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Policy Watch

Time for Tariffs and Permitting Reform?

A look at federal and state policy battles over the past week

Factory illustration.
Getty Images / Heatmap illustration

Tariffs time, baby – All eyes are on the U.S. Trade Representative after the Biden administration locked in 100% tariffs on Chinese electric vehicle imports effective in a week and a half, and determined up next are a 50% tariff on solar cells and 25% tariff on steel, aluminum, EV batteries and transition metals.

  • Before the duty news came down, walking around RE+ last week, I was honestly surprised at the sheer number of Chinese manufacturers with convention showroom booths, from EV company BYD to companies like Gotion that have riled up lawmakers in D.C. It was a charm offensive.
  • If Ford executives are to be believed, China could still play a role in the future of the U.S. automotive industry. But that being said, I have my doubts U.S. trade policy will change on EV and solar supply chains given the big lobbying spend from domestic manufacturers and mining companies in Washington.

Permit time, time permitting – Lots of hay is being made of permitting reform back in D.C., where congressional Republicans have revived legislative efforts to overhaul the National Environmental Policy Act and Endangered Species Act.

  • Action lately has largely taken place in the House Natural Resources Committee, which oversees land use issues. The committee held a hearing on legislation to modify NEPA implementation last week. Its chair Bruce Westerman also introduced legislation that would change federal species preservation.
  • These bills go much further than the bipartisan permitting compromise reached in the Senate, which focuses on judicial review, fossil fuel leasing, and renewable energy timelines.
  • I’ll say this with all the painful confidence of someone who covered Congress for far too long: some centrists have applauded the bills but they’re DOA – especially if Kamala Harris wins the November presidential election. That’s simply because the math for radically changing NEPA just isn’t there, and doubly so for wildlife protection law.

Maine’s offshore wind – The Bureau of Ocean Energy Management announced it’ll officially hold the first offshore wind lease sale on Maine waters on Oct. 29.

  • It is widely expected that for offshore wind in the Gulf of Maine to succeed it must consist of floating turbines to accommodate concerns from the state’s politically powerful fishermen.
  • BOEM issued a research lease for a floating offshore wind pilot project last month to the University of Maine for studying the technology.

Transformers, too – A White House-led infrastructure policy committee recommended the federal government should create a “virtual reserve” of transformers for energy security.

  • The recommendations note a growing wait time for procuring transformers for the grid and note physical products wouldn’t be necessary. Instead, it says the government needs ample data on what’s in stock domestically and the capacity to offer pricing support to businesses for purchasing transformers and products in the supply chain.

Here’s what else I’m watching…

  • The Treasury Department this morning proposed wide eligibility parameters for the IRA electric vehicle charging station credit.
  • House Speaker Mike Johnson said congressional Republicans may preserve some IRA credits if the GOP maintains control of Congress next year. He didn’t say which credits, though I took a stab at predicting which would stay over the summer.
  • Fresh off his op-ed for Heatmap, former White House National Economic Council head Brian Deese authored a new report on building out advanced transmission.
Climate activists are urging the Federal Energy Regulatory Commission to reverse its approval of the Southeast Energy Exchange Market, a regional energy trading platform.

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Spotlight

Wind Industry Goes for Broke Against Trump

Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.

Donald Trump and a wind turbine.
Heatmap Illustration/Getty Images

Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.

As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.

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Hotspots

The Renewables Battle Underway in Arizona

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.

  • I’ve detailed how this county is a crucial battleground in the fight over local restrictions on renewable energy. So profound the conflict has been over renewables in Apache County that it helped spur a failed campaign to enact a statewide pause on wind development.
  • Well, the next engagement is underway: On June 3, the Apache County Planning and Zoning Commission recommended a temporary moratorium on future solar and wind development, responding to resident-run campaigns against specific projects.
  • I’ve noticed large advocacy non-profits have begun running hyperlocal letter campaigns to the Apache County Board of Supervisors asking pro-renewables voices to weigh in against the moratorium. Arizonans for a Clean Economy is running a sponsored ad on Google, resulting in a letter campaign popping up if you search renewable energy and the name of the state. “Send a letter today and ask your Supervisor to support policies that unleash Arizona’s energy potential while keeping costs low, conserving our water, and creating energy independence for Apache County,” their letter-writing website states.
  • Meanwhile, Veterans Power America, a national organization, is asking people to tell the board: “Clean energy projects can bring new revenue and economic opportunity to Apache County for Veterans like us. Don’t shut the door on progress.” (For what it's worth, I learned of this ad from anti-wind activists complaining about it on Facebook.)
  • What happens now is a procedural waiting game. The county will now go through a public notice and comment process ahead of formal consideration of the planning and zoning commission’s recommendations. While a decision isn’t imminent, I will be watching this one like the area’s sharp-shinned hawk.

2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.

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Q&A

What Would Make the Data Center Boom Popular?

A conversation with Mark Muro, senior fellow at the Brookings Institute’s metro policy program

Mark Muro.
Heatmap Illustration

Today’s conversation is with Mark Muro, senior fellow at the Brookings Institute’s metro policy program. Too often I’m asked, what’s the version of a data center boom that people like? I reached out to Muro because he recently coauthored research into the ways communities and data centers can potentially work together to build more mutually beneficial and popular industry growth. The conversation wound up perfect for The Fight, so I had to include it in full.

The following Q&A was lightly edited for clarity.

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