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Why regional transmission organizations as we know them might not survive the data center boom.

As the United States faces its first significant increase in electricity demand in decades, the grid itself is not only aging, but also straining against the financial, logistical, and legal barriers to adding new supply. It’s enough to make you wonder: What’s the point of an electricity market, anyway?
That’s the question some stakeholders in the PJM Interconnection, America’s largest electricity market, started asking loudly and in public in response to the grid operator’s proposal that new large energy users could become “non-capacity backed load,” i.e. be forced to turn off if ever and whenever PJM deems it necessary.
PJM, which covers 13 states from the Mid-Atlantic to the Midwest, has been America’s poster child for the struggle to get new generation online as data center development surges. PJM has warned that it will have “just enough generation to meet its reliability requirement” in 2026 and 2027, and its independent market monitor has said that the costs associated with serving that new and forecast demand have already reached the billions, translating to higher retail electricity rates in several PJM states.
As Heatmap has covered, however, basically no one in the PJM system — transmission owners, power producers, and data center developers — was happy with the details of PJM’s plan to deal with the situation. In public comments on the proposed rule, many brought up a central conflict between utilities’ historic duty to serve and the realities of the modern power market. More specifically, electricity markets like PJM are supposed to deal with wholesale electricity sales, not the kind of core questions of who gets served and when, which are left to the states.
On the power producer side, major East Coast supplier Talen Energy wrote, “The NCBL proposal exceeds PJM’s authority by establishing a regime where PJM holds the power to withhold electric service unlawfully from certain categories of large load.” The utility Exelon added that owners of transmission “have a responsibility to serve all customers—large, small, and in between. We are obligated to provide both retail and wholesale electric service safely and reliably.” And last but far from least, Microsoft, which has made itself into a leader in artificial intelligence, argued, “A PJM rule curtailing non-capacity-backed load would not only unlawfully intrude on state authority, but it would also fundamentally undercut the very purpose of PJM’s capacity market.”
This is just one small piece of a debate that’s been heating up for years, however, as more market participants, activists, and scholars question whether the markets that govern much of the U.S. electric grid are delivering power as cheaply and abundantly as they were promised to. Some have even suggested letting PJM utilities build their own power plants again, effectively reversing the market structure of the past few decades.
But questioning whether all load must be served would be an even bigger change.
The “obligation to serve all load has been a core tenet of electricity policy,” Rob Gramlich, the president of Grid Strategies LLC, told me. “I don’t recall ever seeing that be questioned or challenged in any fundamental way” — an illustration of how dire things have become.
The U.S. electricity system was designed for abundance. Utilities would serve any user, and the per-user costs of developing the fixed infrastructure necessary to serve them would drop as more users signed up.
But the planned rush of data center investments threatens to stick all ratepayers with the cost of new transmission and generation that is overwhelmingly from one class of customer. There is already a brewing local backlash to new data centers, and electricity prices have been rising faster than inflation. New data center load could also have climate consequences if utilities decide to leave aging coal online and build out new natural gas-fired power plants over and above their pre-data center boom (and pre-Trump) plans.
“AI has dramatically raised the stakes, along with enhancing worries that heightened demand will mean more burning of fossil fuels,” law professors Alexandra Klass of the University of Michigan and Dave Owen at the University of California write in a preprint paper to be published next year.
In an interview, Klass told me, “There are huge economic and climate implications if we build a whole lot of gas and keep coal on, and then demand is lower because the chips are better,” referring to the possibility that data centers and large language models could become dramatically more energy efficient, rendering the additional fossil fuel-powered supply unnecessary. Even if the projects are not fully built out or utilized, the country could face a situation where “ratepayers have already paid for [grid infrastructure], whether it’s through those wholesale markets or through their utilities in traditionally regulated states,” she said.
The core tension between AI development and the power grid, Klass and Owen argue, is the “duty to serve,” or “universal service” principle that has underlain modern electricity markets for over a century.
