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Unpriced risk undermined the global economy during the financial crisis of 2008. Today, researchers say unpriced physical climate risk will lead to rapid declines in property values — and point out that this is already happening in some Florida markets. They often compare what’s happening now to the run-up to 2008. If the analogy holds, we will likely see disruption in other related financial structures. In particular, as the physical reality of climate change begins to have an effect on the attractiveness of bonds in risky areas, the ability of local governments to raise money to adapt to rapidly changing climate conditions may be undercut.
But comparing the effect of the 2008 unpriced risk on the municipal bond market with the potential effects of physical climate risk shows the suffering will likely be much greater this time. Today, there’s a direct, rather than indirect, connection between risk and public finance markets.
The solution? Last week, Tom Doe, CEO and founder of Municipal Market Analytics, said cities should act now to raise as much money as possible for adaptation before the municipal bond market starts pricing in physical climate risk. It’s only going to get more expensive later, in his view.
During the 2008 collapse, issuers of municipal bonds suffered. According to the final report on the crisis, New York State was stuck making suddenly skyrocketing interest payments to investors — the rate went from about 3.5% to more than 14% — on $4 billion of its debt. The Port Authority of New York and New Jersey’s interest rate went from 4.3% to 20% in a single week. Investors who had bought municipal bonds in auctions suffered too, because the pool of new buyers dried up very quickly in early 2008.
Since then, the muni market has bounced back in a big way, with professional investment managers urging tax-avoidant retail investors to buy individual bonds through separately managed accounts rather than through a mutual bond fund or an exchange-traded fund. Most people think $500 billion in bond issues is likely in 2025, and the group of buyers has a seemingly unending appetite for what they perceive to be safe and highly liquid investments — essentially the equivalent of money market accounts that promise federal tax-free interest payments.
But the risks now posed by physical climate change to municipal bond issuers and investors are different and likely greater than they were in 2008. The last time around, the municipal bond market suffered because of a domino effect — the insurance companies the issuers were using were exposed to mortgage risk.
According to the Financial Crisis Inquiry Report, so-called “monoline” insurers (writing policies for single financial structures rather than a broad array of products) had gotten into the mortgage-backed securities business, issuing a boatload of guarantees covering more than $250 billion of these structured products. The CEO of one of these monoline businesses, Alan Roseman of ACA, said, “We never expected losses. ... We were providing hedges on market volatility to institutional counterparties.” In other words, ACA believed its risk was limited because it wasn’t directly investing in the underlying assets — that its risk was limited to ups and downs in the market value of the mortgage-backed securities. But when the value of huge numbers of mortgage-backed securities plunged as the credit rating agencies woke up and repriced the risk of the subprime mortgages buried within them, ACA and other insurers were faced with stunning losses.
Those same insurers (MBIA, ACA, Ambac) were then substantially downgraded. And they hadn’t been insuring only mortgage-backed securities — they were also insuring municipal bonds and “auction rate securities” based on those bonds, structures that allowed local governments to borrow money at variable interest rates. When the insurance companies froze up because of the sudden repricing of mortgage-backed securities and their guarantees became worthless, the auction markets froze, as well. As a result, issuers of muni bonds (and investors in them) suffered.
In other words, in 2008, it was risk in a different financial arena — mortgage-backed securities guaranteed by insurance companies — that slopped over and caused problems for municipal bonds. By contrast, when it comes to physical climate change today, the municipal bond market is directly exposed to the central risk: Will the communities that effectively guarantee these bonds continue to be viable? Will these communities be insurable? Will community property values and thus property taxes suddenly decline?
Not only that, the 2008 risk was different because it could be eventually unwound. Property markets could get going again, as they have in spades. This time, deterioration of the underlying asset — the communities themselves — will likely be irreversible. Chronic flooding will not cease on any human-relevant time scale.
