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From what it means for America’s climate goals to how it might make American cars smaller again

The Biden administration just kicked off the next phase of the electric-vehicle revolution.
The Environmental Protection Agency unveiled Wednesday some of the world’s most aggressive climate rules on the transportation sector, a sweeping effort that aims to ensure that two-thirds of new cars, SUVs, and pickups — and one-quarter of new heavy-duty trucks — sold in the United States in 2032 will be all electric.
The rules, which are the most ambitious attempt to regulate greenhouse-gas pollution in American history, would put the country at the forefront of the global transition to electric vehicles. If adopted and enforced as proposed, the new standards could eventually prevent 10 billion tons of carbon pollution, roughly double America’s total annual emissions last year, the EPA says.
The rules would roughly halve carbon pollution from America’s massive car and truck fleet, the world’s third largest, within a decade. Such a cut is in line with Biden’s Paris Agreement goal of cutting carbon pollution from across the economy in half by 2030.
Transportation generates more carbon pollution than any other part of the U.S. economy. America’s hundreds of millions of cars, SUVs, pickups, 18-wheelers, and other vehicles generated roughly 25% of total U.S. carbon emissions last year, a figure roughly equal to the entire power sector’s.
In short, the proposal is a big deal with many implications. Here are seven of them.

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Every country around the world must cut its emissions in half by 2030 in order for the world to avoid 1.5 degrees Celsius of temperature rise, according to the Intergovernmental Panel on Climate Change. That goal, enshrined in the Paris Agreement, is a widely used benchmark for the arrival of climate change’s worst impacts — deadly heat waves, stronger storms, and a near total die-off of coral reefs.
The new proposal would bring America’s cars and trucks roughly in line with that requirement. According to an EPA estimate, the vehicle fleet’s net carbon emissions would be 46% lower in 2032 than they stand today.
That means that rules of this ambition and stringency are a necessary part of meeting America’s goals under the Paris Agreement. The United States has pledged to halve its carbon emissions, as compared to its all-time high, by 2020. The country is not on track to meet that goal today, but robust federal, state, and corporate action — including strict vehicle rules — could help it get there, a recent report from the Rhodium Group, an energy-research firm, found.

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Until this week, California and the European Union had been leading the world’s transition to electric vehicles. Both jurisdictions have pledged to ban sales of new fossil-fuel-powered cars after 2035 and set aggressive targets to meet that goal — although Europe recently watered down its commitment by allowing some cars to burn synthetic fuels.
The United States hasn’t issued a similar ban. But under the new rules, its timeline for adopting EVs will come close to both jurisdictions — although it may slightly lag California’s. By 2030, EVs will make up about 58% of new vehicles sold in Europe, according to the think tank Transportation & Environment; that is roughly in line with the EPA’s goals.
California, meanwhile, expects two-thirds of new car sales to be EVs by the same year, putting it ahead of the EPA’s proposal. The difference between California’s targets and the EPA’s may come down to technical accounting differences, however. The Washington Post has reported that the new EPA rules are meant to harmonize the national standards with California’s.

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With or without the rules, the United States was already likely to see far more EVs in the future. Ford has said that it would aim for half of its global sales to be electric by 2030, and Stellantis, which owns Chrysler and Jeep, announced that half of its American sales and all its European sales must be all-electric by that same date. General Motors has pledged to sell only EVs after 2035. In fact, the EPA expects that automakers are collectively on track for 44% of vehicle sales to be electric by 2030 without any changes to emissions rules.
But every manufacturer is on a different timeline, and some weren’t planning to move quite this quickly. John Bozella, the president of Alliance for Automotive Innovation, has struck a skeptical note about the proposal. “Remember this: A lot has to go right for this massive — and unprecedented — change in our automotive market and industrial base to succeed,” he told The New York Times.
The proposed rules would unify the industry and push it a bit further than current plans suggest.

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The EPA’s proposal would see sales of all-electric heavy trucks grow beginning with model year 2027. The agency estimates that by 2032, some 50% of “vocational” vehicles sold — like delivery trucks, garbage trucks, and cement mixers — will be zero-emissions, as well as 35% of short-haul tractors and 25% of long-haul tractor trailers. This would save about 1.8 billion tons of CO2 through 2055 — roughly equivalent to one year’s worth of emissions from the transportation sector.
But the proposal falls short of where the market is already headed, some environmental groups pointed out. “It’s not driving manufacturers to do anything,” said Paul Cort, director of Earthjustice’s Right to Zero campaign. “It’s following what’s happening in the market in a very conservative way.”
Last year, California passed rules requiring 60% of vocational truck sales and 40% of tractors to be zero-emissions by 2032. Daimler, the world’s largest truck manufacturer, has said that zero emissions trucks would make up 60% of its truck sales by 2030 and 100% by 2039. Volvo Trucks, another major player, said it aims for 50% of its vehicle deliveries to be electric by 2030.

