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New guidance on the Inflation Reduction Act’s “foreign entities of concern” provision didn’t do much to clarify things.
If you’re in the market for a new car and considering cashing in on the $7,500 federal tax credit for an electric vehicle, I have good news. Also bad news.
The good news is, starting January 1, the credit will be a lot easier to claim. You won’t need to meet a certain level of tax liability to qualify or wait for your tax refund. You can transfer the credit to the dealership and take $7,500 off the sticker price right then and there.
The bad news is that suddenly, nobody knows which — if any — EVs will qualify. On Friday, the Biden administration proposed additional guidelines limiting where the components in eligible EVs are allowed to come from. Those guidelines won’t be finalized until early next year. But all signs indicate that the list of qualifying vehicles is set to shrink.
These changes aren’t coming out of nowhere — they’re part of the way the EV tax credit in the Inflation Reduction Act was designed. Over time, the law phases in additional rules that ask more of automakers in terms of onshoring their production and supply chains and minimizing their reliance on China. Beginning in 2024, if a vehicle contains any battery components that were manufactured or assembled by what’s known as a “foreign entity of concern,” it will no longer meet the requirements for the tax credit. Beginning in 2025, the same rule applies to vehicles containing critical minerals that were extracted or processed by a foreign entity of concern.
What, exactly, is a foreign entity of concern? Under U.S. law, the term applies to a company that is “owned by, controlled by, or subject to the jurisdiction or direction of” North Korea, Russia, Iran, or, yes, China. But what constitutes ownership or control is somewhat fuzzy.
“The implications are enormous because right now, it seems as if every battery that's going into an electric vehicle has some material ties to China,” Jay Turner, a professor of environmental studies at Wellesley College and author of a book on the history of batteries, told me.
In the proposal published Friday, the Biden administration recommended three criteria for interpreting the rule that it hopes will further strengthen American manufacturing of EV components and help diversify supply chains:
1. If the company producing the battery component or mineral is headquartered or incorporated in China, or if the relevant production activities occur in China, the vehicle will not qualify for an IRA tax credit.
2. If China has a 25% or more voting interest, board control, or equity interest in the company producing the component or mineral, the vehicle will not qualify.
3. If a company licenses or contracts with a Chinese firm, and the license entitles the Chinese firm to “exercise effective control” over production, the vehicle will not qualify.
This is a strict interpretation that’s likely to knock some vehicles off the eligibility list. But in a series of meetings with reporters on Wednesday, officials from the Department of the Treasury and Department of Energy said they didn’t know which or how many vehicles would be affected. “Part of the goal here is to put out this rule, and then the auto companies are going to come back to us,” said Wally Adeyomo, Deputy Secretary of the Treasury. “And then we will know which cars qualify.”
Automakers and EV experts have been anxiously awaiting guidance on the IRA’s foreign entities of concern provision. Adeyomo stressed that companies have been aware that these new rules would be coming ever since the law passed and have been making investments to ensure “that their cars would be able to qualify for this over the long term.”
Though it’s hard to fact check that claim, according to an EV supply chain database maintained by Turner and his students, at least 19 battery component factories have been announced in the U.S. and Canada since the passage of the IRA; none are yet operating, but automakers also have the option to buy components from U.S. trade partners. A report on the EV supply chain published by the International Energy Agency in 2022 notes that while China dominates cell component production, controlling 70% of capacity for cathodes and 85% of anodes, Japan and South Korea also had “considerable shares of the supply chain.”
Turner said it was conceivable that there will be models that qualify for the first phase of the rule beginning in January, which only applies to these battery components, but he was skeptical automakers would be able to continue qualifying in 2025, when the limits on critical minerals go into effect. “The further you get up the supply chain, the greater the exposure is to China,” he said. “It's not because China's got all of the critical minerals. It's that China has the processing facilities to turn those minerals into highly refined materials that are needed for the batteries.”
John Podesta, senior advisor to the president on clean energy innovation, said that Biden is “rewriting that story.” Officials pointed to a recent report from the Lawrence Berkeley National Laboratory, which found that the Salton Sea region in California has enough mineable lithium to support more than 375 million batteries for EVs. Turner’s database shows at least a dozen projects planned, rumored, or under construction to process minerals including lithium, cobalt, and graphite.
