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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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Q&A

An America First Strategy for Renewable Energy?

A conversation with Tim Brightbill of Wiley Rein LLP

Tim Brightbill of Wiley Rein LLP.
Heatmap Illustration

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.

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Policy Watch

The IRA’s Coming China Change

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

Trump.
Heatmap Illustration/Getty Images

Sourcing requirements – As we explain in our Q&A today, there’s momentum building in Washington, D.C., to attach new sourcing requirements to an IRA credit for advanced manufacturing known as 45X.

  • 45X is supposed to supercharge production of battery and solar components, as well as key minerals and materials for those components that are largely imported from China or what U.S. trade officials believe are Chinese pass-throughs.
  • Some U.S. companies are now quietly urging Congress to enact a “foreign entity of concern” requirement to 45X that would essentially stop battery and solar manufacturing plants with Chinese business involvement from qualifying.
  • Why? Well, doing this would definitely insulate the credit from GOP repeal by tying it not to rapid decarbonization but instead American blue collar jobs.
  • Patrick Donnelly, chief commercial officer for Anovion, told attendees of a Hill briefing I moderated earlier this week that he wants to see this happen because it would be a “game changer” for domestic manufacturing. “I’ve heard some Republicans talking about it already.”
  • But it could also undermine the effectiveness of the credit for climate purposes. Similar requirements were tacked onto the IRA’s EV consumer credit that curtailed its reach and meant many cars couldn’t access the benefit.

Virginia’s planning – The state of Virginia is looking at its own plans to override local objections, which would make it one of the few GOP-led states to do so.

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Hotspots

Is Trump Already Killing Off Renewable Energy Projects?

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

Map of renewable energy conflicts.
Heatmap Illustration

Queens County, New York – TotalEnergies’ first Attentive Energy offshore wind project might be the canary in the Trumpy renewables coal mine.

  • The New York wind project in the bight has been indefinitely paused, according to TotalEnergies CEO Patrick Pouyenne, meaning we have our first offshore wind derailment of the Trump era, many weeks before he’s even taken office.
  • It’s unclear how connected Trump is to the move. Attentive Energy also pulled out of New York state’s fifth offshore wind solicitation before this news dropped, which also arrived days before the Bureau of Ocean Energy Management implemented new requirements for projects built in the area where the project would be built.
  • However, remember that even though Attentive Energy has little opposition in New York State, anti-offshore activists are aggressively challenging efforts by New Jersey state to buy power from the project.
  • We’ll have to wait and see if this decision is a domino for other offshore wind curtailments. But we’re already seeing evidence, as Shell announced hours ago it is no longer investing in new offshore wind projects.

Clinton County, Michigan – EV manufacturing news in Michigan is showing that fallout from Trump’s election may not be limited to offshore wind, and could creep into other projects facing grassroots opposition.

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