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A conversation with the most interesting man on the Federal Energy Regulatory Commission.

It’s not every day that a top regulator calls into question the last few decades of policy in the area they help oversee. But that’s exactly what Mark Christie, a commissioner on the Federal Energy Regulatory Commission, the interstate power regulator, did earlier this year.
In a paper enticingly titled “It’s Time To Reconsider Single-Clearing Price Mechanisms in U.S. Energy Markets,” Christie gave a history of deregulation in the electricity markets and suggested it may have been a mistake.
While criticisms of deregulation are by no means new, that they were coming from a FERC commissioner was noteworthy — a Republican no less. While there is not yet a full-scale effort to reverse deregulation in the electricity markets, which has been going on since the 1990s, there is a rising tide of skepticism of how electricity markets do — and don’t — reward reliability, let alone the effect they have on consumer prices.
Christie’s criticisms have a conservative bent, as you’d expect from someone who was nominated by former President Donald Trump to the bipartisan commission. He is very concerned about existing generation going offline and has called activist drives against natural gas pipelines and other transportation infrastructure for the fossil-fuel-emitting power sources a “national campaign of legal warfare…[that] has prevented the construction of vitally needed natural gas transportation infrastructure.”
Since renewables have become, at times, among the world’s cheapest sources of energy and thus quite competitive in deregulated markets with fossil fuels (especially when subsidized), this kind of skepticism is a growing issue in the Republican Party, which has deep ties to oil and gas companies. The Texas state legislature, for instance, responded to Winter Storm Uri, which almost destroyed Texas’ electricity grid in 2021, with its own version of central planning: billions in low cost loans for the construction of new gas-fired power plants. Former Texas Governor Rick Perry, as secretary of energy in the Trump administration, even proposed to FERC a plan to explicitly subsidize coal and nuclear plants, citing reliability concerns. (FERC rejected it.) Some regions that didn’t embrace deregulation, like the Southeast and Southwest, also have some of the most carbon-intensive grids.
But Christie is not so much a critic of renewable resources like wind and solar, per se, as he is very focused on the benefits to the grid of ample “dispatchable” resources, i.e. power sources that can power up and down on demand.
This doesn’t have to mean uncritical acceptance of existing fossil fuel infrastructure. The idea that markets don’t reward reliability enough can help explain the poor winterization for fossil fuel generation that was so disastrous during Winter Storm Uri. And in California, the recognition that renewables alone can’t power the grid 24 hours a day has led to a massive investment in energy storage, which can help approximate the on-demand nature of natural gas or coal without the carbon pollution.
But Christie is primarily interested in the question of just how the planning is done for a system that links together electric generation and consumers. He criticized the deregulated system in much of the country where power is generated by companies separate from the utilities that ultimately sell and distribute that power to customers and where states have less of a role in overall planning, despite ultimately approving electricity rates.
Instead, these markets for power are mediated through a system where utilities pay independent generators a single price for their power at a given time that is arrived at through bidding, often in the context of sprawling multi-state regional transmission organizations like PJM Interconnection, which covers a large swath of the Midwest and Mid-Atlantic region, or the New England Independent System Operator. He says this set-up doesn’t do enough to incentivize dispatchable power, which only comes online when demand spikes, thus making the system overall less reliable, while still showing little evidence that costs have gone down for consumers.
Every year, grid operators and their regulators — including Christie — warn of reliability issues. What Christie argues is that these reliability issues may be endemic to the deregulated system.
Here is where there could be common ground between advocates for an energy transition and conservative deregulation skeptics like Christie. While the combination of deregulation and subsidies has been great for getting solar and wind from zero to around 13 percent of the nation’s utility-scale electricity generation, any truly decarbonized grid will likely require intensive government supervision and planning. Ultimately, political authorities who are guiding the grid to be less carbon-intensive will be responsible for keeping the lights on no matter how cold, warm, sunny, or windy it happens to be. And that may not be something today’s electricity “markets” are up for.
I spoke with Christie in late June about how FERC gave us the electricity market we have today, why states might be better managers than markets, and what he’s worried about this summer. Our conversation has been edited for length and clarity.
What happened to our energy markets in the 1990s and 2000s where you think things started to go wrong?
In the late ‘90s, we had this big push called deregulation. And as I pointed out in the article, it really wasn’t “deregulation” in the sense that in the ‘70s, you know, the trucking and airlines and railroads were deregulated where you remove government price regulation and you let the market set the prices. That’s not what happened. It really was just a change of the price-setting construct and the regulatory construct.
