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Why Patagonia, REI, and just about every other gear retailer are going PFAS-free.
Hiking gear exists so that, when nature tries to kill you, it is a little less likely to succeed. Sometimes this gear’s life-saving function is obvious — a Nalgene to carry extra water so you don’t die of thirst, or a fist-sized first-aid kit so you don’t bleed to death — while other things you don’t necessarily purchase with the thought that they might one day save your life. Like, say, a small Swiss Army Knife. Or, in my case, a raincoat.
Last summer, on a casual day hike in Mount Rainier National Park, my family was overtaken by a storm that, quite literally, rose up out of nowhere. It had been a sunny, clear day when we left the parking lot; at four miles in, we were being lashed by hail and gale-force winds on an exposed alpine trail, with no trees or boulders nearby for shelter.
Then, one member of our hiking party tripped.
In the split second before she stood up and confirmed she could walk out on her own, my mind raced through what I had in my pack. Stupidly, I had nothing to assemble a makeshift shelter, no warmer layers. But I did have my blue waterproof rainshell. In weather as extreme as the storm off Rainier that day, keeping dry is essential; if we’d had to wait out the rain due to a broken ankle, we’d have become soaked and hypothermic long before help arrived. My raincoat, I realized during those terrifying seconds, could save my life.
But what made my raincoat so trustworthy that day on the mountain could also, in theory, kill me — or, more likely, kill or sicken any of the thousands of people who live downstream of the manufacturers that make waterproofing chemicals and the landfills where waterproof clothing is incinerated or interred. Outdoor apparel is typically ultraprocessed and treated using perfluoroalkyl and poly-fluoroalkyl substances, a class of water- and stain-resistant “forever chemicals” that are more commonly referred to as PFAS (pronounced “pee-fass”). After decades of work by environmental groups and health advocates, states and retailers are finally banning the sale of textiles that have been treated with the chemicals, which in the outdoor industry often manifest in the form of Gore-Tex membranes or “durable water repellent” treatments.
These bans are fast approaching: Beginning in 2025 — less than 12 months from now — California will forbid the sale of most PFAS-treated textiles; New York will restrict them in apparel; and Washington will regulate stain- and waterproofing treatments, with similar regulations pending or approved in a number of other states. Following pressure from activists, the nation’s largest outdoor retailer, REI, also announced last winter that it will ban PFAS in all the textile products and cookware sold in its stores starting fall 2024; Dick’s Sporting Goods will also eliminate PFAS from its brand-name clothing.
This will upend the outdoor apparel industry. Some of the best coats in the world — legendary gear like Arc’teryx’s Beta AR and the traditional construction of the Patagonia Torrentshell — use, or until recently used, PFAS in their waterproofing processes or in their jackets’ physical membranes. Though the bans frequently allow vague, temporary loopholes for gear intended for “extreme wet conditions” or “expeditions,” such exceptions will be closed off by the end of the 2020s. (Patagonia has “committed to making all membranes and water-repellent finishes without [PFAS] by 2025,” Gin Ando, a spokesperson for the company, told me; Arc’teryx spokesperson Amy May shared that the company is “committed to moving towards PFAS-free materials in its products.”)
Even if you aren’t buying expedition-level gear, your closet almost certainly contains PFAS. A 2022 study by Toxic-Free Future found the chemicals in nearly 75% of products labeled as waterproof or stain-resistant. Another study found that the concentration of fluorotelomer alcohols, which are used in the production of PFAS, was 30 times higher inside stores that sold outdoor clothing than in other workplaces.
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The reason outdoor companies have historically loved PFAS so much is simple: The chemicals are unrivaled in their water repellency. PFAS are manufactured chains of fluorine-carbon bonds that are incredibly difficult to break (the precise number of carbons is also used in the naming process, which is why you’ll hear them called “C8” or “C6,” sometimes, as well). Because of this strong bond, other molecules slip off when they come into contact with the fluorine-carbon chain; you can observe this in a DIY test at home by dripping water onto a fabric and watching it roll off, leaving your garment perfectly dry.
