dirty.
While the port was considering BayoTech’s proposal, California leadership was committing the state to building out a climate-friendly hydrogen industry. In July, the Biden administration awarded California $1.2 billion for a $12.6 billion plan to build new, zero-emissions hydrogen supply chains. “California is revolutionizing how a major world economy can clean up its biggest industries,” Governor Gavin Newsom said. “We’re going to use clean, renewable hydrogen to power our ports and public transportation – getting people and goods where they need to go, just without the local air pollution.”
Nonetheless, the port approved the fossil fuel-based hydrogen plant in August.
The case illustrates the complexities of this moment in the energy transition. At its center is a question: Should we gamble with higher emissions today on the premise that it could help lower emissions in the future? It’s a gamble that many climate advocates, guided by warnings from scientists about the consequences of continued fossil fuel use, fear will do more harm than good.
The port, which was the lead agency for the environmental review process, estimated that if all of the fuel BayoTech produced was used as a replacement for diesel, it would result in a net decrease in emissions of 4,317 metric tons of CO2 per year, which is like taking 1,000 cars off the road. Still, the plant will emit about 18 kilograms of carbon for every kilogram of hydrogen it produces — more than four times higher than the Department of Energy’s standard for “clean” hydrogen.
Climate and environmental groups in Stockton oppose the project. They’ve raised a number of concerns about it and the conditions under which it was approved, but one is the missed opportunity. “At a time when incentives are lining up for cleaner production methods,” Davis Harper, the carbon and energy program manager at the local group Restore the Delta, told me, “and at a time when the state in particular is really trying to transition away from methane, to approve a new steam methane reforming project in a community that’s already suffering from so many cumulative impacts of industrial pollution — it’s a major regression.”
Between operations at the port, highways, warehouses, and other industrial activity, Stockton ranks in the 96th percentile for pollution burden in California, and in the 100th percentile for cases of asthma. In addition to carbon dioxide, the BayoTech plant will release nitrogen oxides, carbon monoxide, and particulate matter. Harper and other local advocates want the community to have more of a say in shaping regional economic development and defining what its hydrogen future looks like. “I think it puts a stain on what the opportunity for hydrogen might be in the community,” he said.
But Wingfield told me it wasn’t an either/or scenario. “I mean, nobody was approaching us with a green hydrogen project,” he said. Even if someone was, Wingfield said green hydrogen was still too expensive and that no one would buy it. The port is supporting state-wide efforts to develop a more sustainable supply of hydrogen in the future, he said, “but it is slow, and for us, we need something now.”
There’s a chicken-and-egg challenge to getting a clean hydrogen economy going. In addition to a new supply of fuel, it will require investments in new vehicles, fueling stations, and modes of delivering the gas — and that’s just for trucking. Decarbonization experts also see potential to use hydrogen for cargo ships, steelmaking, and aviation. “I agree, you know, don’t wait around for the green projects that are being planned to come online,” Lew Fulton, the director of the energy futures research program at the U.C. Davis Institute of Transportation Studies, told me. “There’s a whole bunch of things we need to learn by doing. And so from that point of view, you could argue, well, in the first few years, it doesn’t matter that much what kind of hydrogen it is.”
When I asked Catharine Reid, BayoTech’s chief marketing officer, what brought the company to Stockton, she told me California is a key market and the San Joaquin Valley is currently a dead-zone for the fuel. The Regional Transit District recently purchased five new fuel-cell buses, but to fuel them, it will have to truck in hydrogen from other parts of the state. BayoTech’s business model is designed to address this kind of local need. The company builds small, modular plants and sites them as close to the point of consumption as possible to avoid the cost and emissions associated with transporting the fuel. The project in Stockton will produce just 2 tons of hydrogen per day, or enough to fill the tanks of about 50 trucks. By contrast, the average hydrogen plant in California, which mostly delivers the gas to oil refineries and fertilizer plants, produces closer to 200 tons per day. “We anticipate that that demand will be snapped up quickly,” said Reid.
