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The Federal Highway Administration believes it has found a workaround to a court-ordered stay of execution.
The Federal Highway Administration issued a letter to state Departments of Transportation on Thursday declaring that states were no longer authorized to spend billions of dollars previously approved for electric vehicle charging networks. The decree pertains to the National Electric Vehicle Infrastructure Program, or NEVI, a program created in 2021 under the Bipartisan Infrastructure Law, which allocated $5 billion to states to strategically build electric vehicle charging networks along major roads.
The program has been under threat since the day Donald Trump stepped into the White House. His executive order “Unleashing American Energy,” which ordered agencies to pause the disbursement of funds from the Bipartisan Infrastructure Law and the Inflation Reduction Act, specifically called out NEVI as a program to freeze. Twenty-two Democrat-controlled states quickly took legal action, and a U.S. District court issued a temporary restraining order requiring the Trump administration to keep congressionally-approved funds flowing, at least to those states.
In general, advocates believed the NEVI program was untouchable. The program’s “safeguards make it nearly impossible to claw back money already allocated, except in cases of misuse or noncompliance.” Beth Hammon, a senior advocate for EV infrastructure at the Natural Resources Defense Counsel wrote in a recent blog post.
But the Federal Highway Administration apparently thinks it has found a workaround.
Under NEVI, states are each allocated a certain amount of money every year for five years, and they have to submit an annual plan for how they intend to use the funds. Those plans must align with overall program guidance published by the secretary of transportation.
Now, the new leadership at the Department of Transportation has decided to rescind the previously issued guidance. That means the state plans that were previously approved are no longer valid, the letter says: “Therefore, effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved.”
Advocates for NEVI don’t believe this strategy will hold up in court. “This should be carefully scrutinized by states and the legal community,” Justin Balik, the senior state program director for Evergreen Action told me, “as it looks like an attempt to sabotage the program based on ideology that’s dressed up in bureaucratic language about plan and guidance revisions.” Balik said NEVI was “one of the most important resources states have been given by the feds to fight climate change.”
Several Democratic governors put out infuriated statements about the DOT’s decision. “Fresh off their ludicrous attempt to tie highway funding to birthrates, the Trump administration is attacking the freedom to move, including the freedom to drive, and putting their own agendas above what Americans and the market are demanding,” Jared Polis, the governor of Colorado, said.
Wisconsin Governor Tony Evers had more strong words. “Just a week after I joined Kwik Trip to launch Wisconsin’s first federally funded EV charging stations, Sean Duffy and the Trump Administration want to yank tens of millions of investments to help build infrastructure for the 21st Century across Wisconsin,” he said.
An important thing to understand about NEVI is that after a state has its annual plan approved, it is legally entitled to that year’s allocation of funding. That doesn’t mean said funding immediately gets transferred into the state’s coffers, however. States have to continually request reimbursement from the federal DOT as they implement their programs. So, for example, if a state puts out a request for proposals for NEVI projects, it can then invoice the federal government for the related administrative costs. Once the state awards grants to specific projects, those projects have to reach certain benchmarks before they get any money. If the first benchmark is getting permits, for example, then once a project is permitted, its developer can invoice the state government for the associated costs, and then the state government can file with the federal government for reimbursement.
According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects — with 10% of those projects being led by Tesla.
The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, “in order to not disrupt current financial commitments.” But the more than $2.6 billion that has not been awarded will be frozen.
“This has been a learning curve for state DOTs and we’re just beginning to hit our stride in a lot of ways,” said Balik. “Exactly the worst time to cut this off at its knees.”
Prior to the memo issued Thursday, states had been divided over how to respond to the chaos of executive orders and court orders. At least six states — Alabama, Ohio, Nebraska, Rhode Island, Missouri, and Oklahoma — had already suspended their programs indefinitely.
“We are still working with FHWA to understand specific impacts to NEVI funding,” a spokesperson for the Ohio DOT told me on Thursday prior to the federal letter being released. Ohio had been an unexpected early leader for the NEVI program. It was the first state in the country to bring a NEVI-funded charging station online, in October 2023. It has since opened 18 additional stations, more than any other state, and has selected awardees to build 24 more. Missouri, by contrast, had been lagging behind. The state had not yet issued a single request for proposals.
