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Two years in, union leaders say Biden’s big climate law is making a difference.

The Inflation Reduction Act is by far the most important climate law ever passed in the U.S. But it also may go down as one of the most important labor laws of recent history. Overnight, jobs installing solar farms that were largely performed by an itinerant, low-wage workforce had the potential to become higher-paid positions occupied by skilled tradespeople — maybe even union jobs.
That’s because in order to qualify for a 30% tax credit on their investment or operating costs, clean energy developers now have to follow two key labor standards. They have to pay construction workers the federally determined prevailing wage for their region, plus hire a designated number of apprentices, who are provided with paid classroom instruction in addition to on-the-job-training.
“I don’t think people have a sense of the scale and the scope of what this law has done and is going to do,” Rick Levy, the president of the Texas AFL-CIO, told me. “From our perspective, putting community well-being and labor standards in the very fabric of this industrial expansion is going to pay dividends for generations.”
On the eve of the IRA’s two-year anniversary, a new report provided exclusively to Heatmap has identified 6,285 utility-scale clean energy projects planned, under construction, or already operating, that are likely candidates for these tax credits. Together, they represent an estimated 3.9 million jobs, according to the Climate Jobs National Resource Center, a nonprofit that supports unions fighting for worker-centered climate action, which compiled the data.
There’s no way to know, at least right now, how many of the projects still in progress will actually get built, or how many have or will adhere to labor standards. Safe harbor provisions in the law also allow developers to claim the full tax credit without adhering to the rules as long as they started construction by the end of January 2023, so the full effect of the provisions will take some time to be realized.
But the report reveals the vast potential for the law to create higher-quality jobs in clean energy all over the country. Based on my reporting, that potential is starting to materialize. Union leaders told me they’re now having conversations with developers who never returned their calls before. And renewable energy developers and tax credit consultants told me it was a no-brainer to meet the labor standards, even though they create substantial administrative burdens. Otherwise, they’ll only be eligible for a 6% credit, leaving a huge amount of money on the table.
Mike Fishman, the executive director of the Climate Jobs National Resource Center, told me that when he first started advocating for high-road climate jobs, he found that many trades workers were afraid of clean energy. “If they had a good job in the fossil fuel industry, then saying, we’re going to reach these goals and shut down all the fossil fuel plants, that was very scary to people.” But since the IRA passed, he’s seen a change in workers’ attitudes about supporting climate action. “It creates a sense that there’s a future for everyone — an economic future, as well as a climate future,” Fishman said.
The IRA’s potential to spur well-paid jobs and training opportunities is actually even larger than the Resource Center’s estimate indicates. The report only covers clean energy generation projects like wind and solar farms, but the law also tied labor standards to tax credits for the construction of clean energy manufacturing plants, EV chargers, carbon capture projects, hydrogen plants, clean fuel factories, and new, energy-efficient buildings.
The standards are likely to affect each of these industries in different ways, but it’s instructive to look at what’s already happening in renewable energy development. To do so, you first have to understand that developers sit near the top of a ladder of companies involved in bringing an energy project into the world. Above them sits investors; below, a series of contractors and subcontractors who manage the project on the ground and hire the workers who ultimately build it.
Before the IRA, everyone along this ladder had an incentive to keep costs as low as possible. At the top, developers are competing for power contracts with utilities. Contractors would try to win bids by quoting the lowest construction costs. Staffing agencies would source temporary workers from all over the country and negotiate wages and benefits on a case by case basis. An investigation into solar work by Vice found that it was “common to have two workers doing the same job for vastly different pay and living stipends.” Some would travel to a new place for a gig and “pile into motel rooms with other workers on the same projects in order to save money.”
The IRA disrupts that incentive structure, creating a new regime whereby the top priority is getting that 30% tax credit. The law also extended the ladder, creating new rungs of accountability thanks to new tax credit transferability rules that allow developers to sell their tax credits to third parties. That means there are a host of other companies looming over developers’ shoulders with a stake in making sure they don’t cheat the rules. Tax credit buyers don’t want to end up in a situation where the IRS audits the developer who sold them the credits, finds that there weren’t enough apprentices on the project, and claws back the money. The risk is serious enough that buyers also purchase insurance for these transactions, adding another layer of oversight.
