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This transcript has been automatically generated.
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Robinson Meyer:
[1:25] Hi, I’m Robinson Meyer, the founding executive editor of Heatmap News. It is Friday, February 20. This morning, the Supreme Court threw out President Trump’s most aggressive tariffs, ruling that the International Emergency Economic Powers Act of 1977, usually called IEEPA, does not allow the president to impose broad, indiscriminate tariffs on other countries. Had Congress intended to convey the distinct and extraordinary power to impose tariffs, it would have done so expressly, Chief Justice John Roberts wrote. It was a bit of a stitched together decision. Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented, while Neil Gorsuch, Amy Coney Barrett, and the chief justice ruled with the liberals, although the liberals only concurred with some of the decision. But it takes away a major tool of economic and diplomatic policy making for President Trump.
Robinson Meyer:
[2:12] There were really two sets of tariffs affected by this decision. One was a set of so-called reciprocal tariffs imposed on most countries in the world and set between 10% and 50%. And the second were what Trump called the fentanyl tariffs on China, Mexico, and Canada. Now, the president basically immediately followed up this ruling by saying he would impose a 10% universal tariff on all countries. We’re still trying to understand how exactly he would do that and what it would mean, and we’ll talk about it on the show. But we wanted to have a conversation on an emergency basis here on an emergency shift key episode about what this means for clean energy and what this could also mean for Trump’s industrial policy, such as it is going forward.
Robinson Meyer:
[2:53] Joining us today is Jonas Nahm. He’s an associate professor at the John Hopkins School of Advanced International Studies in Washington, D.C., and he was recently senior economist for industrial strategy at the White House Council of Economic Advisors. He studies industrial policy, supply chains and trade, and he’s the author of Collaborative Advantage: Forging Green Industries in the New Global Economy. Jonas, welcome to Shift Key.
Jonas Nahm:
[3:18] Thank you for having me. I’m finally on.
Robinson Meyer:
[3:20] You’re finally here. We finally got you. So I think let’s just start here. What do you make of the ruling today and then the president’s kind of successive 10% tariff announcement?
Jonas Nahm:
[3:33] I don’t think this was surprising, right? We had, during the hearings, kind of gotten this impression that the judges were somewhat skeptical, at least, of the ability of the president to use IEEPA to justify these tariffs. And so I think the surprise was really that it took so long. There were lots of rumors floating around for the past couple of months that this would come out any time. And so it finally came, but it sort of came in the form that everyone expected. And the conclusion today was that this is not a tariff statute and that there are other authorities for the president to use to do these things, but this isn’t one of them.
Robinson Meyer:
[4:09] I feel like the most interesting thing, I kind of hinted at this in the intro, was that Brett Kavanaugh, ruled, first of all, that the tariffs were legal, which is kind of crazy, but also that he was like, this is not the proper use of the major questions doctrine, a doctrine he invented to constrain executive authority. But that’s neither here nor there.
Jonas Nahm:
[4:28] Which the liberal justices also didn’t sign on to, right? So it was sort of three people saying this is major questions, and then three people saying this is just, you know, illegal.
Robinson Meyer:
[4:39] Yes. And I think maybe crucially for this audience, Justice Gorsuch cited disapprovingly the Trump administration’s argument that a future president could use IEEPA, the statute in question here, to impose tariffs on fossil fuels or internal combustion engines because it considers climate change to be a national security threat. That was like an argument made by President Trump’s team on behalf of the tariffs to convey their belief that IEEPA had this huge economic policymaking power within it. And Justice Gorsuch was like, no, no, no, it doesn’t let you do that. And it also doesn’t let you impose these tariffs on all these other countries. OK, so I will say I have basically spent every moment up until now not learning about the other tariff authorities. They all are like known by a different number. And it always seemed like people were mentioning a new one. So can you walk us through just like with IEEPA out of the way, what are the other things? Authorities or powers under the law that have been used to impose tariffs on the past or that are seen as kind of being the other powers the president could invoke here if he wanted to keep slapping tariffs on major trading partners?
Jonas Nahm:
[6:00] So one of the big advantages of the IEEPA path for the administration was that it didn’t really involve a lot of procedure. And they had a lot of discretion. Now, no more. But at the time, thinking that they could do this, they had a lot of discretion about how to do this, who to apply this to, which products to exempt, and how to change it very quickly. And so it was basically fairly unconstrained. And so the other authorities all come with more process. And many of them are already in place with more process. So I think one thing to maybe start with is that the IEEPA tariffs are only one part of this tariff stack, and that different products have other tariffs applied to them already. Some of them stack on top of one another, some of them don’t, but there are many kind of authorities in this space that are being used at the same time.
