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Economy

The Big Problem With the EPA’s New Rules

They fall short of President Biden’s power plant goals — and he’s running out of time and tools.

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A natural-gas plant.
Heatmap Illustration/Getty Images

As you may have heard, the Biden administration on Thursday proposed regulating greenhouse-gas emissions from new and existing power plants.

The rule is a landmark. If implemented successfully, it would mark the first time that the United States has regulated emissions from existing power plants, one of the largest sources of carbon pollution in the economy.

Yet coverage of the rule has deviated in some respects from what it would actually do. The rule falls short of its goals in at least one important way: It will not meet President Joe Biden’s targets for the power sector.

Soon after he took office, President Biden committed the United States to generating 100% of its electricity from zero-carbon sources by 2035. It is part of his broader Paris Agreement pledge to slash U.S. carbon pollution in half by 2030 as compared to 2005 levels.

But the EPA’s proposal would not achieve a zero-carbon power grid even by 2040, five years after the president’s deadline. If the rule is implemented, then the American electricity system will emit 458 million metric tons of carbon pollution in 2040. While that is a significant reduction — it’s about 70% lower than today’s annual emissions — it is obviously not zero.

“These rules and this section of the Clean Air Act is not designed to achieve President Biden’s clean power targets,” Charles Harper, a policy analyst at Evergreen, a climate advocacy organization and think tank, told me.

“These power-sector rules are an important contributor to reducing emissions to the power sector, but they alone won’t get to a zero-carbon grid — and that’s by design within the statute.”

On one hand, the EPA’s proposal reveals the success of President Biden’s flagship climate accomplishment, the Inflation Reduction Act. The EPA’s proposal can mandate carbon capture and storage so aggressively because that law’s subsidies and tax credits made it economically feasible for utilities. The proposal is “designed very, very well to work in tandem with the IRA tax credits,” Nick Bryner, a law professor at Louisiana State University, told me.

In fact, according to the rule’s analysis, the climate law — and not the proposed rule — will drive most of the emissions declines in the power sector from 2028 to 2040. The rule is tinkering around the edges of a much larger transformation.

But on the other hand, the rule reveals the limits of that metamorphosis. The Biden administration has adopted more climate policy than any previous administration, yet they are running out of tools to make their climate goals a reality. The EPA will be lucky to finalize these rules before the end of Biden’s first — and potentially only — term. And it is not working on any other proposed power-sector regulation that might get the country all the way to Biden’s 2035 goal.

At this point, Biden may need a revolution of state and local climate advocacy — not to mention another four years in office, and perhaps even another congressional majority — to achieve his most ambitious climate goals. The planet is only getting hotter.

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At least 47 major data center projects have been delayed, withdrawn, or blocked so far this year, according to data the regulatory intelligence service RegLayer shared with the Financial Times — and that may be a “conservative estimate.” Just 35% of planned data centers are “credible,” analysts told the newspaper, as more than 1,000 communities across the United States now have restrictions on artificial intelligence infrastructure. The data comes as investors look increasingly jittery about AI following ChatGPT-maker OpenAI’s missing a key revenue metric this year.

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One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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And more of the week’s top news around project fights.

The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
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