“The lawyers are scaring everyone about this,” Derek Silverman, the co-founder and chief product officer of Basis Climate, a startup that matches tax credit buyers and sellers, told me. For example, the law contains a loophole for companies to claim the credit without hiring the required number of apprentices as long as they show they made a “good faith effort.” Treasury defines that as having reached out to at least one registered apprenticeship program in the area every year the project is operating. Silverman said he’s seen lawyers challenge companies that are trying to get around the requirement, asking them who they reached out to and berating them if it wasn’t a legitimate effort.
“They’re saying, you have a huge part of your capital stack that’s based off this tax credit,” said Silverman. “It’s not worth the downside of the government questioning through an audit that you didn’t meet these requirements, and then, boom, you owe them $20 million when it would have cost you $100,000 to do the documentation and get that all square.”
The upside is valuable enough that it’s generated a whole new cottage industry in tax credit compliance. Empact Technologies, for example, is a software company that collects and evaluates payroll data from contractors to make sure they are paying the correct wages and have the right number of apprentices. “Then we have to go back and essentially fix all of the mistakes that they made every single week” — like classifying workers incorrectly and paying them the wrong amount, or falling behind on apprenticeship hours — “which every single contractor does. It’s insane,” Charles Dauber, Empact’s founder, told me.
All of this has added much complexity — and cost — to renewable energy development. David Yaros, who co-leads Deloitte’s US Tax Sustainability Practice, told me that the cost of compliance, including hiring companies like Empact and Deloitte to compile all the documentation, could eat into 5% to 20% of the tax benefits.
“This has raised our costs,” Rodrigo Inurreta Acero, a government affairs manager at the international developer EDP Renewables, confirmed, referring specifically to the added cost of consultants rather than the mostly negligible cost of paying prevailing wages. “But, we are very, very happy to comply with this, because the juice is worth the squeeze.”
There’s clear incentives for developers to do everything in their power to meet the labor standards. The key question is whether these two little provisions — prevailing wage and apprenticeships — are strong enough to “build a strong pipeline of highly-skilled workers” and “ensure clean energy jobs are good-paying jobs,” as the Biden administration has said.
The need is definitely there. A census of U.S. solar jobs in 2022 found that 52% of solar installation and project development companies found it “very difficult” to find qualified workers, with electricians and construction workers being among the most difficult positions to fill.
But even if armies of lawyers are scaring companies into making serious efforts to hire apprentices, that doesn’t mean they are actually finding them. “It’s not clear at this stage whether apprenticeship programs are scaling up fast enough to match labor supply to project demand,” Derrick Flakoll, a policy associate at BloombergNEF told me. He pointed to an announcement made by the White House just last month of $244 million in grants to expand the Registered Apprenticeship system throughout the country. “I’d be skeptical that apprenticeship programs have been able to scale up yet,” said Flakoll.
There’s a catch with the wage requirement, too: “Prevailing wage” doesn’t necessarily mean a living wage, and it can vary dramatically from place to place. The rate is determined by surveys sent out to contractors and labor organizations, and is typically higher in jurisdictions with active labor unions. For example, in Falls County, Texas, where the 640 megawatt Roseland Solar project is under construction, prevailing wage for a general laborer is $8.75 an hour. In Sangamon County, Illinois, where the 800 megawatt Black Diamond Solar project is being built, prevailing wage for a laborer is $34.04 an hour plus benefits worth $29.26 an hour.
Nico Ries, the lead organizer for the Green Workers Alliance, which organizes solar and wind workers, told me solar wages seem to have only increased in places with higher union density. That’s because unions are now on a more even playing-field to compete for jobs in those areas, since their typical rates have become the de facto minimum.
To be clear, the prevailing wage and apprenticeship provisions do not require developers to hire union workers to build their projects. And there are plenty of non-union, registered apprenticeships. Ries told me that the temp staffing agencies that have served the solar industry in the past are quickly standing up apprenticeship programs to stay on top of the market under the IRA. The main problem with that, they said, is that unlike union apprentices, these workers have no representation.