Issuers are not being penalized — yet — for the physical climate risk facing their communities, according to Tom Doe’s conversation with Will Compernolle on the latter’s Simply Put podcast last week. “This risk is not being priced in,” Doe said. “There’s no evidence of that right now. And in addition, the rating agencies have not reflected [physical risk] in their letter scoring of credit risk … so there is not a ratings penalty right now. There’s not a pricing penalty.”
Doe’s suggestion is that local governments may want to get out there and raise as much money as they can for adaptation. “State and local governments who are in harm’s way that need to do this can go to the market right now, and investors are not penalizing them. The market is not. So this is essentially cheap money if they issue [bonds] for these projects today,” Doe said.
That’s one way of looking at the situation. Public money for adaptation is cheap, there’s a lot of it potentially available, and it is much less expensive to raise that money now than it will be once the credit rating agencies and the investors start pricing in physical risk and demanding higher interest payments in exchange for the use of their cash.
It’s a race against time: Eventually, as in 2008, the mispriced risk will be correctly assessed. This time, unlike the last crisis, the harm to the underlying assets will be permanent.
A version of this article originally appeared in the author’s newsletter, Moving Day, and has been repurposed for Heatmap.
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He promised to protect almost a third of the U.S. So far he’s nowhere close.
Over the course of a presidential term, a mature ironwood tree will add only about four inches to its height. Unless you happen to see one during the 10 or 12 days in May that pale pink flowers cover its branches, it’s not a shrub you’re likely to call one of the Sonoran Desert’s most attractive flora — gnarled and hunched, the ironwood lacks both the alien charm of the Joshua tree and the iconic flamboyance of the Saguaro cactus. It makes up for this with its longevity: Some ironwoods growing in the hills east of the Coachella Valley have clung there 400 years longer than California has been a state. Adequately protected, those very same trees could plausibly still be standing for our successors to marvel at in the year 2724 — 175 presidential terms from now.
Who knows if they’ll still talk about President Joe Biden then — in 700 years, he’ll be as deep in the past as Edward II of England is now. But if those ironwood trees are still standing, it could be because of him. Biden has called the fight against climate change the defining cause of his presidency, and he views conservation and the preservation of biodiversity as part and parcel of that legacy. His 30x30 executive order — which aims to set aside 30% of America’s lands and waters for conservation by 2030 — was a week-one priority once he took office.
Among his best remaining opportunities to add to his tally would be the designation of Chuckwalla National Monument, a 660,000-acre stretch of desert south of Joshua Tree National Park that is home to one-fifth of the ironwood trees left in the world. The same goes for a sacred and culturally significant region in the southwest corner of California called Kw’tsán; about Sáttítla, a vulnerable volcanic landscape near Mt. Shasta; about the Owyhee, a million-acre Oregon watershed that sits in the crosshairs of mining and energy development; and about the homestead in Maine that belonged to Frances Perkins, the first woman to serve in the U.S. cabinet. The list goes on.
But with less than two months until Biden’s move-out day, environmental advocates are starting to wonder whether he’ll ever get around to fulfilling his promise.
“There are still several national monument campaigns that are ready to go and awaiting the president’s signature, and those are the sorts of things that could cement President Biden’s legacy as one of the great conservation presidents of all time — if he takes those steps here in the last few weeks,” Aaron Weiss, the deputy director of the Center for Western Priorities, a nonpartisan conservation advocacy group, told me.
When Biden took office in 2021, roughly 293 million acres of the United States fell under the protection of various federal laws, about 12% of his 30% goal. Since then, Biden has set aside another 1%, or 37 million acres, for protection, including about 1.6 million acres of new monuments under the Antiquities Act. So far, Biden has protected slightly less land than President Bill Clinton did in his first term, per the Center for Western Priorities’ accounting. And every day that passes matters; the Center for American Progress has found that the U.S. loses a football field’s worth of natural area every 30 seconds.
Still, conservationists have celebrated Biden’s moves to set aside the National Petroleum Reserve and the Tongass National Forest in Alaska, and to expand Berryessa Snow Mountain National Monument and San Gabriel Mountains National Monument in California. “When you look at it from a traditional land protection perspective, I think [the Biden administration has] a strong record,” Chris Wood, the president and chief executive officer of the conservation group Trout Unlimited, told me.