But at least until Thursday evening, other states, such as Oregon and California, were advancing their programs. The Oregon DOT posted an informational notice about federal grants on its website earlier this week saying that NEVI funding was not frozen. A spokesperson for the California DOT told me on Thursday afternoon that, “For now, federal courts have prohibited federal agencies from pausing or terminating payment of federal financial assistance funds,” and that “Caltrans’ services remain fully operational.” When I followed up asking if these comments took into account the new letter issued Thursday, the agency said it would need to get back to me on Friday.
The decision to rescind the guidance and invalidate state plans is sure to face court challenges. The Federal Highway Administration, for its part, said it plans to issue new draft guidance for NEVI in the spring, which will then be subject to public comment before being finalized — so the agency doesn’t seem to be trying to throw the program out altogether.
Editor’s note: This story has been updated to include statements from the governors of Wisconsin and Colorado.
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While they’re getting more accurate all the time, they still rely on data from traditional models — and possibly always will.
The National Oceanic and Atmospheric Administration has had a bruising few weeks. Deep staffing cuts at the hands of Elon Musk’s efficiency crusaders have led to concerns regarding the potential closure of facilities critical to data-gathering and weather-forecasting operations. Meteorologists have warned that this could put lives at risk, while industries that rely on trustworthy, publicly available weather data — from insurance to fishing, shipping, and agriculture — are bracing for impact. While reliable numbers are difficult to come by, the agency appears to have lost on the order of 7% to 10% of its workforce, or more than 1,000 employees. NOAA’s former deputy director, Andrew Rosenberg, wrote that Musk plans to lay off 50% of the agency, while slashing its budget by 30%.
Will that actually happen? Who the heck knows. But what we can look at are the small cracks that are already emerging, and who could step in to fill that void.
One thing that’s certain is that the National Weather Service, a division of NOAA, announced last week that it is suspending operations at a weather balloon launch site in Alaska, due to staffing shortages. The data gathered at this remote outpost helped inform the agency’s weather forecasts, which are relied upon by hundreds of millions of people, as well as many of the world’s largest companies and public agencies.
Perhaps to Musk’s department, this looks like a prime opportunity for the private sector to step up and demonstrate some nimble data gathering prowess — and indeed a startup that I’ve covered before, WindBorne, has already offered its services. The company, which makes advanced weather balloons, has offered to provide NOAA with data from its own Alaska launches for six months, at no cost. WindBorne is also one of a number of private companies creating AI-based weather models that have outperformed NOAA’s traditional, physics-based models on key metrics such as temperature, wind speed and direction, precipitation, humidity, and pressure.
All this raises the question, though, of what kind of role the private sector could and should play in the weather forecasting space overall. If the architects of Project 2025 have their way, NOAA would be “broken up and downsized,” and its National Weather Service division would “fully commercialize its forecasting operations.” If the Trump administration achieves these goals, “the Weather Service would cease to function in a way that it could meet its mandate to protect American life and property,” Daniel Swain, a climate scientist at University of California Agriculture and Natural Resources, told me.
But given that heavyweights like Google, Huawei, and Nvidia are already in the AI-based weather prediction game, along with startups such as WindBorne and Brightband, which is making weather predictions tailored to the needs of specific industries such as insurance, agriculture, or transportation, it wasn’t clear to me whether, if NOAA were to crumble, the accuracy of weather forecasts necessarily would, too. I thought that perhaps Musk, the White House’s most notorious AI enthusiast, might be thinking the same thing. So I asked around.
“There’s actually a very good argument that I think would be very uncontroversial to expand the role of the private sector, even to offload certain parts of the workflow to the private sector,” Swain told me, with regards to NOAA and its adoption — or lack thereof — of AI-based weather forecasting. But what nobody wanted was to get rid of free, publicly available government forecasts completely.
“I don’t want to have to figure out what company to trust. I just want to be able to go and open the National Weather Service and know what’s going on,” John Dean, the CEO and co-founder of WindBorne, told me.
Julian Green, the CEO and co-founder of Brightband, agreed. “The government doesn’t just forecast the weather, but it gives people alerts. And there’s regulation around whether [it tells you that] you should evacuate, or shut your factory down, or so on.” It’s not hard to imagine the ethical quandaries that could arise from a private company with a profit motive deciding who can access potentially life-saving forecasts, and for how much.
