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Later this week, Vice President Kamala Harris will give the first major policy speech of her campaign focused on tackling the “rising cost of living,” according to early press reports. That includes the skyrocketing cost of housing — but of course, you don’t need me to tell you that.
The housing shortage is now perhaps America’s defining economic problem. Over the past two decades, the median cost of housing in America — for renters and for owners alike — has grown much faster than the median income; more than 90% of Americans live in a place where housing costs have outstripped income growth.
Housing is in such short supply that it is distorting and holding back the country’s economy. This morning, the Labor Department announced that prices rose only 2.9% over the past year, a welcome signal that inflation has finally returned to a normal rate. The inflation that we’re still experiencing is driven, above all, by housing, which was responsible for a whopping 90% of the monthly increase in prices.
Friday’s speech is meant to fill out Harris’s relatively skinny set of policy proposals; so far, her team has yet to announce any real deviation from the Biden administration’s climate policy. But I would encourage her — and them — to see housing policy as a climate policy issue. If America hopes to reach net-zero by 2050, then one of the easiest and cheapest ways for it to do so will be to build more housing, especially in cities and transit-connected suburbs.
In America, where you live determines how much carbon dioxide you emit. That’s somewhat less of an issue in other countries that have retained older and more walkable development patterns. But here, half a century of sprawling suburban development has made a high-emissions-lifestyle all but compulsory. If you live in New York, Washington, D.C., or another walkable city, then your carbon emissions are substantially lower than if you live in the suburbs or exurbs. In the country’s sprawling suburbs — not only in the Sunbelt, but also in New Jersey, Maryland, and California — carbon emissions are much higher.
That’s because where you live basically determines how much you drive — and driving is America’s biggest climate problem. The transportation sector is the most carbon-intensive part of America’s economy, generating more emissions than any other activity, and cars and trucks are responsible for most of those emissions. By one estimate, cars and trucks create perhaps 40% of America’s carbon emissions. (That estimate includes the greenhouse gases emitted by manufacturing cars and trucks.) Even in 2030, when millions more Americans have purchased electric vehicles, driving is still expected to dominate the country’s emissions portfolio, according to the Rhodium Group, a private energy analysis company.
So if we want to cut emissions, we should make it as easy as possible for Americans not to drive — or to drive only when they want to. But right now, housing is critically undersupplied in the cities and suburbs where that is possible. Freddie Mac, a federally-backed enterprise that supports the housing market, estimated in 2018 that America had roughly 2.5 million fewer homes than it needed; it has since updated that number to 3.8 million. Many of these housing shortages are worst in the cities where economic growth has been most profound. In the 2010s, New York permitted fewer new housing units than in the 2000s, or even the 1960s.
“Oftentimes, the climate-friendly choice is more expensive, or you’re trying to get people to embrace something they wouldn’t always embrace,” Ben Furnas, the former director of the New York City mayor’s office for climate and sustainability, told me. But that isn’t the case for building more housing in dense, walkable, and transit-affiliated areas, he said.
“The prices in all of these places suggest there’s huge pent-up demand for people to live in these places,” he said. “And even just lowering the regulatory barriers to let that kind of development happen and that kind of growth occur would both make it more affordable, and let people live closer to their families, and be good for the climate in terms of per capita emissions.”
Housing is more than a climate issue for driving-related reasons, though. America’s buildings are responsible for about a third of the country’s carbon emissions. Most of those emissions come from heating and cooling, as well as from generating hot water. But it is cheaper and more energy efficient to do that heating and cooling when houses share a wall or are in the same building. “Heating and cooling a 3,000-square-foot single family home is much more expensive than heating and cooling a 3,000-square-foot condominium in a city,” Paul Williams, the executive director of the Center for Public Enterprise, told me. “The heating loss and cooling loss is much lower in apartment buildings than in single family homes, so having those levels of density matters a lot.”
This is not a millennial problem. America has been underbuilding housing for a long time, and much of that supply shortfall is due to overly restrictive zoning codes at the local level. Even as president, however, Harris has ways to nudge cities to build more. A bipartisan group of lawmakers has proposed the “YIMBY Act,” which would fund cities and states to pursue a race-to-the-top-style effort to loosen housing restrictions. Even without help from Congress, a Harris administration could create a national housing construction fund to provide steady financial support to build new multifamily housing, so that the construction of new apartments and condos doesn’t stop when interest rates rise or the economy hits a snag. Finally, Harris could use the bully pulpit to push local governments — especially in Democratic-leaning states with their own forward-looking climate policies — to drop rules that restrict multifamily development, enforce parking minimums, or prevent the construction of single-stair buildings.
