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The gas tax pays for America’s road repair. So what do we do when everyone drives EVs?

Electric cars may help the United States fix its carbon problem, but they’re about to break the way America pays for its roads.
Every gallon of gas Americans buy is taxed to pay for highway improvements and other infrastructure projects. The federal government takes about 18 cents per gallon of gas (and 24 cents for diesel), while the states, on average, charge even more.
EVs escape this tax. As the Biden Administration pushes for the majority of American cars to go electric within a decade, the nation needs a new way to fund road repairs. That is why all of us, whether we drive gasoline, hybrid, or electric, soon could be taxed on the number of miles we drive.
A vehicle miles traveled (VMT) tax has become a hot idea for replacing the gas tax in the age of electric vehicles. Federal laws — including the Surface Transportation System Funding Alternatives (STSFA) program and the 2021 Infrastructure Investment and Jobs Act (as known as the Bipartisan Infrastructure Bill) — have even included money for states to run VMT pilot programs.
Economists and policymakers love VMT for a variety of reasons. Most importantly, says Adam Hoffer, director of excise tax policy at the nonprofit Tax Foundation, this approach creates a “universal toll road” where people who use the roads the most also pay the most for their upkeep.
“Gas taxes have worked really well as the best proxy for this for almost a hundred years now,” Hoffer told me. “What we're seeing is that with electric vehicles growing in market share, we need a new tool. Vehicle miles traveled taxes seem to fit that bill really well.”
Clifford Winston, a senior fellow in economic studies at the Brookings Institution, says another key advantage is that a VMT is customizable. “It has economically desirable features that go beyond generating the revenue that would be lost as the vehicle fleet turns over from internal combustion engines to EVs,” he says.
The tax could simply charge every vehicle the same number of cents per mile. On the other hand, the government could also adjust the cost up or down to incentivize good behaviors. For example, it could charge people less per mile if they drive EVs (and more if they stick with a gas-guzzler). It could put in congestion surcharges to tempt people to avoid rush hour, or charge trucking companies based on how much weight they’re hauling down the highway.
Winston’s version of VMT is an economist’s dream where price drives every choice. He compares it to the experience of calling an Uber or Lyft, where users are presented with several options at different price points. Now, he says, imagine the same scenario when you slide into your own car and enter a destination. The vehicle’s display could show you several routes with not only different driving times, but also different charges based on distance, congestion fees, or other factors.
There are downsides to this plan, of course, and not just that people may hate its complexity. Lots of folks have no choice but to drive during rush hour, and many can’t afford to replace an older car to take advantage of lower taxes on a new EV.
Privacy is the big one, Hoffer says. If drivers are charged a flat fee per mile, they would need to report their odometer reading to the taxman. A dynamic pricing scheme could be even more intrusive, requiring a way to track us everywhere, all the time.
The simplest way to confront this issue, Winston says, is to set up a third party so the government doesn’t have all this tracking data at its fingerprints. “A private company collects all this [information], sends it to the vehicle owner monthly, and says, here's your bill. Pay it,” he says. According to Hoffer, drivers already hand over this data when they sign up for car insurance programs like Progressive’s “Snapshot” that charge people based on how they drive. However, he says, privacy law around these issues is far from clear.
“There have been court cases before where lawyers have used real-time tracking data from these kinds of apps in lawsuits against people,” he says. “I think there are real questions about whether this data could be accessible via a warrant.”
There are less intrusive ways to replace the gas tax. Some states have begun to charge higher annual registration fees for electric cars to make up for the fact that they don’t burn gasoline. But a flat fee is a blunt instrument that can’t account for how far people drive. It also discourages EV sales.
An obvious replacement for taxing gas by the gallon would be to tax electricity by the kilowatt-hour. But you can’t really replicate the old system. While it may sound simple to tax fast-charging stations, lots of EV drivers do most of their charging at home. The electricity specifically used to charge a car is mixed in with the juice they use to run the dishwasher or the AC, making it hard to differentiate (not to mention that residential electricity is already taxed).
VMT may be the most logical solution to the gas tax problem, Hoffer says, but there are still plenty of bugs to work out. States currently running pilot programs, led by California and Oregon, are experimenting with how to practically implement the fee and how much it should be. It’s possible, Hoffer says, that a VMT will exist alongside the gasoline tax, at least while the U.S. car fleet goes through its transformation from gas to electric.