WindBorne’s and Brightband’s AI models, as well as those from tech giants such as Google, are significantly less computationally intensive to operate than those from NOAA or the other leading weather forecasting agency, the European Center for Medium-Range Weather Forecasts. These traditional models rely on supercomputers crunching complicated atmospheric equations based on the laws of physics to make their predictions.
But this doesn’t mean the physics-based models are getting replaced by AI now, or potentially ever. Government data and traditional forecasts still make up the backbone of advanced AIs, which are trained on decades of data largely gathered by NOAA satellites, weather balloons, and radar systems, and then interpreted through the lens of standard physics-based models. After training is complete, the AI models can predict what weather patterns will develop, much like ChatGPT predicts the next word in a sequence, but only after being fed a snapshot of initial weather conditions — also pulled from traditional physics-based models.
Essentially, these AI forecasts are built on the backs of the giants, and while their outcomes are hugely promising, they could not exist without that solid foundation. While one day, it might be possible to operate AI forecasting models without relying on traditional models, Dean and Green told me that physics-based models might always be critical for training the AI. So while their companies’ respective models have yielded impressive results, both Dean and Green nixed the idea that their companies could wholly replace the predictions made by the National Weather Service.
All of this is in flux of course, but as Green put it to me in an email, “a good mechanic doesn't throw away good older tools just because you get new tools.” Plus, as Dean explained, there are still conditions under which physics-based models tend to outperform AI, such as “really small-scale and high-res phenomena — let’s say convective events, let’s say severe thunderstorms in the Plains, or tornado formation.”
Even Project 2025’s authors point out that private industry forecasters rely on publicly available NOAA data, though it doesn’t make any reference to AI models or physics models. The document simply says that the agency “should focus on its data-gathering services” and the “efficient delivery of accurate, timely, and unbiased data to the public and to the private sector.”
There are also questions around whether AI models, trained on data from the past, will be able to predict the types of unusual and extreme weather events that are becoming more and more common in a warming world, Swain told me. “Does it fully capture those?” he asked. “There’s a lot of evidence that the answer is no.”
Lastly, NOAA’s weather model, the Global Forecast System, is simply measuring much more than the AI models do today. “It predicts so many different phenomena, like different types of snow, hail, mixing ratios, turbulence,” Dean said. “We’re building up over time to add more and more variables. But for both WindBorne and other models, it’s not the same currently as what GFS does.”
So while the Heritage Foundation might want to delegate all forecasting responsibilities to private companies, the vision I heard from the startups I talked to looked more like a mutually beneficial arrangement than the full commercialization of weather prediction, or even a clean division of labor. “It’s not privatized weather, it’s a public-private partnership,” Dean said of his ideal future, “where you get freely available forecasts from a public institution like NOAA, but they work with our industry to iterate faster and to drive more innovation.”
What everyone seems to want is simply for the government to forecast better, and today that means moving quickly to build AI-based models. NOAA has taken some steps forward, prototyping some models, bolstering its computing capabilities, and even recently partnering with Brightband to optimize its observational data to train AI models. But it remains behind other agencies in this regard. “The Chinese government and the European Center for Medium Range Weather Forecasts have done a far better job at adopting AI-based weather forecasts than NOAA has,” Dean told me. “So something does need to change at NOAA to get them to move faster.”
Indiscriminately laying off hundreds of the agency’s employees may not be the best place to start. But if there’s anything we know Musk loves, it’s AI and private sector ingenuity. So maybe, just maybe, this administration will be able to forge the kind of partnerships that can supercharge federal forecasting, while keeping NOAA’s weather predictions free and open for all. Or maybe we’ll all just be paying the big bucks to figure out when a hurricane is going to hit.
On energy transition funds, disappearing butterflies, and Tesla’s stock slump
Current conditions: Australians have been told to prepare for the worst ahead of Cyclone Alfred, and 100,000 people are already without power • Argentina’s Buenos Aires province has been hit by deadly flooding • Critical fire conditions will persist across much of west Texas through Saturday.