It is also because of this bond that PFAS are so stubbornly persistent — in the environment, certainly, but also in us. An estimated 98% to 99% of people have traces of PFAS in their bodies. Researchers have found the molecules in breast milk, rainwater, and Antarctica’s snow. We inhale them in dust and drink them in our tap water, and because they look a little like a fatty acid to our bodies, they can cause health problems that we’re only beginning to grasp. So far, PFAS have been linked to kidney and testicular cancer, decreased fertility, elevated cholesterol, weight gain, thyroid disease, the pregnancy complication pre-eclampsia, increased risk of preterm birth and low birth weight, hormone interference, and reduced vaccine response in children.
Chemical companies and industry groups often argue that certain PFAS are demonstrably worse than others; the so-called “long-chain” molecules, for instance, are thought to have higher bioaccumulation and toxicity potential, and have mostly been replaced by “short-chain” molecules. But as Arlene Blum, a pioneering mountaineer and the founder of the Green Science Policy Institute, an environmental advocacy organization that opposes PFAS, told me, “in all the cases that we’ve studied,” forever chemicals have been found “to be harmful in one way or another,” whether they’re short or long.
From a health perspective, the good news is that activists are winning. While initial efforts to protect humans and the environment from PFAS in the mid-2000s resulted only in the voluntary phase-out of long-chain chemicals like PFOA and PFOS, the new laws target the entire class of thousands of compounds to prevent an ongoing game of whack-a-mole with chemical manufacturers. (A recent report by The Guardian found that the chemical industry spent $110 million in the last two U.S. election cycles trying to thwart or slow the various bans.) Public pressure campaigns mounted against ostensibly sustainability-minded companies like REI have prompted store-initiated PFAS bans that will also influence future gear sold in the United States. (REI was long a PFAS laggard, and was even hit in 2022 with a class-action lawsuit over allegedly marketing PFAS-containing clothes as “sustainable.” The company declined to comment for this story. Dick’s Sporting Goods did not respond to requests for comment.)
But as the days tick closer to the first PFAS bans coming into effect in stores this fall, outdoor apparel companies are still scrambling to redesign their clothing. Some alternatives to PFAS do exist — Blum swears by her PFAS-free Black Diamond jacket — though even the most ardent supporters of the forever chemical bans will admit the waterproofing alternatives haven’t 100% caught up yet.
“The main concern that most people have in the industry is the amount of work that it’s going to take to meet these guidelines,” Chris Steinkamp, the head of advocacy at the trade association Snowsports Industries America, told me. “Because PFAS is omnipresent. Unfortunately, they’re pretty much in everything.”
Many outdoor apparel companies genuinely want to comply with the coming bans, Karolína Brabcová, the campaign manager for toxic chemicals in consumer products at Arnika, a Czech environmental non-profit, told me. “It’s not such a matter of greenwashing here,” she said. “It’s more about the fact that you’ve got the chemical industry on one side and the downstream users joining the consumers on the other side. And the downstream users don’t know everywhere the PFAS are being used; it’s a business secret.”
In one case detailed by Bloomberg, the Swedish company Fjällräven had stopped using PFAS in its products, only to learn from a 2012 Greenpeace investigation that the chemicals were still present in its apparel. “A supplier using fluorochemistry on another company’s products was cross-contaminating Fjällräven’s,” the Bloomberg authors write, adding that “subsequent testing revealed” just having “products in stores near products from other companies that used the chemicals still resulted in low levels of contamination.”
It isn’t always the case, however, that clothing manufacturers are unwitting victims of chemical sloppiness. Some apparel companies have taken advantage of the alphabet soup of chemical names to look more sustainable than they are. “We’ve seen in recent years products labeled as ‘PFOA-free’ or ‘PFOS-free,’ which suggests that they do not contain the long-chain PFAS that have largely been phased out from production in the United States,” Blum warned me. “That’s really misleading because oftentimes it’s a signal a product likely contains other PFAS chemicals, which may be just as persistent and may also be quite toxic in production to disposal.”
