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A new report from a coalition of energy and data analytics organizations offers recommendations for the country’s demand response leader.
By many measures, California is the most advanced U.S. demand response market. Its aggressive clean energy targets, widespread home electrification, and near-universal smart meter deployment make it a natural testbed for programs that call upon distributed energy resources — from home batteries and electric vehicle chargers to smart thermostats — to ease grid strain and pay customers for helping out.
The state has been running these initiatives in one form or another for decades, starting with agreements that paid commercial and industrial customers to cut their power during periods of grid stress. Over time, those programs expanded to households, allowing ratepayers to let utilities cycle their air conditioners on and off and, eventually, control their smart thermostats too. But the theoretical potential of California’s demand response strategy has far outpaced the realized grid benefits.
“Load flexibility has underdelivered for a long time,” Ric O’Connell, executive director at the grid policy nonprofit GridLab, told me.
A new joint report from GridLab, data analytics firm Kevala, and the energy consulting firm Energy and Environmental Economics released on Tuesday argues that California’s early-mover advantage has, in many ways, become a liability. While the technology to run more effective, streamlined demand response programs has finally arrived, decades of legacy initiatives have left the state and its confused consumers tangled among dozens of fragmented offerings, outdated compensation structures that don’t reward active participation, and rules that make it unnecessarily difficult for small, household devices to participate in wholesale electricity markets.
“The communications, the control, the metering — none of that stuff was really available 10 years ago, and you just sort of paid people to sign up,” O’Connell told me. “And then we didn’t really switch it as the technology became available for better measurement.”
But now that the technology is better, the report points out that the opportunity is bigger than ever: California has an unprecedented base of smart, connected devices — including millions of EVs, electrified buildings, and home batteries — that, if properly harnessed, could help smooth out the state's electricity demand and avoid the kind of costly new infrastructure buildouts that drives up everyone's rates.
One of the primary recommendations in the report, titled “Unlocking California’s Flexible Load,” is to pay customers for the actual value they provide to the grid — such as how often and for how long they reduce or shift their electricity use during demand response events. While that may seem obvious, historically, utility and state programs have paid customers simply for signing up and remaining "available" to cut power use — regardless of whether they actually deliver when called upon. That model made some sense before smart meters and other tools could verify performance, but today it often just wastes money while failing to deliver meaningful load reductions.
Changes like this could help California capture far more of the value demand response has long promised. A 2024 GridLab study with The Brattle Group found that virtual power plants — networks of distributed resources that collectively act like large, traditional power plants — could save California utilities and consumers $550 million per year while meeting more than 15% of the state’s peak electricity demand.
The potential is especially striking with EVs. Their charging patterns can already help shift overall electricity demand to less grid-constrained hours, while bidirectional charging may one day turn them into giant grid batteries capable of sending power back to the grid — an increasingly common capability known as vehicle-to-grid, or V2G. The report reveals that if just 10% of California’s projected 9.7 million EVs participated in V2G programs, they could supply nearly a third of the state’s 2036 long-duration battery storage target, according to a press release about the report.
As the report also makes clear, though, getting there will require more than simply changing how the program pays customers. Another major recommendation is consolidating the programs and streamlining how they’re administered. O’Connell said the utilities running their own programs — long held back by institutional inertia — are beginning to recognize the inefficiency problem, waking up to the fact that “the person doing the smart thermostat program is in a different department than the person who’s doing the behind the meter battery program,” he told me, explaining that he’s already working with Con Ed in New York to consolidate its offerings. Based on his conversations with California’s utilities, he said he expects them to announce consolidation plans soon, as well.
O’Connell said the utilities running the programs — long held back by institutional inertia — are beginning to recognize the inefficiency problem, waking up to the fact that “the person doing the smart thermostat program is in a different department than the person who’s doing the behind the meter battery program.”
It can be a hard sell to get the investor-owned utilities to put real muscle behind these programs, however, as they make money by building new infrastructure like large power plants, not by avoiding the need for it through demand flexibility.
