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The Biden administration will miss a deadline in the Inflation Reduction Act, as it tries to regulate one of the climate law’s most generous —and contentious — tax credits.
The Biden administration is planning to publish rules governing one of the most generous subsidies in its new climate law — a tax credit for clean hydrogen — no earlier than October, missing a key deadline inscribed in the law, according to a source familiar with the process.
The rules revolve around one of the most contentious questions that has emerged after the law’s passage: How do you know that your electricity is clean? The debate has divided climate activists, hydrogen companies, renewable developers, and nuclear-power plant owners.
The ultimate answer could — by one estimate — determine the flow of more than $100 billion in federal subsidies over the next two decades.
The new rules could come as late as December, the source said, missing the deadline by as much as four months. The climate law required the Treasury Department publish guidance about the hydrogen tax credit within one year of its passage. Because the law was signed on August 16, 2022, that deadline will arrive next week.
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Hydrogen is key to the Biden administration’s climate strategy. The colorless, odorless gas has the potential to replace fossil fuels in industries that are otherwise difficult to make climate-friendly, including steelmaking, shipping, aviation, and fertilizer production. While hydrogen does not emit any carbon when burned, today most hydrogen is made from natural gas in a carbon-intensive process.
The new tax credit is designed to make cleaner production methods more competitive, and it offers the largest reward — $3 per kilogram of hydrogen — to companies that can make hydrogen without emitting almost any greenhouse gases at all.
The issue before the Treasury Department is how companies should calculate their greenhouse gas emissions when trying to qualify for this credit. But there’s no universally accepted way to do this accounting. That is an especially big problem for a method of producing hydrogen called electrolysis, which uses electricity to split water into its constituent hydrogen and oxygen atoms. The process is incredibly energy-intensive, but it can be emissions-free, as long as the electricity comes from a carbon-free source.
A major debate has erupted among energy companies, environmental groups, and academics over what should qualify as carbon-free electricity. Earlier this year, researchers from Princeton University’s ZERO Lab warned that the Treasury Department’s decision could risk a major increase in emissions, underwritten by billions of public dollars, if not crafted carefully. Most — but not all — of the nascent clean hydrogen industry has pushed back on their analysis, warning that onerous rules would “devastate the economics” of clean hydrogen.
As we’ve previously reported, the complicated tax credit could transform the nuclear power sector and America’s energy economy writ large. It could also drive the formation of a booming domestic clean-hydrogen industry — but only if the Biden administration gets it right.
Read more about the hydrogen rules:
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At least one target of Chris Wright’s grant review may run into some sticky statutory issues.
The Department of Energy announced on Thursday that it’s reviewing some 179 awards made by the Biden administration worth $15 billion to ensure they were “consistent with Federal law and this Administration’s policies and priorities.”
But what happens when federal law and Trump’s priorities are at odds?
In the case of at least one awardee, the major U.S. steel producer Cleveland Cliffs, the DOE’s review process may become a mechanism to take funding that is statutorily designated for projects that reduce greenhouse gas emissions and channel it into long-lived fossil fuel assets.
Lourenco Goncalves, the CEO of Cleveland Cliffs, a major U.S. steel producer, said on an earnings call last week that the company was in the process of renegotiating its $500 million award under the Industrial Demonstrations Program. The DOE program funded 33 projects to decarbonize heavy industry, including cement, steel, aluminum, and glass production, with first-of-its-kind or early-scale commercial technologies.
Cleveland Cliffs was originally going to use the money to replace its coal-fired blast furnace at a steel plant in Middletown, Ohio, with a new unit that ran on a mix of hydrogen and natural gas as well as new electric furnaces. Now, the company is working with the Department of Energy to “explore changes in scope to better align with the administration’s energy priorities,” Goncalves told investors. The project would no longer assume the use of hydrogen and “would instead rely on readily available and more economical fossil fuels.”
The CEO later clarified that the company planned to “reline” its blast furnace at Middletown, extending its life, “now that the project is changing scope.”
But the Inflation Reduction Act, which created the Industrial Demonstrations Program, says the funds must be used for “the purchase and installation, or implementation, of advanced industrial technology,” which it defines as tech “designed to accelerate greenhouse gas emissions reduction progress to net-zero.”