The guidance also raises questions about a $3.5 billion factory that Ford is building in Michigan to bring the production of safer, cheaper EV batteries to the U.S. The company is licensing technology from the Chinese company CATL, the world’s largest battery manufacturer, to produce batteries made of lithium, iron, and phosphate — which are more abundant than the cobalt and nickel used in the dominant batteries on the market. But the deal has come under scrutiny from House Republicans, who accuse CATL of having business ties to mining companies that use forced labor. Ford put construction on hold in September.
When asked about CATL, Deputy Secretary of Energy David Turk said the agency has not evaluated any individual company’s situation, but that they designed the licensing guidance to ”get at who has effective control in these kinds of situations.“
That could mean Ford is off the hook. Months ago, analysts told The Washington Post that the Chinese company will have little control over the Ford plant’s daily operations. “The way they structured this deal, they are keeping CATL at arm’s length as much as possible,” Sam Abuelsamid, head of e-mobility research at Guidehouse Insights, said.
The Biden administration is attempting to race forward on two sets of goals that are somewhat at odds with each other: speeding adoption of EVs while shifting their production away from China, thereby stimulating domestic industry and creating domestic jobs. When I spoke to Jane Nakano, a senior fellow at the Center for Strategic and International Studies, earlier this week, she said that if the Biden administration went with a strict 25% threshold for ownership, it could really accelerate automakers’ efforts to diversify sourcing away from China. “But that will take some time,” she added. “In the immediate future, many of the companies may simply try to compete without being able to access the consumer tax credit.”
Turner said that the question is not whether automakers can compete with low-cost EVs produced in China, but rather whether they can put out EVs that are cheaper than conventional cars on the market here.
“Once you get to the point that EVs are cheaper and we have a robust enough charging network that people aren't worried about running out of juice, I think that'll be the tipping point,” he said.
I should note that if you’re interested in this purely as a prospective consumer of an EV, the only thing you need to know is that your options to take advantage of the tax credit might be more limited come January. However, there is one weird trick to get around this and have a lot more options: Leasing. None of the rules around sourcing, assembly, or ownership apply to leased vehicles.
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SpaceX has also now been dragged into the fight.
The value of Tesla shares went into freefall Thursday as its chief executive Elon Musk and traded insults with President Donald Trump. The war of tweets (and Truths) began with Musk’s criticism of the budget reconciliation bill passed by the House of Representatives and has escalated to Musk accusing Trump of being “in the Epstein files,” a reference to the well-connected financier Jeffrey Epstein, who died in federal detention in 2019 while awaiting trial on sex trafficking charges.
The conflict had been escalating steadily in the week since Musk formally departed the Trump administration with what was essentially a goodbye party in the Oval Office, during which Musk was given a “key” to the White House.
Musk has since criticized the reconciliation bill for not cutting spending enough, and for slashing credits for electric vehicles and renewable energy while not touching subsidies for oil and gas. “Keep the EV/solar incentive cuts in the bill, even though no oil & gas subsidies are touched (very unfair!!), but ditch the MOUNTAIN of DISGUSTING PORK in the bill,” Musk wrote on X Thursday afternoon. He later posted a poll asking “Is it time to create a new political party in America that actually represents the 80% in the middle?”
Tesla shares were down around 5% early in the day but recovered somewhat by noon, only to nosedive again when Trump criticized Musk during a media availability. The shares had fallen a total of 14% from the previous day’s close by the end of trading on Thursday, evaporating some $150 billion worth of Tesla’s market capitalization.
As Musk has criticized Trump’s bill, Trump and his allies have accused him of being sore over the removal of tax credits for the purchase of electric vehicles. On Tuesday, Speaker of the House Mike Johnson described Musk’s criticism of the bill as “very disappointing,” and said the electric vehicle policies were “very important to him.”
“I know that has an effect on his business, and I lament that,” Johnson said.
Trump echoed that criticism Thursday afternoon on Truth Social, writing, “Elon was ‘wearing thin,’ I asked him to leave, I took away his EV Mandate that forced everyone to buy Electric Cars that nobody else wanted (that he knew for months I was going to do!), and he just went CRAZY!” He added, “The easiest way to save money in our Budget, Billions and Billions of Dollars, is to terminate Elon’s Governmental Subsidies and Contracts. I was always surprised that Biden didn’t do it!”