And Mustafa Santiago Ali, the executive vice president of the National Wildlife Federation, also told me not to discount Biden’s designation of the Springfield 1908 Race Riot National Monument in Illinois, the Emmett Till and Mamie Till-Mobley National Monument in Illinois and Mississippi, and Baaj Nwaavjo I’tah Kukveni — Ancestral Footprints of the Grand Canyon National Monument in Arizona, even though they don’t add substantial acreage to his totals. “Folks may not pay attention to how important those monuments are — honoring folks who have sacrificed in the past,” Ali said. Weiss, likewise, commended Biden and Secretary of the Interior Deb Haaland for “acknowledging that you need Indigenous stewardship to lead and be central to all public land management decisions.”
As the remaining weeks of Biden’s tenure quietly tick by, there is increasing anxiety about whether and when the president will reach for the Antiquities Act again. Kristen Brengel, the senior vice president of government affairs at the National Parks Conservation Association, told me she hopes Biden will announce at least two more national monuments between now and January 20.
Ultimately, though, when it comes to the question of how much land Biden will choose to set aside in the waning days of his administration, “the limiting factor is time,” Ryan Houston, the executive director of the Oregon Natural Desert Association, which has campaigned extensively for the designation of an Owyhee National Monument, told me. “If we don't take action before Inauguration Day in January, then we’re entering at least a two-, four-, or six-year period where there won’t be opportunities to follow through and protect the Owyhee,” Houston went on. “And that sets us back a long way.”
Organizers don’t get a tip-off ahead of time about where or what the Biden administration is considering. Chuckwalla, with its ironwood trees, rare reptiles, cultural sites, and Joshua Tree-adjacent wildlife corridors, seems likely — Haaland visited it this spring, a portentous sign according to advocates. Other would-be monuments like the Owyhee in Oregon are less certain and may attract executive attention only if Congress fails to roll it into a public lands omnibus bill expected by the end of the year.
The clock has already run out for other key components of Biden’s conservation legacy. “In the first month of his presidency, it seemed like it would be great,” Brendan Cummings, the conservation director of the Center for Biological Diversity, a nonprofit focused on endangered species protections, told me. With the president’s 30x30 executive order and his pause on federal fossil fuel leasing, it’d “seemed like he was going to live up to his promises.”
Then came the Willow Project approval, new LNG export terminal sign-offs, and so many new oil and gas permits that Biden surpassed even Trump. “One of the few areas where Biden has actually been excellent is national monuments,” Cummings conceded. “But everything else is sort of this mix of muddled middle or profoundly disappointing.” He added, “Trump took us two steps back, and Biden took us one step forward — so we’re still behind at the end of the day.”
Though the other advocates I spoke with for this story weren’t as sour on Biden’s record as Cummings, many had a wishlist of items they’d hoped Biden would address. Brengel of the NPCA had hoped there’d be more climate resiliency funding for the National Parks, which have “been on the frontlines of dealing with some of the most dramatic effects of climate change.” Wood, at Trout Unlimited, was holding out for the creation of a federal fund to deal with the legacy of abandoned minds via a royalty on hard rock metals, the only commodity produced from public lands that doesn’t have a surcharge or tax. Weiss of Western Priorities wanted to see action on livestock grazing reforms.
It’s hard to feel too frustrated with the Biden administration, though. Much of 2021 and 2022 were spent addressing Trump administration policies and roll-backs, including restoring protections for Bears Ears and Grand Staircase-Escalante National Monuments. Biden’s executive powers had their limits, too. While one of his administration’s conservation wins had been blocking the culturally significant lands around New Mexico’s Chaco Canyon from new oil and gas leasing, Trump will have a relatively straightforward path to reopening it to drilling if he so chooses. “I think with the cards that we had in our hands, Deb Haaland and Biden have done everything they could do to protect this area,” Paul F. Reed, a preservation archaeologist with Archaeology Southwest, which campaigned to protect Chaco Canyon, told me. But “short of congressional action, this area will continue to be a political football.” The same may again be true for Bears Ears and Grand Staircase-Escalante.