“I don’t know at this point what Cleveland Cliffs can confidently say they’re going to do to substantially reduce greenhouse gasses and also deliver gains in public health and jobs to local communities, which is a prerequisite for IDP grant money,” Yong Kwon, a senior advisor for the Sierra Club’s Industrial Transformation Campaign, told me.
The memo announcing the Department of Energy’s review says that it has already reached some “concerning” findings, though it does not describe what was concerning or provide any further detail about the awards under review.
Compared to his peers at other agencies, Energy Secretary Chris Wright has been noticeably quiet about the Department of Government Efficiency’s efforts to slash funding across the Department of Energy. But in March, Axiosobtained documents that said more than 60% of grants awarded under the Industrial Demonstrations Program were being targeted. The following month, CNN reported that Cleveland Cliffs’ Middletown project was on the list slated for termination, noting that it would have secured 2,500 jobs and created more than 100 new, permanent jobs in JD Vance’s hometown.
At the time, Energy Department spokesperson Ben Dietderich told CNN that “no final decisions have been made” about the funding and that “multiple plans are still being considered.” Now it appears the Department may be negotiating with Cleveland Cliffs to develop a cheaper and more politically palatable project.
Meanwhile, House Republicans have also introduced a bill that would rescind any money from the Industrial Demonstrations Program that isn’t obligated, meaning that if the Department of Energy can find a way to legally terminate its contracts with companies, Congress may claw back the money.
The Industrial Demonstrations Program was the Biden administration’s “missing middle” grant program, designed to support projects that were past the early experimental stage, in which case they were no longer candidates for funding from the Advanced Research Projects Agency, but were also not ready for mass deployment, like those supported by the Loan Programs Office. In the case of Cleveland Cliffs, the funding was also aimed at making the U.S. a leader in the future of steelmaking, retaining thousands of jobs, saving the company money, and enabling it to command a higher price for its products.
“If you’re going to maintain blast furnaces, it means you have one foot in a technology that is now quickly becoming outdated that the rest of the global steel industry is transitioning away from,” Kwon told me.
David Super, an expert in administrative law at Georgetown University, told me in an email that if the Department of Energy provides and Cleveland Cliffs accepts funding that does not comply with statute, “the Department officials involved could be in violation of the Antideficiency Act and Cleveland Cliffs could be required to return the money, a modified contract notwithstanding.” The Antideficiency Act prohibits federal employees from obligating funds for projects that are not authorized by law.
Super added that the law also specifies that the money be awarded “on a competitive basis.” As Cleveland Cliffs won the competition with its hydrogen project, allowing it to use the money for a different project at the company’s plant “would thus violate the requirement of competitive awards and would allow the unsuccessful bidders to challenge this funding award.”
Neither Cleveland Cliffs nor the Department of Energy responded to a request for comment.
Leaks to the press have signaled that the Department of Energy may be taking a similar approach with the hydrogen hubs, potentially terminating contracts to develop renewable energy-based projects — all of which are in blue states — while allowing natural gas-based projects in red states to continue.
It is still not clear how the agency will handle its $3.5 billion direct air capture hubs, which news outlets have reported may also be under threat. On Friday, however, the oil and gas company Occidental, which was awarded a contract to develop a DAC hub in Texas, announced that the Abu Dhabi National Oil Company is considering investing up to $500 million in the project as part of a new joint-venture agreement. The press release notes that the agreement was signed during President Trump’s visit to the United Arab Emirates.
Last week, Senator Lisa Murkowski of Alaska said during a confirmation hearing for Kyle Haustveit, the nominee to head the Office of Fossil Energy, that two carbon capture projects in her state were “in limbo” due to the agency’s spending review. The same day, in another hearing, Representative Debbie Wasserman Schultz of Florida accused Wright of having frozen $67 billion worth of funds and asked him to commit to releasing it.
Wright denied this. “We’re not withholding any funds and we’ve paid every invoice we’ve had for work done and funds that are due,” he replied. But he went on to clarify that the agency is “engaging with” recipients “to make sure American taxpayer monies are being spent in thoughtful, reasonable ways.”
According to efficiency department data, the DOE has “terminated” 39 contracts worth $60 million and five grants worth $3.4 million. The contracts include news subscriptions, various technical support services, and a $22 million contract with consulting firm McKinsey for “rapid response deliverables” for the Office of Clean Energy Demonstrations, the department that runs the Industrial Demonstrations Program. The grants include three Advanced Research Projects Agency awards to explore using geologic stores of hydrogen, and another to reduce methane emissions from natural gas flares.