“The duty to serve — to meet need at pretty much all times — worked for utilities because they got to pass through their costs, and it largely worked for consumers because they didn’t have to deal very often with unpredictable blackouts,” Owen told me.
“Once you knew how to build transmission lines and build power plants,” Klass added, “there was no sense that you couldn’t continue to build to serve all customers. “We could build power plants, and the regulatory regime came up in a context where we could always build enough to meet demand.”
How and why goes back to the earliest days of electrification.
As the power industry developed in the late 19th and early 20th century, the regulated utility model emerged where monopoly utilities would build both power plants and the transmission and distribution infrastructure necessary to serve that power to customers. So that they would be able to achieve the economies of scale required to serve said customers efficiently and affordably, regulators allowed them to establish monopolies over certain service territories, with the requirement that they would serve any and everyone in them.
With a secure base of ratepayers, utilities could raise money from investors to build infrastructure, which could then be put into a “rate base” and recouped from ratepayers over time at a fixed return. In exchange, the utilities accepted regulation from state governments over their pricing and future development trajectories.
That vertically integrated system began to crack, however, as ratepayers revolted over high costs from capital investments by utilities, especially from nuclear power plants. Following the deregulation of industries such as trucking and air travel, federal regulators began to try to break up the distribution and generation portions of the electricity industry. In 1999, after some states and regions had already begun to restructure their electricity markets, the Federal Energy Regulatory Commission encouraged the creation of regional transmission organizations like PJM.
Today some 35 state electricity markets are partially or entirely restructured, with Texas operating its own, isolated electricity market beyond the reach of federal regulation. In PJM and other RTOs, electricity is (more or less) sold competitively on a wholesale basis by independent power producers to utilities, who then serve customers.
But the system as it’s constructed now may, critics argue, expose retail customers to unacceptable cost increases — and greenhouse gas emissions — as it attempts to grapple with serving new data center load.
Klass and Owen, for their part, point to other markets as models for how electricity could work that don’t involve the same assumptions of plentiful supply that electricity markets historically have, such as those governing natural gas or even Western water rights.
Interruptions of natural gas service became more common starting in the 1970s, when some natural gas services were underpriced thanks to price caps, leading to an imbalance between supply and demand. In response, regulators “established a national policy of curtailment based on end use,” Klass and Owen write, with residential users getting priority “because of their essential heating needs, followed by firm industrial and commercial customers, and finally, interruptible customers.” Natural gas was deregulated in the late 1970s and 1980s, with curtailment becoming more market-based, which also allowed natural gas customers to trade capacity with each other.
Western water rights, meanwhile, are notoriously opaque and contested — but, importantly, they are based on scarcity, and thus may provide lessons in an era of limited electricity supply. The “prior appropriation” system water markets use is, “at its core, a set of mechanisms for allocating shortage,” the authors write. Water users have “senior” and “junior” rights, with senior users “entitled to have their rights fulfilled before the holders of newer, or more ’junior,’ water rights.” These rights can be transferred, and junior users have found ways to work with what water they can get, with the authors citing extensive conservation efforts in Southern California compared to the San Francisco Bay area, which tends to have more senior rights.
With these models in mind, Klass and Owen propose a system called “demand side connect-and-manage,” whereby new loads would not necessarily get transmission and generation service at all times, and where utilities could curtail users and electricity customers would have the ability “to use trading to hedge against the risk of curtailments.”
“We can connect you now before we build a whole lot of new generation, but when we need to, we’re going to curtail you,” Klass said, describing her and Owen’s proposal.
Tyler Norris, a Duke University researcher who has published concept-defining work on data center flexibility, called the paper “one of the most important contributions yet toward the re-examination of basic assumptions of U.S. electricity law that’s urgently needed as hyperscale load growth pushes our existing regulatory system beyond its limits.”