“I think in many ways the IOUs have been indifferent to load flexibility. It’s not core to their business,” O’Connell told me. But with political tension over affordability mounting, customers increasingly worried about electricity rate hikes, and huge new large loads like data centers seeking to connect to the grid as quickly as possible, utilities are facing more pressure than ever to make better use of the infrastructure they already have.
Another core recommendation is designed to ensure that demand flexibility programs actually benefit all customers by capping customer compensation below the total cost that the utility avoided in new infrastructure buildout. For example, if a customer’s individual participation in such a program saves a utility $100 in spending, they should receive less than $100 for providing that flexibility. This is designed to ensure that all California customers end up saving on their utility bills, regardless of whether they’re able to flex their loads or not.
This particular recommendation comes in response to a problem the state encountered with its legacy rooftop solar compensation system, Net Energy metering, which ran from 1996 to 2022. The program pays existing solar customers, who have been grandfathered into the program, well above the actual value of the power they export to the grid, thereby shifting billions of dollars in costs onto customers without solar.
Lastly, the report recommends creating a simpler path into wholesale electricity markets. While sophisticated players —- think large businesses or major demand response aggregators such as Voltus or Sunrun — can sell load reductions directly into those markets, the process remains too complicated and paperwork-heavy for smaller aggregators bundling together resources such as household EVs and batteries. For now, the report argues, those smaller players should keep enrolling customers through simpler, utility-run programs while regulators work to make wholesale market participation more accessible.
Ultimately, O’Connell hopes the report can help California move past the institutional battles that have historically held demand flexibility back. “One of the problems with California is there’s no kind of neutral,” he told me. “We were trying to be that neutral party that’s like, here’s the roadmap to get everyone to actually unlock this potential.”
The goal, he said, was to “name all the problems of the past” — and, in doing so, give California’s utilities, regulators, aggregators, and customers a clearer path forward.
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Current conditions: Lake Powell just dropped to its lowest level since the reservoir straddling the border between northern Arizona and Utah began filling 60 years ago • A dangerous new heat dome has formed over the American Southeast, driving midday highs north of 110 degrees Fahrenheit in cities such as Jacksonville, Florida • Temperatures in Bandar-e Mahshahr are rising past 124 degrees, making the Iranian port city at the northern end of the Persian Gulf, near the border with Iraq, the current hottest place on Earth.
Less than two weeks ago, Amazon confirmed its plans to build a data center complex powered by a 7.65-gigawatt, off-grid natural gas plant. As my colleague Emily Pontecorvo wrote, the facility would handily surpass the output of the nation’s biggest power station, the 7-gigawatt Grand Coulee hydroelectric plant in Washington State, and Georgia’s Plant Vogtle, which recently vaulted to No. 2 after the completion of the country’s only two wholly new nuclear reactors in decades increased its output to nearly 5 gigawatts. An even bigger gas plant is now eyeing the top spot on the list. On Monday, ChatGPT-maker OpenAI inked a deal for a sweeping new data center campus in Ohio, backed by $105 billion from chipmaker Nvidia. As part of the agreement, SoftBank’s SB Energy will construct a 9.2-gigawatt gas plant that will be owned by the U.S. government and financed by Japan, according to The Wall Street Journal. “Today, we are helping secure the critical infrastructure required to build these factories,” Jensen Huang, Nvidia’s chief executive, wrote in a blog post on the company’s website. “We are investing in the long-lived foundations of AI factories so our customers can deploy the most productive compute platform in the world, generation after generation.”
The biggest impediment, at least according to North America’s quasi-governmental grid watchdog, is power. “The only thing China is ahead of us in the AI race is power,” Jim Robb, the chief executive of the North American Electric Reliability Corporation, told reporter Arianna Skibell on the Politico Energy podcast episode that went live Monday. “We have better models, we have better engineers, we have better scientists — but we’re challenged in our society to build the infrastructure that’s going to be required to support the growth.”