On budget negotiations, Climeworks, and DOE grants
Current conditions: It’s peak storm season in the U.S., with severe weather in the forecast for at least the next six days in the Midwest and East• San Antonio, Texas, is expected to hit 108 degrees Fahrenheit today• Monsoon rains have begun in Sri Lanka.
The House Budget Committee meeting to prepare the reconciliation bill for a floor vote as early as next week appears to be a go for Friday, despite calls from some Republicans to delay the session. At least three GOP House members, including two members of the Freedom Caucus, have threatened to vote no on the budget because a final score for the Energy and Commerce portion of the bill, which includes cuts to Medicaid, won’t be ready from the Congressional Budget Office until next week. That is causing a “math problem” for Republicans, Politico writes, because the Budget Committee “is split 21-16 in favor of Republicans, and Democrats are expecting full attendance,” meaning Republicans can “only lose two votes if they want to move forward with the megabill Friday.” Republican Brandon Gill of Texas is currently out on paternity leave, further reducing the margin for disagreement.
House Speaker Mike Johnson is also contending with discontent in the ranks over cuts to clean energy tax credits. “It’s not as bad as I thought it was going to be, but it’s still pretty bad,” New York Republican Andrew Garbarino, a co-chair of the House Bipartisan Climate Solutions Caucus, told Politico on Thursday. But concerns about the cuts, which would heavily impact Republican state economies and jobs, do not appear to be a “red line” for many others, including Georgia’s Buddy Carter, whose district benefits from Inflation Reduction Act credits for a Hyundai car and battery plant that is among the targets for elimination. You can learn more about the cuts Republicans are proposing to the IRA in our coverage here.
The Swiss carbon removal company Climeworks is preparing for significant cuts to its workforce, citing the larger economic landscape and the Trump administration’s lack of consistent support. The company currently has 498 employees, but is undergoing a consultation process, indicating it is looking to cut more than 10% of its workforce at once, SwissInfo.ch reports. “Our financial resources are limited,” Climeworks’ co-founder and managing director Jan Wurzbacher said in comments on Swiss TV.
Though Interior Secretary Doug Burgum is a known proponent of carbon capture, and there had been excitement in the industry that Trump’s attempts to expedite federal permitting would benefit carbon storage sites, the administration has also hollowed out the Department of Energy’s carbon removal team, my colleague Katie Brigham has reported. The ongoing funding cuts and uncertainty have made it difficult to get information from the government that could affect Climework’s Project Cypress in Louisiana, although Wurzbacher stressed that “we are not currently aware that our project would be stopped.”
Energy Secretary Chris Wright announced in a Thursday memo that the department will be reviewing at least $15 billion worth of grants awarded to “power grid and manufacturing supply chain projects” under the Biden administration, Reuters reports. “With this process, the Department will ensure we are doing our due diligence, utilizing taxpayer dollars to generate the largest possible benefit to the American people and safeguarding our national security,” Wright said in his statement.
The memo goes on to note that the DOE plans to prioritize “large-scale commercial projects that require more detailed information from the awardees for the initial phase of this review, but this process may extend to other DOE program offices as the reviews progress.” Projects that don’t meet the DOE’s standards could be denied, as could projects of grantees who fail to “respond to information requests within the provided time frame, does not respond to follow-up questions in a timely manner.” As of last week, Wright told lawmakers, “we’ve canceled zero” existing projects so far, E&E News writes; the agency will reportedly be reviewing at least 179 different awards during its audit.
The number of National Weather Service offices ending 24-hour operations and severe weather alerts is increasing. On Thursday, The San Francisco Chronicle confirmed that California’s Sacramento and Hanford offices, which provide information to more than 7 million people in the Central Valley, have been forced to reduce service due to “critically reduced staffing.”
Eliminating 24-hour service is especially concerning for the Central Valley and surrounding foothills, where around-the-clock weather updates can be critical. “These are offices that have both dealt with major wildfire episodes most of the past 10 years, and we are now entering fire season,” Daniel Swain, a climate scientist at UCLA and UC Agriculture and Natural Resources, told the Chronicle. “That’s a big, big problem.” Swain additionally shared on LinkedIn a map he’d put together of regions in the U.S. that no longer have full-service weather coverage, including “a substantial chunk of Tornado Alley during peak tornado season and the entirety of Alaska’s vast North Slope region.” The NWS is additionally seeking to fill 155 vacancies in coastal states that could face risks as the Atlantic hurricane season begins at the end of the month, The Washington Post reports. An estimated 500 of 4,200 NWS employees have been fired or taken early retirements since the start of Trump’s term.