The reason I could count on my raincoat to protect me in the mountains, though, was because, like most expedition-level gear, it is made of a membrane manufactured by Gore-Tex, with an additional DWR waterproofing finish that also contains PFAS. Gore-Tex is known in the outdoors industry for making the holy grail of performance fabrics: Its membranes are waterproof, durable, and breathable enough to exercise in, a challenging and impressive combination to nail. But to achieve this, the company has traditionally used the fluoropolymer PTFE, a notorious forever chemical you probably know by the trademarked name Teflon.
This technology — or rather, these chemicals — are incredibly and irresistibly good at what they do. “The terrible truth,” Wired wrote in its list of raincoat recommendations updated this past December, “is that if you’re going to be exposed [to inclement weather] for multiple hours, you are probably not going to be able to rely on a [PFAS]-free DWR to keep hypothermia at bay.”
When I reached out to Gore-Tex about its use of PFAS, company spokesperson Julie Evans told me via email that “there are important distinctions among materials associated with the term PFAS” and that the fluoropolymers Gore uses, such as PTFE, “are not the same as those substances that are bioavailable, mobile, and persistent.” She stressed that “not all PFAS are the same” and that PTFE and the other fluoropolymers in the Gore arsenal meet the standards of low concern, and are “extremely stable and do not degrade in the environment,” are “too large to be bioavailable,” and are “non-toxic [and] safe to use from an environmental and human perspective.” The National Resource Defense Council, by contrast, writes that PFAS polymers like PTFE, “when added as a coating or membrane to a raincoat or other product, can pose a toxic risk to wearers, just as other PFAS can.”
Some of the environmental health advocates I spoke with said Gore-Tex’s language was misleading. Mike Schade, the director of Toxic-Free Future’s Mind the Store program, which pressures retailers to avoid stocking items that use hazardous chemicals, told me that while it is “laudable that the company has phased some PFAS out of their products … what we’re concerned about is the entire class. We think it’s misleading to consumers and to the public to suggest that other PFAS are not of environmental concern.”
Blum, of the Green Science Policy Institute, admitted that while “probably your Gore-Tex jacket won’t hurt you” — there is limited evidence that PFAS will leech into your body just from wearing it — there’s a more significant issue at the heart of the PFAS debate. “When you go from the monomer to the polymer” in the chemical manufacturing process, she said, it “contaminates the drinking water in the area where it’s made.” The disposal process — and especially incineration, a common fate for discarded clothing — is another opportunity for PFAS to shed into the environment. People who live near landfills and chemical manufacturing plants in industrial hubs like Michigan and many cities in Bangladesh suffer from PFAS at disproportionate levels.
So then, where do we go from here? Hikers, skiers, mountaineers, fly-fishers — they all still need clothing to stay dry. “Our industry is committed to performance and making sure that the gear that people are sold can live up to the standards that athletes need,” Steinkamp said. “I know that is top of mind, and that’s what’s making [the transition] so hard.”
But it also might be the case that our gear is too waterproof. “When we think about the intended performance of outdoor gear, there’s a lot of expectation that your gear will keep you extremely dry,” Kaytlin Moeller, the regional sustainability manager at Fenix Outdoor North America, the parent company of outdoors brands like Fjällräven and Royal Robbins, told me. “But when we really start to look at it,” she added, “I think part of the question is: What is the level of functionality that is really necessary for the customer to have a positive experience outdoors and be prepared for their adventure?”
It’s probably less than you think; consumers frequently don Everest-level technologies to walk their dogs for 15 minutes in a drizzle. “As responsible creators of products, it’s our job to balance functionality with impact,” Moeller said. “And in terms of [PFAS], it just wasn’t worth the risk and the carcinogenic qualities to continue putting that treatment on our products when there are other innovative coatings and constructions that we can use.”