“There’s a lot of misinformation,” Ries said. “People think they are joining an apprenticeship and it’s going to be a whole thing, but it’s really just a little training or two, and then they slap a sticker on your hard hat.”
Nonetheless, unions are starting to make inroads in solar in places that have long been hostile to organized labor. Ethan Link, the assistant business manager for the Southeast Laborers’ District Council, which has members in right-to-work states throughout the south, told me that before and after the IRA was like “night and day.” For the first time, solar developers are calling the union directly to talk about projects on the horizon and to figure out how to work with them. As a result, the union is investing in more solar-specific training for its apprenticeship instructors.
“The Inflation Reduction Act is one of the most consequential and, I think, also most innovative ways of inducing the market to have broad based benefits for the community,” Link said. “The way I’ve experienced it, it’s changed the landscape on the ground with these developers within a matter of months, rather than a matter of years.” He said they don’t yet have a lot of workers actually assigned to projects, but “we’re really optimistic about where things sit right now.”
Kent Miller, president of the Wisconsin Laborers’ District Council, told me his union has been able to double its apprenticeship program from around 300 to 400 students a few years ago to closer to 700 to 800 post-IRA. It’s now looking to build another training campus to expand its capacity. Not all of that growth is thanks to renewable energy, he said, but the union now has a significant portion of its membership that just works in utility-scale solar.
Earlier this year, Wisconsin’s four biggest electric utilities pledged to employ local, union labor on all future renewable energy projects. Miller doesn’t think this would have happened without the incentives in the IRA. Though every wind farm in Wisconsin has been built by union labor, the more nascent solar industry was starting to bring in non-union workers from out of state to build projects. The IRA incentives gave Miller’s union leverage in negotiations with the utilities, because future projects were going to need to be able to find registered apprentices. “Unions run the best registered apprenticeship programs,” he said. “It was showing what we could do, what we could bring to the table.”
There is one more small but potentially powerful incentive for developers to work with unions. The Internal Revenue Service has said that if companies sign a project labor agreement — an agreement with one or more unions, made prior to hiring, that establishes wages and benefits — then they are less likely to be audited, and won’t have to pay penalties if they are found to be non-compliant.
To Levy, of the AFL-CIO in Texas, and others in the labor movement, getting workers to support clean energy is essential to tackling climate change. “Unless workers see themselves and their interests reflected in these new energy technologies, there’s never going to be the kind of political support that we need to be able to do the things we need to do to save the planet,” Levy said. The first step to achieve that, he said, is making sure these jobs are “good union jobs.”
The Climate Jobs National Resource Center connected me with Kim Tobias, a union electrician in Maine, as an example of how union jobs can change lives. Tobias used to work in call centers, providing customer service for healthcare software companies, before leaving to join the International Brotherhood of Electrical Workers. She was making $16 an hour in her last call center job after more than 10 years in the field, and was fed up after getting passed over for a promotion. When she started as an electrical apprentice in 2019, she essentially doubled her salary overnight once benefits were taken into account.
Today, in part because of the IRA, but also because of a state law that requires developers to pay prevailing wage on all large renewable projects in Maine, Tobias mainly works on solar projects. The work isn’t always ideal — she told me she once had to commute 75 miles away for a solar job — while she was pregnant, no less. “Then again, a year and a half later, I worked a solar job that was 0.9 miles away from my house. So it’s give and take,” she said.
But Tobias also said she sees potential to create high-quality clean energy jobs beyond solar in Maine, where, she lamented, “people under the age of 30 are leaving in droves.” She noted that an old paper mill in Lincoln, Maine, is being turned into an energy storage site, and the developer has already said it would establish a collective bargaining agreement with the Maine Building and Construction Trades. Illustrating Levy’s point about political support, the union is also now advocating for the construction of a new port to support the offshore wind industry, which would have to be built with union labor under a recent state law.
Even if the IRA’s labor provisions are starting to work, which it seems they are, they contain one significant weakness. The rules only apply to the construction of projects — not to their operations. It’s an improvement to have labor standards for construction jobs. But once they are built, wind and solar farms don't take many people to operate. The federally subsidized clean energy manufacturing plants springing up around the country due to the IRA will create a lot more jobs, but, at least right now, those jobs don’t have to be “good.”