Europe’s hellish summer continues to shatter records. Just weeks after wildfires scorched Spain and France in what the French president called the country’s “hardest” challenge “since World War II,” Belgium is now battling its biggest blaze in recorded history. Hundreds fled as the flames approached the German border, though rainfall on Monday helped slow the spread. But the High Fens fire has already exposed political fissures in the country. On Monday, Belgian Defense Minister Theo Francken blamed anti-American sentiment for preventing the government from purchasing Chinook helicopters that would have strengthened the country’s firefighting capacities, according to The Brussels Times, an English-language news website. In the Flemish-language Het Laatste Nieuws, the country’s most widely circulated newspaper, columnist Isolde Van den Eynde complained that the episode highlighted the gap between how much government infrastructure exists for climate policy and how little there is for actually dealing with warming-fueled disasters. “While quite a few citizens are wondering where our little army of climate ministers is,” she wrote, “soldiers are on the ground.”
Hawaii, meanwhile, was still reeling from the first hurricane to damage the Big Island in more than a century. Tropical Storm Lala, which strengthened into a Category 1 storm at its peak, knocked out power for nearly 200,000 homes and businesses across the state. As I told you yesterday, the utility that covers 95% of Hawaii has warned it could be months before power is restored. Today we got a clearer sense of the other damage. More than 100 homes were washed away in the storm, and the damage to roads and bridges, according to The New York Times, cut off access to a town with the only hospital in its region.

Exxon Mobil’s oil fields off the coast of Guyana are booming, generating nearly $5 billion in profit last year and only expanding. Chevron last summer spent $53 billion to buy Hess and gain a foothold in the once-poor nation on South America’s Caribbean shores. It’s no wonder The Economist declared South America “the world’s hottest oil patch” last summer.
Now America’s oil goliaths are looking across the Atlantic for their next windfall. On Monday, the Financial Times reported that Exxon had revived its plans to build a liquified natural gas plant in Mozambique’s restive Cabo Delgado, despite the threat of terrorism from an Islamist insurgency in the region. At the same time, Chevron confirmed to Reuters the discovery of new oil and gas deposits in one of its blocks off the coast of Angola, the second-largest producer in sub-Saharan Africa.
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Sunrun built America’s biggest business selling and leasing residential batteries and solar panels on the promise of going off-grid and helping homeowners produce enough power to pare down their utility bills. Now the company is doing the same for data centers. On Monday, the San Francisco-based giant announced a deal with the virtual power plant provider Voltus to provide access to its thousands of residential solar-plus-storage systems in the PJM Interconnection and Midcontinent Independent System Operator electrical grids, covering much of the eastern half of the lower 48 states. “We are providing critical capacity from home batteries supported by funding from hyperscalers,” Sunrun CEO Mary Powell said in a statement. “This is just the beginning of what distributed energy assets can achieve.”
Good news for some of my friends over at the farmer’s market in my neck of Brooklyn: New Jersey is preparing to allow farmers to harvest sunlight for crops and electricity. On Monday, the New Jersey Board of Public Utilities voted to award 16 projects totaling more than 52 megawatts for the state’s first agrivoltaics program. Over the next three years, the program will scale up to more than 200 megawatts of projects. “This pilot can help agriculture and the solar energy industry learn if active agriculture use can be a renewable energy partner in shaping New Jersey’s future,” New Jersey Secretary of Agriculture Ed Wengryn said in a statement. “Getting these projects operating is the best real-life laboratory to learn the challenges the two industries face.”
Manila is a striking metropolis with ancient-looking Chinese and Spanish colonial architecture, gleaming new towers, and vast new neighborhoods forming out of landfilled parts of its eponymous bay. When I visited for a reporting trip in 2024, I learned that the name of the Philippines’ capital comes from the Tagalog phrase meaning “where there is nilad,” a type of flowering mangrove shrub that historically blossomed along the city’s riverbanks. Today those channels that line that city’s streets and wind through the world’s oldest Chinatown are filled with trash. Plastic bottles and garbage are common sights in a fast-growing economy held back by its limited supply of mostly dirty electricity. President Ferdinand Marco Jr. now says there’s “only” one solution to the pollution crisis: Burn it. Last week, his administration told The Philippine Star that new waste-to-energy plants could come online in as little as a year. Environmentalists who say incinerators will only add to air pollution are already pushing back. The government has put out a tender for up to 400 megawatts of capacity, Renewables Now reported. Meanwhile, in a sign of just how much the energy market is heating up in the country, the Philippines’ biggest renewables installer, First Gen Corporation, just turned down a bid from the American investment giant KKR, saying the offer didn’t match the installer’s surging value.