Those alternatives, like innovative fabric weavings and proprietary waxes, might not sound as high-tech as hydrophobic chemicals. Still, for the vast majority of regular people — and even most outdoor recreators — it’s likely more than enough to stay comfortably dry. “We’ve been going into the outdoors for hundreds and hundreds of years without these chemicals,” Schade pointed out. “We can do it again.”
Luckily for everything and everyone on the planet, new waterproofing products are getting better by the day. Gore-Tex has spent “the better part of the last decade” developing its new PFAS-free “ePE membrane,” Evans told me. Short for expanded polyethylene, ePE is fluorine-free (albeit, derived from fossil fuels) and has been adopted by Patagonia, Arc’teryx, and others in the outdoor industry as a PFAS-free alternative. Evans described it as feeling “a little lighter and softer” than old-school Gore-Tex, but “with all the same level of performance benefits” as the historic products.
Other companies, including Patagonia, have been transparent about their phase-out goals and the ongoing difficulties of the PFAS-free transition; Gin, the Patagonia spokesperson, told me that as of this fall, “92% of our materials by volume with water-repellent chemistries are made without” PFAS, and that the new waterproofing “stands up to the demands of our most technical items.” Deuter, Black Diamond, Outdoor Research, Jack Wolfskin, Mammut, Marmot, and prAna are among other outdoor brands that are working to remove PFAS from their gear.
“We have to work together, collaboratively, if we really want to eliminate them — to the point of the verbiage around being [PFAS]-free,” Moeller stressed. “No one can be [PFAS]-free ‘til everyone in the industry is, because of the risk of cross-contamination.”
Then there are the consumers who will need to adjust. I admit, in the weeks before beginning the reporting for this article, I bought myself another raincoat. It was on sale from one of my favorite outdoor brands, and I was attracted to its aggressively cheerful shade of Morton Salt-girl yellow, which I thought would also help me stand out in the case of a future emergency.
At the time, I hadn’t even thought to check what it was made of; what mattered to me was how, when I slipped it on, I became amphibious — like some kind of marine mammal, slick and impervious to the rain. Stepping out of my front door and into a downpour, I felt practically invincible.
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On the Senate Finance Committee’s budget proposal, the NRC, and fossil-fuel financing
Current conditions: A brush fire that prompted evacuations in Maui on Sunday and Monday is now 93% contained • The Des Moines metro area issued its first-ever ban on watering lawns due to record nitrate concentrations in nearby rivers • For only the fourth time since 1937, Vancouver, British Columbia got no rain at all in the first half of June. The dry streak may finally break tonight.
The Senate Finance Committee published its portion of the budget reconciliation bill on Monday night, including details of its highly anticipated plan to revise the nation’s clean energy tax credits. Though the Senate version slightly softens the House’s proposed phase out of tax credits, “the text would still slash many of the signature programs of the Inflation Reduction Act,” my colleagues Emily Pontecorvo and Robinson Meyer write in their breakdown of the bill. Other changes to be aware of include:
There’s more, too, which you can read here.
President Trump fired Chris Hanson, a Democrat and his first-term appointee to the U.S. Nuclear Regulatory Commission, on Friday. Trump “terminated my position … without cause, contrary to existing law and longstanding precedent regarding removal of independent agency appointees,” Hanson said in his announcement, published Monday. Since the creation of the NRC, which regulates nuclear power, no commissioner has ever been fired from the body.
After being appointed by Trump in 2020, Hanson was promoted to chair the commission by President Biden in 2021. His term ended in January, after which he returned to serving on the board, Notus reports. Trump’s decision to fire Hanson comes on the heels of his recent flurry of executive orders aimed at quadrupling U.S. nuclear capacity, including a measure seeking to “simplify and accelerate the NRC’s licensing procedure, giving the body 18 months to issue new rules and guidance designed to shorten the timeline for processing new applications to 18 months at the longest,” as my colleagues Matthew Zeitlin and Katie Brigham explained last month. News of Hanson’s firing was met with “serious dismay” by attendees of the American Nuclear Society conference underway in Chicago, per Katy Huff, an assistant professor at the University of Illinois at Urbana-Champaign. In a statement, ANS argued that a “competent, effective, and fully staffed [NRC] is essential to the rapid deployment of new reactors and advanced technologies.”
