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Here are the most important climate policies left on the president’s to-do list.
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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Did a battery plant disaster in California spark a PR crisis on the East Coast?
Battery fire fears are fomenting a storage backlash in New York City – and it risks turning into fresh PR hell for the industry.
Aggrieved neighbors, anti-BESS activists, and Republican politicians are galvanizing more opposition to battery storage in pockets of the five boroughs where development is actually happening, capturing rapt attention from other residents as well as members of the media. In Staten Island, a petition against a NineDot Energy battery project has received more than 1,300 signatures in a little over two months. Two weeks ago, advocates – backed by representatives of local politicians including Rep. Nicole Mallitokis – swarmed a public meeting on the project, getting a local community board to vote unanimously against the project.
According to Heatmap Pro’s proprietary modeling of local opinion around battery storage, there are likely twice as many strong opponents than strong supporters in the area:
Heatmap Pro
Yesterday, leaders in the Queens community of Hempstead enacted a year-long ban on BESS for at least a year after GOP Rep. Anthony D’Esposito, other local politicians, and a slew of aggrieved residents testified in favor of a moratorium. The day before, officials in the Long Island town of Southampton said at a public meeting they were ready to extend their battery storage ban until they enshrined a more restrictive development code – even as many energy companies testified against doing so, including NineDot and solar plus storage developer Key Capture Energy. Yonkers also recently extended its own battery moratorium.
This flurry of activity follows the Moss Landing battery plant fire in California, a rather exceptional event caused by tech that was extremely old and a battery chemistry that is no longer popular in the sector. But opponents of battery storage don’t care – they’re telling their friends to stop the community from becoming the next Moss Landing. The longer this goes on without a fulsome, strident response from the industry, the more communities may rally against them. Making matters even worse, as I explained in The Fight earlier this year, we’re seeing battery fire concerns impact solar projects too.
“This is a huge problem for solar. If [fires] start regularly happening, communities are going to say hey, you can’t put that there,” Derek Chase, CEO of battery fire smoke detection tech company OnSight Technologies, told me at Intersolar this week. “It’s going to be really detrimental.”
I’ve long worried New York City in particular may be a powder keg for the battery storage sector given its omnipresence as a popular media environment. If it happens in New York, the rest of the world learns about it.
I feel like the power of the New York media environment is not lost on Staten Island borough president Vito Fossella, a de facto leader of the anti-BESS movement in the boroughs. Last fall I interviewed Fossella, whose rhetorical strategy often leans on painting Staten Island as an overburdened community. (At least 13 battery storage projects have been in the works in Staten Island according to recent reporting. Fossella claims that is far more than any amount proposed elsewhere in the city.) He often points to battery blazes that happen elsewhere in the country, as well as fears about lithium-ion scooters that have caught fire. His goal is to enact very large setback distance requirements for battery storage, at a minimum.
“You can still put them throughout the city but you can’t put them next to people’s homes – what happens if one of these goes on fire next to a gas station,” he told me at the time, chalking the wider city government’s reluctance to capitulate on batteries to a “political problem.”
Well, I’m going to hold my breath for the real political problem in waiting – the inevitable backlash that happens when Mallitokis, D’Esposito, and others take this fight to Congress and the national stage. I bet that’s probably why American Clean Power just sent me a notice for a press briefing on battery safety next week …
And more of the week’s top conflicts around renewable energy.
1. Queen Anne’s County, Maryland – They really don’t want you to sign a solar lease out in the rural parts of this otherwise very pro-renewables state.
2. Logan County, Ohio – Staff for the Ohio Power Siting Board have recommended it reject Open Road Renewables’ Grange Solar agrivoltaics project.
3. Bandera County, Texas – On a slightly brighter note for solar, it appears that Pine Gate Renewables’ Rio Lago solar project might just be safe from county restrictions.
Here’s what else we’re watching…
In Illinois, Armoracia Solar is struggling to get necessary permits from Madison County.
In Kentucky, the mayor of Lexington is getting into a public spat with East Kentucky Power Cooperative over solar.
In Michigan, Livingston County is now backing the legal challenge to Michigan’s state permitting primacy law.
On the week’s top news around renewable energy policy.
1. IRA funding freeze update – Money is starting to get out the door, finally: the EPA unfroze most of its climate grant funding it had paused after Trump entered office.
2. Scalpel vs. sledgehammer – House Speaker Mike Johnson signaled Republicans in Congress may take a broader approach to repealing the Inflation Reduction Act than previously expected in tax talks.
3. Endangerment in danger – The EPA is reportedly urging the White House to back reversing its 2009 “endangerment” finding on air pollutants and climate change, a linchpin in the agency’s overall CO2 and climate regulatory scheme.