Europe, on the other hand, is seeing its hydrogen ambitions stall out. New analysis by Hydrogen Insight found that project timelines across the continent are now being pushed past two years, “with the number of projects expected to begin commissioning by the end of 2029 falling by almost two thirds.”
Something you don’t see every day: The Trump administration is defending a climate policy imposed by the Biden administration that environmental groups like against Republican states. Last week, E&E News reported that the Department of Justice had asked a federal judge in Louisiana to dismiss a lawsuit brought by 10 GOP state attorneys general in a challenge to a Biden-era policy that stopped subsidizing flood insurance for properties in places increasingly at risk due to new climate extremes.
OpenAI’s new Ohio data center will rely on the country’s largest fossil-fueled power plant — which will be built on federal land.
This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.
This morning, OpenAI announced that it is leasing an enormous data center facility that will be built in Pike County, Ohio. The facility’s ownership structure will be arcane, to say the least: It will be built on federal land, operated by a subsidiary of the Japanese firm SoftBank, and partially backstopped by the chip designer Nvidia. The project is the most significant example so far of the increasingly creative off-book financing that’s now driving the artificial intelligence boom.
For our purposes, though, what sticks out about the facility is not its financing per se but the scale of its energy demand. The supercomputer will consume 10 gigawatts of electricity, or roughly as much power as New York City demands on a summer day.
To supply this energy, the Energy Department will build and own … a 9.2-gigawatt natural-gas-burning power plant on-site. It will be financed by the Japanese government and operated by SB Energy, the SoftBank subsidiary. Although this power plant was announced back in March as part of President Donald Trump’s trade deal with Japan, it wasn’t as clear then whether it would actually get built. Nvidia’s involvement raises the odds that it will reach completion. (In any case, it will get built in stages.)
There are several notable things about this extraordinary — and enormous — power plant, assuming that it does get built. Upon completion, it would rank as the largest power plant in the United States, nearly 40% larger than the Grand Coulee Dam. It would also become one of the largest natural gas power plants in the world, rivaling the Jebel Ali Power and Desalination Plant in Dubai. The scale of natural gas throughput required to feed the plant will resemble that required for a large liquified natural gas export facility; simply feeding the plant everyday could eat up a sizable chunk of, say, Ohio’s overall natural gas production.
There’s much we still don’t know about this power plant as well, including what kind of turbine it will use. That question will play a big role in its overall greenhouse emissions and air pollution footprint — although no matter what it will become a major polluter.
It will inaugurate, as well, a new era of national mega-gas plants. We learned earlier this month, for instance, that Amazon is behind a 7.65-gigawatt gas-burning facility being built in Texas dubbed Gigawatt Ranch. That enormous plant, if built, will also outrank the Grand Coulee Dam. (The market research company Cleanview first reported Amazon’s involvement in the facility.) The data center developer Nexus has proposed a 6-gigawatt gas-burning facility near Hubbard, Texas, as well — another enormous power plant. Since the beginning of the fracking boom, natural gas has been distinguished in part by its highly modular nature: For both regulatory and technical reasons, it’s been possible to erect a gas-burning power plant in a variety of sizes in a variety of places on the grid. The rise of these newly behemoth gas-burning facilities suggests that we might be in a new era of truly behemoth gas development.
And what makes the Ohio facility different from the Texas examples, too, is that it's going to be owned by the U.S. government. It's essentially going to be a public natural gas-burning power plant. That has interesting implications for climate and energy policy, because the government’s involvement could bring it under the auspices of future federal regulation — or even executive authority. While its continued operation will likely be protected by two-way federal contracts with Nvidia, SB Energy, and other counterparties, the Trump administration has already stretched the bounds of contract law to allow for, let’s say, entrepreneurial federal policy making on its chosen issues. AI is not exactly popular as is. In a different political moment, with a different mandate, how might a future Democratic president look at this site?
Here’s where things stand after some major recent decisions.