While electricity may not be literally drying up, he told me, “when you are supply side constrained while demand is growing, you have this challenge of, how do you allocate scarcity?”
Unlike the PJM proposals, “Our paper was very focused on state law,” Klass told me. “And that was intentional, because I think this is trickier at the federal level,” she told me.
Some states are already embracing similar ideas. Ohio regulators, for instance, established a data center tariff that tries to protect customers from higher costs by forcing data centers to make minimum payments regardless of their actual electricity use. Texas also passed a law that would allow for some curtailment of large loads and reforms of the interconnection process to avoid filling up the interconnection queue with speculative projects that could result in infrastructure costs but not real electricity demand.
Klass and Owen write that their idea may be more of “a temporary bridging strategy, primarily for periods when peak demand outstrips supply or at least threatens to do so.”
Even those who don’t think the principles underlying electricity markets need to be rethought see the need — at least in the short term — for new options for large new power users who may not get all the power they want all of the time.
“Some non-firm options are necessary in the short term,” Gramlich told me, referring to ideas like Klass and Owen’s, Norris’s, and PJM’s. “Some of them are going to have some legal infirmities and jurisdictional problems. But I think no matter what, we’re going to see some non-firm options. A lot of customers, a lot of these large loads, are very interested, even if it’s a temporary way to get connected while they try to get the firm service later.”
If electricity markets have worked for over one hundred years on the principle that more customers could bring down costs for everyone, going forward, we may have to get more choosy — or pay the price.
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Current conditions: The bomb cyclone barrelling toward the East Coast is set to dump up to 6 inches of snow on North Carolina in one of the state’s heaviest snowfalls in decades • The Arctic cold and heavy snow that came last weekend has already left more than 50 people dead across the United States • Heavy rain in the Central African Republic is worsening flooding and escalating tensions on the country’s border with war-ravaged Sudan.

Every year, the North American Electric Reliability Corporation — a quasi-governmental watchdog group that monitors the health of the power grids in the United States and Canada — publishes its analysis of where things are headed. The 2025 report just came out, and America is bathed in a sea of red. The short of it: Electricity demand is on track to outpace supply throughout much of the country. The grids that span the Midwest, Texas, the Northwest, and the Mid-Atlantic face high risks — code red for reliability. The systems in the Northeast, the Carolinas, the Great Plains, and broad swaths of Canada all face elevated risk over the next four years. The failure to build power plants quickly enough to meet surging demand is just one issue. NERC warned that some grids, such as those in the Pacific Northwest, the Mountain West, and Great Basin states, are staring down potential instability from the addition of primarily weather-dependent renewables such as solar panels and wind turbines that, absent batteries and grid-forming technologies, make managing systems built around firm sources such as coal and hydroelectricity harder to balance.
There’s irony there. Solar and wind are among the fastest new generating sources to build. They’re among the cheapest, too, when you consider how expensive turbines for gas plants have grown as manufacturers’ backlogs stretch to the end of the decade. But they’re up against a Trump administration that’s phasing out tax credits and refusing to permit projects — even canceling solar megaprojects that would have matched the capacity of large nuclear stations. The latest tactic, as my colleague Jael Holzman described in a scoop last night, involves challenging the aesthetic value of wind and solar installations.
Copper prices just surged by the most in more than 16 years after what Bloomberg pegged to a “wave of buying from Chinese investors” that “triggered one of the most dramatic moves in the market’s history.” Prices surged as much as 11% to above $14,500 per ton for the first time before falling somewhat. It was enough to earn headlines about “metals mania” and “absolutely bonkers” pricing. The metal is used in virtually every electrical application. Between China commencing its march toward becoming the world’s first “electrostate” and U.S. Federal Reserve Chairman Jerome Powell signaling a stronger American economy than previously thought, investors are betting on demand for copper to keep growing. For now, however, the prices on copper futures contracts are already leveling off, and Goldman Sachs forecasts the price to fall before stabilizing at a level still well above the average over the last four years.