“I think that people need to understand the opportunity here,” said Levy, and make sure that we continue to build on it and not turn back.”
Editor’s note: This story has been updated to clarify the “good faith effort” exception to the apprenticeship provision and that both provisions apply only to construction.
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Here’s what stood out to former agency staffers.
The Department of Energy unveiled a long-awaited internal reorganization of the agency on Thursday, implementing sweeping changes that Secretary of Energy Chris Wright pitched as “aligning its operations to restore commonsense to energy policy, lower costs for American families and businesses.”
The two-paragraph press release, which linked to a PDF of the new organizational chart, offered little insight into what the changes mean. Indeed, two sources familiar with the rollout told me the agency hadn’t even held a town hall to explain the overhaul to staffers until sometime Friday. (Both sources spoke on condition of anonymity out of fear of reprisals.)
After conversations with multiple former agency staffers, including a senior political appointee who helped lead the Biden-era reorganization in 2022, here’s what stood out to me:
The spring 2022 overhaul Jennifer Granholm, former President Joe Biden’s secretary of energy, oversaw came with a detailed legal memo and extensive explanations about what the changes would mean.
“Overall, this seems sloppy,” the former senior staffer who led that process told me this morning. “If you’re trying to carry out a very coherent energy dominance strategy, you’d at least explain which boxes are moving where and what’s sitting under those boxes.”
Announcing the changes with so little detail, the former official said, “seems like a fundamental lack of leadership.”
“This, to me, just seems reckless,” the appointee continued. “People who are sitting within these offices don’t know where they’re going to work virtually on Monday.”
That, of course, may change by the end of today once the Energy Department holds its town hall meeting.
It’s unusual for an office at the agency to report directly to the secretary. Those that do typically straddle multiple types of responsibilities within the agency. For example, the Office of Technology Transitions reported directly to Granholm under the Biden administration because its purview fell under both research and deployment. The Office of Policy functions similarly. But the newly-created Office of Critical Minerals and Energy Innovation absorbed not only various mining-related sections of the agency, but also the now-defunct Office of Energy Efficiency and Renewable Energy. That puts a lot of money and grant-making powers under the new office.
Leading the Office of Critical Minerals and Energy Innovation will be Audrey Robertson, who was confirmed last month as the assistant secretary for the Office of Energy Efficiency and Renewable Energy. A former investment banker and oil executive, Robertson served on the board of directors of Wright’s former company, the fracking giant Liberty Energy, until earlier this year. Another agency source familiar with the organization said “it makes no sense for this office not to answer to an undersecretary of energy.”
“Audrey is Wright’s person,” the source told me.
That, the other former agency official told me, creates some political liabilities for Wright.
“For departmental oversight reasons, that’s a lot of grant-making money and authorities that typically you’d want to layer under additional oversight before it goes to the secretary,” the ex-official said. “This is the thing that sticks out like a sore thumb.”
All that said about the new Office of Critical Minerals and Energy Innovation, no one can blame Wright for wanting to consolidate some of the bureaucracy. One way to read the decision to eliminate certain offices, such as the Office of Manufacturing and Energy Supply Chains or the Office of State and Community Energy Programs, is that the new administration wanted to undo the changes made under its predecessor in 2022. While manufacturing work included a lot of what the U.S. is doing with batteries, funding for that work fell under the Office of Energy Efficiency and Renewable Energy in the 2021 Infrastructure Investment and Jobs Act.
“A lot of the moves that they’re doing to re-consolidate offices aligns with what was technically under the Bipartisan Infrastructure Law, which directed battery work to go through EERE,” one of the sources told me. “So some of this is realignment back to the original congressional direction.”
The stop-gap funding bill that reopened the government after the longest shutdown in history included a measure to prevent any dismissals until January 30.
But it’s unclear whether the agency plans to terminate workers as part of the reorganization starting in February.
In a sign that the Trump administration is taking efforts to commercialize fusion energy technology more seriously, the reorganization gives fusion its own office, moving the work out of the Office of Science.