Banks increased fossil fuel financing by more than one-fifth in 2024, marking the first time that fossil fuel financing has failed to decline since 2021, a new report by the Rainforest Action Network and other environmental groups found. Among the world’s top 65 largest banks, coal, oil, and gas assets rose by $162 billion, to $869 billion, with JPMorgan Chase seeing the biggest increase of more than a third to $53.5 billion, followed by Citigroup, Bank of America, and Barclays. In a statement to the Financial Times, JPMorgan said it believed its own data “reflects our activities more comprehensively,” and said it provided $1.29 in clean-energy financing for every dollar financing fossil fuels. However, as the report argues, “Banks are abandoning their previously announced emissions reduction targets in favor of temperature trajectories that allow for more fossil fuel finance. Though they may also increase financing of renewable energy, banks’ continued fossil fuel finance entrenches climate chaos and undercuts clean energy development.” Read the full findings here.
Drivers in Europe are becoming more unwilling to consider switching to an electric vehicle, outpacing even the growing reluctance seen in the United States, according to a new survey published by Shell on Tuesday. In Europe, 41% of respondents said they’d consider switching to an EV, down from 48% last year, while in the U.S., the number fell only 3 percentage points, to 31%. “Europe surprised us,” David Bunch, Shell’s chief for mobility and convenience, said, per Reuters. “The single biggest barrier to entry is the cost of the vehicle.”
While Shell — the world’s second-biggest fossil fuel company by revenue and profit — might seem an unlikely source for an electric vehicle survey, the company also has the most extensive EV charging network in the UK. Its findings weren’t all negative, either: in China, interest in buying an electric vehicle was as high as 89%. Additionally, Shell found that nine in 10 EV drivers would consider purchasing an electric vehicle again, and 60% said they worry less about running out of charge than they did a year ago, Bloomberg reports. Separately, International Energy Agency data shows that electric vehicle adoption continues at a healthy pace worldwide, exceeding 17 million sales globally in 2024, or a share of more than 20%.
Global electric car sales, 2014-2024
IEA
The United Kingdom on Tuesday announced its commitment of £7.9 billion, or more than $10 billion, to the nation’s most extensive flood defense infrastructure program in its history. The program will not only include traditional construction, such as flood barriers, but also nature-based solutions like reforestation and wetland restoration, according to Business Green. In its announcement, the government said that for every £1 invested, it expected to prevent £8 in economic damage. “Protecting citizens is the first duty of any government,” Environment Secretary Steve Reed said in a statement, adding, “As our changing climate continues to bring more extreme weather to the nation, it's never been more vital to invest in new flood defences and repair our existing assets.” Separately, the U.K. Treasury also announced Tuesday a plan to spend £1 billion, or about $1.3 billion, on “funding to repair bridges, tunnels, and flyovers that are facing increased impacts from extreme weather and heavier vehicles,” Business Green adds.
Republicans in Los Angeles who don’t have air conditioning are “more likely to consider climate change a human-caused threat and more likely to support individual and government action to address climate change” than Republicans who have central air, a recent study published by the American Meteorological Society found. There was no similar divide among Democrats.
Wind and solar are out. Clean, firm power is in.
The Senate Finance committee published its highly anticipated tax proposal for Trump’s One Big, Beautiful Bill on Monday night, including a new plan to revise the nation’s clean energy tax credits.
Senate Republicans widened the aperture slightly compared to the House version of the bill, extending tax credits for geothermal energy, batteries, and hydropower, and preserving “transferability” — a crucial rule that allows companies to sell their tax credits for cash — for years to come.
But the text would still slash many of the signature programs of the Inflation Reduction Act. It would be particularly damaging for Republicans’ goals of creating a domestic mining industry, because it kills incentives for refining critical minerals while yanking away subsidies for the electric cars and wind turbines that might use those minerals.
