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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

Anti-Wind Activists Have a Big Ask for the Big Man

The Trump administration is now being lobbied to nix offshore wind projects already under construction.

Trump and offshore wind.
Getty Images / Heatmap Illustration

Anti-wind activists have joined with well-connected figures in conservative legal and energy circles to privately lobby the Trump administration to undo permitting decisions by the National Oceanic and Atmospheric Administration, according to documents obtained by Heatmap.

Representatives of conservative think tanks and legal nonprofits — including the Caesar Rodney Institute, the Heartland Institute and Committee for a Constructive Tomorrow, or CFACT — sent a letter to Interior Secretary Doug Burgum dated February 11 requesting that the Trump administration “immediately revoke” letters from NOAA to 11 offshore wind projects authorizing “incidental takes,” a term of regulatory art referencing accidental and permissible harassment, injury, or potential deaths under federal endangered species and mammal protection laws. The letter lays out a number of perceived issues with how those approvals have historically been issued for offshore wind companies and claims the government has improperly analyzed the cumulative effects of adding offshore wind to the ocean’s existing industrialization. NOAA oversees marine species protection.

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Hotspots

The Great Battery PR Fire of 2025

And more of the week’s biggest conflicts around renewable energy.

Renewable energy fights
Heatmap Illustration

1. Monterey County, California – The Moss Landing battery fire is now the big renewables PR crisis we should all be watching, even with Trump 2.0 going on.

  • Whereas before a battery fire news cycle might last a week, this story’s now in thermal runaway, as The New York Times has taken to profiling the sick and injured. Affected residents have now sued Vistra Energy, operator of the Moss Landing battery storage facility, for damages. Famed environmentalist Erin Brockovich is now involved, working in tandem with victims’ attorneys. Nearby San Luis Obispo and Orange counties have now issued temporary moratoriums on new battery storage.
  • It’s worth considering how much of this is unique to Moss Landing. The residents’ legal comaplint takes aim at the use of nickel manganese cobalt batteries (NCM) for storage, as opposed to lithium iron-phosphate (LFP) chemistries. NCM is an historically popular battery chemistry used in consumer electronics and electric vehicles … but not as often with storage.
  • “Because they are safer, most energy storage projects around the world have been transitioning to LFP batteries,” the complaint states. “NMC batteries undergo thermal runaway at a lower temperature and release more energy from decomposition, while LFP batteries can withstand higher temperatures than NCM batteries before beginning the thermal runaway process.”
  • The lawsuit also claims the fire suppression system at Moss Landing was faulty and contrasts its behavior with a fire at a “neighboring Tesla project, which used safer and less volatile LFP batteries,” and which it says was “quickly extinguished.”

2. Portage County, Wisconsin – Doral Renewables’ Vista Sands solar project is facing a prolonged legal fight with the Wisconsin Wildlife Federation, a state outdoor recreation and wildlife advocacy group. At the center of the conflict is a bird that’s long bedeviled developers of all stripes: the greater prairie chicken.

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Policy Watch

Building Renewable Energy on Castles of Sand

A look at the biggest news around renewable energy policy this week.

Wind turbines
Getty Images / Heatmap Illustration

1. The anti-renewable locavore – Republican lawmakers are aiming to empower localities to block renewables projects, a similar scene to what’s played out in Ohio, where state legislators gave towns the power to have a final word on development instead of state-led entities.

2. Sgamma thoughts – Trump selected Kathleen Sgamma, head of the pro-oil Western Energy Alliance, to head the Bureau of Land Management. What does this mean for renewables developers? It’s hard to tell because so much of her time was spent on a single mission: liberating as much oil from the ground as possible.

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