“Overall this is a win for the private-fusion sector, and further cements a move from a discovery-based research model to milestone-driven, commercialization-focused policy,” Stuart Allen, the chief executive of the investment company FusionX Group, wrote in a post on LinkedIn. “All signs point to a federal strategy increasingly aligned and enmeshed with the rapid advancement of fusion energy.”
Under the new structure, geothermal and fossil fuels will live together under the new Hydrocarbons and Geothermal Energy Office.
There are some obvious synergies. The new generation of geothermal startups racing toward commercialization rely on drilling techniques such as fracking to tap into hot rocks in places that conventional companies couldn’t. Oil and gas companies are excited about the industry; Sage Geosystems, one of the big players, is led by the former head of Shell’s fracking division. And notably, most of the big companies, including Sage, Fervo Energy, and XGS Energy (whom I have written about twice recently in these pages) are all headquartered in Big Oil’s capital of Houston, Texas.
Nuclear power has long had its own office at the Energy Department, and that won’t change. But you’d think that the other source of clean baseload power that the Trump administration has anointed as one of its preferred generating sources might get slotted in with geothermal. Instead, however, hydropower is in Robertson’s mega-office.
Unsurprisingly, the bulk of the Energy Department’s work that deals with the nation’s nuclear arsenal was largely left untouched by the changes. Perhaps the agency had enough drama from the Department of Government Efficiency’s dismissals of critical workers in the early days of the administration, which led to an embarrassing effort to reverse the firings.
As was widely expected, the reorg killed the Biden-era Office of Clean Energy Demonstrations, which the new administration had already gutted. What becomes of key programs that office managed is still a mystery. Chief among them: the hydrogen hubs.
The Energy Department yanked funding for the two regional hubs on the West Coast last month, as Heatmap’s Emily Pontecorovo reported at the time. A leaked list that the administration has yet to confirm as real proposed defunding all seven of the hubs. It’s unclear whether that may happen. If it doesn’t, it’s unclear where those billions of dollars may go. The most obvious place is under Robertson’s portfolio, ballooning the budget under her control by billions.
When Wright announced the first totally new loan issued under the agency’s in-house lender earlier this week, he trumpeted his new approach the Loan Programs Office. He wanted to refashion the entity with its lending authority of nearly $400 billion as a source of funding primarily for the nuclear industry. The first big loan issued Tuesday afternoon went to utility giant Constellation to finance the restart of the functional reactor at the Three Mile Island nuclear station. But at a press conference last month, Wright hinted at the new branding, as Emily called in this piece. It’s now the Office of Energy Dominance Financing.
The new office isn’t just the LPO, however. The $2.5 billion Transmission Facility Financing Program will also fall under the new so-called EDF — an acronym it will aptly share with France’s biggest utility, which came under state control recently as part of Paris’ efforts to refurbish and expand the country’s vast nuclear fleet.
I’ll leave it to my source to level a critique at my colleagues in this industry:
“Even in The New York Times today there’s an article that says all these offices are eliminated,” one of the sources told me. “Their names were eliminated, but a lot of the projects for whatever remains that they haven’t terminated are just being reassigned.” The Wall Street Journal had a similar angle.
The actual thing to watch for, the source said, was how job descriptions change.
“What’s going to be more telling is when they have a new, updated mission of the Office of Electricity or a new, updated mission of the Office of Critical Minerals and Energy Innovation.”
The United Nations climate conference wants you to think it’s getting real. It’s not total B.S.
How to transition away from fossil fuels. How to measure adaptation. How to confront the gap between national climate plans and the Paris Agreement goals. How to mine critical minerals sustainably and fairly.
How to get things done — not just whether they should get done — was front and center at this year’s United Nations climate conference, a marked shift from the annual event’s proclivity for making broad promises to wrestling with some of the tougher realities of keeping global warming in check.
Friday is the last official day of the two-week gathering known as COP30, taking place on the edge of the Amazon rainforest in Belém, Brazil, although probably not the actual end of it. Despite early assurances from the Brazilian government that this year’s conference would finish on time, delegates are still hashing out a final decision text and are likely to keep at it until at least Saturday.