Consumer tax credits for energy efficiency upgrades, including heat pumps, would still be terminated, as would credits for homeowners to lease or purchase rooftop solar. The Senate bill also cuts a tax deduction for energy efficiency upgrades in commercial buildings one year after the bill’s passage, which was not in the House version.
There was no mercy for the IRA’s tax credit to produce clean hydrogen, despite a last-minute appeal from more than 250 organizations in early June. That policy would still be terminated this year.
Here’s a rundown of the rest of the major changes.
Like the House bill, the Senate’s proposal would terminate tax credits for new, used, and leased electric vehicles. But while the House had extended the program by one year for automakers that had yet to sell 200,000 eligible vehicles, the Senate version would simply end the program in 180 days — or roughly six months — after the bill’s passage.
Depending on when the bill is passed, the Senate version could work out better for some experienced EV automakers, such as Tesla and General Motors. These automakers are set to lose their eligibility for tax credits on December 31 under the House text. But the Senate bill’s 180-day period could allow them to eke out another month or so of eligibility — especially if congressional negotiations over the One Big, Beautiful Bill Act go late into the summer.
Newer EV automakers, such as Rivian or Lucid, come out worse under the Senate text as compared to the House bill since they haven’t sold as many vehicles.
Homeowners interested in electric vehicle chargers would get a longer runway than the House had proposed — but a much shorter one than is on the books right now. Under current law, homeowners can claim the charger tax credit through 2032. The Senate version would terminate the 30% tax credit for installing a home charger one year after the bill is enacted.
The Inflation Reduction Act achieved massive greenhouse gas reductions by including a set of new “technology-neutral” tax credits that subsidized any new power plant as long as it didn’t emit carbon dioxide. Under current law, these new tax credits will remain effective and on the books for decades to come — expiring only when emissions from the country’s power sector fall about 95% below their all-time high.
The Republican reconciliation bills have dismantled these provisions. The House text proposed immediately winding down tax credits for all clean energy sources — except nuclear — and allowed just a 60-day “grace period” for new projects to start construction to claim the credits. Even then, new power plants would have to enter service by 2028 to qualify.
Senate Republicans have countered with a plan that is designed to maintain support for every electricity source that isn’t wind and solar. The GOP Senate caucus favors technologies that can provide power on demand around the clock — such as geothermal, nuclear, hydropower, and batteries — but technically the Senate text allows any zero-carbon, non-solar, non-wind source to qualify for the clean electricity tax credits for the next decade.
The Senate draft erases the provision in the Inflation Reduction Act that would have kept these tax credits in place until the entire United States power sector reduces its emissions. Instead, it adopts the IRA’s alternate phase-out period, with the tax credits beginning to wind down for projects that start construction in 2034.
Tax credits for wind and solar, however, would begin to phase down for projects that start construction next year, and terminate after 2027, with one big exception.
An odd addendum to the wind and solar phase-out would exempt projects that are at least 1 gigawatt, are at least partially on federal land, and have already received a “right-of-way grant or lease” from the Bureau of Land Management as of June 16. It’s unclear which, if any, projects would be helped by this provision. According to the BLM website, it has not granted a right-of-way to any projects that are 1 gigawatt or larger except for the Lava Ridge wind farm, which has been canceled. If the Senate changes the date, however, the Esmeralda 7 solar farm in Nevada may benefit, as the project is more than 6 gigawatts, and is in the final stages of its environmental review.
The Senate text would not do anything to change the eligibility timeline for existing nuclear plants to claim a tax credit, called 45U, designed to keep them solvent. It would keep the schedule written into the Inflation Reduction Act, which has the credit terminating at the end of 2031. It would, however, impose new foreign sourcing restrictions on nuclear fuel, forbidding existing power plants from claiming the tax credit if their fuel comes from Russia, China, Iran, or North Korea. (It makes an exception for power companies that signed a long-term contract to buy foreign fuel before 2023.) The United States formally banned the import of nuclear fuel from Russia last year.
