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Whether that will matter in November is another story.

As President Joe Biden prepares to run for re-election, one fact has eluded much notice: His climate change policies are pretty popular.
In an exclusive Heatmap poll of 1,000 Americans conducted by Benenson Strategy Group late last year, most respondents backed the core ideas behind Biden’s climate policies. They expressed the most support of ideas meant to beef up the country’s manufacturing economy and build more renewable electricity.
Nearly 90% of Americans, for instance, support encouraging domestic manufacturing. They also support using tax incentives to make homes more energy efficient (85%), funding research into carbon dioxide removal (81%), investing in public transit (80%), and implementing policies that address environmental injustices (78%).
That is despite the overwhelming public disappointment in Biden. Biden’s approval rating has fallen to 37%, an all-time low of his presidency, despite his boisterous State of the Union performance. At first glance, Biden’s climate policy might seem to pose a paradox: It’s really popular (at least facially), but nobody has seemed to notice. That may persist through the November election. But it will not be able to last for too long after that.
The least popular policies are those that Biden has pursued only when he has bipartisan support — or that he has not pursued at all. Making it easier to build new fossil fuel pipelines, for instance, is supported by 62% of Americans, less than almost any other policy aimed at increasing the country’s energy supply. A slight majority of Americans support making it easier to build new nuclear power plants.
At first I doubted the veracity of these results — some of Biden’s policies are, after all, putting up autocrat-like ratings. A carbon tax is polling 52 points above water.
But these results largely match other polling. Surveys reliably find that about two-thirds of Americans would support some kind of carbon tax. Last year, for instance, 68%of Americans backed “requiring fossil fuel companies to pay a carbon tax,” according to a Yale poll. These numbers have been remarkably stable over time. As much as 67% of Americans backed a carbon tax in 2019, according to a poll from the University of Chicago and the Associated Press-NORC Center on Public Affairs Research.
If these numbers surprise you, you’re not alone. Most Americans underestimate public support for pro-climate policies. (Or at least, they underestimate what polling finds about Americans’ support for climate policies.)
The rub is that public support descends to more Earthly levels once you start asking about concrete costs. Those who say they support a carbon tax when told it will be imposed on fossil fuel companies, for instance, may change their minds after fossil fuel companies pass that tax along as higher prices. Another University of Chicago poll found that most Americans were okay paying a monthly fee of $1 to fight climate change. When asked if they’d pay $40 a month, support fell to 23%.
One of the more ironic aspects of Biden’s success is how rapidly commentators have forgotten that climate change policy used to be seen as uniquely difficult to legislate in the United States. In 1993, and then again in 2010, the House of Representatives passed bills that would have helped fight climate change. Each time, the Senate blocked the legislation. The Senate also effectively blocked the adoption of the Kyoto Protocol, the first international climate treaty, in the 1990s.
Through the decades, Congress passed energy bills meant to expand the energy supply in an all-of-the-above way and changed the tax code to let people and companies save money by building solar or wind energy. But these policies expired every few years, and they failed to amount to a unified climate strategy.
Other countries with other forms of government — China, the United Kingdom, the European Union member states — didn’t have this problem. (Which doesn’t mean that they’ve been perfect on climate change.) America’s failure to pass climate policy became a singular indictment of its bicameral system.
Why was it so hard to pass climate policy? The short answer is that for years, climate advocates focused on one particular policy — carbon pricing — as a cure-all solution to climate change. And while carbon pricing is backed up by economic theory, environmentalists and economists struggled to generate the kind of durable, veto-proof support that legislation needs to pass in today’s environment.
By design, carbon pricing raises the cost of energy — meaning that opponents can paint it as a measure meant to increase the cost of living. That didn’t work for voters in the persistently sluggish economy of the 2010s, and it split Democrats’ coalition — of college-educated liberals and lower-income workers — in half. (It also struggled to deal with the political mise en scene. Washington’s interest in climate policy has usually peaked during moments of high energy prices, but the past decade’s fracking boom kept a lid on oil and natural gas prices.)
But climate advocates also struggled for years against more political-economic obstacles. As the political scientist Matto Mildenberger documented, climate proposals have historically invited pro-business groups and labor unions to team up and fight a common enemy. Because climate policy targeted entire industries at once — and because these industries were, naturally, especially sensitive to wholesale energy prices — environmentalists had to take on labor and management at the same time.
It didn’t help that many of the industries concerned had a special claim to Democrats’ sensibilities. Until recently, many of the sectors most affected by climate policy were unionized at a higher rate than the average. Even today, more than 20% of utility workers belong to a union, for example, as compared to 6% of workers in the private sector. These rates were even higher in the recent past. About 16% of automaking workers are represented by unions today, but union membership stood at 60% within living memory. Even in 2010, about one in 10 American workers in the mining, quarrying, and fossil-fuel extraction industries were represented by a union, which was also above the national rate at the time.
Democrats dealt with these problems by abandoning most broad-scale attempts to tax fossil fuels. During the Trump administration, progressives chose to focus instead on using industrial policy and regulations to rein in carbon-intensive sectors — instead of raising the cost of fossil fuels, perhaps a climate law could lower the cost of clean alternatives. And instead of raising energy prices — thereby annoying voters and discouraging high-profile industries — perhaps policy could lower them. Hence the Inflation Reduction Act.
This approach succeeded! And yet many of the IRA’s policies have struggled to attract public attention. Even though the IRA is Biden’s signature legislative achievement — comparable to President Barack Obama’s Affordable Care Act — Biden has largely avoided the specific backlash that greeted that law. Obamacare was about 10 points underwater in 2010, even as Obama himself was about as popular as he was unpopular. Biden, by contrast, is incredibly disliked — he is now 17 points underwater, a nadir for his presidency — yet the IRA’s core ideas remain well-liked.
That is politically inconvenient for Biden and it raises difficult long-term questions for progressives. Biden and Democrats have seemingly given voters what they want — and it’s not clear that the voters care.
But for the would-be Grover Cleveland to Biden's Benjamin Harrison, it might be more of a problem. If elected, Trump has promised to repeal parts of the Inflation Reduction Act. His rhetoric on climate change hasn’t really changed since the 2016 election, when he argued that it was “job-killing.” Meanwhile, he hates electric vehicles, claiming that “they don’t go far, they cost too much, and they’re all going to be made in China.”
Yet it’s the electric vehicles made in America that are going to get him. If Trump repeals the IRA’s subsidies, then domestic manufacturing will suffer. The EV industry has created roughly 70,000 jobs over the past three years, and many of those roles are in electorally decisive states, including Georgia and Michigan. Trump has promised to act as a “Day One dictator,” but even then, he will still be at least partly constrained by the desires and interests of the local and state-level Republicans who support him — and they will need those jobs and investment to continue.
Of course, there’s no guarantee that these policies will produce political support. In Texas, an explosion of renewable construction has led not to surging public support for clean energy, but to a state-led “war” on wind and solar. (That said, renewables don’t generate local jobs and economic activity in the same long-term way that factories do.) Yet these policies don’t ever have to be popular to be durable — in part because voters won’t organize around them until they’re threatened. Biden’s climate policies — no matter how popular — will probably never win him reelection. But they could very well protect his legacy long after he’s gone.
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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.