These policies don’t have to transform American society to do a lot of good. “Even a difference between a long drive and a short drive also makes a climate difference,” Furnas, who now runs the 2030 Project, Cornell University’s climate initiative, said. “If you live in a duplex in a somewhat walkable area, one of the two parents drives to work and the other takes the bus, and they can walk to the kid’s school or a grocery store,” that is much more pleasant — and will have much lower emissions — than a scenario where both parents must drive everywhere. It will also be cheaper.
Harris doesn’t need to sound like a radical on these policies, in other words. And she doesn’t even need to do anything more than nod at them. (If I were giving her political advice, I’d say that she doesn’t need to spend much time talking about climate policy between now and November 5 — although as a climate journalist, of course, I feel differently — but perhaps that’s a topic for another column.) But they are basically the free money of America’s climate transition — they would cut inflation, reduce greenhouse gases, and create more pleasant places to live. Should she win the White House, she should pursue them aggressively.
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Rob and Jesse pick apart Justice Brett Kavanaugh’s latest opinion with University of Michigan law professor Nicholas Bagley.
Did the Supreme Court just make it easier to build things in this country — or did it give a once-in-a-lifetime gift to the fossil fuel industry? Last week, the Supreme Court ruled 8-0 against environmentalists who sought to use a key permitting law, the National Environmental Policy Act, to slow down a railroad in a remote but oil-rich part of Utah. Even the court’s liberals ruled against the green groups.
But the court’s conservative majority issued a much stronger and more expansive ruling, urging lower courts to stop interpreting the law as they have for years. That decision, written by Justice Brett Kavanaugh, may signal a new era for what has been called the “Magna Carta” of environmental law.
On this week’s episode of Shift Key, Rob and Jesse talk with Nicholas Bagley, a University of Michigan law professor and frequent writer on permitting issues. He is also Michigan Governor Gretchen Whitmer’s former chief legal counsel. Rob, Jesse, and Nick discuss what NEPA is, how it has helped (and perhaps hindered) the environment, and why it’s likely to change again in the near future. Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, or wherever you get your podcasts.
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Here is an excerpt from our conversation:
Robinson Meyer: It seems like what the court is doing here is not only basically using this to make a statement, it’s announcing a new jurisprudence on NEPA. We want you to start treating this law really, really differently than you’ve been treating it in the past. And like, we are going to come down into your room and force you to clean up this mess whenever we want to now because of how important we think this is.
Do you think that’s too strong a statement? It seems this is not only declaring what the court’s view on NEPA is, but almost declaring a new plan of action.
Nicholas Bagley: Like many Supreme Court decisions, I think it’s amenable to two competing interpretations. One is exactly as you say: It’s a new era of NEPA jurisprudence, and the basic rule of a NEPA case is now going to be that environmental groups lose. And so I think there’s no way to read the decision except as a walloping loss to environmental groups, at least as a matter of tone and, I think, intention by the Supreme Court.
But there is a narrower reading available, and one that suggests that maybe this decision won’t have as big an effect as maybe the Supreme Court justices want it to. And the reason for that is they didn’t close the door altogether on the judicial evaluation of the reasonableness of its actions. And when a court goes in and says, Hmm, has an agency acted arbitrarily? Again, that’s a multifaceted inquiry. It’s going to involve a lot of different factors. And the court says be deferential, but that’s actually always been the rule.
They use a lot of strident language here, but that strident language is not going to make a lick of difference if you get in front of a highly motivated judge who happens to dislike the project in question in a district court in New Mexico. And that happens. So if you’re an agency and you’re thinking to yourself, Can I cut back on the amount of environmental studies that I do? Can I not investigate these dopey alternatives? You might think to yourself, you know, I have like a 20% or a 30% chance, my odds are a little better than they were before — maybe even a lot better than they were before — at winning if this case is litigated. But they’re also not 100%. So maybe what I ought to do is keep doing what I’ve been doing just to be safe. And I think that’s at least a possibility. We don’t know how it’s going to play out on the ground.
The last thing I’ll say about this is, you said that the Supreme Court is going to act like your mom who’s going to come and tell you to clean up your room.
Meyer: Yeah, exactly. Yes.
Bagley: The trouble is it takes something like, what, 50 cases a year? There are hundreds of these cases brought, and there’s only so much the Supreme Court can do, and in closer cases I think it might just be inclined to let matters lie.
So, you know, I think it is reasonable to think that this is the Supreme Court’s effort to usher in a new era of unique NEPA jurisprudence. It is reasonable to think it is going to have some effects on agency behavior and some effects on lower court behavior. But it may not pretend the revolution that it looks like on its face.