The port approved the plant using an abbreviated environmental review process — another aspect that troubled the advocates I spoke to — which required BayoTech to mitigate some of its most significant impacts. To reduce pollution, the company will install equipment that cuts the plant’s nitrogen oxide emissions. It has also committed to using zero-emissions vehicles for at least 50% of deliveries. But the biggest pollutant that will come out of the plant is carbon dioxide — just over 12,000 metric tons of it per year. That’s not much compared to the average hydrogen plant. The smallest existing hydrogen plant in California, Air Products’ Sacramento facility, has the capacity to produce more than twice as much hydrogen as BayoTech will, but emitted nearly four times as much carbon in 2021, according to state data. One of BayoTech’s selling points is its technology’s efficiency.
The company has also committed to developing a community benefits plan, which is still in the works, though BayoTech has already signed an agreement to use local union labor and committed to donate $200,000 over the next four years to the community.
Part of BayoTech’s agreement with the port is that it will lower its emissions by purchasing carbon credits from producers of so-called “renewable natural gas,” or RNG, which can mean methane captured from landfills or from cow manure pits. It’s considered low-carbon because the methane would otherwise be released into the atmosphere, where it would warm the planet far more than carbon dioxide. In theory, credit sales help finance systems to capture the gas and use it for energy instead.
I asked Reid why, when there was so much focus on and funding available for clean hydrogen, like California’s $12.6 billion initiative and lucrative new federal tax credits, the company was investing in the fossil-fueled kind. She suggested that once the federal tax credit rules are finalized, the plant may in fact be eligible for the subsidies. That’s because the guidelines might allow hydrogen plants that buy RNG credits to qualify. “It’s a well established system that’s validated,” Reid said of the credits, “and the environmental benefits are there.”
It’s true that this system of RNG credits is well-established. It’s already written into California climate policy. The state has a low carbon fuel standard designed to drive down the average carbon intensity of transportation fuels over time. When it comes to calculating the carbon intensity of hydrogen for the regulations, there’s a workaround. If the hydrogen is made from natural gas, but the supplier purchases RNG credits, they can report their hydrogen as having a very low or even negative carbon intensity.
But the environmental benefits of these credits are the subject of much debate. Notably, fuel producers can buy credits from all over the country, and they don’t have to prove that their purchase had an additional effect on emissions beyond what might have happened otherwise. Though these credits may have some environmental benefit, they are certainly not causing carbon to be removed from the atmosphere, as implied by a negative carbon intensity. In an op-ed for Heatmap, scholars Emily Grubert and Danny Cullenward urged the Treasury Department not to adopt this same carbon accounting scheme for the federal tax credit, writing that it “would undermine the tax credit’s entire purpose.” They estimate that a fossil hydrogen project could qualify as zero-emissions by offsetting just 25% of its natural gas use. This could make it much harder for truly green hydrogen — like the kind made from electricity and water — to compete.
Interestingly, California’s new $12.6 billion clean hydrogen initiative appears to renounce RNG credits. A frequently asked questions page for the plan says that it “will not include the use of plastics, dairy biogas, or fossil methane paired with biomethane credits.”
Still, the California Governor’s Office of Business and Economic Development praised the BayoTech project in public comments, writing that it would “contribute to achieving California’s ambitious climate and pollution reduction goals.”
The letter seemed to be mistaken about what it was supporting, however, noting that the facility would “utilize woody biomass, helping to address two needs — utilization of a waste stream and production of renewable hydrogen.” When I reached out to the governor’s office, spokesperson Willie Rudman told me the reference to woody biomass was an accident, “resulting from a mix-up with another project.” Still, the office supports the project, he said, due to “commitments made by the developer to utilize renewable natural gas as the feedstock, which can be transported to the production facility via existing natural gas pipelines.”
When I noted that this, too, was a mix-up, and that BayoTech would be buying RNG credits, not using the fuel directly, Rudman responded that this was a cost-effective and perfectly acceptable practice under California’s low-carbon fuel standard.
