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The July 4 heat wave showed just how far the metropolis has to go to reach its decarbonization goals.

New York City’s decarbonization plan has stalled. The events of this year’s Fourth of July weekend all but prove it.
The temperature in the city reached as high as 100 degrees Fahrenheit on Thursday, July 2, the hottest it’s been here in 14 years. As New Yorkers blasted their air conditioners to stay cool, utilities drew on all of New York’s resources to serve the resulting electricity demand for cooling. These included a fleet of dual-fuel power plants, which can burn both oil and natural gas and encompasses many of its peakers, which turn on to deal with spikes of demand.
Those dual-fuel plants pushed over 10 gigawatts of electricity onto the grid on the evening of July 1— about a third of the total load in the state — and hit similar peaks on the 2nd and 3rd. The peaker fleet owned and operated by the New York Power Authority was operational for over two-thirds of the heat wave, which persisted for four consecutive days, while some ran nonstop from 7 a.m. July 2 to 3 a.m. July 4, according to NYPA.
In response to questions about the use of its peakers during the heat wave, a NYPA spokesperson told me, “During times of peak energy demand, like last week’s heat wave, the state’s independent grid operator called upon NYPA’s Small Natural Gas Power Plants to run well beyond their typical usage to meet high energy needs and prevent localized blackouts.”
While specific generator information is a protected trade secret, they said, “capacity suppliers are critical resources to meet system peak loads like those experienced during the recent heatwave.”
And yet still, over 100,000 people lost power during the heat wave. Real-time electricity prices in the area of the New York grid that includes the city got as high as $1,465 per megawatt-hour on the evening of July 3, according to data collected by Grid Status.
At the same time, the latest addition to New York’s non-carbon electricity generation fleet, a transmission line from Quebec that can transmit up to 1,250 megawatts known as the Champlain Hudson Power Express, was struggling. It experienced an unplanned outage on July 1, the first day of the heat wave, followed by a second outage beginning on July 4 that still had not been resolved as of Friday.
Since 2014, the city has had an aspirational goal of reducing emissions by 80% of its 2005 levels by 2050. CHPE was a major part of that plan, which also included offshore wind and utility-scale solar. There has been progress: Of the 1,000 megawatts of solar the city aims to have installed by 2030, about two thirds have been built. Even so, about 90% of New York City’s electricity came from fossil fuels in 2025, according to the city’s comptroller.
Why the difficulty decarbonizing? Blame a mixture of policy and geography. New York City is dense and has a lot of old buildings with old heating systems. Reducing consumption of fossil fuels requires getting cars off the road (congestion pricing) and retrofitting buildings with electric appliances (Local Law 97).
But that’s the demand side — the supply side is far trickier. Utility-scale non-carbon-emitting power on the orders of hundreds of megawatts or a gigawatt will have to be built elsewhere and piped in via transmission lines. That means offshore wind, solar (ideally with battery storage), and maybe one day nuclear power.
To the extent New York City can build solar and storage locally, it means dealing with a thicket of building regulations and local opposition. Efforts to shut down or replace peaker plants in the city have run into a brick wall at the New York Independent System Operator, which has declared that at least some peakers will have to stay online through the end of the decade to maintain system-wide reliability.
The only other new source of carbon-free power currently under construction is the offshore wind project Empire Wind, due to come online in 2027. NYISO said last year that without CHPE, Empire, and two local transmission projects planned to enter service by 2030, New York City would be “deficient in the summer” through 2030.
Of course developers have scrapped several other offshore wind projects over the years, whether due to problems procuring the right size turbine or the Trump administration buying out their lease. And though New York Governor Kathy Hochul pledged last summer to develop at least a gigawatt of new nuclear capacity in the northern region of the state, that is probably a decade away from fruition.
Meanwhile the Clean Path transmission line, which was meant to connect New York City to several gigawatts of new wind, solar and hydropower, saw its contracts canceled in late 2024 as its projected costs continued to rise. Last year, utility regulators shut down an effort by the state-run New York Power Authority to take it over as a “priority transmission project,” questioning whether it was “needed expeditiously” to meet downstate reliability needs and arguing that the project “will not be needed to serve substantial amounts of generation until well after 2033, and possibly not until 2040.”
While the city has some utility-scale battery storage systems, would-be developers have faced intense local opposition. Fullmark Energy, for instance, scrapped a planned 650-megawatt storage project after protests from political figures, including frequent mayoral candidate Curtis Sliwa. A dispute over another battery storage project in Queens has escalated into accusations of assault leveled by Councilmember Phil Wong, who called for a criminal investigation into what he said was an assault by a contractor for a project against his staffer.