There is better Trump-proofing elsewhere. Jenny Rowland-Shea, the director of public lands at the left-leaning advocacy group the Center for American Progress, told me that for Trump to unwind Biden’s protections in the Arctic, which were established via a lengthier rule-making process, the incoming president would have to prove that the science behind the ecology subsistence isn’t valid — a bigger lift. It’s part of why she feels comfortable calling Biden’s actions in the Arctic one of the more significant pieces of his conservation legacy.
Others pointed to the Bureau of Land Management’s Public Lands Rule, which put conservation on equal footing with other land uses like drilling this past spring, as the real gift that Biden leaves behind. Wood, of Trout Unlimited, told me that what he hopes will outlast the 46th president is Biden’s approach to looking at conservation as a part of natural resiliency, the effort to “make our lands more resistant to floods, fires, and drought.” Meanwhile, Ali of NWF told me his wish is that future presidents will use Biden’s accomplishments as a “north star” to measure themselves against and surpass.
But Cummings of the Center for Biological Diversity believes there is only one way for Biden to cement his legacy in the remaining weeks he has in office. “Almost everything the president does gets forgotten,” he said. “But the land that a president protects is forever.”
Companies are racing to finish the paperwork on their Department of Energy loans.
Of the over $13 billion in loans and loan guarantees that the Energy Department’s Loan Programs Office has made under Biden, nearly a third of that funding has been doled out in the month since the presidential election. And of the $41 billion in conditional commitments — agreements to provide a loan once the borrower satisfies certain preconditions — that proportion rises to nearly half. That includes some of the largest funding announcements in the office’s history: more than $7.5 billion to StarPlus Energy for battery manufacturing, $4.9 billion to Grain Belt Express for a transmission project, and nearly $6.6 billion to the electric vehicle company Rivian to support its new manufacturing facility in Georgia.
The acceleration represents a clear push by the outgoing Biden administration to get money out the door before President-elect Donald Trump, who has threatened to hollow out much of the Department of Energy, takes office. Still, there’s a good chance these recent conditional commitments won’t become final before the new administration takes office, as that process involves checking a series of nontrivial boxes that include performing due diligence, addressing or mitigating various project risks, and negotiating financing terms. And if the deals aren’t finalized before Trump takes office, they’re at risk of being paused or cancelled altogether, something the DOE considers unwise, to put it lightly.
“It would be irresponsible for any government to turn its back on private sector partners, states, and communities that are benefiting from lower energy costs and new economic opportunities spurred by LPO’s investments,” a spokesperson wrote to me in an email.
The once nearly dormant LPO has had a renaissance under the Biden administration and the office’s current director, Jigar Shah. The Inflation Reduction Act supercharged its lending authority to $400 billion, from just $40 billion when Biden took office. Then a week after the election, the office announced that it had recalibrated its risk estimates for the loan guarantees that it makes under the Energy Infrastructure Reinvestment program, which works to modernize and repurpose existing energy infrastructure to make it cleaner and more energy efficient. As the office explained, these projects “may reflect a relatively moderate risk profile in comparison to typical projects LPO finances with higher project risk.” When there’s less risk involved, LPO doesn’t have to set aside as much money to cover a possible default, which in this case has allowed the office to more than quadruple its funding for qualifying projects.
It’s not just that LPO staffers are working fast, though that’s part of it — it’s also that loan beneficiaries have picked up their pace in responding to the LPO. As Shah emphasized today at the LPO’s second annual Demonstrate Deploy Decarbonize conference, finalizing conditional commitments largely depends on companies getting their ducks in a row as quickly as possible. “I do think that right now borrowers are sufficiently motivated to move more quickly than they have probably a year ago,” Shah said. “It's up to the borrowers. Our process hasn’t changed. Their ability to move through it faster is in their control.”