Jonas Nahm:
[6:51] The president came out today and said they’re going to impose 10% universal tariffs under the Section 122, which is from the Trade Act of 1974, which is really to address kind of a large and serious deficit, it can be done very immediately, but it’s capped at 15%. They said they’re going to use 10. The problem for them is that it expires in 150 days unless Congress extends it. So it can sort of stop the revenue loss from taking away the reciprocal and the fentanyl tariffs. It can buy time for permanent fixes, but itself is not really a permanent solution unless there’s congressional buy-in in 150 days, which seems somewhat unlikely. So that’s what they’ve already decided they’re going to use sort of as the bridge to get to these other authorities.
Jonas Nahm:
[7:40] There’s another tariff authority called Section 232, which is about national security related issues. And so there you need to have an investigation and then you can impose these tariffs. We have lots of these investigations ongoing. Some of them are already completed, but pharmaceuticals, robotics, chips, I mean, there’s a bunch of them that are out there. And so what they don’t like about this is that you have to have this investigation so it’s not immediate. it. And so it requires a little bit of process.
Robinson Meyer:
[8:11] Like a Commerce Department investigation, right? This is like a, it’s like a known process where they...
Jonas Nahm:
[8:18] Yeah, and there needs to be a hearing and yes, all of those things. So that’s 232. And then you have Section 301, which is about unfair trade practices. That also requires an investigation and a public hearing, kind of a common period where industry can weigh in. And so you could use that to recreate these tariffs on a country by country basis, the Section 232 tears are mostly at the sectoral level. So the investigations are about sectors that have national security implications, although that has also been stretched widely by this administration. We’ve applied them to kitchen cabinets in this past year, so I don’t immediately follow the national security implications there. But, you know, there is some leeway there in how this is laid out. Section 301 is about unfair trade practices. And then there are the tariffs that were used, you know, almost 100 years ago after the depression, which is Section 338. That gets thrown around a lot. I think it has a lot less procedural constraints attached to it than these other ones. But it’s also untested in modern courts. And this would require the administration to prove that there’s discrimination against U.S. exports. And you could imagine a lot of litigation around how to define discrimination. And so these are sort of the broad authorities that exist and that the administration
Jonas Nahm:
[9:38] has signaled they will rely on. I think mostly the first three.
Robinson Meyer:
[9:41] It does seem like, I think one thing hearing this list is that there’s five other tariff authorities he could use. And while some of them have restrictions on time or duration or tariff rate, there’s actually still a good amount of like untested tariff authority out there in the law and if the president and his administration were like quite devoted they would be able to go out there and, figure out the limits of 338 or figure out the limits of of 301?
Jonas Nahm:
[10:17] Yeah, I mean, I think one thing to also think about is what is the purpose of these tariffs? Right. And so I think the justifications from the administration have been varied and changed over time. But, you know, they’ve taken in a significant amount of revenue, some 30 billion dollars a month from these tariffs. This was about four times as much as in the Biden administration. And so there is some money coming in from this. And so 122, the 10% immediately, would bring back some of that revenue that is otherwise lost. One question is what’s going to happen to refunds from the IEEPA tariffs? Are they going to have to pay this back? It seems like that’s also kind of a court battle that needs to be fought out. And the Supreme Court didn’t weigh in on that. But, you know, the estimates show that if you brought the 122 in at 10%, you would actually recoup a lot of the money that you would otherwise lose and the effective tariff rate in the U.S. Would go back from 10% to about 15%, roughly to where it was before the Supreme Court ruled on it.
Robinson Meyer:
[11:18] Has the effect of tariffs from the Trump administration been larger or smaller than what you thought it would be? Not necessarily in the immediate aftermath of “liberation day”, because he announced these giant tariffs and then kind of walked some of them back. But like the tariff rate has gone up a lot in the past year. Has the effect of that on the economy been more or less than you expected?
Jonas Nahm:
[11:43] I think that the industrial policy justification that they have also used is a completely different bucket. Right. So you can use this for revenue and then you can just sort of tax different sectors at different times as long as the sum overall is what you want it to be. From an industrial policy perspective, all of this uncertainty is not very helpful because if you’re thinking about companies making major investment decisions and you have this IEEPA Supreme Court case sort of hanging over the situation for the past year, now we don’t know exactly what they’re going to replace it with, but you’re making a $10 billion decision to build a new manufacturing plant. You may want to sit that out until you know what exactly the environment is and also what the environment is for the components that you need to import, right? So a lot of U.S. imports actually go into domestic manufacturing. And so it’s not just the product that we’re trying to kind of compete with by making it domestically, but also the inputs that we need to make that product here that are being affected.