The Brazilian leadership and other COP veterans have framed this as an “implementation COP,” where parties to the Paris Agreement “move from pledges to action” and similar clichès. It’s certainly not the first time these words have been used at COP. The Paris Agreement itself was billed as “enhancing the implementation” of the UN Framework Convention on Climate Change, the foundational treaty underlying these annual negotiations.
“Action” may be a stretch to describe what ultimately happened this year. As is the case at every COP, the provision of finance, or lack thereof, from developed to developing countries dominated the discussion, preventing progress on other agenda items. “Climate finance just remains this ongoing obstacle,” Rachel Cleetus, a senior policy director for the Union of Concerned Scientists, told me. Global south countries and small island states argue they simply cannot increase their ambition, or work on adaptation, without finance. The conference’s repeated failure to come to terms with that is probably the biggest counterpoint to the idea that these meetings have become more grounded in reality.
It remains to be seen which, if any, of the efforts to work out the details of the transition will make it into the final agreement, but the success of these annual gatherings should not only be measured by what’s in the text.
Here are three key ways Belém has already pushed the conversation forward.
During a speech at the start of the conference, Brazil’s President Luiz Inácio Lula da Silva proclaimed that it is “impossible to discuss the energy transition without talking about critical minerals, essential to make batteries, solar panels, and energy systems.”
Never before had the negotiations broached the subject of all of the industrial earth-moving implicit in the fight against climate change. By the end of the first week, however, one of the working groups had released a draft text that acknowledged “the social and environmental risks associated with” extracting and processing critical minerals.
A later revision of the document added a note about “enabling fair access to opportunities and fair distribution of benefits of value addition,” a reference to breaking the pattern of rich countries extracting minerals cheaply from the Global South while keeping the more profitable processing and manufacturing of those minerals at home. (As of Friday morning, however, references to “critical minerals” were erased from the text.)
The text was released by the Just Transition Work Program, a newer workstream at the conference that was established at COP27 in Egypt. Outside of the critical minerals note, there was a larger push to get Just Transition program as a whole more grounded in reality. This area of the negotiations focuses on ensuring the goals of the Paris Agreement are achieved fairly and equitably, with recognition that the transition will happen at a different pace in different countries, with different implications for each one’s economy. It was primarily established as a forum for countries to exchange ideas and information, with biannual meetings.
At COP30, however, the G77, China, and many global south countries began pushing to turn it into more of an action-oriented group that guides the global transition and tracks progress using agreed-upon metrics.
The Just Transition mechanism is not to be confused with the much-talked-about roadmap to transition away from fossil fuels, although the two are closely tied.
Two years ago, the final agreement at COP28 in Dubai made history with the first-ever call for “transitioning away from fossil fuels in energy systems, in a just, orderly and equitable manner.” Last year, however, that edict was dropped, as negotiations over a new climate finance target took precedence. Now it’s been revived, with robust support from countries to build on the statement with a more fleshed-out plan. Phasing out fossil fuels has vastly different implications for different countries, some of whose economies are deeply dependent on revenue from their fossil resources. The roadmap would start to work through what it would really mean to coordinate the effort.
Once again, the message came from the top. “We need roadmaps that will enable humankind, in a fair and planned manner, to overcome its dependence on fossil fuels, halt and reverse deforestation, and mobilize resources to achieve these goals,” Brazil’s Silva said in a speech at the opening of the conference.
This past Tuesday, a coalition of a whopping 82 countries came out in support of this planning effort, pressing for it to be included in the final decision text. “This is a global coalition, with global north and global south countries coming together and saying with one voice: this is an issue which cannot be swept under the carpet,” Ed Miliband, the UK’s energy secretary, said during a press conference that day.
Several more countries have joined since, bringing the count to 88 — nearly half of the 195 parties to the Paris Agreement. The biggest fossil fuel emitters, such as China, India, and Saudi Arabia, are not on board, however. As of Friday morning, all mentions of fossil fuels, let alone a roadmap, have been scrubbed from the draft decision text. Still, the huge coalition backing the roadmap is a sign of a growing and potentially powerful consensus.
One of the big questions looming over this year’s conference was whether and how countries would address their utter failure to live up to the Paris Agreement’s goal to keep warming “well below 2°C above pre-industrial levels,” let alone the more ambitious target of 1.5 degrees.