“In light of the President’s statement about cancellation of my government contracts, @SpaceX will begin decommissioning its Dragon spacecraft immediately,” Musk replied, referring to the vehicles NASA uses to ferry personnel and supplies to and from the International Space Station.
“You can’t just divest from the eco-right after the election,” contends Johannes Ackva of Founder Pledge.
Johannes Ackva likes a contrarian bet. Back in 2020, when he launched the climate program at Founders Pledge, a nonprofit that connects entrepreneurs to philanthropic causes, he sought out “surgical interventions” to support technologies that didn’t already enjoy the widespread popularity of wind turbines and solar panels, such as advanced nuclear reactors and direct air carbon capture.
By late 2023, however, the Biden administration’s legislative sweep was directing billions to the very range of technologies Ackva previously saw as neglected. So he turned his attention to shoring up those political wins.
The modern climate movement came into its own demanding that the world stop shrinking from inconvenient truths. But as polls increasingly showed the 2024 election trending toward Republicans, Ackva saw few funders propping up advocates with any influence over the GOP. Founders Pledge pumped millions into Deploy/US, a climate group where former Republican Representative Carlos Curbelo of Florida served as the top adviser, which then distributed the money to upward of 30 right-leaning climate groups, including the American Conservation Coalition and the Evangelical Environmental Network.
The bipartisan gamble paid off. In April 2024, Founders Pledge received an anonymous $40 million donation to bolster its efforts. Now an anonymous donor has granted Founders Pledge’s climate fund another $50 million, Heatmap has learned.
Founders Pledge declined to say whether the money came from the same unnamed source or separate donors. But the influx of funding has “radically transformed our ability to make large grants,” Ackva told me, noting that the budget before 2024 came out to about $10 million per year.
“The word exponential is overused,” he said. “But that’s roughly the trajectory.”
Amid the so-called green freeze that followed the Trump administration’s rollback of climate funding, Founders Pledge has joined other climate philanthropies in stepping in to back projects that have lost money. When Breakthrough Energy shuttered its climate program in March, Founders Pledge gave $3.5 million to serve as the primary funding for the launch of the Innovation Initiative, started by former staff from the Bill Gates-backed nonprofit.
Ackva said his organization is looking to invest in climate efforts across the political spectrum. But Founders Pledge’s focus on right-of-center groups wasn’t an election-year gimmick.
“You can’t just divest from the eco-right after the election,” he said. “That’s not an authentic way to build a civil society ecosystem.”
As Republicans in Congress proceed with their gutting of green funding, including through Trump’s One Big, Beautiful Bill Act, Ackva said it’s too soon to say whether the political strategy is paying off.
“If you think of grantmaking as making bets, some bets exceed others sooner, but that doesn’t make them bad bets,” Ackva told me. “Ultimately, philanthropy cannot define how a given policy goes. You can adjust the probabilities, maybe level the bets. But obviously it’s larger forces at play that shape how the One Big, Beautiful Bill gets made.”
The Senate may save or even expand parts of the IRA that support baseload power, e.g. nuclear and geothermal. But regardless, Ackva said, climate advocates are making a mistake training their focus so intently on the fate of this one law.
“It’s kind of the only thing that’s being discussed,” he said.
Meanwhile the Infrastructure Investment and Jobs Act, better known as the Bipartisan Infrastructure Law, is set for reauthorization next fall. The Energy Act of 2020 is slated for renewal this year. And funding for the Department of Energy is up for debate as the White House now pushes to expand the Loan Programs Office’s lending authority for nuclear projects by $750 million.
“Those are things we would see as at least as important as the Inflation Reduction Act,” Ackva said.
Given those deadlines, Ackva said he expected other donors to press advocates for plans last year on how to sway Republicans toward more ambitious bills this Congress. But after former Vice President Kamala Harris took over the Democratic ticket last year, he said he’d heard from his grantees “that they were asked what they were going to do with a Harris trifecta.”
“Everyone was betting on Harris to win,” he said. “There’s a very strong ideological lean among climate funders to a degree that was frankly a little bit shocking.”
The partisan divide over climate wasn’t always so pronounced. In 2008, the Republican presidential nominee, John McCain, ran on a more ambitious decarbonization platform than what President Barack Obama proposed in the White House.