Amid the volatility, the Trump administration may be shying away from a key tool used to make investments in new mines less risky. On Thursday, Reuters reported that two senior Trump officials told U.S. minerals executives that their projects would need to prove financial independence without the federal government guaranteeing a minimum price for what they mine. “We’re not here to prop you guys up,” Audrey Robertson, assistant secretary of the Department of Energy and head of its Office of Critical Minerals and Energy Innovation, reportedly told the executives gathered at a closed-door meeting hosted by a Washington think tank earlier this month. “Don’t come to us expecting that.” The Energy Department said that Reuters’ reporting is “false and relies on unnamed sources that are either misinformed or deliberately misleading.” At least one mining startup, United States Antimony Corporation, and a mining economist have echoed the administration’s criticism. One tool the Trump administration certainly isn’t wavering on is quasi nationalization. Just two days ago I was telling you about the latest company, USA Rare Earth, to give the government an equity stake in exchange for federal financing.
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Coal-fired electricity generation in the Lower 48 states soared 31% last week compared to the previous week amid Winter Storm Fern’s Arctic temperatures, according to a new analysis by the Energy Information Administration. It’s a stark contrast from the start of the month, when milder temperatures led to lower coal-fired power production versus the same period in 2025. Natural gas generation also surged 14% compared to the previous week. Solar, wind, and hydropower all declined. Nuclear generation remained nearly unchanged.
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The specter of an incident known as “whoops” haunts the nuclear industry. Back in the 1980s, the Washington Public Power Supply System attempted to build several different types of reactors all at once, and ended up making history with the biggest municipal bond default in U.S. history at that point. The lesson? Stick to one design, and build it over and over again in fleets so you can benefit from the same supply chain and workforce and bring down costs. That, after all, is how China, Russia, and South Korea successfully build reactors on time and on budget. Now Jeff Bezos’ climate group is backing an effort to get the Americans to adopt that approach. On Thursday, the Bezos Earth Fund gave a $3.5 million grant to the Nuclear Scaling Initiative, a partnership between the Clean Air Task Force, the EFI Foundation, and the Nuclear Threat Initiative. In a statement, the philanthropy’s chief executive, Tom Taylor, called the grant “a targeted bet that smart coordination can unlock much larger public and private investment and turn this first reactor package into a model for many more.” Steve Comello, the executive director at the Nuclear Scaling Initiative, said the “United States needs repeat nuclear energy builds — not one off projects — to bolster energy security, improve grid reliability, and drive economic competitiveness.”
The Netherlands must write stricter emissions-cutting targets into its laws to align with the Paris Agreement in the name of protecting Bonaire, one of its Caribbean island territories, from the effects of climate change. That’s according to a Wednesday ruling by the District Court of The Hague in a case brought by Greenpeace. The decision also found that Amsterdam was discriminating against residents of the island by failing to do enough to help the island adapt to the existing effects of global warming, including sea-level rise, flooding, and extreme weather. Bonaire is the largest and most populous of the trio of islands that form the Dutch Caribbean territory and includes Sint Eustatius and Saba. The lawsuit, the Financial Times noted, was “one of the first to test climate obligations on a national level.”
The least ecologically destructive minerals to harvest for batteries and other technologies come not from the ground but from old batteries and materials that can be recycled. Recyclers can also get supply up and running faster than a mine can open. With the U.S. aggressively seeking supplies of rare earths that don’t come from China, the recycling startup Cyclic Materials sees an opportunity. The company is investing $82 million to build its second and largest plant. At full capacity, the first phase of the new facility in South Carolina will process 2,000 metric tons of magnet material per year. But the firm plans to eventually expand to 6,000 tons.
Pennsylvania is out, Virginia wants in, and New Jersey is treating it like a piggybank.
The Regional Greenhouse Gas Initiative has been quietly accelerating the energy transition in the Mid-Atlantic and Northeast since 2005. Lately, however, the noise around the carbon market has gotten louder as many of the compact’s member states have seen rising energy prices dominate their local politics.