Jonas Nahm:
[12:38] And so for those kinds of supply chain rewiring industrial policy decisions, you probably want a lot more certainty than we’ve had. And so the Supreme Court ruling against the IEEPA tariff justification is certainly more certainty in all of this. So we’ve now taken that off the list. But we are not clear what the new environment will look like and how long it’s going to stick around. And so from sort of an industrial policy perspective, that’s not really what you want. Ideally, what you would have is very predictable tariffs that give companies time to become competitive without the competition from abroad, and then also a very credible commitment to taking these tariffs away at some point so that the companies have an incentive to become competitive behind the tariff wall and then compete on their own. That’s sort of the ideal case. And we’re somewhat far from the ideal case. Given the uncertainty, given the lack of clarity on whether these things are going to stick around or not, or might be extended forever, and sort of the politics in the U.S. that make it much harder to take tariffs away than to impose them.
Robinson Meyer:
[15:26] I have heard from Democrats and like Democratic economic policymaker making staff, let’s say, that they really did believe that when Trump announced all these tariffs, that what people said it was going to crash the economy. And the fact that it like hasn’t necessarily crashed the economy has made some of them go, huh, well, maybe tariffs aren’t as bad as we kind of were told they were. And we should consider them as part of a broader economic playbook. Looking over the past year, have you been surprised by how resilient the U.S. economy has been despite all these new trade restrictions that didn’t exist two years ago?
Jonas Nahm:
[16:04] I think the answer to that question really depends on what you’re looking at specifically, right? So if this was supposed to be a manufacturing reshoring tool, in some ways it’s too early to tell whether it’ll work. We’ve seen this during the Biden administration. The Inflation Reduction Act came out. And by the time the election rolled around, a lot of these plants were still under construction. So in some ways, the theory was still untested on whether
Jonas Nahm:
[16:28] that would have changed people’s voting behavior, because we didn’t have enough time. And so in the same way, we don’t have enough time now. And we’ve seen manufacturing job losses over the last year, things have picked up a little bit recently, and sort of capacity utilization is up this month, or last month, rather in the U.S.. But I think that is from using existing plants more rather than building new ones in response to the tariffs. And of course, there are big announcements that have been made where companies that were going to build a plant in Canada are now building it in the U.S.. And some changes in decision-making have occurred as a result of it. But I think to really judge this as a sort of reassuring manufacturing industrial policy, it’s just too early. And I think the uncertainty really also then prolongs the period that it would take for companies to really do this. I mean, you’d want to think about that decision quite carefully. And while a lot of this stuff is still ongoing, I think companies have just avoided making big decisions.
Robinson Meyer:
[17:27] It’s also unclear to me how much of American trade tariffs actually did fall on in terms of specific bilateral relationships. So to be specific, like we talk about these fentanyl tariffs, which is the president’s name for what he said were 25% tariffs on Canada and Mexico and 10% tariffs on China and 10% tariffs on Canadian energy exports. And what, Those are big numbers, but what wound up happening in the immediate aftermath of his initial decision was that trade previously authorized under USMCA, the successor to NAFTA, was exempted or wasn’t fully subject to that tariff. And what that meant is that basically, for instance, no Canadian oil exports have ever been subject to this 10% tariff. It’s totally trade as normal between the two countries, at least on an energy basis, and yet. But notionally on the books, there is a threat of a much higher tariff, I suppose, if the president were to change his mind or in the future.
Jonas Nahm:
[18:31] I think you raise a really good point also because the effective tariff rate was around 15 or 16% or so, much lower than some of these headline numbers that were being thrown around. And that’s because we’ve exempted a lot of stuff, right? So coffee prices went up and we exempted Brazilian coffee imports. And we’ve taken other key industries out of this calculation. And USMCA-compliant goods were exempted from the fentanyl tariffs on Canada and Mexico. And so overall, the sort of number of products that are being impacted are much smaller than everything. And one of the interesting questions I think now is, for instance, in the Section 122 10% game that they’re trying to play, the process for exempting and excluding certain products works differently. And so if this really becomes a universal 10%, it would actually affect a lot of things that currently aren’t being tariffed by the reciprocal tariffs. And they don’t have a lot of time. So maybe that also plays into it where they don’t have the capacity to really plan it out strategically. And so if we’re now then moving to a world where a lot of critical inputs into domestic manufacturing are being tariffed at 10% that were previously exempt, that might have some negative consequences for the manufacturers that are trying to survive and all of this uncertainty.
