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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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Secretary of Energy Chris Wright canceled 24 decarbonization grants worth $3.7 billion.
Secretary of Energy Chris Wright is clawing back 24 grants for projects to cut emissions from heavy industry after signaling earlier this month that he was reviewing the Biden administration’s award decisions. The total lost funding comes to just over $3.7 billion, and would have helped a wide range of companies, including those in food and beverage production, steelmaking, cement, and chemicals deploy cutting edge clean energy solutions.
The agency, however, decided that the projects “failed to advance the energy needs of the American people, were not economically viable and would not generate a positive return on investment of taxpayer dollars,” according to the announcement.
Most of the cancelled projects were part of the Industrial Demonstration Program, which was created by the Inflation Reduction Act and designed to help commercialize decarbonization solutions that were past the early experimental stage, but were also not quite ready for mass deployment.
Proponents of the program found the DOE’s decision outrageous. “They’re not building an economy — they’re dismantling it and giving away the future of manufacturing,” Evan Gillespie, a partner at the advocacy group Industrious Labs, said in a statement. Canceling these projects is “handing the competitive advantage to Europe, China, Canada, and other nations that are making significant investments in clean manufacturing while leaving the U.S behind,” he added.
The Kraft Heinz Food Company, for example, was supposed to get $172 million to swap out fossil fuel-fired boilers and other heating equipment for electric heat pumps and solar thermal systems at 10 of its factories. “This project seeks to help a major American brand achieve deep decarbonization and serve as an example for other U.S. food and beverage companies to reduce emissions from process heat while reducing energy costs,” the original award from the DOE said. Diageo, the liquor conglomerate, and Kohler, the kitchen and bathroom appliance brand, were also among the awardees.
Cement production is one of the biggest sources of industrial emissions in the world, and also among the most difficult to decarbonize due to an integral chemical reaction that releases carbon into the atmosphere regardless of whether the plant burns fossil fuels. Experts aren’t sure yet what the best solution will be, and the DOE program awarded a variety of projects to test different pathways.
Heidelberg Materials, one of the largest cement companies in the world, was going to get $500 million to demonstrate the first cement plant to capture and sequester its carbon emissions in the U.S. A company called Sublime Systems that’s using an alternative chemistry and electric currents to make cement was supposed to receive $87 million to build its first commercial-scale factory in Holyoke, Massachusetts. Just last week, Sublime signed a deal to supply 623,000 metric tons of zero-carbon cement to Microsoft, in part to support the tech giant’s data center buildout. Another company called Brimstone was awarded $189 million to produce low-carbon cement alongside alumina, the base material used to make aluminum.
“Given our project's strong alignment with President Trump's priority to increase U.S. production of critical minerals, we believe this was a misunderstanding,” a spokesperson for Brimstone told me. “Brimstone's Rock Refinery represents the only economically viable way to produce the critical mineral alumina in the U.S. from U.S.-mined rocks. As the first U.S.-based alumina plant in a generation, our project — which would also make Portland cement — would clear a 'mine-to-metal' path for U.S. aluminum production, fortifying the U.S. critical mineral supply chain and creating thousands of jobs.”
Sublime also shared a statement asserting that its technology would enable the Trump administration’s priorities. “We continue our bipartisan appeal to leaders who recognize that investing in American-invented breakthrough industrial technologies can address multiple policy priorities in tandem to the benefit of Americans from all walks of life,” Sublime said. The company added that it has “prepared for the possibility of this disappointing outcome” and is “evaluating various scenarios that leave our scale-up unimpeded.”
Oil and gas companies were also hit. A $332 million grant to help Exxon switch to green hydrogen at one of its refineries was canceled, as were $540 million in grants for the energy company Calpine to install carbon capture on its natural gas plants.
“It is hugely disappointing to see these projects canceled — projects that had already progressed through a rigorous, months-long review process by technical experts at DOE,” Jessie Stolark, the executive director of the Carbon Capture Coalition, said in a statement. While Wright said the terminations would generate taxpayer savings, Stolark argued they were depriving Americans of economic benefits. “Every dollar invested by the American taxpayer can lead to up to $4 in economic output through additional supply and material orders, job creation, and broader economic benefits to regional economies,” she wrote, citing a Department of Energy-authored analysis.
None of the awardees responded to my inquiry as to whether they would consider pursuing legal challenges. According to the law under which the program was created, the funding was to be awarded “on a competitive basis,” based on the expected greenhouse gas emission reductions from the project and its potential to provide the greatest benefit to the greatest number of people. Additional criteria in the agency’s application process said it would evaluate projects based on the “degree to which the applicant assesses and demonstrates potential market competitiveness and sustainability for the proposed project, technology, and manufactured product(s) through market analysis and offtake agreements.”