What is RGGI, exactly? How does it work? And what does it have to do with the race for the 2028 Democratic presidential nomination?
Read on:
The Regional Greenhouse Gas Initiative is a cap and trade market with roots in a multistate compact formed in 2005 involving Connecticut, Delaware, Maine, New Hampshire, New Jersey, New York, and Vermont.
The goal was to reduce emissions, and the mechanism would be regular auctions for emissions “allowances,” which large carbon-emitting electricity generators would have to purchase at auction. Over time, the total number of allowances in circulation would shrink, making each one more expensive and encouraging companies to reduce their emissions. The cap started at 188 million short tons of carbon and has been dropping steadily ever since, with an eventual target of under 10 million by 2037.
By the time of the first auction in 2008, six states were fully participating — Delaware, New Hampshire, New Jersey, and New York were out; Maryland, Massachusetts, and Rhode Island were in — and together they raised almost $39 million. By the second auction later that year, 10 states — the six from the previous auction, plus New York, New Jersey, New Hampshire, and Delaware — were fully participating.
Membership has grown and shrunk over the years (for reasons we’ll cover below) but the current makeup is the same as it was at the end of 2008.
When carbon pricing schemes were first dreamt up by economists, the basic thinking was that by taxing something bad (carbon emissions) you could reduce taxes on something good (like wages or income). Real existing carbon pricing schemes, however, have tended to put their proceeds toward further decarbonization rather than reducing taxes or other costs.
In the case of the RGGI, the bulk of revenue goes to fund state climate programs. About two-thirds of investments from RGGI revenues in 2023 went to energy efficiency programs, which have received 56% of the system’s cumulative investments. By contrast, 15% of the 2023 investments (and 15% of the all-time investments) went to “direct bill assistance,” i.e. lowering utility bills.
Carbon dioxide emissions from the power sector have fallen by 40% to 50% in the RGGI territory since the program began — faster than in the U.S. as a whole.
That’s in part because the areas covered by RGGI have seen some of the sharpest transitions away from coal-fired power. New England, for instance, saw its last coal plant shut down late last year.
But it’s not always easy to figure out what was the effect of RGGI versus broader shifts in the energy industry. In the emissions-trading system’s early years, allowance prices were very low, and actual emissions fell well below the cap. That was largely due to factors affecting the country as a whole, including sluggish demand growth for electricity. The fracking boom also sent natural gas prices plunging, accelerating the switch from coal to gas and decelerating carbon dioxide emissions from the power sector (although this effect may have been more limited in the RGGI region, much of which has insufficient natural gas pipeline capacity).
That said, RGGI still might have helped tip the scales, Dallas Burtraw, a senior fellow at Resources for the Future, told me.
“It takes only a modest carbon price to really push out coal,” he said, pointing to the experience of RGGI and arguing that it could be replicated in other states. A 2016 paper by Man-Kuen Kim and Taehoo kim published in Energy Economics found “strong evidence that coal to gas switching has been actually accelerated by RGGI implementation.”
That trick doesn’t work as well now as it used to, though. “For the first 10 years or so, the primary margin for achieving emission reductions was substitution from coal to gas,” Burtraw told me. Then renewables prices began to drop “precipitously” in the early 2010s, opening up the opportunity for more thoroughgoing decarbonization beyond just getting rid of coal. “Going forward, I think program advocates would say that now you’re seeing the move from gas to renewables with storage,” he said.
When RGGI went through its regular program review in 2012 (these happen every few years; the third was completed last year), the target had to be wrenched downward to account for the actual path of emissions, which had dropped far more quickly than the cap.