The Inflation Reduction Act subsidized the production of certain clean energy equipment — including solar panels, wind turbines, inverters, and batteries — as well as some of their subcomponents. Under current law, those tax credits will begin to phase out by 25% increments in 2030, so companies can claim 75% of the credit in 2030, 50% in 2031, and zero in 2033.
The IRA also created a new permanent tax credit that covered 10% of the cost of refining or recycling critical minerals.
The new Senate text changes these phase-out deadlines, often for the worse. First, as in the House bill, wind turbines and their subcomponents would no longer qualify for the tax credit starting in 2028. Second, the tax credit for critical minerals would start phasing out in 2031. Under the new calendar, companies would be able to claim 75% of this credit in 2031, 50% in 2032, and zero in 2034.
In practice, this means that the Senate GOP text would end the IRA’s permanent tax credit for producing many critical minerals, which would damage the financial projects of many mineral processing and refining projects. Other types of equipment remain on the Inflation Reduction Act’s original phase-out schedule.
The new Senate text also slightly expands the type of battery components that qualify for the credit. And — in a potentially significant change for some companies — it forbids companies from stacking tax credits for their vertically integrated production process starting in 2027.
While the House did not touch the tax credit for carbon sequestration, the Senate has put forward a key change favored by many proponents of the technology. Under current law, project operators get the highest-value credit if they simply inject captured carbon underground for no other purpose than to keep it out of the atmosphere. Smaller amounts are available for projects that use captured CO2 to nudge more oil out of the ground, also known as “enhanced oil recovery,” or if they use the CO2 in products like cement.
Under the Senate proposal, all carbon sequestration projects, no matter the nature of the carbon storage, would qualify for the same amount.
The biggest clean energy killer in the House-passed bill was a strict sourcing rule for the tax credits that would disqualify projects that use any component, subcomponent or mineral from China. As Heatmap’s Matthew Zeitlin wrote last week, the rules appeared “unworkable” to many companies because they seemingly disqualified projects even if they used a relatively small amount of an otherwise irrelevant Chinese-sourced material — such as a spare bolt or a gram of steel.
Under the House bill, manufacturers would also not be allowed to license a Chinese company’s technology. This measure appeared to directly target Ford, which has proposed manufacturing electric vehicle batteries using technology licensed from the Chinese firm CATL, one of the world’s best producers of EV batteries.
The Senate proposal changes the House provision by adding a complicated new set of definitions about what might qualify as a federal entity of concern. It also introduces a new “safe harbor” formula describing the amount of Chinese-sourced material that can keep a project from receiving a tax credit. We’re still figuring out how these new rules work together, and we’ll update this article as we understand them better.
The House bill also would have severely curtailed a crucial component of the tax credit program called transferability, which allowed developers that couldn’t take full advantage of the subsidies to sell their credits for cash to other companies. The text stripped this option from the tax credits for clean manufacturing (45X), carbon sequestration (45Q), and clean fuels (45Z) beginning in 2028. Without transferability, most carbon sequestration projects will struggle to pencil out, my colleague Katie Brigham reported.
The Senate proposal would restore transferability for the duration of all remaining tax credits.
But it throws another wrench in plans to scale up nuclear, geothermal, and other large capital-intensive projects, because it restricts zero-carbon power plants’ ability to use modified accelerated cost recovery to fund their projects.
Trump just quasi-nationalized U.S. Steel. That could help climate policy later.
The government is getting into the steel business. The deal between Japan’s Nippon Steel and U.S. Steel, long held off by the Biden administration due to national security and economic concerns, may finally happen, and the government will have a seat at the table. And some progressives are smarting over the fact that a Republican did it first.
On Friday, Nippon Steel and U.S. Steel announced “that President Trump has approved the Companies’ historic partnership,” which would include $11 billion in new investments and “a Golden Share to be issued to the U.S. Government” as well as “commitments” that include “domestic production” and “trade matters.”