Robinson Meyer:
[19:49] I guess that also removes like a huge opportunity for corruption, because one thing that would happen is the president would take not only like coffee out of the tariff. One thing that would happen is the president wouldn’t only remove tariffs on product categories like coffee, but he would just remove them from companies or put them back on other companies. And it seemed like this huge black box of potential corruption that there just wasn’t a lot of visibility into.
Robinson Meyer:
[20:17] Let’s talk about the sectors that we follow here. So what does this Supreme Court case mean, if anything, for electric vehicles?
Jonas Nahm:
[20:28] Maybe before we jump into this, just to remind everyone, so we’ve taken away one layer of this kind of cake of tariffs that we’ve built here over time. There’s Section 301, there’s Section 232s, there’s anti-dumping and countervailing duties. Sometimes there’s safeguards, Section 201. And so all of those things can apply to the same product. And so we’re sort of taking one piece out of that stack, but it means the others are still there.
Robinson Meyer:
[20:52] And crucially, this is not like a supermarket sheet cake with two layers or even a pound cake like you might.
Jonas Nahm:
[20:59] Make at home. No, it’s a fancy cake.
Robinson Meyer:
[21:00] It’s a Russian honey cake with 12 or 13 layers stacked upon each other of delectable trade-fine goodness.
Jonas Nahm:
[21:09] That’s exactly right. And so if we think about EVs, for instance, the European companies actually aren’t being tariffed under IEEPA. They’re tariffed under Section 232 for autos and parts, which is a totally different legal foundation. And so they are not benefiting from IEEPA going away. They might now get hit with 122s on top of what they were paying previously if that isn’t designed carefully. And so there’s a lot of open questions about what that actually looks like in practice, but it’s certainly not helping them. On the China side, which is probably our bigger concern, is that electric vehicles are already in the Section 301 penalty box and they get 100% on EVs and there’s tariffs on batteries under 301. So IEEPA was there with 10% for these products, but it wasn’t really the significant piece. And so I think there it doesn’t fundamentally change the landscape. But the problem, I think, is more that we have uncertainty and there’s this constant turmoil over what it’s going to be. And we have four meetings between Xi and Trump lined up for the year and he’s supposed to go there at the end of March and lots of uncertainty sort of in the policy space that IEEPA kind of feeds into, but wasn’t really that critical, I think.
Jonas Nahm:
[22:23] And on China specifically, the U.S.TR, the Office of the Trade Representative, launched in the fall a Section 301 investigation on China saying that they hadn’t adhered to the requirements of the phase one trade deal from the first Trump administration. They held the public hearings. They probably have a report ready to go. So they could reimpose also kind of on a national level 301 tariffs on China based on this finding, which could more than offset the loss of the Aiba tariffs.
Robinson Meyer:
[22:53] Okay, next sector. So what does this mean for solar? Because one interesting subplot here that my colleague Matt Zeitlin was talking about earlier today is that after “liberation day”, Wall Street became very convinced that First Solar, this U.S. solar manufacturing firm, was going to be the huge beneficiary of this new Trumpian tariff regime. And it really has not been at all. It’s like, it turned out that a lot of its inputs had new tariffs on them, that it really didn’t affect its business very much. But there are a lot of tariffs on solar. Are they that go back all the way to the Biden administration or the first Trump administration? Were those issued under IEEPA? And what is their current status?
Jonas Nahm:
[23:36] Solar was affected by the IEEPA layer in China, for instance, but there are other tariffs in place that are much more significant. And then on China and also Southeast Asian suppliers, there are anti-dumping and countervailing duties in place that are issued to specific companies. And so the rate kind of depends on which company, but some of them are over 200%. So there you might have a loophole that like a new supplier springs up that isn’t yet affected by this countervailing duty regime. And so they might benefit. But I think there are two, the IEEPA story is only one layer. We had Section 201 safeguards on solar that I think were expiring in February this year. So that layer was ending and now IEEPA is ending. But Section 301 on China and the ADECVDs remain in place and I think are going
Jonas Nahm:
[24:26] to make it unlikely that we see the sudden onslaught of Chinese supply.
Robinson Meyer:
[24:30] Are there any other kind of sectors to talk about here, you know, really affected by this or, I don’t know, data center inputs?
Jonas Nahm:
[24:41] Wind, I think, was exposed to the IEEPA layer to some degree, but I think the other question is more broadly, what are we doing with the domestic wind industry? There’s also a 232 national security investigation that is ongoing on wind that they could switch to as a justification, both on wind turbines and turbine parts. And so there, I think we might see some sort of temporary IEEPA relief, especially for inputs like metals and so on that are now coming in, perhaps at different prices. I don’t know if that can really help the wind industry overcome the broader headwinds that they’re facing with this administration. But, you know, if there is a real positive impact, I would expect them to very quickly switch to the 232 justification to make up for it. I think on data centers, it’s interesting.