Many foreign aid programs have reportedly received a questionnaire from the Trump administration that they must complete as part of a review, presumably to help the government decide whether or not the groups should receive any more federal funds. One of the questions on the list, according toThe New York Times, is: “Can you confirm this is not a climate or ‘environmental justice’ project or include such elements?” Another asks if the project will “directly impact efforts to strengthen U.S. supply chains or secure rare earth minerals?” President Trump issued an executive order freezing foreign aid on his first day back in office. The Supreme Court subsequently ruled that aid must be released. The Times notes that “many of the projects under scrutiny have already fired their staff and closed their doors, because they have received no federal funds since the review process ostensibly began. … Within some organizations, there are no staff members left to complete the survey.”
The United States has withdrawn from a global financing program aimed at helping poorer nations ditch fossil fuels and shift to clean energy. A spokesperson from the Treasury Department said the Just Energy Transition Partnership does not align with President Trump’s vision of American economic and environmental values. The program was launched in 2021 and has 10 donor nations, including many European countries. Its first beneficiaries were Indonesia, Senegal, South Africa, and Vietnam. The U.S. had committed more than $3 billion to Indonesia and Vietnam and nearly $2 billion to South Africa under the initiative. “The U.S. withdrawal is regrettable,” said Rachel Kyte, the U.K.’s climate envoy. “The rest of the world moves on.” In January, the Trump administration canceled $4 billion in pledges to the Green Climate Fund. “We have to plan for a world where the U.S. is not transfusing funds into the green transition,” Kyte added.
Butterfly populations in the U.S. are rapidly declining due to a combination of climate change, habitat loss, and pesticide exposure, according to a “catastrophic and saddening” new study published in the journal Science. “Butterflies are vanishing from the face of the earth,” one of the study’s co-authors told The Washington Post. The research analyzed data from 77,000 butterfly surveys and found that butterfly numbers have fallen by 22% in just 20 years across the entire country. Of the 342 butterfly species that could be analyzed for trends, 107 plummeted by more than 50% and 22 by more than 90%. Just nine species saw their numbers rise. The researchers say these numbers are likely an underestimate.
The findings underscore the crisis facing all the small, underappreciated insects that pollinate flowers and crops, control pests, maintain soil health, and play a vital role in the food chain. According to the World Wildlife Fund, up to 40% of the world’s insect species may disappear by the end of the century. The study’s lead author, ecologist Collin Edwards, said there is some hope. “Butterflies have fast life cycles,” he said. “At least one generation per year, often two or three. And each of those generations lays a ton of eggs. This means that if we make the world a more hospitable place for butterflies, butterfly species have the capacity to respond very quickly and take advantage of all our efforts.”
The Government Accountability Office yesterday said that Congress can’t review (or repeal) the Environmental Protection Agency’s waiver that lets California set its own vehicle emissions standards. The decision derails plans being spearheaded by Republicans and EPA Administrator Lee Zeldin to use the congressional review process to overturn the waiver. California’s aggressive emissions standards, which have been adopted by many other states, would effectively end the sale of fully gas-powered cars by 2035. Republicans are mulling their next move.
Tesla’s stock price has been taking a beating as resentment grows around CEO Elon Musk’s political meddling. The company’s valuation soared from around $800 billion to $1.5 trillion in December, when it became clear Musk would become the president-elect’s right hand man. Since that moment, the company’s value has fallen by more than $600 million, effectively erasing the bump in Tesla’s market cap. Shares fell by 5.6% yesterday alone, and sales are cratering abroad and in key U.S. markets like California.
As Andrew Moseman explains for Heatmap, a big drop in sales could be a double-whammy for Tesla revenue. “Recall that the company’s most reliable revenue stream is not really its sales of electric cars, but rather the carbon credits generated by those EVs under California’s auto emissions regulatory scheme, which it can sell to other automakers who’ve yet to meet their emissions targets,” Moseman says. “Tesla’s tumbling sales in the wake of Musk’s antics could reduce the amount of credits it could sell to others, since the credits are tied to sales of low-emissions vehicles.” There was more bad news for Musk today: A SpaceX Starship rocket exploded during a test flight, sending flaming debris flying across a large area and disrupting air traffic in Florida.
A new report shows that a year after London expanded its low-emissions zone, air quality in the city has improved, with nitrogen dioxide levels across 2024 down significantly:
State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.
Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.
Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.
When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”
Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.
But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.
Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.
The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”
Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.
“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”
The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.
I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened torelease in January touting the benefits solar can provide to the state’s revenue base.
ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.
“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.
It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.
But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.