You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
The fight to preserve the Inflation Reduction Act’s tax credits begins in earnest this week.

More than 100 clean energy companies, trade associations, and other industry stakeholders are descending on Capitol Hill this week to amplify an ongoing lobbying push to preserve clean energy tax credits in the upcoming budget reconciliation bill. Groups such as Clean Energy for America, the Solar Energy Industries Association, and the Carbon Capture Coalition will be making their case alongside battery storage companies like Enphase, investors from CleanCapital, utility-scale wind and solar developers, small residential solar installers, and customers that have benefited, including school superintendents.
Their mission? Convince Republicans on the House Ways and Means committee that the clean energy tax credits in the Inflation Reduction Act are key to executing President Trump’s energy agenda.
The Ways and Means Committee oversees tax writing, meaning that it will be responsible for proposing which of Trump’s tax cuts to include in the upcoming budget reconciliation bill, how to pay for them, and which of the Inflation Reduction Act’s tax credits should stay or go. “That is where these decisions are being talked about behind closed doors,” Andrew Reagan, the president of Clean Energy for America, told me.
Although the Senate will also have a say, Reagan said that the signal in Washington right now is that whatever version of the bill the House passes is going to be pretty close to the final bill. “That’s why it’s so important for any Republican members who see the benefit of what’s happening in their communities and how their constituents are saving money on energy to be talking to their colleagues right now in Ways and Means.”
I talked to Reagan more about what the lobbying push this week will look like. Our conversation has been lightly edited for length and clarity.
First off, why is this push happening now? What’s going on this week?
Folks both in clean energy businesses and in trade associations have been meeting with Hill offices on an almost daily basis throughout this year to highlight the negative impacts that would happen if these priority energy tax credits are not preserved. What’s unique here is Congress is back in session, and we have the process moving in Ways and Means. And as Speaker Johnson and others have signaled, the House version is what they expect will be the final version of a reconciliation bill. So the time to preserve these energy tax credits is now.
Which tax credits are your priority? Is it a push for everything, or is it a push for specific policies?
We want to be a voice for both the clean energy workforce and companies in this industry. The unifying message is we need policy stability, and if we’re going to achieve the energy goals that the Trump administration has laid out, we can’t do that by repealing or curtailing many of the critical energy credits. There is a lot of importance on both 45X, clean manufacturing, and 48E and 45Y, the tech neutral [clean electricity production and investment] credits because that has such a broad effect across the entire industry, across the entire economy. They are going to be pivotal to continuing to lower energy costs and create jobs.
I don’t want to give short shrift to a lot of the others that are creating innovation. I’m not sure if you saw the Jesse Jenkins study recently, but things like 30D, the consumer EV credit — he projected that has a big impact on 45X. So I think it’s also important to educate folks that there is a real risk. Even if you keep a credit in place, if you take away too much of the underlying reinforcement in related credits, you can see these really negative effects where it might be the same as effectively killing or curtailing some of those credits.
Other than making the jobs argument and the consumer savings argument, what is your message for Republicans?
One of the really important but maybe underappreciated points is that if you take away many of these credits, you will see electricity prices across the board, both for consumers and for industry, rise. There’s a study that [the Clean Energy Buyers Association] put out that gave a state by state projection of how much energy costs would rise just by next year, just if the 48E and 45Y production and investment credits were taken out. In some cases, in some states, that’s an increase of anywhere from up to 6% or 10% on top of existing inflation. So I think when we’re talking to Republican offices and Democratic offices, the case that we’re making is, “You want to lower costs for consumers? The existing tax credits that are helping more energy be produced are pivotal to doing that.”
And then, to come back to the parts of President Trump’s energy agenda that I think we all can get behind, things like bringing back manufacturing to the United States — manufacturing uses an immense amount of energy, so rising electricity prices for commercial applications make it harder to manufacture. As well as the president’s promise to lower energy bills by half in 12 to 18 months — there’s no way to achieve that goal if you curtail or drastically cut the energy tax credit.
So I think it’s important to really link for offices, if you are a Republican who wants to see President Trump’s energy agenda succeed, all of those things are reliant upon the existing energy credits. This is not a choice of, do they need to go against the president? This is something where they can still help their consumers, advance the parts of the president’s agenda that are related to energy, and they don’t have to make that choice.
Are you pushing for blanket protection for some of these tax credits? Or are you talking through potential compromises that legislators can make while still preserving the biggest benefits?
Clean Energy for America and the companies we work with, we’ve really just focused on education and the broader picture. I’ve been astounded by how many offices didn’t even know about some of the big projects in their district that were benefiting from tax credits. So I think there’s a lot more education needed about some of the very basics at this point. There are others with much more policy expertise equipped to get into some of those conversations. But again, at Clean Energy for America, our focus has been, here are all the benefits being created in your district, in your state, and backing that up with the data and the real voices of both companies and workers.
What does the fight to save the IRA on the Hill look like? Who are the main players to convince?
The first thing I would say is, the framing of “saving the IRA” — that’s not how we, or I think anyone else, thinks about it. A lot of the credits that we’re talking about predated the IRA, and so we really try to move the conversation on to, here are the pieces of these tax credits that both existed before and are currently benefiting your district. Brian Fitzpatrick on Ways and Means, he was instrumental in 2020 on some of the [investment tax credit] provisions.
We published a story this morning about the tough budget math that’s going to make it a lot harder to preserve the IRA. How is that playing into this lobbying push?
One thing I would say is, without getting too far in the weeds, I think the debate around “current policy baseline,” for how the tax package is paid for, is going to be probably the single most important thing. Even if you repealed all of the things we’re talking about, there’s no way to advance what the president wants in a tax package out of the House without a current policy baseline framework. So I think that is probably, even more so than the math of the current credits, going to be the pivotal piece of this larger policy.
Does that mean that you support a current policy baseline?
We have not advocated specifically, publicly on that issue. I’m just speaking from a process standpoint, that I would be very surprised if there’s a way that Republicans can get something out of the House if they don’t implement that current policy baseline.
Editor’s note: This article has been updated to correct the name of Representative Brian Fitzpatrick.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
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.