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Politics

Biden’s Unfinished Climate Agenda

Here are the most important climate policies left on the president’s to-do list.

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President Biden.
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If President Biden chose to sit on his hands for the remainder of his term, he would already have done far more to address climate change than any of his predecessors. But he still has a bunch of unfinished business — half-completed rules that will need to be finalized — that could go a long way toward making sure his initial achievements pay off. And he’s only got a few more months to get it done.

The most consequential items on his to-do list are finalizing two sets of regulations that his administration proposed last spring. The first would require most new cars sold in the U.S., and one-quarter of new heavy-duty trucks, to be electric by 2032; the second would drive more rapid reductions of emissions from the power sector and encourage a shift to renewables. The problem is that if the rules aren’t finalized by the end of this spring, they will be vulnerable to repeal if Republicans win a trifecta in Washington in the fall.

Biden’s biggest climate wins to date have been in the form of incentives, not requirements. The Inflation Reduction Act, the crowning achievement of his presidency, has made hundreds of billions of dollars available to build renewable energy and lower the cost of electric vehicles. Economic modeling by the Rhodium Group, a clean energy research firm, shows that these voluntary incentives make renewable energy so cost-effective that electricity-related emissions could decline by up to 75% from today’s levels by 2035 and transportation emissions could drop by up to 32%.

The operative word, however, is “voluntary.” Just because clean energy and electric vehicles are cheaper doesn’t mean they’ll be adopted with any urgency. Models assume the world optimizes for the best economic outcome, when in reality, there are many non-monetary factors at play — including, simply, resistance to change. The EPA’s rules are a backstop — they are the “sticks” to complement the “carrots” of the IRA.

“The incentives and the standards reinforce one another,” David Doniger, director of the climate and clean energy program at the Natural Resources Defense Council, told me. “You can't be sure you'll get the results with just the incentives. And at the same time, the incentives buy down the costs of the standards that lock in the results. So it's a very good combination.”

Many environmental groups say the EPA proposals need to be strengthened before they are finalized. “Even if Biden gets elected into the second term, we won’t have the opportunity to open up these rules again,” Rachel Patterson, the deputy policy director of Evergreen Action, told me. For example, only certain kinds of new natural gas plants are covered by the rules, whereas the group wants to see all new fossil fuel plants covered. It is also pushing the agency to require a more rapid transition to electric heavy duty trucks — or at least one in line with rules already in place in California.

Patterson said these rules aren’t just urgent from a climate perspective. “Getting dirty vehicles off the road is going to improve people's lives through cleaner air, through reduced pollution and health impacts. The same goes for clean power rules.”

The EPA’s most recent timetable shows the agency finalizing the car and truck standards in March and the power plant rules in April.

There’s a number of other ways that Biden could cement his climate legacy in the coming months. His Securities and Exchange Commission, led by Gary Gensler, has proposed climate reporting standards that would require public companies to disclose information to investors about their emissions and vulnerabilities to climate-related risks — these have yet to be finalized.

The number of programs in the Inflation Reduction Act is vast and the money is barely out the door. Patterson said Evergreen wants to see the administration getting the word out about the funding and providing technical assistance to states and communities to make sure these programs get fully taken advantage of.

It has also become increasingly clear that a transformation of the power sector is contingent on reforms to permitting processes and better planning for transmission infrastructure. Biden will need the Federal Energy Regulatory Commission to finalize rules that require electric grid operators to incorporate clean energy policies into their planning.

At stake is not just Biden’s legacy, but the country’s commitment to the rest of the world to halve emissions by 2030 — a goal that will help prevent the most disastrous climate outcomes.

“You can see the price we're paying,” Doniger said. “2023 was the hottest year ever, filled with climate driven disasters which killed people and cost gazillions of dollars. There's no reason not to expect more of the same in 2024 and looking out ahead unless we finally clamp down on emissions.”