“Soon after the start of RGGI, it became apparent that the number of allowances in the emissions budget was higher than actual emissions. Allowance prices consequently dropped, making it particularly inexpensive to purchase allowances and bank them for use in later periods,” a case study published by the Environmental Defense Fund found. In other words, because there was such a gap between the proscribed cap and actual emissions, generators had been able to squirrel away enough allowances to make future caps ineffective.
The arguments against the RGGI have been relatively constant and will be familiar to anyone following debates over energy and climate policy: RGGI raises prices for consumers, its opponents say. It pushes out reliable and cheaper energy sources, and thereby threatens jobs in fossil fuel generation and infrastructure. Also the particulars of how a state joins or exits the group have often come up for debate.
Three states have proved troublesome, including one original member and two later joiners: New Jersey, Virginia, and Pennsylvania. All three states are sizable energy consumers, and Virginia and Pennsylvania have substantial fossil fuel infrastructure and production.
New Jersey quickly expressed its discontent. In 2011, New Jersey’s Republican Governor Chris Christie decided to take the state out of the market, saying that it was unnecessary and costly. Democrat Phil Murphy, Christie’s successor, brought it back in 2020 as part of a broader agenda to decarbonize New Jersey’s economy.
Pennsylvania attempted to join next, in 2019, but ran into legal hurdles almost immediately. Governor Tom Wolf, a Democrat, issued an executive order in 2019 to set up carbon trading in the state, and state regulators got to work drawing up rules to allow Pennsylvania to link up with RGGI, formally joining in 2022.
But the following year, a Pennsylvania court ruled that the state was not able to participate because the regulatory work ordered by Wolf had been approved by the legislature. The case worked its way up to the state’s highest court last spring, but got tossed in January after Governor Josh Shapiro, a Democrat, made a budget deal with the state legislature late last year removing Pennsylvania from RGGI once and for all — more on that below.
Virginia was the last new state to join in 2020, under Democratic Governor Ralph Northam, who said that by joining, Virginia was “sending a powerful signal that our commonwealth is committed to fighting climate change and securing a clean energy future.” A year later, however, Northam lost the governorship to Republican Glenn Youngkin, who removed Virginia from RGGI at the end of 2023.
Youngkin described the exit — technically a choice made by state regulators — as a “commonsense decision by the Air Board to repeal RGGI protects Virginians from the failed program that is not only a regressive tax on families and businesses across the Commonwealth, but also does nothing to reduce pollution.”
Pennsylvania fits uneasily into the Northeastern–blue hue of the RGGI’s core states. It’s larger than any state in the system besides New York, right down the center politically, and is a substantial producer and exporter of electricity, much of it coming from fossil fuels (and nuclear power). It also has lower electricity costs than its neighbors to the east.
Pennsylvania’s governor, Josh Shapiro, is widely expected to run for the Democratic presidential nomination in 2028, and has put reining in electricity costs at the center of his messaging of late. He sued PJM, the mid-Atlantic electricity market at the end of 2024, and won a settlement to cap costs in the system’s capacity auctions. He also helped negotiate a “statement of principles” with the White House in order to potentially get those caps extended. And earlier this month, he met with utility executives “to discuss steps they can take to lower utility costs and protect consumers,” Will Simons, a spokesperson for the governor, said.
Pennsylvania’s permanent and undisputed inclusion in the RGGI system would be a coup. Unlike its neighbor RGGI states, including Maryland, Delaware, New Jersey, and New York, Pennsylvania still has a meaningful coal industry, meaning that its emissions could potentially fall substantially with a modest carbon price. It would also provide some relief to the rest of the system by notching significant emissions reductions at lower cost, meaning that electricity prices would likely be minimally affected or even go down, according to research done in 2023 by Burtraw, Angela Pachon, and Maya Domeshek.
“Pennsylvania is the source of a lot of low-cost emission reductions precisely because it still retains that coal-to-gas margin,” Burtraw said. “It looks the way the Northeastern states looked 15 years ago.”