There are dueling — though not mutually exclusive — narratives about how the American climate movement over-indexed on one side of the political spectrum. Both stories start in 2010.
The version liberals and leftists will find familiar is one that blames fossil fuel megadonors such as Charles and David Koch for aggressively promoting climate denial among Republican lawmakers.
The version told by Ted Nordhaus, the founder of the Breakthrough Institute think tank where Ackva got his start years before joining Founders Pledge, starts with the failure of the Obama-era cap-and-trade bill to pass through Congress.
When the legislation “went up in flames in 2010,” Nordhaus told me, a bunch of environmental philanthropies hired Harvard professor Theda Skocpol to author a 145-page report on what triggered the blaze.
“The report concluded that the problem is we were too focused on the technocratic, inside-the-Beltway stuff,” Nordhaus summarized. “We needed to build political power so the next time there’s an opportunity to do big climate policy, we would have the political power to put a price on carbon.”
Out of that finding came what Nordhaus called the “two-pronged, boots-on-the-ground” era of the movement, which backed college campus campaigns to divest from fossil fuels and also efforts to prevent new fossil fuel infrastructure such as the Keystone XL pipeline.
Reasonable people could debate the fiduciary merits of scrapping investments in natural gas companies or the value of blocking oil infrastructure whose cancellation spurred more shipments of crude on rail lines that face higher risk of a spill or explosion than pipelines. But once supporting fossil fuel divestment or opposing pipelines became the key litmus tests activists used to determine if a Democrat running for office took climate change seriously, the issue became more ideological.
“That made it impossible for any Democrat to become a moderate on climate, and made it impossible for any Republican to be a moderate on climate,” Nordhaus said. “The Republican Party has its own craziness and radicalism, but a bunch of that is negative polarization.”
To fund an effective “climate right,” Nordhaus said, Founders Pledge should seek out groups that don’t explicitly focus on the climate or environment at all.
“I’d be looking at which groups are all-in on U.S. natural gas, which has been the biggest driver of decarbonization in the U.S. over the last 15 years; which groups are all in and really doing work on nuclear; and which groups are doing work on permitting reform,” Nordhaus said. “That’s how you’re going to make progress with Republicans.”
I asked Ackva where the line would be for funding an eco right. Would Founders Pledge back groups that — like some green-leaning elements of Italian Prime Minister Giorgia Meloni’s party or allies of France’s Marine Le Pen — support draconian restrictions on immigration in the name of reducing national emissions from the increased population?
“That would not be appropriate,” Ackva told me. “When we say we’re funding the eco right, like when we’re funding groups on the left or in the center, the things they are proposing don’t need to be exactly the things we will be prioritizing, but they need to be plausible, high-impact solutions.”
To Emmet Penney, a senior fellow focused on energy at the right-leaning Foundation for American Innovation, it’s an obvious play. The green left that has long dominated climate policy debates “is premised on aggressive permitting and environmental law that makes it impossible to actually build anything useful toward addressing the things they’re most afraid of.”
“It’s become clear to anyone who wants to build anything that what the environmental left has to offer simply doesn't work,” he told me. “Naturally, more centrist organizations who might not even otherwise be slated as right-wing now look that way and are becoming increasingly attractive to people who are interested in building.”
On Senate committees, a public lands selloff, and energy investment
Current conditions: Southern New England will experience its hottest day of the year so far today, with temperatures around 90 degrees Fahrenheit • Record levels of Sargassum seaweed are overwhelming Caribbean resorts • Saharan dust has spread across most of Florida and will continue over the coastal Southeast through this weekend.
1. The Senate’s first pass at IRA repeal cuts huge climate programs ...
On Wednesday evening, Republicans on the Senate’s Environment and Public Works Committee released their section of President Trump’s “One Big, Beautiful” budget reconciliation bill. “At least so far, it’s hardly deviating from the stark cuts to the Inflation Reduction Act that have already passed the House,” my colleague Emily Pontecorvo wrote in her analysis of the contents — although there is one Environmental Protection Agency grant program, for reducing pollution at ports, that had been targeted in by the House bill and is absent from the Environment and Public Works Committee’s text. As in the House bill, the latest text eliminates the $27 billion Greenhouse Gas Reduction Fund, which the Trump administration has sought to kill with accusations of fraud, though it has yet to produce any evidence of impropriety.