Jonas Nahm:
[25:29] Data centers import a huge amount of equipment, right? So servers, networking, equipment, power distribution, cooling, switch, there’s all this stuff that goes into a data center. And if IEEPA went away and nothing replaces it, that might actually be a meaningful relief for a lot of that stack. But now under this 10% 122 surcharge, it’s coming back. And if some of these exemptions that we had in place for some of these components in order to support domestic data center build out are not included, and we have to see how they actually implement this, this could be quite negative. But to me, this is really a story at this point of thinking about this way more as a revenue source than a strategic industrial policy that’s trying to reshore certain sectors. And the more we change it up and switch from one authority to another, the more it becomes a revenue story because the actual economic impact in terms of reshoring is going to be less and less.
Robinson Meyer:
[26:22] So one thing I’m taking from this conversation is that while clean energy and energy inputs might get a tiny bit of relief, largely they were already subject to this existing stack of pre-existing tariff authorities under other laws. And so they might benefit from like some economic tailwinds from this, but it’s not like Chinese or Southeast Asian solar panels are going to suddenly
Robinson Meyer:
[26:50] be available in the United States at cost. Stepping back then, what is your read of how this ruling fits into the Trump administration’s trade policy, and I think broadly, America’s attempt to formulate some kind of industrial policy that now started with the first Trump administration, was continued and changed by the Biden administration, and now soldiers on under the second Trump administration.
Jonas Nahm:
[27:19] If I think about this broadly in terms of sort of economic policymaking, the tariffs are one tool you can use to shape the nature and structure and composition of the domestic economy. In many ways, what I think is much more important is what do you do behind the tariff wall to really help companies build competitive manufacturing capacity, for instance, right? And the tariffs themselves are not really enough to do much there. And a lot of the incentives and sort of support that, for instance, the Inflation Reduction Act included, that have been taken away or it’s shortened significantly. And so we’re doing kind of less on the domestic economy and we’re doing more at the border. But I think ideally you would do
Jonas Nahm:
[28:08] Much more certainty at the border, and then combine it with a domestic strategy. And I think we’re seeing some of this now happen kind of in the critical mineral space, you know, Vault, Forge, all these kinds of new initiatives that are being pushed out by the administration to look at the demand side, and kind of create more stable markets for these technologies, for instance. So slow beginnings of kind of the supply side and demand side match in pairing different industrial policy tools. But in some ways, I think this tariff game has been a huge distraction from the actual work that we need to do on vocational training, on financing for manufacturing, on creating stable demand for these technologies that we want to make domestically so that companies can get financing and invest. And so looking at trade policy in that kind of broader picture, it looks more like a revenue policy than an industrial policy because it’s not really coordinated with these other elements.
Robinson Meyer:
[29:05] I think we’ll have to leave it there. Jonas Nahm, thank you so much.
Jonas Nahm:
[29:09] Thank you for having me on.
Robinson Meyer:
[29:14] And that will do it for us today. Thank you so much for joining us on this special weekend emergency edition of Shift Key. If you enjoyed Shift Key, then leave us a review or send this episode to your friends. You can follow me on X or Bluesky or LinkedIn, all of the above, under my name, Robinson Meyer. We’ll be back next week with at least one new episode of Shift Key for you until then Shift Key is a production of Heatmap News. Our editors are Jillian Goodman and Nico Lauricella, multimedia editing audio engineering is by Jacob Lambert and by Nick Woodbury. Our music is by Adam Kromelow. Thanks so much for listening and see you next week.
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Here are four ways they can get it right.
On Tuesday, voters handed Democrats control of both the House and the Senate and flipped control of numerous governorships and state legislatures throughout the country. Its clear affordability was high among their concerns. Gas cost more than on any Election Day on record, and electricity bills keep climbing as demand grows faster than it has in decades.
Democrats now have a mandate to lower energy costs by building more homegrown clean energy, a chance to stop the administration from blocking new projects, and an opportunity to begin building a post-Trump American energy policy. Yet the president still holds veto power and control over federal agencies, diminished though they may be. The next administration will inherit a federal government that has been largely hollowed out, its agencies stripped of much of their staff, expertise, and institutional knowledge.
That puts states at the center of what comes next. A new class of governors and state lawmakers — including six new Democratic trifectas — will take office in 2027 ready to act on energy affordability. Given the limited opportunities in Washington, federal lawmakers will need to rely on state governments to advance an effective national energy agenda, both now and under the next administration. The question before them is how to design policy with that in mind from the start.