If you view BayoTech’s plant as a bridge to get the hydrogen economy underway, Ethan Elkind, director of the climate program at the University of California, Berkeley’s Center for Law, Energy and the Environment, told me, it’s important to know how to get to the other side. “Is this just a lifeline for the oil and gas industry, to give them another product that they can sell, which those profits then go back into drilling more oil and gas?” He said he wasn’t categorically opposed to the idea of using natural gas to produce hydrogen for now, as long as there were built-in mechanisms to convert the facility to zero-emissions down the line.
Wingfield of the Port of Stockton asserted that BayoTech’s plant would become cleaner over time, but the port has no such commitment in writing, and it’s also not entirely clear how. BayoTech’s Reid was not sure whether the Stockton plant would find a local source of RNG. She said the company was looking, but that it was rare to find alignment between BayoTech’s business model — putting hydrogen production very close to demand — and RNG suppliers. The only other route to cleaner production, other than completely replacing the plant with one that runs on electricity, would be to install carbon capture equipment. But Reid said the amount of carbon the plant produces will be so small that it may not justify the expense. “We continue to talk to players in the industry and evaluate what they’re bringing out commercially to see if there’s a match with our production units,” she said.
Construction on the plant will begin in a few months, Reid told me, and won’t take long. BayoTech expects to be delivering hydrogen in 2025.
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The Trump administration has asked a court to re-examine a key permit for Revolution Wind in Rhode Island.
This is Heatmap Daily, an evening news digest written by our executive editor. Subscribe here.
Updated, 11:05 p.m. ET
At the end of the day, the biggest threat to the bipartisan permitting deal probably isn’t green groups, the fossil fuel industry, or monopoly utilities. It’s President Trump himself.
The legislative proposal is meant to constrain the president from tampering with clean energy projects — and if it passes, then some of its provisions seem like they could do so. But in order for it to pass, Trump must adhere to the deal that he brokered with the bill’s Senate Democratic negotiators, Sheldon Whitehouse of Rhode Island and Martin Heinrich of New Mexico.
Under that deal, the Trump administration must allow the 30 wind farms held up by what is normally a Department of Defense box-checking exercise to proceed. (Trump himself agreed to allow these projects to move forward, according to Politico reporting from last month.) More broadly, the administration has to make a show of good faith that it will return to what Whitehouse has called “regular order” on wind and solar permits. That could include approving a longer list of more than 200 onshore wind projects held up in the queue.
That somewhat informal deal is now facing its biggest test yet. On Friday, the Department of Justice filed a motion in court to re-examine a key permit granted to Revolution Wind, a nearly complete offshore wind farm being built off the coast of Rhode Island. The filing was first reported by Bloomberg.
Revolution Wind is one of six Biden-era offshore projects that is now operating or at least still moving forward. It could eventually produce as much as 700 megawatts of electricity. (Other offshore wind projects have accepted Trump’s $4 billion payouts.)
This isn’t the first time that the Trump administration has gone after this particular offshore project: The White House fought, and then resoundingly lost, an effort to stop work on Revolution Wind last year. But the timing of the filing — and the fact that it’s happening in Senator Whitehouse’s backyard — could make this filing far more significant.
In a post on X, the White House energy official Jarrod Agen seemed to play down the legal move without fully disowning it.
“This is an old lawsuit brought by the local community—who had serious concerns about this project—against the Biden Administration!,” he wrote. (The lawsuit in question was filed by Green Oceans, an anti-wind-energy group. Its law firm has what The New York Times described as “close ties” to the conservative legal movement.)
The White House still supports permitting reform, Agen added, adding that “the media should stop their attempts to blow up a GREAT deal for the American people!”
Sorry, Jarrod — we’re just doing our job. After we initially published this story, Senators Whitehouse and Heinrich sent a joint statement: “Frankly, we need to get permitting certainty in law, and this proves it,” they said. “In the meantime, the administration needs to start showing good faith progress on wind permits.”
