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On EV sales, a clean energy lobbying blitz, and fusion

Current conditions: Firefighters in South Korea are struggling to contain wildfires that have charred more than 36,000 acres • Reports of fire ant stings in Australia have exploded in recent weeks after torrential rain from Cyclone Alfred forced the invasive pests above ground • Temperatures in Phoenix, Arizona, reached 96 degrees Fahrenheit yesterday, breaking a daily heat record in place since 1990. Today is expected to be even hotter.
China’s BYD reported annual sales over $100 billion for the first time, dealing yet another blow to its chief U.S. rival, Tesla. The company’s shares have risen by 91% over the past 12 months. Tesla, by contrast, has yet to hit $100 billion in annual revenue, and its shares have dropped about 30% since the start of 2025, wiping out its post-election bump.
Tesla sales have been falling in some key markets in response to CEO Elon Musk’s involvement in the Trump administration and his meddling in European politics. In a poll provided to Heatmap last month, nearly half of likely U.S. voters said that Musk’s behavior had made them less likely to buy or lease a Tesla. As Bloomberg noted, BYD doesn’t sell in the U.S. due to tariffs on Chinese cars, “but it’s made big inroads into markets in Europe, places in Asia like Singapore and Thailand, as well as Australia.” On Sunday it rolled out its Qin L EV, which is a rival to Tesla’s Model 3 electric sedan, at half the price.

More than 100 clean energy companies, trade associations, and other industry stakeholders are descending on Capitol Hill this week to amplify an ongoing lobbying push to preserve clean energy tax credits in the upcoming budget reconciliation bill, Heatmap’s Emily Pontecorvo reports. Their mission? Convince Republicans on the House Ways and Means committee that the clean energy tax credits in the Inflation Reduction Act are key to executing President Trump’s energy agenda.
The Ways and Means Committee oversees tax writing, meaning that it will be responsible for proposing which of Trump’s tax cuts to include in the upcoming budget reconciliation bill, how to pay for them, and which of the Inflation Reduction Act’s tax credits should stay or go. Although the Senate will also have a say, the signal in Washington right now is that whatever version of the bill the House passes is going to be pretty close to the final bill. “That’s why it’s so important for any Republican members who see the benefit of what’s happening in their communities and how their constituents are saving money on energy to be talking to their colleagues right now in Ways and Means,” said Andrew Reagan, the executive director of Clean Energy for America. Pontecorvo spoke with Reagan about this week’s lobbying push. Read their full conversation here.
Hyundai Motor Group announced on Monday it plans to build a $5.8 billion steel plant in Louisiana, part of a larger $21 billion investment in the South Korean automaker’s U.S.-based manufacturing operations. The company’s executives held a joint press conference at the White House to unveil the plans alongside President Trump and Louisiana Governor Jeff Landry. The plant will produce 2.7 million tons of steel a year to be used to make Hyundai vehicles (and cars for its sister brands Kia and Genesis) at Hyundai plants in Alabama and Georgia. Other manufacturers may also use the steel.
Trump said the announcement was proof that his tariff threats work, but it’s also considered a boost for electric vehicles. The $21 billion investment includes money for projects to build more hybrids and EVs, EV batteries, and charging infrastructure in the U.S. Last year, Hyundai was America’s second best-selling EV maker. Tomorrow it will celebrate the recent opening of its new EV and battery plant in Georgia.
The U.S. Supreme Court said on Monday it will not hear an appeal in a landmark youth-led climate case, putting an end to the 10-year legal battle. In Juliana v. United States, 21 young people sued the federal government, arguing it violated their constitutional rights by rolling out policies supporting fossil fuel usage. A lower court dismissed the suit in 2020, saying that the court system was not the right place to argue about climate change and that “the plaintiffs’ impressive case for redress must be presented to the political branches of government.” This case has served as a framework for other environmental lawsuits in recent years, some of them successful. A plaintiff in one of those cases said Juliana had “left an indelible mark on the landscape of climate litigation.”
U.S.-based fusion power company Commonwealth Fusion Systems announced today it has started building its SPARC tokamak in Devens, Massachusetts. CFS says that by 2027, its SPARC tokamak will be “the world’s first commercially relevant fusion energy machine to produce more energy from fusion than it needs to power the process.” This month the company installed the tokamak’s cryostat base, which will help to keep the system’s magnets cool. With assembly of SPARC underway, “we can now see the beginnings of the actual machine we’ll use to prove the commercial viability of our technology,” the company said in a press release.
Researchers in Europe have developed a highly-efficient transparent solar cell that could pave the way for solar windows.
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.