It took what had been the most common form of regulation of utilities, where utilities are considered to be natural monopolies, and said we’re going to restructure these utilities and we’re going to let the generation part compete in these regional markets.
And, you know, from an economic standpoint, okay, so far so good. But there’s been a lot of questioning as to whether there’s really true competition. Many parts of the country also just didn’t do it.
I think there’s a serious question whether that’s benefiting consumers more than the cost of service model where state regulators set the prices.
So if I’m an electricity consumer in one of the markets that’s more or less deregulated, how might reliability become an issue in my own home?
First of all, when you’re in one of these areas that are deregulated, essentially you’re paying the gas price. If it goes up, that’s what you’re going to pay. If it goes down, it looks really good.
But from the reliability standpoint, the question is whether these markets are procuring enough resources to make sure you have the power to keep your lights on 24/7. That is the big question to a consumer in a so-called deregulated state: Are these markets, which are now the main vehicle for buying generation resources, are they getting enough generation resources to make sure that your lights stay on, your heat stays on, and your air conditioning stays on?
Do you think there’s evidence that these deregulated markets are doing a worse job at that kind of procurement?
Well, let’s take, for example, PJM, which came out with an announcement in February that said they were going to lose in the next five years over 40 gigawatts. A gig is 1,000 megawatts, so that’s a lot of power, that’s a lot of generating resources. And the independent market monitor actually has told me it is closer to 50 gigawatts. So all these units are going to retire and they’re going to retire largely for economic reasons. They’re not getting sufficient compensation to stay open.
The essence of restructuring was that generating units are going to have to make their money in the market. They’re not going to get funding through what's called the “rate base,” which is the regulated, traditional cost-of-service model. They have to get it in the markets and theoretically, that sounds good.
But in reality, if they can’t get enough money to pay their cost, they’re going to retire and then you don’t have those resources. Particularly in the RTOs [regional transmission organizations, i.e. the multi-state electricity markets], you’re seeing these markets result in premature retirements of generating resources. And so, now, why is that? It’s more of a problem in the RTOS than non-RTOS because in the non-RTOS, they procure resources under the supervision of a state regulator through what’s called an integrated resource plan or IRP.
The reason I think the advantage and reliability is with the non-RTOS is that those utilities have to prove to a state regulator that their resource plan makes sense, that they’re planning to buy generating resources. Whether they’re buying wind or solar or gas, whatever, they have to go to a state regulator and say, “Here’s our plan” and then seek approval from that regulator. And if they’re shutting down units, the state regulator can say, “Wait a minute, you’re shutting down units that a few years ago you told us were needed for reliability, and now you’re telling us you want to shut them down.” So the state regulator can actually say , “No, you’re not going to shut that unit down. You’re going to keep running it.”
That’s why I think you have more accountability in the non-RTOS because the state regulators can tell the utility, “you need more resources, go build it or buy it,” or “you already have resources, you’re not going to shut them down, we’re not going to let you.”
You don’t have that in an RTO. In an RTO, it’s all done through the market. The market decides, to the extent it has a mind. You know, it’s all the result of market operations. It’s not anybody saying whether it’s a good idea or not for a certain unit to shut down.
I find it interesting that a lot of the criticism of the deregulated system — and a lot of places that are not deregulated — come from more conservative states that would generally not think of themselves as having this kind of strong state role in economic policy. What’s different about electricity? Why do you think the politics of this line up differently than it would on other issues?
I don’t know. That’s an interesting question. I haven’t even thought about it in those terms.
I think it goes back to when deregulation took place in the mid-to-late ‘90s. Other than Texas, which went all the way, the states that probably went farthest on it were in the Northeast. Part of the reason why is because they already had very high consumer prices. I think deregulation was definitely sold as a way to reduce prices to consumers. It hasn’t worked out that way.
Whereas you look at the Southeast, which never went in for deregulation. The Southeastern states, which are still non-RTO states, had relatively very low rates, so they didn’t see a problem to be fixed.
The other big trend since the 1990s and 2000s is the explosive growth of renewables, especially wind and solar. Is there something about deregulated electricity markets, the RTO system, that makes those types of resources economically more favorable than they would be under a different system?