The New York Times reported that this “Golden Share” would give the president, including Trump’s successors, the ability to appoint or veto some of the company’s directors, and require the government to sign off on a wide range of corporate decisions, like moving production overseas or idling or closing plants or the procurement of raw materials.
The Trump administration will likely use its oversight to encourage domestic production of steel, in tandem with its tariffs on steel imports. The unique arrangement “will massively expand access to domestically produced steel,” Secretary of Commerce Howard Lutnick wrote on X.
While neither the administration nor the two companies involved in the deal have mentioned decarbonizing steel — and in fact existing steel decarbonization programs have floundered in the first months of the Trump’s second term — it is this government oversight of steel production that could, with a different administration, help steer the steel industry into greener pastures.
A future president could wield a golden share to encourage or require the significant capital investments necessary to decarbonize some of U.S. Steel’s production, investments that the Biden administration had trouble catalyzing even with direct government financial support.
And considering that steel makes up for some 7% of global emissions, decarbonization is a necessary — if costly — step to substantially reducing global emissions.
“It’s honestly embarrassing that Republicans beat us to actually implementing a golden share or something like it,” Alex Jacquez, who worked on industrial policy for the National Economic Council in the Biden White House, told me.
When the steel giant Cleveland Cliffs first hinted that it would not go forward with $500 million worth of federal grants to help build a hydrogen-powered mill, it cited “fears that there won’t be buyers for the lower-carbon product,” thanks to a 40% price gap with traditional steel, Ilmi Granoff wrote for Heatmap., This tracked what steel producers and buyers were telling the Biden administration as it tried to convene the industry to see what it needed to go green.
“The largest issue by far in advancing green steel production in the U.S. is demand. It’s still not price competitive and not worth capital investment upgrades, given where the market is right now and without stable demand from customers who are going to pay a premium for the product,” Jacquez said. “There’s no case to make to shareholders for why you’re investing.”
When the Roosevelt Institute looked at barriers to transition to clean steel, specifically a Cleveland-Cliffs project, among familiar community concerns like what it would mean for steel employment, there was “corporate inertia and focus on short-term shareholder value over long-term public value and competitiveness.”
While the Trump administration sees shareholder demands leading to insufficient domestic production of any steel, a future administration could be a counterweight to investors not wanting to make green steel investments.
Shareholder reticence is a “huge obstacle,” one of the report’s authors Isabel Estevez, co-executive director of the industrial policy think tank I3T, told me.
“Of course investors are not going to green light investments that don’t produce the same returns as doing nothing or doing something else would do,” Jacquez said.
And when green steel projects have gotten canceled, in the U.S. and abroad, it’s been dismal shareholder returns that are often the explicit or implicit justification, as well as the high cost of producing green hydrogen necessary to fuel green steel operations. “We are not only pushing the boundaries of what is technologically feasible with this project. We are also currently pushing the boundaries of economic viability. Or, as it stands today: beyond it,” the chief executive of ThyssenKrupp told the North Rhine-Westphalia parliament, according to Hydrogen Insight.
And the resulting Trump administration retrenchment from the Biden administration’s climate policy has made the environment even less friendly for green steel.
Earlier this month Cleveland-Cliffs scrapped the hydrogen-fuel steel project and said instead it would try to extend its existing coal-fueled blast furnace. And the Swedish company SSAB earlier this year withdrew from a prospective project in Mississippi.
Would these outcomes be any different with a “golden share”? When the Roosevelt Institute looked at steel decarbonization even full-on nationalization was considered as one of the “sticks” that could push along decarbonization (many steel companies globally are either state-owned or have some state investment). The golden share, at least as reported, will seem to put the government in the driver’s seat of a major player of the steel industry, while still maintaining its private ownership structure.
“Assuming the nature of the golden share allows the public sector to make certain requirements about the way that profits are used, it could be very valuable for encouraging U.S. Steel to use their profits to make important investments,” Estevez told me.