Music for Shift Key is by Adam Kromelow.
On Alaskan oil, CCS, and ‘zombie plants’
Current conditions: Flights have resumed to and from Sicily after Mt. Etna’s most powerful eruption in four years on Monday • There have already been almost half as many wildfire ignitions in the U.S. in 2025 as there were in all of 2024 • More than 700 people are feared dead in central Nigeria after heavy rains and flash floods.
USGS
The Department of the Interior announced Monday that it plans to rescind President Biden’s 2024 ban on drilling in more than half of the 23 million-acre National Petroleum Reserve-Alaska. The reserve holds an estimated 8.7 billion barrels of recoverable oil, but it is also some of the “last remaining pristine wilderness in the country,” The New York Times writes.
“Congress was clear: the National Petroleum Reserve in Alaska was set aside to support America’s energy security through responsible development,” Secretary Doug Burgum said in a statement announcing the proposed rule, further arguing that Biden’s ban had “ignored that mandate, prioritizing obstruction over production and undermining our ability to harness domestic resources at a time when American energy independence has never been more critical.” While the department’s announcement — which Burgum shared on Sunday at a heritage center in Utqiagvik, the largest city of the North Slope — was greeted with applause by attendees, Alaska’s senior manager for the Wilderness Society, Matt Jackson, said, “Everyone who cares about public lands and is concerned about the climate crisis should be outraged by this move to exploit America’s public lands for the benefit of corporations and the president’s wealthy donors.”
Applications for carbon capture and storage projects fell by 50% in the first quarter of the year as compared to last year, with no new permits having been approved since President Trump took office, the Financial Times reports. Industry experts blamed the uncertainty over the fate of federal grants and tax credits for the lowest application submissions since 2022 — a concern that isn’t likely to go away anytime soon, since the Energy Department canceled nearly $4 billion in clean energy grants last week, including carbon capture and sequestration projects proposed by Heidelberg Materials and Calpine, as my colleague Emily Pontecorvo has reported. By BloombergNEF’s projections, an estimated 35% of the 152 million metric tons of announced carbon capture capacity expected to come online by 2035 will be canceled before then.
The Department of Energy has ordered Constellation Energy to continue operating its Eddystone power plant through the end of the summer to prevent potential electricity shortfalls on the mid-Atlantic grid, the Associated Press reports. The oil and gas plant, located south of Philadelphia, had been scheduled to shut down its last remaining units this weekend, before Constellation received the DOE’s emergency order.
Late last month, the DOE similarly ordered a coal-fired plant in Michigan to continue operating past its planned May 31 shutdown date, although the chair of the Michigan Public Service Commission said at the time that no energy emergency existed, Bloomberg reports. By contrast, the decision to order Eddystone’s continued operation followed PJM Interconnection expressing concerns about summer grid reliability; the operator has since voiced support for the DOE’s order. But the move also has its critics: “The Department of Energy’s move to keep these zombie plants online will have significant public health impacts and increase electricity costs for people in Michigan and Pennsylvania,” argued Kit Kennedy, a managing director at the Natural Resources Defense Council.
The European Union’s climate science advisers have warned the bloc against softening its 2040 emission goals, arguing that such a move could “undermine domestic value creation by diverting resources from the necessary transformation of the EU’s economy.” The European Commission is set to propose a binding target for member nations to cut emissions by 90% by 2040 from 1990 levels, but it is also considering allowing countries to set lower targets for their domestic industries and make up the gap using carbon credits, Reuters reports. The European Scientific Advisory Board on Climate Change, which issued its warning against the carbon credit loophole on Monday, described the original 90% emission reduction goal as achievable and necessary for both the health of Europeans as well as improving security by limiting the bloc’s reliance on foreign fossil fuel sources.
Oregon-based battery energy storage system integrator Powin has filed a notice with the state warning that it could lay off 250 employees and shut down operations by the end of July. Per the notification, the layoffs would include the company’s chief executives, and “it is presently contemplated that the affected employees will be permanently terminated.”
Powin has the third most gigawatt-hours of batteries installed in the U.S. and the fourth most worldwide. Still, turbulence due to tariffs and the Inflation Reduction Act incentives has reverberated through the industry, Latitude notes. In a statement provided to the publication, Powin described “navigating a period of significant financial challenge, reflective of ongoing headwinds in the broader energy storage industry.”
The partial shading of Colorado grasslands by solar arrays could decrease water stress and increase plant growth during dry years by 20% or more, a new study in Environmental Research Letters has found.