But alas, it won’t happen. As part of a budget deal with Republicans reached late last year, Pennsylvania exited RGGI. That Shapiro would be willing to sacrifice RGGI isn’t shocking considering his record — when he ran for governor in 2021, he often put more emphasis on investing in clean energy than restricting fossil fuels. As governor, he has pushed for regulatory reforms, and even a Pennsylvania-specific cap and trade program, but Senate Republicans made RGGI exit the price of any energy policy talks.
Virginia may be ready to return to the fold.
“For me, this is about cost savings,” newly installed governor Abigail Spanberger said in her inaugural address. “RGGI generated hundreds of millions of dollars for Virginia — dollars that went directly to flood mitigation, energy efficiency programs, and lowering bills for families who need help most.” Furthermore, “withdrawing from RGGI did not lower energy costs,” she said. “In fact, the opposite happened — it just took money out of Virginia’s pocket,” referring to lost gains from RGGI auctions. (Research by Burtraw, Maya Domeshek, and Karen Palmer found that RGGI participation was the “lowest-cost way” of achieving the state’s statutory emissions reductions goals and that the funded investment investments in efficiency will likely drive down household costs.)
Virginia’s newly elected Attorney General Jay Jones also reversed the position of his Republican predecessor, signing on to litigation against Youngkin’s withdrawal from the program, arguing that the governor lacked the legal authority to withdraw from the program in the first place —the inverse of Pennsylvania’s legal tangle over RGGI.
New Jersey, too, has a new governor, Democrat Mikie Sherrill. In a set of executive orders, signed before she had even finished her inaugural address, Sherrill directed New Jersey economic, environment, and utility regulatory officials to “confer about the use of Regional Greenhouse Gas Initiative … proceeds for ratepayer relief,” and “include an explanation of how they intend to address ratepayer relief in the 2026-2028 RGGI Strategic Funding Plan.”
Ratepayers are already due to receive RGGI funding under New Jersey’s current strategic funding plan, as are environmental protection and energy efficiency programs, renewable and transmission investments, and a grab-bag of other climate related projects. New Jersey utility regulators last fall made a $430 million distribution to ratepayers in the form of two $50 bill credits, with additional $25 a month credits for low-income ratepayers.
The evolution of RGGI — and its use by New Jersey to reduce electricity bills in particular — shows how carbon mitigation programs have had to adapt to political realities.
“In the political context of the moment, I think it’s totally fair,” Burtraw told me of Sherrill’s plan. “It’s the worst good idea of what you can do with the carbon proceeds. Everybody in the room can come up with better ideas: Oh, we should be doing this investment, or we should be doing energy efficiency, or we should subsidize renewables. Show me that those ideas are a higher value use for that money and I’m all in. But we could at least be doing this.”
What remains to be seen is whether other states pick up the torch from Sherrill and start using RGGI as a way to more directly combat electricity price hikes. Her actions “could create ripple effects for other states that may face similar concerns,” Olivia Windorf, U.S. policy fellow at the Center for Climate and Energy Solutions, told me.
While RGGI tends to be in the news in the individual states only when there’s some controversy about entering or exiting the program, “the focus on electricity prices and affordability is putting a new spotlight on it,” Windorf said.
More aggressive or creative uses of the proceeds would put RGGI closer to the center of debates around affordability. “I think it will help address affordability concerns in a way that's really tangible,” Windorf said. “So it’s not abstract how carbon markets and RGGI can help through this time of load growth and energy transition. It can be a tool rather than a burden.”
The Army Corps of Engineers is out to protect “the beauty of the Nation’s natural landscape.”
A new Trump administration policy is indefinitely delaying necessary water permits for solar and wind projects across the country, including those located entirely on private land.
The Army Corps of Engineers published a brief notice to its website in September stating that Adam Telle, the Assistant Secretary of the Army for Civil Works, had directed the agency to consider whether it should weigh a project’s “energy density” – as in the ratio of acres used for a project compared to its power generation capacity – when issuing permits and approvals. The notice ended on a vague note, stating that the Corps would also consider whether the projects “denigrate the aesthetics of America’s natural landscape.”