Notably absent from the list of canceled projects is a grant for the steelmaking company Cleveland Cliffs. Earlier this month, I reported that the company was renegotiating its award under the Industrial Demonstration Program. On an earnings call, its CEO said it was abandoning plans to use clean energy and instead looking to use the funds to extend the life of its fossil fuel-fired blast furnace.
If gone unchallenged, the funding is not likely to be re-awarded to other projects. The budget bill that is currently working its way through Congress would rescind any money from the Industrial Demonstrations Program that isn’t under contract.
Especially with carbon capture tax incentives on the verge of disappearing, perhaps At One Ventures founder Tom Chi is onto something.
Technology to suck carbon dioxide out of the air — a.k.a. direct air capture — has always had boosters who say it’s necessary to reach net zero, and detractors who view it as an expensive fig leaf for the fossil fuel industry. But when the typical venture capitalist looks at the tech, all they see is dollar signs. Because while the carbon removal market is still in its early stages, if you look decades down the line, a technology that can permanently remove residual emissions in a highly measurable fashion has got to be worth a whole lot, right? Right?
Not so, says Tom Chi, founder of At One Ventures and co-founder of Google’s technological “moonshot factory,” X. Bucking the dominant attitude, he’s long vowed to stay away from DAC altogether. “If you’re trying to collect carbon dioxide in the air, it’s like trying to suck all the carbon dioxide through a tiny soda straw,” Chi told me. Given that the concentration of CO2 in the atmosphere sits at about 0.04%, “2,499 molecules out of 2,500 are not the one you’re trying to get,” Chi said. “These are deep, physical disadvantages to the approach.”
He’s obviously not the first to realize this. DAC companies and their scientists are well aware of the challenges they face. But investors are generally comfortable taking on risk across a host of different technologies and industries on the premise that at least a few of their portfolio companies will hit it big. As such, a nascent market and challenging physics are not inherent reasons to steer clear. DAC’s potential to secure cash-rich oil and gas industry buyers is pure upside.
Most prominent climate tech venture capital firms — including Lowercarbon Capital, Breakthrough Energy Ventures, Prelude Ventures, and Khosla Ventures — have at least one DAC company in their portfolios. At One Ventures itself has backed everything from producing oxygen on the moon (while also decarbonizing steel) to indoor solar cells and thorium-powered nuclear reactors, a hobbyhorse of techno-optimist nuclear bros and former presidential candidate Andrew Yang. So the fact that Chi won’t touch DAC is no small deal.
His hesitation stems from a matter of scale.To capture that 0.04% of atmospheric carbon, many DAC companies use giant fans to pull in large volumes of air from the atmosphere, which then pass through either a solid filter or a liquid solution that chemically captures the carbon dioxide. Although some companies are pursuing alternate approaches that rely on passive air contact rather than energy-intensive fans, either way, the amount of air that reaches any DAC machine’s so-called “collection aperture” is minuscule “relative to the scale of planet Earth,” Chi told me.
He views this as the core pitfall of the technology. “Half of the [operating expense] of the system is just trying to go after a technical disadvantage that you took on from day one,” Chi said. “By comparison, nature based restorations have enormous apertures,” Chi told me. “Think about the aperture of all the forests on the planet. Think about the aperture of all the soils on the planet, all the wetlands on the planet, the ocean.” His preferred methods of carbon removal are all nature-based. “In addition, their sequestration tends to be photosynthesis-powered, which means we’re not burning natural gas or using grid electricity in order to go make that thing work.”
Nature-based solutions often raise eyebrows in the carbon removal and reduction space, though, bringing to mind highly questionable carbon offsets such as those earned via “avoided deforestation.” The inherent counterfactual — would these trees really have been cut down if we didn’t buy these credits? — is difficult to measure with any certainty, and a 2023 investigation by The Guardian found that the majority of these types of credits are essentially bogus.
This same essential question around measurability plagues everything from afforestation and reforestation to soil carbon sequestration, biochar application, and wetland restoration. It’s extremely difficult to measure how much carbon is stored — and for how long — within complex, open ecosystems. On the other hand, engineered solutions such as direct air capture or bioenergy with carbon capture and storage are simple to quantify and promise permanent storage, making them attractive to large corporate buyers and easy to incentivize via mechanisms such as the federal carbon sequestration tax credit.
When I put all this to Chi, his response was simple. “It’s not an advantage to be able to measure something that can’t solve the problem,” he told me. For a moment, it seemed as if we had hit an intellectual dead end. For now, carbon removals and reductions are mainly driven by the voluntary carbon market, where prices are based on the exact tonnage of carbon removed. Reputable buyers don’t want to be burned again by investing in difficult to quantify offsets, and the current administration certainly doesn’t seem likely to step in with nature-based removal mandates or purchasing commitments anytime soon.