The 2022 Inflation Reduction Act offers both a model and a warning. The IRA has been transformative, catalyzing hundreds of billions of dollars in clean energy investment, supporting good jobs and domestic manufacturing, and driving economic growth nationwide. But with hindsight, one clear shortcoming emerges: Federal decision-makers too often treated states as grant recipients rather than institutional partners capable of deploying capital and shaping energy markets. This attitude hampered the law’s speed, effectiveness, and durability.
For instance, to implement the law’s Home Energy Rebates — an $8.8 billion program designed to operate through state energy offices and deliver energy efficiency and cost savings for consumers — the Department of Energy required states to navigate an unusually complex approval process. Many states had to hire outside consultants just to apply. Nearly five years after the law’s passage, only a handful have gotten their projects off the ground. The ambitions were real; the architecture made them slow.
The Environmental Protection Agency’s $20 billion Greenhouse Gas Reduction Fund offers a similar lesson. The GGRF was inspired by the growth of state and local green banks, and like them was designed to provide low-cost financing to clean energy projects throughout the country. Those same state-level green banks with local market knowledge and lending experience were well-positioned to deploy capital into local projects, yet they did not receive program funding directly. In consequence, only a small number of existing green banks received a small amount of this funding — less than 10% of the total available — before the Trump administration froze the program in its entirety. DOE’s Loan Programs Office, meanwhile, had $40 billion in authority to loan to state energy financing institutions, but it executed zero such loans.
These aren’t isolated examples. They’re symptoms of a systematic failure by the federal government to treat states as partners in the process of designing and implementing policy. In recent years the federal government has generally engaged with governors and state policymakers through intergovernmental affairs offices staffed with political appointees that treat states more like stakeholders to be managed than governing partners.
State governments are the machinery through which energy policy becomes real. They regulate utilities. Their laws govern the siting and permitting of energy infrastructure, including the data centers now reshaping electricity demand. They oversee housing and land use. And they run the economic development and financing agencies that work to expand local economies. Policies built around these state institutions can move faster, deliver greater local benefits, and last longer — especially as federal policy careens in wildly different directions every few years. Had the federal-state partnership been stronger from the start, IRA funding might have been deployed more quickly and delivered impact sooner in both red and blue districts, making it much more difficult for the Trump administration to roll back these policies.
For Democrats looking to advance an agenda that can deliver more affordable, reliable and clean energy, there’s never been a better time for this partnership, given the 30 governorships their party will hold starting in 2027 — the most in over 30 years.
So, looking ahead, what should happen next time?
Invest in state capacity quickly. For all their powerful authorities, state agencies often lack budget and staff capacity. The IRA mostly routed its dollars around them through tax credits, federal loans, and competitive grants. The few programs it did run through states, such as the home energy rebates, came with detailed federal requirements. Those safeguards were well intentioned, meant to protect consumers and guarantee results. But they assumed a capacity states never had the funding to build.
Formula funding, by contrast, is a no-regrets strategy to build that capacity. These are funds designed by federal lawmakers to be dispersed to all states based on a numeric formula (e.g. population or other appropriate quantitative metric), and are generally made to be easy for states to access. For example, DOE’s State Energy Program has delivered formula grants to all state energy offices, helping to fund their operations for over 40 years. According to the National Association of State Energy Officials, each federal dollar distributed through the program has leveraged more than $10 in state and private investment. EPA’s Clean Air Act programs similarly provide flexible grants to state environmental agencies. Future legislation should multiply the amounts of formula funding available in the IRA and streamline access. It should also pair these efforts with competitive funding that rewards cutting-edge state policies and cross-state collaborations that move industries and markets toward cleaner technologies.
Capitalize state financing institutions directly. States have long managed infrastructure finance, from the 1960s birth of housing finance agencies, to clean water state revolving funds, to federal funding for surface transportation infrastructure — all of which is now intrinsic to how infrastructure is built in this country. That model should now also anchor the next generation of clean energy infrastructure finance — for states to drive locally-impactful projects and economic development. DOE’s authority to lend to state institutions also remains intact.
Leverage state authority where it’s strongest. State public utilities commissions have a longstanding role in regulating the nation’s electric utilities. Federal policymakers should use this to their advantage, providing federal grants to expand PUC staff and expert capacity to oversee utility planning and rate cases. The State Energy Oversight Act, for example, would provide formula funding to state public utility commissions for financial and technical assistance. In addition to supporting their day-to-day role in utility regulation, this could also empower commissions to ensure that new federal tax incentives and investments deliver effective ratepayer relief — a true federal-state partnership that delivers on energy affordability.