Well, if you’re getting a very high subsidy, like wind and solar are getting, it means you can bid into the energy markets effectively at zero. So if you can bid in at zero offering, you’re virtually guaranteed to be a winner. In a non-RTO state, a state that's doing it through an integrated resource plan, the state regulator reviews the plan. That's why I think an IRP approach is better actually for implementing wind and solar because you can implement and deploy wind and solar as part of an integrated plan that includes enough balancing resources to make sure you keep the lights on.
To me an Integrated Resource Plan is a holistic process, where you can look at all the resources at your disposal: wind, solar, gas, as well as the demand side. And you can balance them all in a way that you think, “Okay, this balance is appropriate for us for the next three years, or four years, or five years.” Because you’re typically doing an IRP every three to five years anyway. And so I think it’s a good way to make sure you balance these resources.
In a market there’s no balancing. In a market it’s just winners and losers. And so wind and solar are almost always going to win because they have such massive subsidies that they’re going to get to offer in at a bid price of zero. The problem with that is they’re not going to get paid zero. They’re going to get paid the highest price [that all electricity suppliers get]. So they offer in at zero, but they get paid the highest price, which is going to be a gas price. It’s probably going to be the last gas unit to clear, that’s usually the one that’s the highest price unit. And yet because of the single clearing price mechanism, everybody gets that price. So you can offer it at zero to guarantee you clear, but then you’re going to get the highest price, usually a gas combustion turbine peaker.
Do you think we would see as much wind and solar on the grid if it weren’t for the fact that a lot of the resources are benefiting from the pricing mechanism you describe?
I don’t think you can draw that conclusion because there are non-RTO states that have what’s called a mandatory RPS, mandatory renewable portfolio standard. And so you can get there through a mandatory RPS and a cost to service model just as you can end up in a market. And actually, again, I think you can get there in a more balanced way to make sure that the reliability is not being threatened in the meantime.
To get back to what we’re talking about in the beginning, my understanding is that FERC, where you are now, played a large role in encouraging deregulation in the formation of RTOs. Is this something that your staff or other commissioners disagree with you about? How do you see the role you’re playing, where you’re doing public advocacy and reshaping this conversation around deregulation?
First of all, we always have to give the standard disclaimer, you never talk about a pending case. But FERC was really the driving force behind a lot of this deregulation. So obviously, they decided that that’s what they wanted to push, and they did. And so I think it’s appropriate as a FERC regulator to raise questions. I think raising questions about the status quo is an important thing that we do and should do. Ultimately, you advocate for what you think it ought to be and if the votes come eventually, it might take several years, but it’s important.
One of the things I try to do is, I put the consumer at the center of everything I do. It is absolutely my priority. And I think that it should be every regulator’s priority, particularly in the electric area because most consumers in America — in fact, almost all consumers in America — are captive customers. By captive. I mean, they don’t get to choose their electric supplier.
Like, where do you live, Matthew?
I live in New York City.
You don’t get to choose, right? You’re getting electricity from ConEd. And you don’t have any choice. So you’re a captive customer. And most consumers in America are captive customers. We tried this retail choice in a few states that didn’t work. You know, they’re still doing it. I’m not going to say whether it’s working or not, but I know we tried it in Virginia, and it didn’t work at all because of a lot of reasons.
I always put customers first and say, “Look, these customers are captive. We have to protect them. We have to protect the captive customers by making sure they’re not getting overcharged.” So that’s why I care about these issues. And that’s why I wrote this article. I think that customers in a lot of ways in America are not getting treated fairly. They’re getting overcharged and I think they’re not getting what they should be getting. And so I think a big part of it is some of this stuff that FERC's been pushing for the last 25 years.
Our time is running out. So I will leave with a question that is topical: It’s already been quite hot in Texas, but outside of Texas and in FERC-land, where are you concerned about reliability issues this summer?
Well, I’m concerned about everywhere. It’s not a flippant remark. I read very closely the reliability reports that we get from NERC and we have reliability challenges in many, many places. It’s not just in the RTOs. I think we have reliability challenges in the South. Fortunately, the West this year, which has been a problem the last couple of years, is actually looking pretty good because all the rain last winter — even flooding — really was great for hydropower.
I’m from California, and I think it’s the first time in my adult life that I remember stories about dams being 100 percent, if not more than 100 percent, full.
The rains and snowfall were so needed. It’s filled up reservoirs that have been really dry for years. And from an electrical standpoint, it’s been really good for hydro. So they’re looking at really good hydro availability this summer in ways they haven't been for the last several years. So the West actually, because of all the rain and the greater available of hydro, I think is in fairly good shape.