“I don’t see rapid adoption nationwide of a vehicle mile travel system — but I do think it is on the inevitable side of things,” he says.
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But this might all be moot thanks to the “major questions doctrine.”
Could President Trump’s expansive interpretation of the International Emergency Economic Powers Act empower a future president to, gasp, tariff carbon intensive goods?
That’s the terrifying prospect Justice Neil Gorsuch, a staunch conservative who often votes in line with Trump and his administration’s positions, raised to Solicitor General D. John Sauer in Wednesday’s oral arguments in the federal court case seeking to throw out Trump’s tariffs.
In a series of questions designed to draw out what limits Sauer thought existed on executive power, Gorsuch asked, “Could the president impose a 50% tariff on gas-powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?” (This echoed the language of the statute the Solicitor General cited to justify the tariffs.)
“It’s very likely that could be done,” Sauer conceded.
“I think that would have to be the logic of your view,” Gorsuch replied.
“Obviously this administration would say that’s a hoax, this is not a real crisis,” Sauer said.
“I’m sure you would,” Gorsuch said to chuckles.
“But that would be a question for Congress, under our interpretation, not the courts,” Sauer said.
Gorsuch’s questioning touched on the “major questions doctrine,” first propounded in the court’s 2022 opinion in West Virginia v. Environmental Protection Agency. In that case, which resulted in the court striking down the Obama-era Clean Power Plan power plant regulations, the conservative majority argued that “given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims,” which it claimed the rules lacked.
In a note to clients following the emissions rules case, the white shoe law firm Davis Polk wrote that the majority opinion “does not provide guidance for applying the major questions doctrine in future cases,” but noted that a concurrence authored by Justice Gorsuch “attempted to provide such guidance for future cases.” In said concurrence, Gorsuch wrote that the major questions doctrine could be invoked when the executive branch is dealing with a question of “great political significance” or “a significant portion of the American economy.”
Hmm!
Some progressives flagged this aspect of the tariffs case as it worked its way through the courts, pointing out that it could call into question powers that future presidents may want to use to implement expansive industrial policy, including climate policy. Some of the broader legal arguments against the tariffs, Todd Tucker of the progressive Roosevelt Institute wrote in a brief, “tilt the scales overwhelmingly against progressive priorities.”
“Limits on Trump today will bind future presidents tomorrow. This could include centrists, progressives, MAGA types, or traditional conservatives, who will need or want robust executive tools to address ruinous competitiveness or climate emergencies.”
But in pursuit of their clients’ interests, advocates for striking down the tariffs were more than happy to pick up the thread dropped by Gorsuch to make libertarian-leaning arguments about presidential powers.
“It is simply implausible that in enacting” the International Emergency Economic Powers Act, the law Trump has used to justify his retributive import taxes, “Congress handed the president the power to overhaul the entire tariff system and the American economy in the process, allowing him to set and reset tariffs or any and every product from any and every country at any and all times,” Neal Katyal, the lawyer arguing on behalf of a beer and wine distributor and a longtime figure in Democratic legal circles, said in his oral argument.
Perhaps seeking to appeal to the Republican majority on the court, Katyal returned to Justice Gorsuch’s climate change example, arguing that “if the government wins, another president could declare a ’climate emergency’ and impose huge tariffs without floors or ceilings, as Justice Gorsuch said.”
“My friend’s answer,” Katyal said, referring to Sauer, “is, ‘This administration would declare it a hoax.’ The next president may not quite say that.”
Many legal experts thought that the administration got the worse of the oral arguments and questioning of the attorneys, with conservative Justices Gorsuch and Amy Coney Barrett and Chief Justice John Roberts all asking skeptical questions of Sauer, while Justices Clarence Thomas and Samuel Alito repeatedly threw the White House argumentative lifelines, including, in Alito’s case, suggesting other laws that could justify the tariffs.
Alito even gently mocked Katyal, a Democrat who served as acting solicitor general in the Obama administration, for blatantly using conservative-tinged legal arguments about the scope of executive authority over the economy.
“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the non-delegation argument,” referring to the idea that certain powers are too much akin to lawmaking to delegate to the executive branch, which in theory could vastly restrict the authority of regulators.