A bipartisan group of senators proposed major reforms to the country’s environmental laws last month in an effort to speed up the federal approval process for energy projects of all kinds. If it passes, one of the Bipartisan American Affordability and Jobs Act’s biggest changes would be transforming the U.S. court system’s role in federal environmental reviews.
The bill would constrain who can challenge federal environmental decisions in court, which courts can hear those challenges, what plaintiffs can argue in those cases, and what remedies are available when the plaintiffs win. In particular, it would become a lot more difficult — though not impossible — for outside groups to stop construction on a project or vacate a permit if they deemed it to be environmentally risky.
Part of the motivation for the bill, at least among Democrats, is the idea that the National Environmental Policy Act, or NEPA, has become a significant obstacle to building clean energy projects and the infrastructure required to connect them to the grid. The bill includes a number of changes to NEPA that would expedite environmental reviews and prevent legal challenges under NEPA from dragging out project timelines.
But the bill’s restrictions on judicial remedies may be the most significant change, several legal experts told me. “My perhaps overly simplistic view, perhaps a really cynical view, is that the remaining 100 pages of the bill devoted to NEPA are all going to be irrelevant in light of that remedy provision,” said Matthew Littleton, a lawyer who previously served as deputy assistant attorney general at the U.S. Department of Justice’s Environment and Natural Resources Division under the Biden administration.
NEPA is an information-gathering statute. It says that when the federal government makes certain decisions, such as issuing permits or regulatory rules, it must consult with all of the agencies with relevant expertise, invite public comment, and, if the decision could have significant effects on the environment, conduct a wide-ranging assessment of those effects that includes comparisons to alternative actions.
Depending on the decision at hand, the government may have to do some of this analysis under other environmental laws, such as the Clean Air Act and Clean Water Act, but those requirements are narrower. NEPA fills in the gaps. While a Clean Air Act analysis may look at whether a project complies with federal pollution limits, a NEPA analysis would assess the broader effects of the pollution on local communities and surrounding wildlife, and consider whether locating the project elsewhere could accomplish the same goals with reduced risk.
While NEPA can inform an agency’s decision, the law does not require the agency to act on that information. If a NEPA review of an oil leasing program turns up substantial risks, for example, the government can still move forward with it unchanged. If an environmental group sues the government for not considering all of the relevant impacts, or studying enough alternatives, or getting some aspect of the analysis wrong, however, the court can vacate the agency’s decision, or at least issue an injunction on the lease sale while the agency addresses the issue.
A Supreme Court decision last year already significantly narrowed NEPA, giving agencies more discretion to decide how much environmental analysis they need to do on a project’s upstream and downstream effects. Experts expected the ruling to make it much harder for outside groups to win an injunction on a project or vacate a permit.
The new bill would go much farther. If communities or other stakeholders sue the government for violating NEPA and win, the courts could no longer issue an injunction or vacate the government’s decision. The bill would leave the courts with a single remedy: forcing the agency to address whatever gap in its analysis the lawsuit revealed.
To Littleton, this change would make NEPA more or less irrelevant. Today, he explained, agencies and developers face the risk that if they do not do a thorough job complying with NEPA, the courts could suspend their decisions, vacate their permits, or pause construction on their projects. It’s hard to know how big of a role that risk plays in agency decision-making, but if it disappears, so too does the incentive for anyone to spend time on a NEPA analysis.
Agencies are under-resourced and have a lot on their plates, Littleton said. “If at the end of the day you know a court is not going to stop you, even if you completely ignore the statute, you’re going to take the action as quickly as you can, consistent with your other obligations.” In other words, the worst that could happen is that a federal court tells the relevant agency to go back and do some more paperwork while construction continues.
The bill would make the same changes to the National Historic Preservation Act, a similar procedural law that requires agencies to study a decision’s effects on properties of cultural or historic significance. “If Congress has decided that NEPA and the NHPA have outlived their usefulness or do more harm than good, people should be willing to own that and say it and explain why that’s so,” Littleton said. “And if it’s not so, then maybe they need to figure out how to have a far narrower NEPA or NHPA review, but something where it actually matters if you don't do it.”