There’s a problem in California with the duck curve, the problem is still there. If you have such a high solar content, when the sun goes down, obviously the solar stops generating and so what do you do you know for the next four to five hours? Because the air conditioners are still running, it’s still hot, but that solar production has just dropped off the table. So they’ve been patching with some battery storage and some gas backup.
But I’m worried about everywhere. I watch very closely the reports that come out of the RTOs and you can’t be shutting down dispatchable resources at the rate we’re doing when you’re not replacing them one to one with wind or solar. The arithmetic doesn’t work and it’s going to catch up to us at some point.
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On a $6 billion EV write-down, a disappointing bullet train, and talks on a major mining merger
Current conditions: Nearly all of Australia is under a heat warning as wildfires continue to burn • 65,000 properties in the United Kingdom lose power due to Storm Goretti • Two tornadoes ripped through Oklahoma on Thursday, the first in the U.S. in 2026.
After writing a memo last year that shook up the climate community with its call for a pragmatic “pivot,” Microsoft founder and philanthropist Bill Gates published another missive Friday morning laying out his ideas on global problems — and their solutions. The bulk of his “The Year Ahead: Optimism with Footnotes” letter touches on his primary philanthropic concern, global public health, and he laments that “the world went backwards last year on a key metric of progress: the number of deaths of children under 5 years old.” Across both public health and climate change, he maintains his characteristic optimism about innovation (now, innovation buoyed by artificial intelligence), but says that “my optimism comes with footnotes.”
On climate change specifically, Gates hails “meaningful progress” in the past 10 years in cutting projected emissions, but returns to his mantra of technological advancements to decarbonize hard-to-abate sectors and bring down the cost of green technology. “We still have a lot of innovation and scaling up to do in tough areas like industrial emissions and aviation. Government policies in rich countries are still critical because unless innovations reach scale, the costs won’t come down and we won’t achieve the impact we need,” Gates says. As for his philanthropy, he writes that “I will be investing and giving more than ever to climate work in the years ahead while also continuing to give more to children’s health, the foundation’s top priority.”
Glencore and Rio Tinto, two of the world’s largest mining companies, are considering a merger, Bloomberg News reported Thursday. If Rio Tinto were to buy Glencore, they would form a $200 billion mining giant. While the two mine and trade a number of commodities, they are both big players in copper, a key metal for electrification and decarbonization because of its use in electrical equipment. Glencore is also a major producer of coal, a business Rio Tinto has exited. People familiar with the merger talks told Bloomberg that Rio Tinto would be “open to retaining Glencore’s coal business if talks are successful,” however.
General Motors said in a regulatory filing that it expects to “record charges of approximately $6.0 billion” related to downsizing its electric vehicle business. The company cited “the termination of certain consumer tax incentives and the reduction in the stringency of emissions regulations,” which caused “industry-wide consumer demand for EVs in North America … to slow in 2025.” The filing is a marked change from October, when the company predicted a $1.6 billion charge. which Heatmap contributor Andrew Moseman attributed at the time to “chaos” induced by the Trump administration.
GM has been reducing its EV and battery commitments in the United States of late, including by transitioning an EV manufacturing facility to producing internal combustion pickup trucks and selling its stake in a battery cell joint venture. GM said in its regulatory filing that the $6 billion worth of charges “include non-cash impairments and other non-cash charges of approximately $1.8 billion as well as supplier commercial settlements, contract cancellation fees, and other charges of approximately $4.2 billion.” In other words, it's writing down the value of investments made in manufacturing capacity it won’t need and making payments to suppliers who had invested as well. It also said it expects “to recognize additional material cash and non-cash charges in 2026 related to continued commercial negotiations with our supply base” and that “proposed regulatory changes to the greenhouse gas emission standards could result in an impairment of our emissions credits.”

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Tom Cotton, the Arkansas Republican Senator, introduced a new data center proposal on Thursday called the DATA Act. Like many government officials at the state, local, and federal levels, Cotton is aiming to balance support for data center development with protections for consumers on electricity costs. Cotton’s bill goes beyond previous proposals to promote “behind the meter” generation and would seek to foster generation that served specific customers with a setup known as a“consumer-regulated electric utility” — i.e. not a public utility.