A report issued by the United Nations Environment Program just before the talks began concluded that countries’ latest climate pledges, known as their “nationally determined contributions,” or NDCs, would put the planet on a path to warm at least 2.3 degrees by the end of the century. It also stated definitively that global average temperatures would exceed 1.5 degrees of warming.
This wasn’t news — scientists have previously concluded that exceeding 1.5 degrees is basically guaranteed. “But this is the first time we saw it so bluntly in the UN report,” Cleetus told me. “So that was a pretty sobering backdrop coming into this COP.”
All countries were supposed to submit updated NDCs this year that contained targets for 2035, but more than 70 have failed to do so, including India, one of the world’s biggest emitters.
Island states, backed by Latin American nations and the EU, wanted the conference to make some kind of declaration that countries’ current pledges are not sufficient and should be revised. The draft text issued this morning, while acknowledging the insufficiencies of NDCs, does not spell out the implications or required response as bluntly as many want to see.
It does, however, introduce an important new concept that could become a key part of the negotiations in the future. For the first time, the text references a resolve to “limit both the magnitude and duration of any temperature overshoot.” This not only acknowledges that it’s possible to bring temperatures back down after warming surpasses 1.5 degrees, but that the level at which temperatures peak, and the length of time we remain at that peak before the world begins to cool, are just as important. The statement implies the need for a much larger conversation about carbon removal that has been nearly absent from the annual COPs, but which scientists say that countries must have if they are serious about the Paris Agreement goals.
"If countries (or the UNFCCC) want to keep talking about reaching 1.5C, they need to embrace net-negative emissions, moving even beyond net-zero,” Oliver Geden, a senior fellow at the German Institute for International and Security Affairs, and an IPCC report author, told me. “If they don't want to do this, then talking about reaching 1.5°C is not credible anymore.”
Things in Sulphur Springs are getting weird.
Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.
The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.
The mining company, Luminant, went bankrupt, resurfaced as a diversified energy company, and was acquired by power giant Vistra, which is refusing to budge on the terms of the land agreement. After sitting on Luminant’s land for years expecting it to be used for its intended purposes, the data center project’s sudden arrival appears to have really bothered Vistra, and with construction already underway, the company has gone as far as to send the town and the company a cease and desist.
This led Sulphur Springs to sue Vistra. According to a bevy of legal documents posted online by Jamie Mitchell, an activist fighting the data center, Sulphur Springs alleges that the terms of the agreement are void “for public policy,” claiming that land restrictions interfering with a municipality’s ability to provide “essential services” are invalid under prior court precedent in Texas. The lawsuit also claims that by holding the land for its own use, Vistra is violating state antitrust law by creating an “energy monopoly.” The energy company filed its own counterclaims, explicitly saying in a filing that Sulphur Springs was part of crafting this agreement and that “a deal is a deal.”
That’s where things get weird, because now Texas is investigating Luminant over the “energy monopoly” claim raised by the town. It’s hard not to see this as a pressure tactic to get the data center constructed.
In an amicus brief filed to the state court and posted online, Paxton’s office backs up the town’s claim that the land agreement against energy development violates the state’s antitrust law, the Texas Free Enterprise and Antitrust Act, contesting that the “at-issue restriction appears to be perpetual” and therefore illegally anti-competitive. The brief also urges the court not to dismiss the case before the state completes its investigation, which will undoubtedly lead to the release of numerous internal corporate documents.
“Sulphur Springs has alleged a pattern of restricting land with the potential for energy generation, with the effect of harming competition for energy generation generally, which would necessarily have the impact of increasing costs for both Sulphur Springs and Texas consumers generally,” the filing states. “Evaluating the competitive effects of Luminant’s deed restrictions as well as the harm to Texans generally is a fact-intensive matter that will require extensive discovery.”
The Texas attorney general’s office did not respond to multiple requests for comment on the matter. It’s worth noting that Paxton has officially entered the Republican Senate primary, challenging sitting U.S. Senator John Cornyn. Contrary to his position in this case, Paxton has positioned himself as a Big Tech antagonist and fought the state public utilities commission in pursuit of releasing data on the crypto mining industry’s energy use.