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California’s Clean Air Act waiver may not be long for this world.
Nobody quite knows where Donald Trump stands on electric vehicles these days. While he’s reportedly coming for the $7,500 consumer EV tax credit and previously characterized the switch to EVs as a “transition to hell,” once Elon Musk threw his support behind Trump, the once and future president’s rhetoric has softened. But if past is prologue, Trump’s policies could still hammer one of Tesla’s primary income sources: the emissions compliance credits the EV giant sells to other automakers.
That windfall comes from California’s Zero-Emission Vehicle Program, which sets ambitious ZEV production and sales mandates that other states can then voluntarily adopt. Automakers earn credits based on the number and type of ZEVs they produce; they can either put those credits toward meeting their annual targets under the law or, if they have an excess, sell them. Since Tesla is a pure-play EV company, it has always generated more credits than it needs, while most other automakers need to buy credits to meet their emissions targets. Last year, selling credits represented about 12% of Tesla’s net income, and so far this year, it comprises a whopping 43%.
Underpinning this whole regime is California’s Clean Air Act waiver, granted by the Environmental Protection Agency, which allows the state to set stricter vehicle emissions standards than those at the federal level due to the “compelling and extraordinary circumstances” it faces when it comes to air quality. During his first term, Trump sought to rescind portions of this waiver related to greenhouse gas emissions and the ZEV mandate, and his campaign stated that he will do so again. While the federal government’s comparably weaker emissions standards ensure that the credit market won’t disappear completely, eliminating the waiver would cause it — and Tesla — to take a major hit.
“Given that Tesla has no new major high-volume product that they’ve announced, not having access to these credits is only going to be harmful,” Corey Cantor, an EV analyst at BloombergNEF, told me.
Tesla understands this — or at least it used to. The company strongly opposed the first Trump administration’s efforts to decrease penalties for automakers that fell short of federal fuel economy standards. “Tesla was in there in all those lawsuits arguing that the Trump administration was wrong and the penalty should be increased,” Ann Carlson, a professor of environmental law at UCLA, told me. As she explained, this is “evidence of how important that market is to them.” The higher the emissions penalties, the more automakers will rely on credits to avoid them.
Right now, California’s emissions targets are quite ambitious, and they’re poised to get even more so over the next decade, which would cause the credit market to heat up, too. With the introduction of California’s Advanced Clean Cars II program, 35% of all 2026 models sold must be ZEVs. These new vehicles, which include passenger cars, trucks, and SUVs, will start hitting production lines next year. The targets ramp up quickly from there — 68% of 2030 models must be ZEVs, while a full 100% of 2035 models must be zero-emissions. Besides California, 11 other states, plus Washington D.C. have signed onto these regulations.
Under Trump, all of these goals are likely gone — though it’s probable that they wouldn’t have been met anyway. Based on total retail sales so far this year, no states are selling a large enough percent of EVs and hybrids to comply with California’s forthcoming standards — not even California itself, which CNBC reports is sitting at 27% EV and plug-in hybrid sales. Toyota came out and called these standards impossible to meet, but there’s no indication that California is backing down.
The first time a Trump administration rescinded the state’s waiver, a number of automakers, including BMW of North America, Ford, Honda, Volkswagen Group of America, and Volvo agreed to abide by California’s original standards anyway, in exchange for an extra year to meet emissions targets and increased flexibility overall. The waiver ordeal ultimately got tied up in courts, and California’s regulations ended up being inactive for just two-and-a-half years, until Biden reinstated the waiver in 2022. Litigation is still ongoing, however, with a suit from an Ohio-led coalition of red states expected to end up in the Supreme Court.
Carlson told me we should know whether the court decides to accept this case in the next few months. At the heart of the argument is a question about whether California’s “compelling and extraordinary circumstances” extend to limiting climate change-causing greenhouse gas emissions and not just smog-causing air pollutants such as nitrogen oxides or particulate matter.
“All states are affected by climate. [California]’s not unique in the way that it had unique air pollution problems,” Carlson told me, explaining the argument Trump and red state allies will likely make. “California is going to retort by saying, We have very compelling and extraordinary circumstances. We have drought, we have higher temperatures, our ozone pollution is going up. We have wildfires, we have water supply issues.”