States are also closest to the siting, permitting, and interconnection barriers now constraining low-cost clean energy expansion. The next generation of federal energy legislation should build upon and help proliferate state policy innovations like Michigan’s Renewable Ready Communities program, which helps local governments buy into locating energy developments in their towns, and Texas’s connect-and-manage interconnection process, which adds new energy faster than any other U.S. grid.
At the same time, federal policymakers shouldn’t ask states to lead delivery of every program. Where incentives can clearly benefit individual consumers and companies and reorient markets toward more affordable clean technologies, direct federal incentives — especially the IRS’s existing tax filing infrastructure — can be more efficient than new state programs built from scratch. The federal government also has a critical role to play in supporting technology innovation and expediting permitting for projects that cross state lines.
Finally, future federal leaders must prioritize clarity, simplicity, and speed. The next energy legislation should streamline requirements and include real deadlines, backed by deep White House engagement with governors of both parties. That should include stronger regional federal staff support — for example the EPA maintains regional offices throughout the country, while DOE does not. This agenda must also be led by senior officials with genuine authority, not those buried in an intergovernmental affairs office.
States haven’t waited. Green banks now operate all across the country. Forty-five states have built climate plans that are ready to be acted upon. Twenty-four states are committed to achieving 100% clean energy. And this week’s elections have delivered new state leaders ready to build a more affordable energy economy. States are already building America’s energy future. Washington’s job, next time, is to trust them — and build alongside them.
The gains set up Democrats to potentially flip the utility commission in 2028.
The blue wave has officially reached the Arizona down ballot. Though two Democratic wins in the Arizona Corporation Commissioner race might not drum up the same national coverage as, say, flipping a Senate seat in South Carolina, the election of Clara Pratte and Jonathon Hill to the five-seat commission could have major energy implications in a state that already saw renewables champions take over the state’s largest utility earlier this year. (With close margins in slow-to-count Arizona, the ACC race wasn’t officially called until Thursday evening, when both Republicans conceded.)
Arizona is one of 10 states that elects its utility commissioners, with the ACC regulating private water, gas, and electric companies in the state. That includes overseeing Arizona Public Service and Tucson Electric Power, where bills have increased 52% and 10%, respectively, over the past five years, per Heatmap’s data. (The publicly owned Salt River Project, which serves much of the Phoenix area, operates largely without ACC oversight.)
The ACC has been wholly in Republican hands since 2024; during that time, the body repealed Arizona’s Electric Efficiency Standards, which had incentivized utilities to pursue energy efficiency programs, as well as the state’s Renewable Energy Standard and Tariff, which supported the build-out of solar and wind power. “They were a rubber stamp for all our utilities and refused to even consider anything in support of protecting our climate,” Arizona State Representative Brian Garcia, who was reelected on Tuesday, said during a press call with Lead Locally this week. “At one instant, one of the commissioners told someone who got sick from the heat — who turned off their power and their AC — ‘Well, that’s on them.’ And I think our state and our communities have had enough of that.”
Though the ACC remains under Republican control despite the two Democratic additions, it puts full control within a one-seat striking distance for progressives when the other three seats are up in 2028 — a much easier fight to win, and potentially a huge one, given that the party hasn’t controlled the ACC since 1997.
Of particular concern in 2026, though, was the development of data centers. Ralph Heap, a Republican in the race who made the League of Conservation Voters’ 12-person “worst of the worst” list out of all 6,342 seats up for grabs nationwide on Tuesday, previously told the Arizona Capitol Times he supports the data center build-out in the name of American AI dominance. Incumbent Republican Kevin Thompson, meanwhile, has argued that the commission “has done its job of shielding ratepayers from costs associated with servicing data centers and other large load users.”
Voters evidently disagreed, backing Hill and Pratte, who say they support a data center moratorium. “The Corporation Commission might not be able to implement a pause, but I think they can certainly be a clearinghouse for information,” Hill told Yellow Sheet Report, an Arizona political tipsheet, acknowledging the relatively limited role the ACC actually has in regulating data centers beyond demanding transparency of utilities’ energy service agreements.
There are other concerns, too. Climate organizers zeroed in on the ACC race because of its influence over the solar buildout in the nation’s sunniest state, where nevertheless six of the state’s 15 counties have a restrictive ordinance against the resource, Heatmap Pro data shows. Commissioner-elect Pratte, a member of the Navajo Nation and the first Indigenous person elected to statewide office in Arizona, is also the co-founder of Navajo Power, a clean-energy company that helps tribal nations develop solar energy and storage projects.
Arizona Public Service and Tucson Electric Power also both have pending rate increase requests under review by the ACC; a 14% rate increase for residential customers and a 45% or more increase for data centers in the case of APS, and a 10% increase for residential customers in the case of TEP. (The APS’ rate case will likely be decided in December, before Pratte and Hill take their seats.)