These CREUs would exist “exclusively for the purpose of serving new electric loads that were not previously served by any retail electricity supplier” — in other words, a new electric system for new demand. These systems would operate outside of regulatory requirements for public utilities, as long as they’re “physically islanded” from the existing electric grid. “American dominance in artificial intelligence and other crucial emerging industries should not come at the expense of Arkansans paying higher energy costs,” Cotton wrote on X.
Stellantis, the parent company of Jeep and Chrysler, is ceasing production of all its brands’ plug-in hybrid models. These include the Wrangler 4xe, which Moseman described as the company’s “signature electrified effort so far.”
Stellantis confirmed the news to industry publication The Drive, telling the outlet: “With customer demand shifting, Stellantis will phase out plug‑in hybrid (PHEV) programs in North America beginning with the 2026 model year, and focus on more competitive electrified solutions, including hybrid and range‑extended vehicles where they best meet customer needs.”
“I debated whether or not to include this in my comments,” California Governor Gavin Newsom said in his final State of the State address before discussing the progress being made on California’s troubled high-speed rail project. The project is due to start running — albeit only from Bakersfield to Modesto — in 2033. The estimated cost to complete the full Los Angeles-to-San Francisco line is now some $128 billion, compared to the $33 billion targeted in 2020.
Two international law experts on whether the president can really just yank the U.S. from the United Nations’ overarching climate treaty.
When the Trump administration moved on Wednesday to withdraw the U.S. from the United Nations Framework Convention on Climate Change, we were left to wonder — not for the first time — can he really do that?
The UNFCCC is the umbrella organization governing UN-organized climate diplomacy, including the annual climate summit known as the Conference of the Parties and the 2015 Paris Agreement. The U.S. has been in and out and back into the Paris Agreement over the years, and was most recently taken out again by a January 2025 executive order from President Trump. The U.S. has never before attempted to exit the UNFCCC — which, unlike the Paris Agreement, it joined with the advice and consent of the Senate.
Whether or not a president can unilaterally remove the U.S. from a Senate-approved treaty is somewhat uncharted legal territory. As University of Pennsylvania constitutional law professor Jean Galbraith told me, “This is an issue on which the text of the constitution is silent — it tells you how to make a treaty, but it doesn’t tell you anything about how to unmake a treaty.” Even if a president can simply withdraw from a treaty, there’s still the question of what happens next. Could a future president simply rejoin the UFCCC? Or would they again need to seek the advice and consent of the Senate, which would require getting 67 senators to agree that international climate diplomacy is a worthy enterprise? And what does all of this mean for the future of the Paris Agreement? Is the U.S. locked out for good?
In an attempt to wrap my head around these questions, I spoke to both Galbraith and Sue Biniaz, a lecturer at Yale School of the Environment and a former lead climate lawyer at the State Department who worked on both the Paris Agreement and the UNFCCC. Biniaz and Galbraith were part of a 2018 symposium on the question of treaty withdrawal that was prompted, in part, by Trump’s first attempt to remove the U.S. from the Paris Agreement, during his first term in the White House. Those conversations led Galbraith to consider the question of rejoining treaties in a 2020 Virginia Law Review article. Suffice it for now to say that both questions are complicated, but we dig into the answers to both and more in our conversation below.
Interviews have been edited for length and clarity.
At the most basic level, what are the constitutional questions at play in an executive withdrawal from the UNFCCC?
Galbraith: Typically, the U.S. president needs to think about both international law and domestic law. And as a matter of international law, there is a withdrawal provision in the UNFCCC that says you can withdraw after you’ve been in it for a few years, after one year of notice. Assuming they give their notice of withdrawal and wait a year, this is an issue on which the text of the constitution is silent — it tells you how to make a treaty, but it doesn’t tell you anything about how to unmake a treaty.
And we have no definitive answer from the courts. The closest they got to deciding that was in a case called Goldwater v. Carter, which was when President Carter terminated the mutual defense treaty with Taiwan. That was litigated, and the Supreme Court ducked — four justices said this is a political question that we’re not going to resolve, and one justice said this case is not ripe for resolution because I don’t know whether or not Congress likes the withdrawal. There was no majority opinion, and there was no ruling on the merit for the constitutional question.
Presidents have exercised the authority to withdraw the United States from various international agreements. So in practice, it happens. The constitutionality has not been finally settled.
Both Trump administrations have removed the U.S. from the Paris Agreement, but the Paris Agreement was not a Senate-ratified treaty, whereas the UNFCCC is. How does that change things?