While we know that the conservative Supreme Court is relatively hostile to aggressive greenhouse gas regulation, which side of the debate Tesla winds up on is anyone’s guess. Now that Musk is within Trump’s inner circle, he apparently has a number of personal business interests that he’d like to pursue. These include federal funding for SpaceX and Starlink, but perhaps most importantly regulations around Tesla’s autonomous driving system, which he views as the future of the company. Despite findings that these systems have caused hundreds of crashes and a number of fatalities, Musk said on an October earnings call that he is seeking a federal approvals process for autonomous vehicles. This could expedite the current system, which requires lengthy applications for every state.
Cantor thinks it’s possible that Musk might be making strategic decisions about what fights to pick. “I wonder if there’s been so much focus on the autonomous vehicle regulations at the national level that it’s like, EV stuff be damned, I don’t really care, as long as I get my national AV authorization.“
After all, Tesla isn’t kicking up a fuss about Trump’s plan to go after the consumer EV tax credit, which Musk seems to think would cement the company’s dominant market position, on the assumption that less-experienced-makers will suffer more from the subsidy’s repeal. While looser emissions standards for Tesla’s competitors and reduced income from compliance credits seem like more of a clear-cut loss for Musk, perhaps it’s a hit he’s willing to take in pursuit of his broader goals.
At any rate, Carlson told me that an enduring rollback of California’s waiver will depend on competent administrators that are familiar with the complexity of the legislative process — not something Trump appointees are exactly known for. “The one thing that I can’t quite wrap my mind around is what the effect of Lee Zeldin combined with Project 2025 means,” Carlson said. Zeldin, Trump’s pick to lead the EPA, has no experience running a government agency and little expertise in environmental policy.
“The effect of an inexperienced administrator, combined with potentially freezing out or even firing some of the most competent and skilled economists, scientists, etc, could totally undermine the ability to do this in a way that is legally sustainable and fast,” Carlson told me.
If you squint hard enough, maybe that’s the silver lining, here.
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Current conditions: The remnants of Tropical Storm Chantal will bring heavy rain and potential flash floods to the Carolinas, southeastern Virginia, and southern Delaware through Monday night • Two people are dead and 300 injured after Typhoon Danas hit Taiwan • Life-threatening rainfall is expected to last through Monday in Central Texas.
Jim Vondruska/Getty Images
The flash floods in Central Texas are expected to become one of the deadliest such events in the past 100 years, with authorities updating the death toll to 82 people on Sunday night. Another 41 people are still missing after the storms, which began Thursday night and raised the Guadalupe River some 26 feet in less than an hour, providing little chance for holiday weekend campers and RVers to escape.
Although it’s far too soon to definitively attribute the disaster to climate change, a warmer atmosphere is capable of holding more moisture and producing heavy bursts of life-threatening rainfall. Disasters like the one in Texas are one of the “hardest things to predict that’s becoming worse faster than almost anything else in a warming climate, and it’s at a moment where we’re defunding the ability of meteorologists and emergency managers to coordinate,” Daniel Swain of the University of California Agriculture and Natural Resources told the Los Angeles Times. Meteorologists who spoke to Wired argued that the National Weather Service “accurately predicted the risk of flooding in Texas and could not have foreseen the extreme severity of the storm” ahead of the event, while The New York Times noted that staffing shortages at the agency following President Trump’s layoffs potentially resulted in “the loss of experienced people who would typically have helped communicate with local authorities in the hours after flash flood warnings were issued overnight.”
President Trump announced this weekend that his administration plans to send up to 15 letters on Monday to important trade partners detailing their tariff rates. Though Trump didn’t specify which countries would receive such letters or what the rates could be, he said the tariffs would go into effect on August 1 — an extension from the administration’s 90-day pause through July 9 — and range “from maybe 60% or 70% tariffs to 10% and 20% tariffs.” Treasury Secretary Scott Bessent added on CNN on Sunday that the administration would subsequently send an additional round of letters to 100 less significant trade partners, warning them that “if you don’t move things along” with trade negotiations, “then on August 1, you will boomerang back to your April 2 tariff level.” Trump’s proposed tariffs have already rattled industries as diverse as steel and aluminum, oil, plastics, agriculture, and bicycles, as we’ve covered extensively here at Heatmap. Trump’s weekend announcement also sent jitters through global markets on Monday morning.