To be clear, none of this means there will be no way to stop a project from being built or to vacate its permits. Outside groups can still challenge agency actions under the Administrative Procedure Act, Alex Mechanick, an assistant professor at Johns Hopkins and a former senior counselor in the Office of Management and Budget under the Biden administration, told me. The APA is a larger umbrella law that says agencies cannot violate the Constitution or federal regulations or act arbitrarily or capriciously.
“Arbitrary and capricious action is already unlawful under the APA and could lead to agency action being vacated or enjoined regardless of BAAJA,” Mechanick said. A court might find that an agency violated the APA if a decision had undeniably worse environmental costs than benefits, if a less damaging option offered the same benefits, or if the agency simply chose not to analyze a relevant aspect of the decision. If the Interior Department was considering a new oil and gas leasing plan and didn’t consider effects on local wildlife, a court might deem that arbitrary and capricious. If the agency studied those effects, found significant risks, and then ignored them entirely with no explanation, that could also constitute a violation of the APA.
Littleton didn’t disagree with Mechanick’s assessment. If the bill passes, he said, the NEPA process may become the mechanism agencies use to comply with the APA rather than an end in itself.
The bill makes a more far-reaching change to legal challenges under the Clean Water Act. That law requires developers to secure a Section 404 permit when their project involves placing dredged materials into a body of water or wetland. It asks the Army Corps of Engineers to collect public comments, analyze the environmental impacts, and evaluate alternatives — much like NEPA. In this case, however, the analysis is not just procedural. Depending on what it reveals, the Corps may be legally required to deny the permit.
As with NEPA and the NHPA, the Senate bill would remove a federal court’s ability to vacate a Section 404 permit if it finds a deficiency in the Army Corps’ analysis. But the bill also specifically prevents vacatur for challenges under the APA. In either case, there is an exception for if the court finds that the “activities authorized under the permit would present an imminent and substantial danger to human health or the environment.”
Mechanick called this a “timing rule,” since the court’s options will depend on how far along the project is. The agency either has enough time to act before harm is imminent, or it doesn’t. “I don’t understand why you should have to wait until the harm is imminent to enjoin the agency,” he said, “but I suppose the idea is that this is a lighter touch remedy until it’s really a do-or-die moment.”
On Korea’s Westinghouse wishes, a lithium deal, and British heat pumps
Current conditions: New York City’s temperature is set to rise as high as 80 degrees Fahrenheit this week before plunging as the coldest weather so far this season blows into the Northeast • Temperatures in Denver have been above 80 degrees for the past 11 days straight • Nearly 200,000 households, mostly in Florida, are still without electricity after Hurricane Isaias.
In theory, news of President Donald Trump’s deal with Russia to pump millions of tons of diesel into the global market should have eased oil prices. Instead, all three major crude benchmarks spiked Monday by nearly 1.5%. Only West Texas Intermediate, the U.S. metric that has largely evaded the worst knock-on effects of conflict in the Middle East, remained below $100 per barrel. The hike came as the Houthi attacks on Saudi Arabia over the weekend weighed heavily on investors’ minds, eclipsing whatever impact the diesel deal could have had.
Speaking at an industry summit in Riyadh, from which executives from Western oil majors bowed out at the last minute following missile strikes on the airport in the Saudi capital, the head of the country’s state oil company warned that not even Saudi Arabia had the capacity to protect all the supply routes off its coasts for getting hydrocarbons from the region to the world. “No nation, even one as capable and confident as ours, can safeguard them alone,” Aramco CEO Amin Nasser said, according to Arab News.
TotalEnergies took more than $1 billion from the Trump administration to kill off its offshore wind projects. But don’t take that as a sign the French energy behemoth is abandoning American renewables. The company’s joint venture with private equity giant KKR announced a deal to add 700 megawatts of solar to its portfolio of 1.4 gigawatts. The $1.2 billion acquisition includes three utility-scale solar farms in Texas and Ohio that are expected to reach commercial operation in the first quarter of next year.