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Current conditions: The Pineapple Express, an atmospheric river originating in the Pacific near Hawaii, is arriving in the Southwest laden with heavy rain that’s set to flood the region • Indonesia has the worst air quality in the world as forest fires rage along Sumatra’s southern coast • A cross-country storm will soak much of the United States on Tuesday’s Election Day.


THE TOP FIVE

1. Permitting bill’s worst-case climate scenario is still carbon neutral

The Senate’s grand compromise to simplify federal permitting on energy projects would likely drop emissions slightly as the benefits to accelerating deployments of clean energy infrastructure outweigh the boost the legislation could give to fossil fuels. Even under the worst-case scenario, emissions remain on the same trajectory as today. That’s according to a hotly anticipated new analysis by the Rhodium Group, the consultancy whose U.S. emissions estimates are among the most widely cited in American politics. The report, shared first with my colleague Emily Pontecorvo, found that provisions in the Bipartisan American Affordability and Jobs Act largely counteract each other on climate. The bill makes building transmission lines much easier, a key step to patching more renewables onto the grid. But it also makes new gas pipelines simpler to permit, clearing the way for a buildout of the infrastructure for the fossil fuel already dominating U.S. electricity and heating systems. Still, under the best-case scenario, the legislation could cut U.S. economy-wide emissions by 5% below where they would otherwise go in 2040. The bill could also slash energy bills by $78 per year and support construction of more than 200 gigawatts of clean energy capacity, as compared to a world where it didn’t pass. The Rhodium report is at least the second analysis yet to find that the bill could modestly lower emissions. The first, as I reported last week, came from the think tank Resources for the Future, which saw a slight drop in power-sector emissions relative to a world without BAAJA.

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Exclusive: New Modeling Finds Permitting Bill Would Likely Cut Emissions

Even in the worst-case scenario, BAAJA wouldn’t increase emissions, an analysis by the Rhodium Group concludes.

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The bipartisan permitting reform bill is likely to slightly cut greenhouse gas emissions and lower electricity bills by 2040 — or at worst leave emissions on the same trajectory that they are on today — as compared to the status quo, according to a new analysis of many of its provisions by the Rhodium Group, an independent research firm.

The analysis examines the policies in the Bipartisan American Affordability and Jobs Act, or BAAJA, that would have the most-clear cut effects on climate pollution and the energy system. It is the most comprehensive account of the bill’s effects on emissions so far, although it does not examine all of its provisions.

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Meta Data Center Federal Pipeline Review Due Early Next Year

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

The United States.
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1. Richland Parish, Louisiana – Gird your loins for the coming fight over the Meta Hyperion data center’s gas pipeline.

  • On Wednesday, the Federal Energy Regulatory Commission laid out plans for an environmental assessment of the Entergy pipeline for the Meta data center under the National Environmental Policy Act and stated it’ll be issued in early January 2027. Federal agencies have been ordered by the panel to complete any remaining decisions on authorizations by April.
  • The decision to do an environmental assessment under NEPA will be controversial. The Sierra Club filed comments to FERC stating they wanted an environmental impact statement instead that took into account the environmental impacts of the data center being fed by the pipeline, as well as a review of the project’s cumulative impacts, as the activist group said they’re explicitly linked to the data center’s operations. “The power stations and data center are not remote or speculative developments unrelated to the proposed action,” their comments read.
  • This is quite similar to what’s playing out with the Green Chile pipeline in New Mexico for Oracle and OpenAI’s Project Jupiter, which we recently explained could turn into litigation with high stakes for future gas pipelines linked to data centers. But to me, this conflict with Meta feels like it has more at stake for this individual project, as it’s playing out while construction on gas power plants for the data center has been underway for almost a year after earlier being blessed by state regulators.
  • I asked Sierra Club what could happen next. Eric Huber, one of their managing attorneys, told me on Thursday, “I heard the EA is expected in January, but we are in wait and see mode and will decide on further steps when it comes out.” Meta and Entergy did not respond to a request for comment.

2. Spartanburg County, South Carolina – I have one last data center race to tell you to watch on Tuesday: South Carolina’s 4th, on the northern rim of the state.

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