President Trump’s gutting of the Inflation Reduction Act with the signing of the budget reconciliation bill last week will add an extra 7 billion tons of emissions to the atmosphere by 2030, a new analysis by Climate Brief has found. The rollback on renewable energy credits and policy means that “U.S. emissions are now set to drop to just 3% below current levels by 2030 — effectively flatlining — rather than falling 40% as required to hit the now-defunct [Paris Agreement] target,” Carbon Brief notes. As a result, the U.S. will be about 2 billion tons short of its emissions goal by 2030, adding an emissions equivalent of “roughly the annual output of Indonesia, the world’s sixth-largest emitter.”
To reach its conclusions, Carbon Brief utilized modeling by Princeton University’s REPEAT Project, which examined how the current obstacles facing U.S. wind and solar energy will impact U.S. emissions targets, as well as the likely slowdown in electric vehicle sales and energy efficiency upgrades due to the removal of subsidies. “Under this new set of U.S. policies, emissions are only expected to be 20% lower than 2005 levels by 2030,” Carbon Brief writes.
Engineering giant SKF announced late last week that it had set a new world record for tidal turbine reliability, with its systems in northern Scotland having operated continuously for over six years at 1.5 megawatts “without the need for unplanned or disruptive maintenance.” The news represents a significant milestone for the technology since “harsh conditions, high maintenance, and technical challenges” have traditionally made tidal systems difficult to implement in the real world, Interesting Engineering notes. The pilot program, MayGen, is operated by SAE Renewables and aims, as its next step, to begin deploying 3-megawatt powertrains for 30 turbines across Scotland, France, and Japan starting next year.
Satellites monitoring the Southern Ocean have detected for the first time a collapse and reversal of a major current in the Atlantic Meridional Overturning Circulation. “This is an unprecedented observation and a potential game-changer,” said physicist Marilena Oltmanns, the lead author of a paper on the finding, adding that the changes could “alter the Southern Ocean’s capacity to sequester heat and carbon.”
A breakthrough in satellite ocean observation technology enabled scientists to recognize that, since 2016, the Southern Ocean has become saltier, even as Antarctic sea ice has melted at a rate comparable to the loss of Greenland’s ice. The two factors have altered the Southern Ocean’s properties like “we’ve never seen before,” Antonio Turiel, a co-author of the study, explained. “While the world is debating the potential collapse of the AMOC in the North Atlantic, we’re seeing that the Southern Ocean is drastically changing, as sea ice coverage declines and the upper ocean is becoming saltier,” he went on. “This could have unprecedented global climate impacts.” Read more about the oceanic feedback loop and its potential global consequences at Science Daily, here.
The French public research university Sciences Po will open the Paris Climate School in September 2026, making it the first school in Europe to offer a “degree in humanities and social sciences dedicated to ecological transition.” The first cohort will comprise 100 master’s students in an English-language program. “Faced with the ecological emergency, it is essential to train a new generation of leaders who can think and act differently,” said Laurence Tubiana, the dean of the Paris Climate School.
A fifth of U.S. counties now restrict renewables development, according to exclusive data gathered by Heatmap Pro.
A solar farm 40 minutes south of Columbus, Ohio.
A grid-scale battery near the coast of Nassau County, Long Island.
A sprawling wind farm — capable of generating enough electricity to power 100,000 homes — at the northern edge of Nebraska.
These projects — and hundreds of others — will never get built in the United States. They were blocked and ultimately killed by a regulatory sea-change that has reshaped how local governments consider and approve energy projects. One by one, counties and municipalities across the country are passing laws that heavily curtail the construction of new renewable power plants.
These laws are slowing the energy transition and raising costs for utility ratepayers. And the problem is getting worse.
The development of new wind and solar power plants is now heavily restricted or outright banned in about one in five counties across the country, according to a new and extensive survey of public records and local ordinances conducted by Heatmap News.
“That’s a lot,” Nicholas Bagley, a professor at the University of Michigan Law School, told us. Bagley said the “rash of new land use restrictions” owes partly to the increasing politicization of renewable energy.
Across the country, separate rules restrict renewables construction in 605 counties. In some cases, the rules greatly constrain where renewables can be built, such as by requiring that wind turbines must be placed miles from homes, or that solar farms may not take up more than 1% of a county’s agricultural land. In hundreds of other cases, the rules simply forbid new wind or solar construction at all.