South Korea is in a bind. The Korea Electric Power Corporation, through its subsidiary Korea Hydro & Nuclear Power, represents the most competent financier and builder of nuclear reactors anywhere in the democratic world, having constructed the United Arab Emirates’ debut atomic power stations relatively on time and on budget compared to U.S., French, and British projects. But the leading Korean reactor, the APR1400, allegedly borrowed from the American nuclear champion Westinghouse’s pressurized water reactor design. A yearslong legal feud ended last year with a settlement that bars the Koreans from bidding on projects in Europe or North America. In a deal this month with the Trump administration to stave off tariffs, Seoul has agreed to help finance and construct six Westinghouse AP1000s and two of its own APR1400s in the U.S., giving the Americans a leg up on nuclear construction and the Koreans a foothold in North America.
In South Korea, where the Westinghouse settlement has widely been considered unfair, the government is signaling other plans to gain more leverage. For starters, KEPCO’s chief executive Kim Dong-cheol said the claim that the settlement requires the company to pay Westinghouse $2 billion per nuclear plant to use its technology was misunderstood. “It is true that $2 billion is the ceiling, but it does not mean we will pay all of it,” he said. But the more eyebrow-raising detail in his interview with the financial newspaper Business Korea is that KEPCO is considering a plan to acquire an equity stake of between 5% and 10% in Westinghouse. Rumors of a potential deal to buy part of Westinghouse have been circulating in the Korean press for weeks now. Anything seems to be on the table these days, but when I have asked multiple sources on the U.S. side about it, all of them shrugged off the possibility to me.
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When The New York Times ran a glowing profile of the lithium startup EnergyX back in 2021, industry sources at the time mocked the coverage to me as too credulous — a sign of how unsophisticated the popular American press was at writing about critical minerals at the time. The Wall Street Journal glazed the firm’s chief executive, Teague Egan, in its own profile three years later. So it was with light surprise and amusement that I read Reuters reporter Ernest Scheyder’s latest story about the company: EnergyX just signed a $2 billion binding offtake to supply the commodities giant Trafigura with the battery metal from Chile and the U.S. It’s one of the largest deals ever tied to direct lithium extraction, the technology EnergyX is trying to commercialize, which uses less water than standard methods of mining the metal. The 10-year contract comes amid growing demand from the stationary battery storage market as the grid and data centers eat what unsteady sales of electric vehicles has left on the plate.
The British government plans to cut hundreds of millions of dollars from the national program to upgrade boilers in England and Wales, providing £9,000, or nearly $12,000, to finance the switch to heat pumps. The cuts, which the Financial Times reported Monday had drawn a backlash against the ruling Labour Party, are part of a broader bid by Prime Minister Andy Burnham to slash £2 billion in the budget to make way for more military spending. The reductions began in June under former Prime Minister Keir Starmer with a study to identify potential cuts. Starmer singled out the Department of Energy Security and Net Zero, particularly after the agency received a 16% annual increase to fund projects such as the nuclear buildout at Sizewell C, carbon capture infrastructure, and insulation to make homes more energy efficient.
The move is sure to ripple across the climate policy world. Roughly a week ago, Daniel Aldana Cohen, an assistant professor at the University of California at Berkeley, was extolling the benefits of ramping up U.S. production of heat pumps in response to soaring heating prices this winter due to the fossil fuel supply crunch. “Every year that we don’t do a wartime mobilization on heat pumps, we’re ruining people’s lives,” the early advocate of a Green New Deal wrote in a post on X. “Heat pumps will always outperform heating oil, cut costs, add summer AC. And would be fantastic for labor, small businesses, worker co-ops.”
As quickly as a spark of atmospheric electricity strikes, the Ford F-150 Lightning disappeared, with the final model of the all-electric pickup truck rolling off the assembly line last year. Now, Bloomberg reports, “it has become one of the most coveted cars in America and a glowing ember in the red-hot market for used electric vehicles.” The price of a used Lightning is 50% to 60% of the sticker price, which one expert told the newswire “is really a sweet spot.”