Elsewhere in the Senate, however, some Republicans appear more friendly toward preserving at least some IRA tax credits. “I would be in the camp that doesn’t think we need [to do] a full repeal and instead can live with a circumscribed, narrower version of the existing IRA credits,” Senator Todd Young of Indiana, a member of the Finance Committee, said, as reported by Axios. Senator John Curtis of Utah published an op-ed in Deseret News on Wednesday in which he argued that “the right policy solution must navigate tax credits and regulatory reform in what I believe is central to America’s economic future, the planet and our national security: energy.”
2. … and a public lands sell-off is back on the table
Senate Republicans are reviving a plan to sell off public lands to fund President Trump’s tax cuts after their colleagues in the House thwarted a similar proposal, Senator Mike Lee of Utah told reporters on Wednesday. According to the senator, a new version of the plan will be included in the Committee on Energy and Natural Resources’s pass at the bill, which will likely be made public on Monday, Bloomberg reports.
Representative Ryan Zinke of Montana helped lead the charge to kill the earlier version of the proposal in the House, although Lee added that his version would exempt Montana. Still — as I’ve reported — the plan would jeopardize as much as 500,000 acres of public land across Utah and Nevada alone. “These are the places people recreate with their families, they are places to hunt and fish, and they are held in trust for the American people to enjoy for generations to come,” Travis Hammill, the D.C. director for the Southern Utah Wilderness Alliance, said in a statement.
3. 2025 will be a banner year for energy investment, despite economic turbulence: IEA
Despite tariffs, trade wars, and economic uncertainty, the International Energy Agency anticipates a record $3.3 trillion investment in global energy in 2025, per a new report released Thursday. That represents a 2% rise from 2024. “The fast-evolving economic and trade picture means that some investors are adopting a wait-and-see approach to new energy project approvals, but in most areas we have yet to see significant implications for existing projects,” IEA Executive Director Fatih Birol said in a statement about the findings.
Around $2.2 trillion of the total global investment is “going collectively to renewables, nuclear, grids, storage, low-emissions fuels, efficiency, and electrification, twice as much as the $1.1 trillion going to oil, natural gas, and coal,” the report says. Solar specifically is booming, with a forecast of $450 billion in investment by 2025. The overall picture represents an enormous reversal from a decade ago, when fossil fuel investments were 30% higher than electricity generation, grids, and storage. That said, the research also found that investment in grids — at around $400 billion per year — is “failing to keep pace with spending on generation and electrification,” mainly because of “lengthy permitting procedures and tight supply chains for transformers and cables.” Read the full report here.
4. UK solar is having a record year due to unusually sunny spring
Carbon BriefSolar farms in the United Kingdom generated more electricity than ever before in the first five months of the year, according to a newly released accounting by Carbon Brief. The surge in solar energy was 42% higher than over the same period last year, growing from 5.4 terawatt-hours of electricity generated to a record 7.6 terawatt-hours. Carbon Brief credited the record output to the nation’s sunniest spring on record, although the publication notes it was also “aided by rising capacity, which reached 20.2GW in 2024, up by 2.3GW from 17.9GW a year earlier.” You can read the full report here.
5. ‘Atmospheric thirst’ is making droughts more severe: study
While extreme heat almost always has a climate change signal, the same cannot be said for droughts, which have different causes and feedback mechanisms that researchers are still working to understand. A new study published Wednesday in Nature has found that atmospheric evaporative demand — that is, the complex process of water evaporation into the atmosphere, also called “atmospheric thirst” — has increased drought severity by an average of 40%. Over the five years from 2018 to 2022, areas in drought have expanded 74% on average compared to the 1981 to 2017 period, with atmospheric evaporative demand “contributing to 58% of this increase,” the report further found. “We were very much shocked when we saw the results,” Solomon Gebrechorkos, a hydroclimatologist at the University of Oxford and lead author of the study, told The New York Times.
“A large majority of new residential houses and buildings in Germany feature a heat pump as their main heating system,” according to government numbers reported by Clean Energy Wire. “The climate-friendly heating technology was installed in more than two-thirds (69.4%) of the 76,100 homes finished in 2024, a 5% increase compared to 2023.”