Chi’s answer to this conundrum is “financial enclosure,” essentially a fancy way of saying we need to monetize the value of nature-based systems. In many cases, he admitted, we don’t quite yet know how to do that, at least in a way that benefits the common good. “We figured out how to financially enclose a forest, clear cut it in order to go make board feed and paper and pulp,” he explained. But we don’t know how to financially enclose the benefit of preserving said forest, nor many other ecosystems such as wetlands that serve as highly effective carbon sinks.
At One Ventures has backed companies that work with a variety of buyers — from national governments to mining companies and farmers — that have a financial stake in (or are legally required to care about) ecosystem preservation and restoration. “Sometimes people break nature hard enough that it becomes that obvious. And then they have to go fix it,” Chi told me. “We’re going to invest in the companies that make it possible to go do that at incredibly low cost structures.”
One portfolio company, Dendra Systems, uses robots, drones, and other automated methods to do large scale ecosystem restoration, such as replanting mangroves in parts of the world such as Myanmar and Abu Dhabi where they’ve been cleared for property development or industrial use. The governments of both countries are paying Dendra to do this after realizing that removing mangroves had catastrophic consequences —- destroying subsistence fishing, wrecking erosion breaks — that would cost more to ameliorate than simply replanting the trees.
Then there’s Dalan Animal Health, which is developing vaccines for honeybees as hives become more vulnerable to disease. While not directly focused on carbon removal, the company has successfully “financially enclosed” pollination, as industrial farmers whose crops depend on pollinators will pay for the vaccine. This helps restore healthy ecosystems that can ultimately draw down more carbon. Chi told me that insurance companies have also shown a willingness to pay for nature-based solutions that can help lessen the impact of disasters such as floods or hurricanes.
While the carbon benefits of these companies are simply a bonus, the firm has invested in one pure play removal company, Gigablue. This startup releases engineered particles into the ocean that attract carbon-absorbing phytoplankton. As the particles accumulate more plankton, they sink to the ocean floor, where the carbon is then stored. Using onsite sampling and other advanced techniques, Chi told me that this tech is “very measurable” while also having an “aperture [that] is as wide as the ocean area that we’ve sprinkled things onto.”
Though Chi dislikes the illogical nature of the voluntary carbon market — he would much prefer a “polluter pays” system where money is directed towards nature-based sequestration — he knows that with the markets we have, precise measurability is paramount. So At One Ventures is throwing money at this, too. Portfolio company Chloris Geospatial combines satellite data and machine learning to measure biomass from space and track changes over time, helping legitimize forest-based removals. And Miraterra is focused on novel sensing tech and advanced modeling that allows farmers to calculate the amount of carbon in their soil.
But even if the carbon stored in natural ecosystems never becomes quite as measurable as engineered carbon removals, Chi thinks investors, companies, or governments should still be going all in. “When your volume is so much larger, then you can even throw big error bars around your measurability and still be miles ahead,” he told me.
Many investors say they want it all. You’ll see them funding nature-based and engineered carbon removal companies alike in an effort to take a “portfolio approach” to carbon removal. Chi, unsurprisingly, thinks that’s hogwash. “It’s weasel words to be like, it’s an important part of this portfolio,” he told me. The United Nations Intergovernmental Panel on Climate Change also advocates for a diversified approach, without saying DAC itself is strictly necessary. DAC is “not going to do 1%, and it’s going to be massively more expensive than your other 99%,” Chi said. “At some point you’re going to be like, why is this in the portfolio?”
It’s certainly a more blunt assessment of the industry’s viability (or lack thereof) than I’ve heard any investor hazard before. But there may be more folks starting to come around to Chi’s perspective. With government support for DAC in question and the utility of carbon capture tax credits — which only benefit engineered removals — deeply threatened, venture funding for DAC is down over 60% from this time last year, Bloomberg reported.
Rajesh Swaminathan, a climate tech investor at Khosla Ventures told the publication that while many investors have taken bets on direct air capture, “Now, people are stepping back and saying, ‘Why didn’t I look at the economics there?’” Khosla itself is an investor in the DAC company Spiritus.
So what’s a longterm skeptic like Chi to do in this moment of doubt? As he told me, “I’m just going to keep on giving talks on it, and I know that physics is on my side.”
On the environmental reviews, Microsoft’s emissions, and solar on farmland
Current conditions: Enormous wildfires in Manitoba, Canada, will send smoke into the Midwestern U.S. and Great Plains this weekend • Northwest England is officially experiencing a drought after receiving its third lowest rainfall since 1871 • Thunderstorms are brewing in Washington, D.C., where the Federal Court of Appeals paused an earlier ruling throwing out much of Trump’s tariff agenda.
The Supreme Court ruled Thursday that courts should show more deference to agencies when hearing lawsuits over environmental reviews.