Galbraith: The text of the constitution only clearly spells out one way to make an international treaty, in the treaty clause [of Article II]. When you make an Article II treaty, it’s signed by the president and secretary of state. It goes over to the Senate; the Senate provides advice and consent — the U.S. is still not in it. At that point, the president has to take a final act of ratifying the treaty, which means depositing the instrument of ratification with the international depository, and that’s the moment you’re in. And it’s perfectly permissible for a president after the Senate has given advice and consent not to ratify a treaty, or to leave those resolutions of advice and consent for years and then go ahead and ratify.
In practice, you have all these kinds of other ways of making [a treaty]. You have what happened with the Paris Agreement, where the president does it largely on their own authority, but maybe pointing to pre-existing facts of, say, the UNFCCC’s existence. You have some international agreements that have been negotiated, then taken to Congress rather than to the Senate. Sometimes you have Congress pass a law that says, Please make this kind of agreement. So you have a lot of different pathways to making them. And I think there is a story in which the pathway to making them should be significant in thinking about, what is the legitimate, constitutional way for exiting them?
To me, it’s pretty obvious that if you don’t get specific approval for an agreement in the first place, then you should be able to unilaterally withdraw, assuming you’re doing so consistent with international law. I think the concerns around the constitutionality of withdrawal are more significant for the UNFCCC than they are for the Paris Agreements. But there nonetheless is this fairly strong body of practice in which presidents have viewed themselves as authorized to withdraw without needing to go to Congress or the Senate.
Biniaz: The Senate doesn’t ratify. It sounds like a detail, but the Senate basically authorizes the president to ratify — they give their advice and consent. And that’s important because it’s not the Senate that decides whether we join an agreement. They authorize the president, the president does not have to join. And that becomes relevant when we talk about withdrawing and rejoining.
We did not address, when we sent up the framework convention, whether it was legally necessary to send it to the Senate. But we sent it in any event, and it was approved basically unanimously by the full Senate back in 1992. With respect to the Paris Agreement, there are a lot of different considerations when you’re trying to figure out whether something needs to go to the Senate or not, but the fact that we already had a Senate-approved convention changed the legal calculus as to whether this Paris Agreement needed to go to the Senate. And then when the Paris Agreement ended up essentially elaborating the convention and the targets were not legally binding, we decided we could do it as an executive agreement. There was some quibbling in some quarters — more from a political point of view than a legal point of view — but I didn’t hear any objection from a legal point of view.
Now, in terms of withdrawing from an agreement, whether or not an agreement has been approved by the Senate, my view would be: The president can withdraw unilaterally. That is the mainstream view. It’s certainly the view that the president can withdraw unilaterally from an agreement that didn’t even go to Congress, like the Paris Agreement. And in part, that’s for the reasons that I mentioned. The Senate is not deciding to join the agreement — they’re authorizing, but it’s up to the president whether to actually join, and the president does that unilaterally. And then the mirror image of that would be he or she can withdraw unilaterally.
There’s a related legal question that has not been litigated, which is if Congress passes a law that says, Thou shalt not withdraw from a particular agreement, would that law be constitutional? Some would say no, because the president can withdraw, and so the Congress can’t fetter that right. So that’s like uncharted waters, but that’s not a live issue in this case.
Trump took the U.S. out of the Paris Agreement. Biden put the us back into the Paris Agreement. Trump then took us out of the Paris Agreement again, and is now withdrawing the U.S. from the umbrella organization of the Paris Agreement. I assume that would complicate the efforts of a future president to rejoin the Paris Agreement. Would it be possible for them to rejoin the framework convention? What would have to happen?
Galbraith: So first, the framework convention is the gateway to the Paris Agreement. There’s a provision in the Paris Agreement that says, in order to be in the Paris Agreement, you’ve got to be in the framework convention. And so as a matter of international law, in order to rejoin the Paris Agreement — at least unless it were dramatically amended, which is its own unlikely thing — you would need to be a member of the UNFCCC, which does mean that the question of how you rejoin the UNFCCC becomes significant. We have very little practice on any kind of rejoining. I myself think that the president could simply rejoin the UNFCCC by pointing back to the original Senate resolution of advice and consent to it. You could go back to the Senate. You could ask Congress for a resolution.