Prioritizing the amount of energy generation per acre will naturally benefit fossil fuel projects and diminish renewable energy, which requires larger amounts of land to provide the same level of power. The Department of the Interior used this same tactic earlier in the year to delay permits.
Now we know the full extent of the delays wrought by that notice thanks to a copy of the Army Corps’ formal guidance on issuing permits under the Clean Water Act or approvals related to the Rivers and Harbors Act, a 1899 law governing discharges into navigable waters. That guidance was made public for the first time in a lawsuit filed in December by renewable trade associations against Trump’s actions to delay, pause, or deny renewables permits.
The guidance submitted in court by the trade groups states that the Corps will scrutinize the potential energy generation per acre of any permit request from an energy project developer, as well as whether an “alternative energy generation source can deliver the same amount of generation” while making less of an impact on the “aquatic environment.” The Corps is now also prioritizing permit applications for projects “that would generate the most annual potential energy generation per acre over projects with low potential generation per acre.”
Lastly, the Corps will also scrutinize “whether activities related to the projects denigrate the beauty of the Nation’s natural landscape” when deciding whether to issue these permits. That last factor – aesthetics – is in fact a part of the Army Corps’ permitting regulations, but I have not seen any previous administration halt renewable energy permits because officials think solar farms and wind turbines are an eyesore.
Jennifer Neumann, a former career Justice Department attorney who oversaw the agency’s water-related casework with the Army Corps for a decade, told me she had never seen the Corps cite aesthetics in this way. The issue has “never really been litigated,” she said. “I have never seen a situation where the Corps has applied [this].”
The renewable energy industry’s amended complaint in the lawsuit, which is slowly proceeding in federal court, claims the Corps’ guidance will lead to “many costly project redesigns” and delays, “resulting in contract penalties, cost hikes, and deferred revenue.” Other projects “may never get their Corps individual permits and thus will need to be canceled altogether.”
In addition, executives for the trade associations submitted a sworn declaration laying out how they’re being harmed by the Corps guidance, as well as a host of other federal actions against the renewable energy sector. To illustrate those harms they laid out an example: French energy developer ENGIE, they said, was required to “re-engineer” its Empire Prairie wind and solar farm in Missouri because the guidance “effectively precludes” it from getting a permit from the Army Corps. This cost ENGIE millions of dollars, per the declaration, and extended the construction timeline while ultimately also making the project less efficient.
Notably, Empire Prairie is located entirely on private land. It isn’t entirely clear from the declaration why the project had to be redesigned, and there is scant publicly available information about it aside from a basic website. The area where Empire Prairie is being built, however, is tricky for development; segments of the project are located in counties – DeKalb and Andrew – that have 88 and 99 opposition risk scores, respectively, per Heatmap Pro.
Renewable energy developers require these water permits from the Army Corps when their construction zone includes more than half an acre of federally designated wetlands or bodies of water protected under the Rivers and Harbors Act. Neumann told me that developers with impacts of half an acre or less may skirt the need for a permit application if their project qualifies for what’s known as a “nationwide permit,” which only requires verification from the Corps that a company complies with the requirements.
Even the simple verification process for Corps permits has been short-circuited by other actions from the administration. Developers are currently unable to access a crucial database overseen by the Fish and Wildlife Service to determine whether their projects impacts species protected under the Endangered Species Act, which in turn effectively “prevents wind and solar developers from (among other things) obtaining Corps nationwide permits for their projects,” according to the declaration from trade group executives.
But hey, look on the bright side. At least the Trump administration is in the initial phases of trying to pare back federal wetlands protections. So there’s a chance that eliminating federal environmental protections might benefit some solar and wind companies out there. How many? It’s quite unclear given the ever-changing nature of wetlands designations and opaque data available on how many projects are being built within those areas.