Trump started his second term in office with a sweeping federal funding freeze that invited a spate of lawsuits all raising the same general question: Can the president refuse to spend the money Congress appropriates?
When it came to climate programs, the funds at stake included billions of dollars lawmakers had set aside for clean energy, green banks, scientific research, technological development, conservation, and environmental justice projects in the Inflation Reduction Act and the 2021 bipartisan infrastructure law.
The legal landscape has evolved significantly since this all started. Although several courts issued injunctions on the funding freeze almost immediately after it went into effect, the administration quickly moved on to terminating grants instead. Also, a lot of the IRA money that was initially caught up in the freeze is now gone, rescinded by Congress in the One Big Beautiful Bill Act of 2025.
Still, a significant chunk — more than $90 billion — was formally awarded before OBBBA took effect and remains in jeopardy. A few recent court decisions, however, suggest that some grantees may be able to see their projects through.
Here’s a guide to the current state of play.
There are generally four categories of lawsuits over the climate grants.
First are the suits challenging the legality of Trump’s freeze on IRA and infrastructure law funding, which he laid out in his Day 1 executive order “Unleashing American Energy.” In Woonasquatucket River Watershed Council v. USDA, for example, several nonprofits allege that the administration overstepped its statutory authority and acted contrary to the laws that Congress passed when agencies froze funds. In April of last year, a district court judge put a preliminary injunction on the freeze while the case played out, and the plaintiffs started receiving money again.
Second, there are a number of suits fighting the agencies’ elimination of specific programs. In Harris County v. EPA, to name one, the Texas county is suing the Environmental Protection Agency for terminating Solar for All, a $7 billion IRA program designed to fund solar projects in low-income communities. Harris County argues that the decision was arbitrary and capricious, violating the Administrative Procedures Act, and that it also violates the constitution’s separation of powers, which gives Congress the power of the purse.
Third, there are a few suits challenging the cancellation of individual grants. In City of Saint Paul, Minnesota v. Wright, for instance, the city and several other groups challenged the Department of Energy’s move to cancel more than 300 grants in blue states on the first day of a government shutdown last October. Each of the grants had an address on file with the government that was in a state that voted for Kamala Harris in the 2024 election. Saint Paul and the other plaintiffs argued that the cancellations violated equal protection under the Fifth Amendment.
Each of the cases I’ve described so far challenges Trump on statutory and constitutional grounds, and is playing out in district and appeals courts. The last category is notably different.
More recently, a number of grantees whose funding was terminated have filed lawsuits against the government in the Court of Federal Claims. These suits allege violations of the terms of the individual grant contracts, which lay out the specific circumstances under which the government can cancel an award. The key difference in these cases is that they can only result in monetary damages — the Court of Federal Claims cannot compel an agency to reinstate a grant, or weigh in on the president’s right to eliminate congressionally-mandated programs.
In Sublime Systems Inc. v. United States, for example, the clean cement company is claiming “billions of dollars in damages” in lost income, lost funding, and lost company value. The Energy Department canceled Sublime’s $87 million grant to build a first-of-a-kind cement plant last year, notifying the company that it no longer “effectuates the program/agency priorities” with no further explanation as to what had changed and why.
Perhaps the most consequential question in many of the cases is who has jurisdiction. In the district court cases, one of the government’s main arguments is that these suits are, in essence, contract disputes, and therefore belong in the Court of Federal Claims.
To date, a number of courts have weighed in on this question with mixed opinions. Most notably, the Supreme Court issued orders in two cases involving education and health grants saying that the district courts likely lacked jurisdiction to reinstate canceled grants.
These were emergency orders to provide temporary relief — a channel legal scholars refer to as the Court’s “shadow docket” — and do not carry the same legal significance as a decision on the merits of the underlying cases would. Still, some district courts have cited these orders in their judgments, concluding that allegations by grantees are contractual in nature and belong in the Court of Federal Claims. Other district courts have disregarded the Supreme Court orders and approved grantees’ requests for injunctions on the terminations. In some of those cases, however, appeals courts have later disagreed.