Even in the liberal Northeast, where climate concern is high and municipalities broadly control the land use process, the number of restrictions is rising. At least 59 townships and municipalities have curtailed or outright banned new wind and solar farms across the Northeast, according to Heatmap’s survey.
Even though America has built new wind and solar projects for decades, the number of counties restricting renewable development has nearly doubled since 2022.
When the various state, county, and municipality-level ordinances are combined, roughly 17% of the total land mass of the continental United States has been marked as off limits to renewables construction.
These figures have not been previously reported. Over the past 12 months, our energy intelligence platform Heatmap Pro has conducted what it believes to be the most comprehensive survey of county and municipality-level renewables restrictions in the United States. In part, that research included surveys of existing databases of local news and county laws, including those prepared by the Sabin Center for Climate Change Law at Columbia University.
But our research team has also called thousands of counties, many of whose laws were not in existing public databases, and we have updated our data in real time as counties passed ordinances and opposed projects progress (or not) through the zoning process. This data is normally available to companies and individuals who subscribe to Heatmap Pro. In this story, we are making a high-level summary of this data available to the public for the first time.
Restrictions have proliferated in all regions of the country.
Forty counties in Virginia alone now have an anti-renewable law on the books, effectively halting solar development in large portions of the state, even as the region experiences blistering electricity load growth.
These anti-solar laws have even begun to slow down energy development across the sunny Southwest. Counties in Nevada and Arizona have rejected new solar development in the same parts of the state that have already seen a high number of solar projects, our data show. Since President Trump took office in January, the effect of these local rules have become more acute — while solar developers could previously avoid the rules by proposing projects on federal land, a permitting slowdown at the Bureau of Land Management is now styming solar projects of all types in the region, as our colleague Jael Holzman has reported.
In the Northeast and on the West Coast, where Democrats control most state governments, towns and counties are still successfully fighting and cancelling dozens of new energy projects. Battery electricity storage systems, or BESS projects, now draw particular ire. The high-profile case of the battery fire in Moss Landing, California, in January has led to a surge of local opposition to BESS projects, our data shows. So far in 2025, residents have cited the Moss Landing case when fighting at least six different BESS projects nationwide.
That’s what happened with Jupiter Power, the battery project proposed in Nassau County, Long Island. The 275-megawatt project was first proposed in 2022 for the Town of Oyster Bay, New York. It would have replaced a petroleum terminal and improved the resilience of the local power grid.
But opposed residents began attending public meetings to agitate about perceived fire and environmental risks, and in spring 2024 successfully lobbied the town to pass a six-month moratorium on battery storage systems. The developer of the battery storage system, Jupiter Power, announced it would withdraw after the town passed two consecutive extensions to the moratorium and residents continued agitating for tighter restrictions.
That pattern — a town passes a temporary moratorium that it repeatedly extends — is how many projects now die in the United States.
The Nebraska wind project, North Fork Wind, was effectively shuttered when Knox County passed a permanent wind-energy ban. And the solar project south of Columbus, Ohio? It died when the Ohio Power Siting Board ruled that “that any benefits to the local community are outweighed by public opposition” to the project, which would have generated 70 megawatts, enough to power about 9,000 homes.
The developers of both of these projects are now waging lengthy and expensive legal appeals to save them; neither has won yet. Even in cases where the developer ultimately prevails against a local law, opposition can waste years and raise the final cost of a project by millions of dollars.
Our Heatmap Pro platform models opposition history alongside demographic, employment, voting, and exclusive polling data to quantify the risk a project will face in every county in the country, allowing developers to avoid places where they are likely to be unsuccessful and strategize for those where they have a chance.
Access to the full project- and county-level data and associated risk assessments is available via Heatmap Pro.
And more on the week’s biggest conflicts around renewable energy projects.
1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.
2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.
3. Imperial County, California – The board of directors for the agriculture-saturated Imperial Irrigation District in southern California has approved a resolution opposing solar projects on farmland.
4. New England – Offshore wind opponents are starting to win big in state negotiations with developers, as officials once committed to the energy sources delay final decisions on maintaining contracts.
5. Barren County, Kentucky – Remember the National Park fighting the solar farm? We may see a resolution to that conflict later this month.
6. Washington County, Arkansas – It seems that RES’ efforts to build a wind farm here are leading the county to face calls for a blanket moratorium.
7. Westchester County, New York – Yet another resort town in New York may be saying “no” to battery storage over fire risks.