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One of the more interesting aspects of the new rules is that they pick up on a controversy that has been running on and off for the past 13 years.
In 2010, the Obama administration issued the first-ever greenhouse-gas regulations for light-duty cars, SUVs, and trucks. In order to avoid a Supreme Court challenge to the rules, the White House did something unprecedented: It got every automaker to agree to meet the standards even before they became law.
This was a milestone in the history of American environmental law. Because the automakers agreed to the rules, they were in effect conceding that the EPA had the legal authority to regulate their greenhouse-gas pollution in the first place. That shored up the EPA’s legal authority to limit greenhouse gases from any part of the economy, allowing the agency to move on to limiting carbon pollution from power plants and factories.
But that acquiescence came at a cost. The Obama administration agreed to what are called “vehicle footprint” provisions, which put its rules on a sliding scale based on vehicle size. Essentially, these footprint provisions said that a larger vehicle — such as a three-row SUV or full-sized pickup — did not have to meet the same standards as a compact sedan. What’s more, an automaker only had to meet the standards that matched the footprint of the cars it actually sold. In other words, a company that sold only SUVs and pickups would face lower overall requirements than one that also sold sedans, coupes, and station wagons.
Some of this decision was out of Obama’s hands: Congress had required that the Department of Transportation, which issues a similar set of rules, consider vehicle footprint in laws that passed in 2007 and 1975. Those same laws also created the regulatory divide between cars and trucks.
But over the past decade, SUV and truck sales have boomed in the United States, while the market for old-fashioned cars has withered. In 2019, SUVs outsold cars two to one; big SUVs and trucks of every type now make up nearly half the new car market. In the past decade, too, the crossover — a new type of car-like vehicle that resembles a light-duty truck — has come to dominate the American road. This has had repercussions not just for emissions, but pedestrian fatalities as well.
Researchers have argued that the footprint rules may be at least partially to blame for this trend. In 2018, economists at the University of Chicago and UC Berkeley argued Japan’s tailpipe rules, which also include a footprint mechanism, pushed automakers to super-size their cars. Modeling studies have reached the same conclusion about the American rules.
For the first time, the EPA’s proposal seems to recognize this criticism and tries to address it. The new rules make the greenhouse-gas requirements for cars and trucks more similar than they have been in the past, so as to not “inadvertently provide an incentive for manufacturers to change the size or regulatory class of vehicles as a compliance strategy,” the EPA says in a regulatory filing.
The new rules also tighten requirements on big cars and trucks so that automakers can’t simply meet the rules by enlarging their vehicles.
These changes may not reverse the trend toward larger cars. It might even reveal how much cars’ recent growth is driven by consumer taste: SUVs’ share of the new car market has been growing almost without exception since the Ford Explorer debuted in 1991. But it marks the first admission by the agency that in trying to secure a climate win, it may have accidentally created a monster.

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The EPA is trumpeting the energy security benefits of the proposal, in addition to its climate benefits.
While the U.S. is a net exporter of crude — and that’s not expected to change in the coming decades — U.S. refineries still rely on “significant imports of heavy crude which could be subject to supply disruptions,” the agency notes. This reliance ties the U.S. to authoritarian regimes around the world and also exposes American consumers to wilder swings in gas prices.
But the new greenhouse gas rules are expected to severely diminish the country’s dependence on foreign oil. Between cars and trucks, the rules would cut crude oil imports by 124 million barrels per year by 2030, and 1 billion barrels in 2050. For context, the United States imported about 2.2 billion barrels of crude oil in 2021.
This would also be a turning point for gas stations. Americans consumed about 135 billion gallons of gasoline in 2022. The rules would cut into gas sales by about 6.5 billion gallons by 2030, and by more than 50 billion gallons by 2050. Gas stations are going to have to adapt or fade away.

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Although it may seem like these new electric vehicles could tax our aging, stressed electricity grid, the EPA claims these rules won’t change the status quo very much. The agency estimates the rules would require a small, 0.4% increase in electricity generation to meet new EV demand by 2030 compared to business as usual, with generation needs increasing by 4% by 2050. “The expected increase in electric power demand attributable to vehicle electrification is not expected to adversely affect grid reliability,” the EPA wrote.
Still, that’s compared to the trajectory we’re already on. With or without these rules, we’ll need a lot of investment in new power generation and reliability improvements in the coming years to handle an electrifying economy. “Standards or no standards, we have to have grid operators preparing for EVs,” said Samantha Houston, a senior vehicles analyst at the Union of Concerned Scientists.
The reduction in greenhouse gas emissions from replacing gas cars will also far outweigh any emissions related to increased power demands. The EPA estimates that between now and 2055, the rules could drive up power plant pollution by 710 million metric tons, but will cut emissions from cars by 8 billion tons.
This article was last updated on April 13 at 12:37 PM ET.
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The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
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.