An important ruling on this question came in early August in the case of Climate United v. EPA. The suit involves a group of nonprofits fighting to reinstate their grants under the IRA’s $20 billion green bank program. The D.C. Circuit Court of Appeals affirmed a lower court’s preliminary injunction on the EPA’s termination of the program, cracking open the door for money to start flowing again. The appeals court’s order was short, but it notably did not raise any issue with the district court hearing the case.
The Trump administration signaled that it planned to appeal the Climate United decision to the Supreme Court. If the high court holds a full merit hearing on the case and decides it’s a contract dispute, that could not only shut down the Climate United case, but also many of the other lawsuits, and send hundreds of grantees running to the Court of Federal Claims.
Many of the cases became more complicated after the passage of the One Big Beautiful Bill Act. The law explicitly rescinded “unobligated funds” from Inflation Reduction Act programs, referring to funds that hadn’t yet been formally awarded.
The plaintiffs in the grant cases argue that because their funds were obligated prior to the OBBBA, the new law shouldn’t change anything. The Trump administration, however, has argued that since it moved to terminate the grants prior to OBBBA, they were no longer technically obligated when that law passed, and therefore the lawsuits challenging the terminations are moot.
In at least one case, The Sustainability Institute v. Trump, the district court judge rejected that argument, deeming it “without merit” in a June 2026 order and ordering the EPA to pay out the funds. The lawsuit concerns the Environmental and Climate Justice Block Grants, a $2.8 million program supporting air quality monitoring, climate adaptation, and pollution reduction. The government is appealing the decision.
In other lawsuits over grants from the Greenhouse Gas Reduction Fund, the situation is even more convoluted. Congress set aside $27 billion in the IRA for grants and loans for projects that reduce emissions, and to establish green banks that would do the same — these are the programs at stake in the Climate United and Harris County cases. OBBBA did not just rescind unobligated funds from this program, it also repealed the underlying statute establishing it.
Romany Webb, the deputy director of Columbia University’s Sabin Center for Climate Change Law, told me this complicates the arguments alleging violations of the constitution. “If you’re arguing that EPA dismantled a congressionally-approved program in violation of the separation of powers, and then afterwards Congress moves to dismantle that program, can you still make that same argument?”
In early August’s Climate United ruling, the appeals court split on what it all meant. Four of the 10 judges questioned whether the injunction on the EPA’s terminations was still warranted since, per their understanding, the repeal of the program gave the agency the ability to terminate the grants without violating the IRA. One judge, while disagreeing with that read, questioned whether EPA could be ordered to reinstate the grants, since the agency no longer had any funding to administer the program.
“There’s lots of questions about the impact of the One Big Beautiful Bill Act, both in terms of the substance of the arguments, and then if those arguments are accepted, the remedy that the court can provide,” Webb said.
At least 10 cases are currently pending in the Court of Federal Claims that hinge on the question of whether a clause in the grant contracts that allows agencies to terminate an award if it “no longer effectuates the program goals or agency priorities” gives the government cover for canceling awards with no notice or explanation.
There’s actually a separate district court fight going on over this very language on constitutional grounds. A group of 22 states, led by New Jersey, is suing the government, alleging that this language, which is standard in government funding contracts, does not give the administration permission to change its priorities on a whim. They argue that it’s intended to govern situations where the grant can no longer achieve the original program goals and agency priorities, not where the agency priorities change. In early July, the court issued an order agreeing with that interpretation. The government still has time to appeal, so it’s too soon to say how this will affect the Federal Claims court cases.
There is one set of cases where the plaintiffs have been undoubtedly successful. In the Saint Paul case I mentioned earlier, seven plaintiffs had been awarded grants by the Department of Energy for various kinds of projects — EV charging stations, methane mitigation, energy efficiency. The government’s lawyers freely admitted that the agency canceled these grants primarily because they were awarded to entities in blue states. The judge ruled that this did, in fact, violate the Fifth Amendment. She vacated the terminations in January.
After that win, another group of 11 grantees in the same situation — their grants were terminated as part of the same attack on blue states — filed suit in the same court, and the same judge vacated their terminations in June. The government has not appealed either decision. Since hundreds of other grantees could make the same discrimination argument, there may be more of these cases on the way.