The case concerned a proposed 88-mile train line in Utah that would connect its Uinta Basin (and its oil resources) with the national rail network. Environmental groups and local governments claimed that the environmental impact statement submitted by the federal Surface Transportation Board did not pay enough attention to the effects of increased oil drilling and refining that the rail line could induce. The D.C. Circuit agreed, vacating the EIS; the Supreme Court did not, overturning the D.C. Circuit in an 8-0 decision.
The National Environmental Policy Act, or NEPA, requires the federal government to study the environmental impact of its actions. The D.C. Circuit “failed to afford the Board the substantial judicial deference required in NEPA cases and incorrectly interpreted NEPA to require the Board to consider the environmental effects of upstream and downstream projects that are separate in time or place,” Justice Brett Kavanaugh wrote for the court.
The court’s decision could sharply limit the ability of the judicial branch to question environmental reviews by agencies under NEPA, and could pave the way for more certain and faster approvals for infrastructure projects.
At least, that’s what Kavanaugh hopes. The current NEPA process, he writes, foists “delay upon delay” on developers and agencies, so “fewer projects make it to the finish line. Indeed, fewer projects make it to the starting line.”
Map of the approved railway route.Source: Uinta Basin Railway Final Environmental Impact Statement
The Department of Agriculture is planning to retool a popular financing program, Rural Energy for America, to discourage solar development on agricultural land, Heatmap’s Jael Holzman exclusively reported.
“Farmland should be for agricultural production, not solar production,” a USDA spokesperson told Heatmap. The comments echoed a USDA report released last week criticizing the use of solar on agricultural land. The report said that the USDA will “disincentivize the use of federal funding at USDA for solar panels to be installed on productive farmland through prioritization points and regulatory action.” The USDA will also “call on state and local governments to work alongside USDA on local solutions.”
The daughter of a woman who died during the Pacific Northwest “Heat Dome” in 2021 sued seven oil and companies for wrongful death in Washington state court, The New York Times reported Thursday.
“The suit alleges that they failed to warn the public of the dangers of the planet-warming emissions produced by their products and that they funded decades-long campaigns to obscure the scientific consensus on global warming,” according to Times reporter David Gelles.
Several cities and states have brought suits making similar claims that oil and gas companies misled the public about the threat of climate change. Earlier this week, a German court threw out a suit from a Peruvian farmer against a German utility, which claimed that the utility’s commissions helped put his town at risk from glacial flooding.
The seven companies named in the lawsuit are Exxon Mobil, Chevron, Shell, BP, ConocoPhillips, Phillips 66, and Olympic Pipeline Company, a subsidiary managed by BP. None of them commented on the suit.
Tech giant Microsoft disclosed in its annual sustainability report that its carbon emissions have grown by 23.4% since 2020, even as the company has a goal to become “carbon negative” by 2030. The upside to the figures is that the growth in emissions was due to a much larger increase in energy use and business activity, not from using dirtier energy. In that same time period, Microsoft’s revenue has grown 71%, and its energy use has grown 168%.
“It has become clear that our journey towards being carbon negative is a marathon,” the report read. The company said it had contracted 34 gigawatts of non-emitting power generation and had agreements to procure 30 million metric tons of carbon removal.
The company has set out to reduce its indirect Scope 3 emissions “by more than half” by 2030 from the 11.5 million metric tons it reported in 2020, as its Scope 1 and Scope 2 emissions fall to close to zero. It will become “carbon negative,” it hopes, by purchasing carbon removal.
Microsoft attempts to reduce emissions in its supply chain by procuring low- or no-carbon fuels and construction materials. Last week the tech giant signed a purchasing agreement with Sublime Systems for 600,000 tons of low-carbon cement.
The Nuclear Regulatory Commission announced it had approved a 77-megawatt small modular reactor design. This is the second SMR design approved by the NRC, following approval of a smaller design in 2020. Both are products of the SMR company NuScale, and neither has yet been deployed. A project to build the earlier design in Idaho was abandoned in 2023.
The NRC review was set to be completed in July of this year. Coming in ahead of scheduled demonstrates “the agency’s commitment to safely and efficiently enable new, advanced reactor technology,” the Commission said in a press release.
Congress and the Biden and Trump administrations have pushed the NRC to move faster and to encourage the development of small modular reactors. No SMR has been built in the United States, nor is there any current plan to do so that has been publicly disclosed. NuScale’s chief executive told Bloomberg that he hopes to have a deal signed by the end of the year and an operational plant by the end of the decade.
Tesla veteran Drew Baglino’s Heron Power raised a $38 million round of Series A funding for a new product designed to replace “legacy transformers and power converters by directly connecting rapidly growing megawatt-scale solar, batteries, and AI data centers to medium voltage transmission,” Baglino wrote on X.