But Katyal resisted the implied contradiction and persisted in targeting the right wing of an already conservative Supreme Court.
“Heck yes,” Katyal said. “I think Justice Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended — unlike anything we’ve ever seen.”
On Massachusetts’ offshore headwinds, Biden’s gas rules, and Australia’s free power
Current conditions: The Pacific Northwest is getting blasted with winds of up to 70 miles per hour • Heavy snow is coming this week for the higher elevations in New England and upstate New York • San Cristóbal de La Laguna in the Canary Islands saw temperatures surge to 95 degrees Fahrenheit.

Democratic candidates swept to victory in key races with implications for climate change on Tuesday night. In Virginia, Democrat Abigail Spanberger — who vowed to push forward with offshore wind, new nuclear reactors, and fusion energy — seized the governor’s mansion in the first major race to be called after polls closed. In New Jersey, Democrat Mikie Sherrill, who campaigned on building new nuclear plants and pressing the state’s grid operator, PJM Interconnection, to cut electricity prices, trounced her Republican opponent. In New York City, Democrat Zohran Mamdani, who said little about energy during his campaign but came out in the last debate in favor of nuclear power, easily beat back his two rivals for Gracie Mansion. Yet the Georgia Public Service Commission's incumbent Republican Tim Echols lost his race against Democrat Alicia Johnson, a defeat for a conservative who championed construction of the only two nuclear reactors built from scratch in modern U.S. history. In what one expert called a sign of a “seismic shift” on the commission, Peter Hubbard, another Democrat running to flip a seat on the commission, also won.
At a moment when the Trump administration is “disassembling climate policy across the federal government,” Heatmap’s Emily Pontecorvo wrote, “state elections are arguably more important to climate action than ever.”
A federal judge in Washington ruled Tuesday that the Trump administration can reconsider the Biden-era approval of SouthCoast Wind off the coast of Nantucket, Massachusetts. The decision, reported in The New York Times, is a setback for the joint venture between EDP Renewables and Engie, and handed the White House a victory in what we’ve called here the administration’s “total war on wind.” Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia ruled that the project developers would not “suffer immediate and significant hardship” if the Department of the Interior’s Bureau of Ocean Energy Management were allowed to reevaluate the project’s construction and operation permits.
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Meanwhile, the U.S. Court of Appeals for the D.C. Circuit upheld Biden-era Department of Energy efficiency rules for gas-fired residential furnaces and commercial water heaters in a ruling that rejected the gas industry’s challenge on Tuesday. “Overall, we find that DOE’s economic justification analysis and conclusions were robust,” the panel ruled, according to Bloomberg Law. The decision will maintain the status quo of how the agency enforces energy efficiency rules for the appliances. Under standards updated in 2021 and 2023, the Biden-era bureaucrats proposed raising efficiency levels to 95% for furnaces and using condensing model designs to heat water.
White House budget officials pressed the Environmental Protection Agency to expand its rollback of tailpipe regulations this summer as the agency sought to repeal the foundational policy that undergirds federal climate rules, E&E News reported. Documents the green newswire service obtained showed the White House Office of Management and Budget pushed the environmental regulator to weaken limits on vehicular pollution, including soot and smog-forming compounds in addition to planet-heating carbon. The EPA initially pushed back, but the documents revealed the staffers at OMB demanded the agency pursue a more aggressive rollback.
Australia launched a new plan to force energy companies to offer free electricity to households during the day to use excess solar power and push the grid away from coal and gas. The policy, called the “Solar Sharer” plan, aims to take advantage of the country’s vast rooftop solar panels. More than 4 million of Australia’s 10.9 million households have panels, and the capacity has overtaken the nation’s remaining coal-fired power stations. The proposal, the Financial Times reported, would also extend the benefits of distributed solar resources to the country’s renters and apartment dwellers.
For years, nuclear scientists have dreamed of harnessing atomic energy from thorium, potentially shrinking radioactive waste and reducing the risk of weapons proliferation compared to uranium. In the West, that has remained largely a dream. In China, however, researchers are vaulting ahead. This week, Chinese scientists announced a major breakthrough in converting thorium to uranium in a reactor. “This marks the first time international experimental data has been obtained after thorium was introduced into a molten salt reactor, making it the only operational molten salt reactor in the world to have successfully incorporated thorium fuel,” Shanghai Institute of Applied Physics of the Chinese Academy of Sciences said in a statement.