My own view is that if the president withdraws the U.S., well, they still have on the books this resolution in which the Senate has consented to ratification — they want to go back in, they go back in. I think this is pretty logically clear, but also an important constraint on presidential power. Because it’s a much more concerning increase in presidential power if you have to do all the work of getting two-thirds of the Senate, then any president can, just at the snap of their fingers, take you out, and you have to go all the way back to the beginning.
Biniaz: There are many options. One is a straightforward option: You go back to the Senate, get 67 votes. Another would be you get both houses of Congress to authorize it [on a majority vote basis]. Another would be — and there may be more — but another would be the idea that the original Senate resolution which we used in 1992 to join still exists, and nothing has extinguished it. And there the analogy would be to a regular law.
There’s several laws in the United States that authorized the president to join some kind of international body or institution. There’s a law that authorizes the president to join the International Labor Organization. There’s a law that authorized the president to join UNESCO. In both of those cases, the U.S. has been in and out and back in — and I think in one case, at least, back out. No one has batted an eye because, well, it’s a law. So the question there would be, is there any reason why a Senate resolution would be any different? Professor Galbraith explores in her law review article that exact question, and concludes that, no, there shouldn’t be a difference — I’m simplifying, but that’s the gist. And under that theory, yeah, a future president could rejoin the convention on his or her own, utilizing that authority, and then after having rejoined the convention, rejoin the Paris Agreement.
So you mentioned that there’s a provision in the UNFCCC that says you have to give notice that you’re exiting, and you wait a year, and then you exit. What does not waiting a year look like?
Galbraith: It can happen that an entity will announce its exit and then violate international law by violating the treaty terms during that one-year period. If there are, say, reporting obligations that the United States has, it would be a violation of international law not to meet those during the period while you’re still a party to the treaty.
This is obviously an escalation of Trump’s previous actions to withdraw from the Paris Agreement, in the sense that it cuts off the path to rejoining that. What does this tell us about the way the Trump administration views its position within global climate diplomacy, and also the international community, period?
Galbraith: It adds to the impression that we already see other contexts, which is that the second Trump administration is even less inhibited and climate-aware than the first administration was — which is really saying something, right? This is an escalation of a position that was already an international outlier. Every other country is in these things, and it shows a real, powerful, and deeply upsetting failure to address the crisis of the global commons.
Biniaz: The way I think about it is that, during Trump 1, it was more like there was an absence of a positive — so in other words, the administration continued to participate in negotiations. They were not pressing countries to take climate action, but neither were they pressing countries not to take climate action. This administration, you could think of it as not just the absence of a positive, but the presence of a negative. I don’t mean that in any judgmental sense. I just mean there’s been much more of an active push from the administration for others to sort of follow suit or to vote against climate-related agreements such as at the [International Maritime Organization]. That’s quite a difference between 1 and 2.
Going into this past year’s COP, it seemed like there was already a sense that international climate diplomacy was, if not dead, at least the wind had come out of the sails. Do you agree? And if so, do you think that wind will come back?
Biniaz: You have to think of international climate diplomacy very broadly. It’s not just the UNFCCC Paris Agreement and decisions that are taken by consensus. That was pretty thin gruel that came out of COP30. But if you think of international climate diplomacy more broadly as all kinds of initiatives, coalitions that are operating among subgroups of countries and at all levels of stakeholders, there’s really a lot going on in what people call the real world. I think over the next couple of years, the proportion of action that’s taken officially, by consensus, dips somewhat, and action goes up. And maybe that balance shifts over time. But I think it’s wrong to judge climate diplomacy simply by what was achievable by 197 countries, because that’s always going to be the hardest to achieve, with or without the United States.
I think it’s more difficult without a pro-climate U.S. because of the role the U.S. has historically played, in terms of promoting ambition and brokering compromises and that kind of thing. But I don’t think, if you only look at that, it’s not the right metric for judging all of global climate diplomacy.
On Venezuela’s oil, permitting reform, and New York’s nuclear plans
Current conditions: Cold temperatures continue in Europe, with thousands of flights canceled at Amsterdam Schiphol Airport, while Scotland braces for a winter storm • Northern New Mexico is anticipating up to a foot of snow • Australia continues to swelter in heat wave, with “catastrophic fire risk” in the state of Victoria.