Shah noted that though timelines may be accelerating, the office’s due diligence procedures have remained the same. Thus far, the project that has moved the fastest from a conditional commitment to a finalized loan was for a clean hydrogen and energy storage facility in Utah. That took 43 days, and there are 46 left in Biden’s presidency. Let’s see what the LPO can do.
A conversation with Tim Brightbill of Wiley Rein LLP
Today we’re talking with Tim Brightbill, a trade attorney at Wiley Rein LLP and lead counsel for a coalition of U.S. solar cell and module manufacturers – the American Alliance for Solar Manufacturing Trade Committee. Last week, his client won a massive victory – fresh tariffs on south Asian solar panel parts – on the premise that Chinese firms are dumping cheap products in the region to drive down prices and hurt American companies. It’s the latest in a long series of decadal trade actions against solar parts with Chinese origin.
We wanted to talk to Tim about how this move could affect developers, if an America-first strategy could help insulate solar from political opposition, and how this could play out in next year’s talks over the future of the IRA. The following conversation was lightly edited for clarity.
If you were talking to a developer, what would you tell them should be their takeaway?
I think the takeaway is that these determinations appear to go a long way toward addressing the unfair trade that’s been present in solar panels, solar cells, for more than a decade. And I think these duties do send a signal that will help build up domestic manufacturing. We’ve seen historic investment next to the Inflation Reduction Act in U.S. solar manufacturing facilities – in places like Georgia with QCells, in Ohio for First Solar – and we’re at a critically important point here.
Those investments were being undercut by this unfair trade by these Chinese-owned companies. We think now hopefully that will be addressed and that should lead to a bright future for solar deployment, the growth of solar power in the United States.
How does the pursuit of a fairer trade landscape globally in the broader sense impact support for solar energy in the U.S.? I hear often that a “made without China” approach can shore up support for renewables. Do you find that to be the case?
Definitely, I find that to be the case.
The U.S. industry invented solar technology and perfected it. And then unfortunately, it was virtually wiped out due to the unfair trade practices of China and these Chinese-owned companies. If we want to have solar and not be dependent on other countries for renewable energy needs, the best way to do that is to have a strong manufacturing base and a strong supply chain.
What do you think the direction of this is going to be under the next administration? Even more ratcheting up of trade measures?
Well the trade laws are a calculation, right? They’re based on rules, they’re not political. I don’t expect this administration to necessarily change individual trade cases. But I do think trade policy will change in a way that tries to address these Chinese-owned companies that undercut the rest of the world.
For example, the IRA provides right now potential benefits for any company that sets up shop here, even if they are owned by a foreign entity of concern. That seems like something this administration is going to address. If you’re going to receive IRA money, you should not be affiliated with a foreign entity of concern.
Given the potential for an impact on pricing, combined with the impacts on limiting the tax credits in that way – wouldn’t that make it harder to build projects in the U.S. short term?
I don’t think so. The solar panels themselves are not anywhere close to the majority of the cost of a project. There are so many other things that impact project cost, from permitting to the land. I don’t think this will impact the costs of deployment of solar. It will just give us a more secure supply chain that is either here in the United States or at least more regional in nature, which is going to be better for the industry.
With foreign entities of concern – are you referring to 45X? You’re anticipating that tax credit will change with respect to the IRA?
I expect the Trump administration will focus on that. There are already other related products under IRA where “foreign entity of concern” participation is not allowed for those tax credits. So it seems like a ready fix to ensure that is the same for solar technologies.
Is that bad news, or is that saving the credit?
I don’t think it’s bad news. I think it’s good news. It means more of the credit will be available to U.S. companies and our allies who might want to set up here as well.
If Chinese companies want to come here and set up in the United States, that’s great, but they shouldn’t also receive subsidies because those are the same companies that have harmed our industry with unfair trade for more than a decade.
Okay enough serious talk. Can I ask you a fun question: what was the last band you listened to?
It’s sort of dad rock-ish right now: Spoon. When I get my Spotify Wrapped, it’s going to be Spoon. That’s my favorite rock band right now.