Rob and Jesse touch base with WeaveGrid CEO Apoorv Bhargava.
Data centers aren’t the only driver of rising power use. The inexorable shift to electric vehicles — which has been slowed, but not stopped, by Donald Trump’s policies — is also pushing up electricity use across the country. That puts a strain on the grid — but EVs could also be a strength.
On this week’s episode of Shift Key, Rob and Jesse talk to Apoorv Bhargava, the CEO and cofounder of WeaveGrid, a startup that helps people charge their vehicles in a way that’s better and cleaner for the grid. They chat about why EV charging remains way too complicated, why it should be more like paying a cellphone bill than filling up at a gas station, and how the AI boom has already changed the utility sector.
Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap, and Jesse Jenkins, a professor of energy systems engineering at Princeton University.
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Here is an excerpt from our conversation:
Robinson Meyer: In your experience, are consumers willing to make this deal, where they get some money off on their power bill in order to change how their car works? Because it does seem to include a mindset change for people, where they’re going from thinking of their car as a machine — I mean, this is part of the broader transition to EVs. But there’s an even further mindset shift that seems to me like it would be required here, where you go from thinking about your car as a machine that you wholly own — that enables your freedom, that is ready to drive a certain amount of miles at any time — to a machine that enables you to have transportation services but also is one instantiation of the great big cloud of services and digital technologies and commodity energy products that surround us at any time.
Apoorv Bhargava: Yeah, I mean, look, I think we have seen faster adoption rates than any other consumer-side resource participating in energy has. So I feel very good about that. But ultimately, I think of this as a transition to the normal experience for folks who are going through what is a new experience altogether.
Again, similar to my cell phone plan, if this was just offered to me as a standard offering — you buy an EV, your utility offers you a plan, it’s called the EV plan — in the same way that we have EV time-of-use rates, quote-unquote. If you’re just offered an EV plan where it’s exactly the same thing — I’m going to make sure you’re fully charged every night in the way you want it to be charged, with the cleanest, cheapest, most reliable charging possible, and it’s just being taken care of.
I think what’s so hard for most folks to grok, is that the way this experience works is it’s supposed to be completely frictionless, right? You’re really supposed to not think about it. It’s actually only in the few moments where you need to change your 99% behavior to the 1% behavior — where you’re like, Oh, I need to go to the airport, or, Oh, I need to go on a road trip. That’s where you need to think about it. It’s flipped from thermostat management programs where you actually need to think about it actively in the moments where the grid is really strained.
Where we’ve overinvested, in my view —and this is a controversial view — we’ve overinvested in trying to make EVs be like gas stations or like the gas station model. We keep talking about it all the time. We’ve over-talked about range anxiety. The fact of the matter is 80% of charging still happens at home. Even in the long run, 30% of charging will happen in the workplace. 50- plus-percent will happen at home. It’s very little charging that’s gonna happen on fast charging. But we’ve talked so much, ad nauseam, about fast charging that we’ve actually forgotten that underpinning the iceberg of the electrification cost is the grid itself. And never before has the grid been so strained.
Mentioned:
Rob on how electricity got so expensive
Utility of the Future: An MIT Energy Initiative response to an industry in transition, December 2016
Previously on Shift Key: Utility Regulation Really Sucks
Jesse’s downshift; Rob’s upshift.
This episode of Shift Key is sponsored by …
Hydrostor is building the future of energy with Advanced Compressed Air Energy Storage. Delivering clean, reliable power with 500-megawatt facilities sited on 100 acres, Hydrostor’s energy storage projects are transforming the grid and creating thousands of American jobs. Learn more at hydrostor.ca.
Uplight is a clean energy technology company that helps energy providers unlock grid capacity by activating energy customers and their connected devices to generate, shift, and save energy. The Uplight Demand Stack — which integrates energy efficiency, electrification, rates, and flexibility programs — improves grid resilience, reduces costs, and accelerates decarbonization for energy providers and their customers. Learn more at uplight.com/heatmap.
Music for Shift Key is by Adam Kromelow.