The White House said in a memo released Wednesday that it would withdraw from more than 60 intergovernmental organizations, including the United Nations Framework Convention on Climate Change, the international climate community’s governing organization for more than 30 years. After a review by the State Department, the president had determined that “it is contrary to the interests of the United States to remain a member of, participate in, or otherwise provide support” to the organizations listed. The withdrawal “marks a significant escalation of President Trump’s war on environmental diplomacy beyond what he waged in his first term,” Heatmap’s Robinson Meyer wrote Wednesday evening. Though Trump has pulled the United States out of the Paris Agreement (twice), he had so far refused to touch the long-tenured UNFCCC, a Senate-ratified pact from the early 1990s of which the U.S. was a founding member, which “has served as the institutional skeleton for all subsequent international climate diplomacy, including the Paris Agreement,” Meyer wrote.
Among the other organizations named in Trump’s memo was the Intergovernmental Panel on Climate Change, which produces periodic assessments on the state of climate science. The IPCC produced the influential 2018 report laying the intellectual foundations for the goal of limiting global warming to 1.5 degrees Celsius above pre-industrial levels.
More details are emerging on the Trump administration’s plan to control Venezuela’s oil assets. Trump posted Tuesday evening on Truth Social that the U.S. government would take over almost $3 billion worth of Venezuelan oil. On Wednesday, Secretary of Energy Chris Wright told a Goldman Sachs energy conference that “going forward we will sell the production that comes out of Venezuela into the marketplace.” A Department of Energy fact sheet laid out more information, including that “all proceeds from the sale of Venezuelan crude oil and oil products will first settle in U.S. controlled accounts,” and that “these funds will be disbursed for the benefit of the American people and the Venezuelan people at the discretion of the U.S. government.” The DOE also said the government would selectively lift some sanctions to enable the oil sales and transport and would authorize importation of oil field equipment.
As I wrote for Heatmap on Monday, sanctions are just one barrier to oil development among a handful that would have to be cleared for U.S. oil companies to begin exploiting Venezuela’s vast oil resources.
In a Senate floor speech, Senator Martin Heinrich of New Mexico blasted the Trump administration’s anti-renewables executive actions, saying that the U.S. is “facing an energy crisis of the Trump administration’s own making,” and that “the Trump administration is dismantling the permitting process that we use to build new energy projects and get cheaper electrons on the grid.” Heinrich, a Democrat, is the ranking member of the Senate Committee on Energy and Natural Resources and a key player in any possible permitting reform bill. Though he said he supports permitting reform in principle, calling for “a system that can reliably get to a ‘yes’ or a ‘no’ on a permit in two to three years — not 10, not 17,” he said that “any permitting deal is going to have to guarantee that no administration of either party can weaponize the permitting process for cheap political points.” Heinrich called on Trump officials “to follow the law. They need to reverse their illegal stop work orders, and they need to start approving legally compliant energy projects.”
He did offer an olive branch to the Republican senators with whom he would have to negotiate on any permitting legislation, noting that “the challenge to doing permitting reform is not in this building,” specifying that Senators Mike Lee, chair of the ENR Committee, and Shelly Moore-Capito, chair of the Senate Committee on Environment and Public Works, have not been barriers to a deal. Instead, he said, “it is this Administration that is poisoning the well.”

The climate science nonprofit Climate Central released an analysis Thursday morning ranking 2025 “as the third-highest year (after 2023 and 2024) for billion-dollar weather and climate disasters — with 23 such events causing 276 deaths and costing a total of $115 billion in damages,” according to a press release.
Going back to 1980, the average number of disasters costing $1 billion or more to clean up was nine, with an average total bill of $67.9 billion. The U.S. hit that average within the first weeks of last year with the Los Angeles wildfires, which alone were responsible for over $61 billion in damages, the most economically damaging wildfire on record.
The New York Power Authority announced Wednesday that 23 “potential developers or partners,” including heavyweights like NextEra and GE Hitachi and startups like The Nuclear Company and Terra Power, had responded to its requests for information on developing advanced nuclear projects in New York State. Eight upstate communities also responded as potential host sites for the projects.
New York Governor Kathy Hochul said last summer that New York’s state power agency would go to work on developing 1 gigawatt of nuclear capacity upstate. Late last year, Hochul signed an agreement with Ontario Premier Doug Ford to collaborate on nuclear technology. Ontario has been working on a small modular reactor at its existing Darlington nuclear site, across Lake Ontario from New York.
“Sunrise Wind has spent and committed billions of dollars in reliance upon, and has met the requests of, a thorough review process,” Orsted, the developer of the Sunrise Wind project off the coast of New York, said in a statement announcing that it was filing for a preliminary injunction against the suspension of its lease late last year.