Or, why developers may be loading up on solar panels and transformers.
As the Senate gets to work on the budget reconciliation bill, renewables developers are staring down the extremely real possibility that the tax credits they’ve planned around may disappear sooner than expected. In the version of the bill that passed the House, most renewables projects would have to begin construction within 60 days of the bill’s passage and be “placed in service” — i.e. be up and running — by the end of 2028 to qualify for investment and production tax credits.
But that’s tax law language. The reconciliation bill will almost certainly mean grim tidings for the renewable industry, but it will be Christmas for the tax attorneys tasked with figuring out what it all means. They may be the only ones involved in the energy transition to come out ahead, David Burton, a partner at Norton Rose Fulbright — “other than the lobbyists, of course,” he added with a laugh.
If the timeline restrictions on the investment and production tax credits make it to the final law, within 60 days after it’s enacted, developers will likely have to demonstrate that they’ve done some kind of physical work on a project — or spent a serious amount of money to advance it — in order to qualify for the tax credits.
The IRS has a couple of existing tests and guidelines: the 5% safe harbor and the physical work test.
The 5% harbor rule is the most common way to demonstrate a construction start, Burton told me. But it’s not cheap. That 5% refers to the total cost of a project, meaning that a company would have to shell out a lot of money very quickly to keep hold on those tax credits. For example, a 100-megawatt solar project that costs $1.25 per watt — about the average cost for a utility-scale project according to the National Renewable Energy Laboratory — would cost a developer $6.25 million in initial outlays just to prove they’ve started construction to the satisfaction of the IRS.
There are any number of things to spend that money on. “For solar, the most common thing is modules. But it could be inverters, it could be racking,” Burton said.
Right now there’s a particular rush to get transformers, the electrical equipment used to step up voltage for the transmission of electricity from a generator, Burton added. That’s because transformers also fall under the second construction guideline, the “physical work test.” Developers can say they’ve started construction “when physical work of a significant nature begins, provided that the taxpayer maintains a continuous program of construction,” according to the law firm Leo Berwick.
This “significant physical work” can be split into onsite and offsite work. The former is what one might logically think of as “construction” — something along the lines of pouring foundations for wind turbines or building a road to bring in equipment.
Then there’s offsite. Ordering equipment qualifies as offsite work, Burton explained. But it has to be something that’s not held in inventory — this is why modules for a solar project don’t qualify, Burton said — the equipment must be built to order. Transformers are custom designed for the specific project, and can run into the millions of dollars.
“The guidance says expressly that step-up transformers qualify for this,” Burton told me. “It’s the only thing that guidance expressly states qualifies.”
This all adds up to a likely rush for transformer orders, adding more pressure onto a sector that’s been chronically under-supplied.
“The transformer manufacturers’ phones are ringing off the hook,” Burton said. “If I were the CFO of a transformer manufacturer, I would be raising my prices.”
While these tax rules may seem bewildering to anyone not a lawyer, they’re hardly obscure to the industry, which is well aware of how developers might react and is positioning itself to take advantage of this likely rush to start projects.
PV Hardware, which makes a type of solar equipment called a tracker that allows solar panels to track the movement of the sun, sent out a press release last week letting the world know that “it has the capacity to immediately Safe Harbor 5GW of tracker product, offering solar developers a critical opportunity to preserve eligibility for current clean energy tax credits amid legislative uncertainty.” Its trackers, the release said, would help developers meet the “thresholds quickly, mitigating risk and preserving the long-term viability of their project.”
The prospect of tariffs has also been an impetus to get construction work started quickly, Mike Hall, chief executive of the solar and storage data company Anza, told Heatmap. “There’s a slug of projects that would get accelerated, and in fact just having this bill come out of the House is already going to accelerate a number of projects,” Hall said.
But for projects that haven’t started, complying with the rules may be more tricky.
“For projects that are less far along in the pipeline and haven’t had any outlays or expenditures yet, those developers right now are scrambling,” Heather Cooper, a tax attorney at McDermott Will and Emery, told Heatmap. “I’ve gotten probably about 100 emails from my clients today asking me questions about what they can do to establish construction has begun on their project.”
And while developers of larger projects will literally have to do — or spend — more to qualify for tax credits under the new rule, they may still have an advantage.
“It’s increasingly clear to us that large-scale developers with the balance sheet and a pre-existing safe harbor program in place,” Jefferies analyst Julien Dumoulin-Smith wrote to clients last week, “are easily best positioned to keep playing the game.”
Additional reporting by Jael Holzman