Additionally, State Senator Lauren Kuby has introduced a bill to change the name of the ACC to the Arizona Public Utility Commission, a move intended to highlight to voters “its significance to their daily lives,” as she told the Arizona Capitol Times earlier this year. Sure enough, John Qua, the campaign director at Lead Locally, and Caroline Spears, the executive director of Climate Cabinet, previously told my colleague Matthew Zeitlin that part of the trouble with supporting progressive candidates in the ACC race was communicating to Arizona voters that, like the race for governor, it is a partisan election.
But given how things turned out Tuesday nationwide — a referendum on cost-of-living and, perhaps, data centers — it seems they needn’t have worried. Arizonans worked out exactly who to blame.
Electricity companies look like one of the biggest losers of the 2026 midterms.
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I’m still wrapping my head around the size and scale of the Democratic victory on Tuesday. I suspect Wall Street is, too. Yesterday, the S&P 500 gained about 1.6% as investors saw an upside in the Democratic blow-out. Today, they lost their nerve: The S&P fell almost 4.4%, and the tech-focused Nasdaq slid by more than 5%. That AI-loaded index is now down more than 10% from its all-time high in October, which means it’s technically entered a “correction.” (If it drops by 20%, it’ll be in a bear market.)
Amid the market carnage, utilities have held out alright. The Vanguard utilities index fell by less than one percent today, and two of the country’s biggest vertically integrated electricity monopolies — Duke and Southern Company — actually gained ground. Other power companies — including Xcel Energy, which serves the Midwest and Dominion Energy in the Southeast — did okay as well.
I find that surprising, because utilities strike me as one of the biggest losers of Tuesday’s election.
That’s partly because utilities showed up in surprisingly specific ways in candidate policy proposals this cycle. Last night, I wrote about how Senate Democratic candidates took a fairly moderate tack on climate and energy policy this year. What I didn’t mention is that Adam Hamilton, Kansas’ newly elected Democratic senator, called out utilities specifically in his proposal for major new transmission. One of his four big energy policy proposals is as follows:
Require competitive bidding processes for transmission projects instead of handing utility companies lucrative contracts at taxpayer expense. When a nearly half-billion-dollar transmission project is handed to a single utility with no competitive bidding, Kansas ratepayers can end up paying far more than they should. Competitive bidding has been shown to cut these costs by twenty to thirty percent. Politicians on both sides of the aisle should speak out against harmful policies that avoid competitive bidding, like the $493 million project that was handed to Evergy.
I mean, sounds great to me, but transmission policy does not normally rank among Democrats’ biggest applause lines. Hamilton’s other energy ideas are far more conventional, including ending Trump’s tariffs, his war on domestic energy projects, and restoring the clean energy tax credits.
Hamilton wasn’t alone in targeting utilities. David Pomerantz, who leads the watchdogging Energy and Policy Institute, has a great blog post today looking at utility politics in the 2026 election. He argues that we’re about to see utilities endure a much tougher oversight regime than they’ve faced in decades.
Why? There was much more attention on public utility regulators in this election than there have been in previous ones, he argues. Historically, public utility commission appointments have been sleepy affairs. But “incoming new governors Amy Acton (Ohio), Jocelyn Benson (Michigan), David Crowley (Wisconsin), Aaron Ford (Nevada), and Hannah Pingree (Maine) all campaigned overtly on a promise to appoint commissioners who would put ratepayers first,” he writes. In a few of those gubernatorial races, the losing Republican candidate had also promised to fire or replace the existing utility commissioners.
It goes beyond just oversight. The incoming governors in Pennsylvania, Iowa, and Maine have all vowed to reform or lower utility profits. Democrats won a majority on Georgia’s public utility commission — and flipped two seats in Arizona’s five-person board — promising to look closely at the utility profit structure, too.
In one state, voters even directly intervened to limit utility action. Michigan’s Proposition 2, which bars regulated utilities from making campaign contributions, passed overwhelmingly with more than 80% of the vote (although it now faces a legal challenge). And more than 100 politicians, including the winning Benson, pledged not to take utility campaign contributions.
Anyway, it’s an interesting post. You might remember I spoke to David last week for Shift Key about how the bipartisan permitting legislation would weaken monopoly utilities. As my colleagues Jael Holzman and Emily Pontecorvo wrote yesterday, Democrats and Republicans are now negotiating a top-down amendment to that permitting package. We’ll soon learn if the new version — which could come out any time in the next two weeks — preserves the same tough-on-utilities provisions that Dave praised.