Heatmap’s “most fascinating” EV of 2025 just got pushed back to 2026. The Ram 1500 Ramcharger — which has a 140-mile electric range as well as a V6 engine attached to a generator to power the car when the battery runs out — is now set to launch in the first quarter of next year due to “extending the quality validation period,” Crain’s Detroit Business reported this week. Parent company Stellantis also pushed back the launch of its fully electric Ram 1500 REV until summer 2027, with a planned model year of 2028. “Our plan ensures we are offering customers a range of trucks with flexible powertrain options that best meet their needs,” Stellantis spokeswoman Jodi Tinson told Crain’s in an email. Though you now have even longer to wait, you can read more about the car Jesse Jenkins calls “brilliant” here.
GMC
The 2026 GMC Hummer EV just got even more ridiculous. “Thanks to the new Carbon Fiber Edition,” the 9,000-pound car “can zoom to 60 miles per hour in 2.8 seconds,” InsideEVs reports.
A conversation with Jillian Blanchard of Lawyers for Good Government about the heightened cost of permitting delays
This week I chatted with Jillian Blanchard, vice president of climate change and environmental justice with Lawyers for Good Government, an organization that has been supporting beneficiaries of the Inflation Reduction Act navigate the uncertainties surrounding tax credits and grant programs under the Trump administration. The reason I wanted to chat with Jillian is simple: the IRA is under threat for the first time under a Republican Congress. I wanted to understand how solar and wind projects could be impacted by the House Republican reconciliation bill and putting IRA tax credits in doubt. I learned a lot.
The following conversation was lightly edited for clarity.
Okay, Jillian, what’s the topline here? How would the GOP reconciliation bill impact individual projects’ development?
There are big chunks of the reconciliation bill that will have dramatic impacts on project development, including language that would repeal or phase out bipartisan and popular tax credits in a way that would make it very, very difficult to invest in projects. I can get into the weeds next.
But it’s worth saying first – the group of programs aside from tax credits that [House Republicans] would repeal represents every single part of America. Hundreds of projects that will not go forward if these programs are not going well. And they have several legally obligated grants that EPA has already mucked up in a litany of ways. But what they’re proposing to do is to pull the rug out from under those programs. On top of that they want to pull any unobligated funding out.
I think it’s extremely misrepresentative to say these are not big cuts. They’re significant cuts to clean air and clean water across the board.
Help me get into the weeds about how phasing out the credits will make it harder to invest in a project.
Right now, a bank might want to invest a certain amount of money in a clean energy project because they know on the back end they can get 30% or 40% back on their investment. A return through tax credits. They can bank on that, because tax credits are a guarantee.
Was that an intentional pun? “Bank”?
Yeah, it is. I love a good pun. You opened the floodgates, that was a mistake.
But anyway, the program itself was supposed to be around until at least 2032 and the bank could bank on those tax credits. That’s a big runway, because projects could get delayed and you could lock in the credit as soon as you started construction.
Now they’re doing a phase-out approach where if your project is not placed into service before a certain date, you don’t avoid the phase out. You don’t get any protections if you’re starting your project now or next year. It has to be placed in service before 2028 or else your project may not be eligible. You are constructing it, you are financing it, but then through no fault of your own – a storm or whatever – then suddenly that project is no longer entitled to get 30% or 40% back.
That’s a big risk. And banks don’t like risk.
Opposition on the ground also delays projects the way a storm does. Would this empower those opponents?
Oh, totally. Totally. If anyone wants to fight a project, a bank might be even less likely to invest in it. The NIMBYs for that particular project become a risk.
What would you tell a developer at this moment who is wondering about the uncertainty around the IRA?
I would tell them that now is the time to speak up. If they want to stay in this business and make sure their energy stays as low-cost as it already is, they need to speak up right now, no matter what their political party affiliation is. Make it clear solar isn’t going away, wind isn’t going away, storage isn’t going away. These are markets America needs to be competitive with the rest of the world.