So what’s left for New York City to do?
Any near-term progress will likely come from increasing efficiency and adding marginal generation capacity, as opposed to large-scale new projects and decommissioning of power plants.
“We need to max out our energy efficiency gains from Local Law 97,” former New York City Chief Climate Policy Advisor Daniel Zarrilli told me, referring to a 2019 law mandating steep reductions in emissions from large buildings in the city, which came into effect two years ago. He also called for a further“push on batteries and behind the meter solar, clean energy, and energy efficiency.”
Already across the state, behind-the-meter solar is shaving off peak power demand. On the afternoon of July 2, behind-the-meter solar accounted served about 4.5 gigawatts to users, according to NYISO and Grid Status data.
Going forward, Zarrilli said, the city should use its purchasing and planning power — as it did with CHPE — for projects like resurrecting Clean Path. “We need to be starting now. Maybe it’s not by 2030, but soon after we could be getting the benefit of that.”
“Battery developers started to see interconnection costs that were around 30 or 40 times what is standard,” Patrick Robbins, director of the Utility Customers Association told me. “It just means that new battery projects completely don’t pencil out and so we have a de facto moratorium on new [battery] projects.”
Advocates for solar and storage have blamed Con Edison for the city’s slow progress there, claiming that changes in the interconnection process have made it essentially cost prohibitive for battery storage developers to move forward on new projects.
Some of these fights have landed in front of New York’s Public Service Commission. In a filing, the city cited data from Con Edison showing that “the interconnection costs for some projects … have increased by thousands of percent,” citing one project whose interconnection costs jumped from $640,000 to over $35 million due to changes in how Con Edison attributed grid costs from new projects.
"Battery storage is essential to New York's clean energy future, and Con Edison strongly supports the development of energy storage when projects are deployed at the right locations, at the appropriate scale, and with operating parameters that provide the greatest benefit to customers and the electric grid,” a Con Edison spokesperson told me. “Because grid constraints vary across our system — from neighborhood‑level distribution lines to major transmission corridors — the location of a battery ultimately determines how much benefit it can deliver to the grid and to customers.”
There were 115 megawatts of battery storage operational in New York City at the end of last year, according to Con Edison, and 865 megawatts of projects with interconnection agreements. Peak load in the region is about 10,000 megawatts, meaning that these new projects would meaningfully alter the way the utility serves its customers.
Con Edison has claimed in a regulatory filing that the concentration of projects could lead to “significant impacts from BESS charging on infrastructure upstream of primary feeders,” necessitating the changes to its interconnection process. The city claimed in its filing that the added cost has “understandably chilled ongoing development activity at a time when New York City needs more supply resources capable of serving peak demand.”
When I reached out to the Mayor’s Office of Climate & Environmental Justice about the dispute, I received a statement in return from New York City Chief Climate Officer Louise Yeung: “Expanding battery storage capacity will be critical to New York City’s clean energy future, as extreme climate events continue to strain our grid system,” she said. “The City is working across agencies and communities to ensure battery energy storage projects are deployed safely and can provide reliable power when New Yorkers need it most.”
As for residential solar and storage, it will likely take years for those distributed resources to become a regular part of New York City’s energy landscape. There’s only one fully permitted and approved residential storage system allowed in New York City, which was installed earlier this year by Brooklyn Solar Works. Negotiating approvals with city agencies including the Department of Buildings and the New York City Fire Department took around six years, the company’s vice president of sales, Steve Nelson, told me.
“It’s New York City. We’re expecting there to be some level of bureaucracy and some lift to get that stuff approved,” Nelson said. “But what we also lack is a ready, readily accessible residential battery that meets the criteria that these departments have set.”
All that adds up to both a practical and a political gap for decarbonization, Zarrilli told me.
“Batteries are a great way to connect the climate agenda and the affordability agenda, and it’s in the mayor’s control — it’s the regulatory apparatus at FDNY,” he said. “That’s a big near-term play that I think would make a big difference.”
Earlier this year, New York City Councilmember James Gennaro introduced a bill to amend the fire code to relax some battery storage permitting and safety requirements. But that still leaves the city’s decarbonization advocates with many big fish to fry.
“It’s a challenging future that’s still out in front of us, and how to navigate that is really difficult. But it’d be good if we were actually aligned on what our goals were as a society,” Zarrilli said.
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.