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If Vice President Kamala Harris is elected president in November — as is looking increasingly likely — her term will last until the beginning of 2029. At that point, we’ll have a much better idea whether the planet is on track to hit the 1.5 degrees Celsius climate threshold that some expect it to cross that year; we’ll also know whether the United States is likely to meet the first goal of the Inflation Reduction Act: to reduce national greenhouse gas emissions to half of 2005 levels by 2030.
There is a lot riding on the outcome of the 2024 election, then. But even more to the point, there is a lot riding on how, and how aggressively, Harris extends President Biden’s climate policies. Last week, I spoke to nine different climate policy experts about what’s on their wishlists for a potential Harris-Walz administration and encountered resounding excitement about the opportunities ahead. I also encountered nine different opinions on how, exactly, Harris should capitalize on those opportunities, should she wind up in the White House come January.
That said, the ideas I heard largely coalesced into three main avenues of approach: The first would see Harris use her position to shore up the country’s existing climate policies, doubling down on spending and addressing loopholes in the IRA. A second path would involve aggressively expanding on Biden’s legacy, mainly through major new investments. The final and most ambitious path would involve Harris approaching climate change and the energy transition with an original and bold vision for the years ahead (though your priorities may vary).
The policy proposals that fall under these loosely organized paths aren’t necessarily mutually exclusive, and, as you’ll see, some of the advocate’s proposals fall into multiple categories. But it’s also true that by making everything a priority, nothing is. With that in mind, here are three approaches climate insiders say Harris could take if she wins the White House in November.
Before jumping headlong into expanding the country’s climate policies, the Harris administration could start by shoring up existing legislation — mainly, the loopholes and oversights in the Inflation Reduction Act. “The IRA was the biggest climate investment in history and fundamentally changed the emissions trajectory of the U.S — but the work is not done,” Adrian Deveny, founder of the decarbonization strategy group Climate Vision who previously worked on the IRA as Senate Majority Leader Chuck Schumer’s director of energy and environmental policy, told me.
As things stand, the policies in the IRA alone won’t be enough to meet President Biden’s goal of halving the nation’s greenhouse gas emissions by 2030; to do that, the U.S. would “need to pass another IRA-sized bill,” Deveny said. Until that happens, filling the IRA’s emissions gaps will take a lot of work “in every sector of the economy,” he added.
Lena Moffitt, the executive director of Evergreen Action — which has already released a comprehensive 2025 climate roadmap for a Harris administration — told me that the task of “doubling down on Biden’s climate legacy as a job creator” will run through rebuilding and expanding the grid and revitalizing industry and rural economies, two projects that started in the IRA but remain incomplete. “We’d love to see a day one executive order from the White House outlining a plan to create American jobs and seize the mantle of leadership by building clean energy and clean tech in the United States,” she told me.
Permitting reform is part of that — and could be another piece of yet-unfinished business Harris will need to wrap up. “If that doesn’t get done this year, that is what we have to look to as soon as possible during a future Harris administration,” Harry Godfrey, who leads Advanced Energy United's Federal Investment and Manufacturing Working Group, told me.
That’s not the only regulatory matter still up in the air. Austin Whitman, the CEO of The Climate Change Project, a non-profit that offers climate certification labeling and helps businesses reduce their emissions, told me that the Federal Trade Commission, for example, still hasn’t updated its green guides — “a loose collection of recommendations to companies on how to behave to not violate the FTC Act” — since 2012. “We just need a clear timeline and a sense of direction of where that whole process is going,” Whitman told me. Additionally, he said that the government has a substantial and outstanding role to play in standardizing and streamlining emissions reporting practices for businesses — which, while perhaps not “very sexy,” are necessary to “relieve the administrative burden so companies can focus on decarbonization.”
The last piece: Make sure everything that’s already in place is actually working. “We’re seeing that states and local governments need additional capacity to manage [the IRA] money well,” Jillian Blanchard, the director of Lawyers For Good Government’s climate change program, told me. Harris could help by enacting “more tangible policies like granting federal funding to hire community engagement specialists or liaisons or paying for the time of community leaders to provide local governments with key information on where the communities are that need to be benefited, and what they need.” She also floated the idea of a Community Change Grant extension to help get federal funding to localities more directly.
“One of the criticisms of the Inflation Reduction Act is that it didn’t do ‘X’ — whatever ‘X’ is,” Costa Samaras, the director of the Wilton E. Scott Institute for Energy Innovation at Carnegie Mellon and a former senior White House energy official, told me. “And in reality, it probably did. It just didn’t do it big enough.”
As opposed to those who thought Harris should take a quieter, dare I say conservative approach to advancing the U.S. climate agenda, Samaras told me he wanted to see Harris pump up the volume. The current climate moment requires “attacking the places where we need to immediately make big emissions cuts and big resilience investments. This is the industrial sector, the cultural sector, heavy transportation, as well as making sure that our cities and communities are built for people.”
There are plenty of existing programs that could take some supersizing. Godfrey of Advanced Energy United brought up the home energy rebate programs, arguing that as things stand, those resources are only serving “a fraction of the eligible population.” Blanchard of Lawyers For Good Government also pointed out that the Environmental Protection Agency had almost 300 Climate Pollution Reduction Grant applications totaling more than $30 billion in requests — but only $4.3 billion to hand out. “There are local governments, state governments, tribal nations, and territories hungry for this money to implement clean energy projects,” she said. “There are plans that are ready to go if there are additional federal award dollars in the future.”
Another place Harris could expand on Biden’s legacy would be by reinstating the U.S. as a climate leader on the world stage. “We need to say, ‘climate is back on the table,’” Whitman of The Climate Change Project told me. “It’s a main course, and we’re going to talk about it” — something that would give us “a more credible seat at the negotiating table at the COPs.”
Perhaps most importantly, though, Harris needs to use her term to start looking toward the future. As Deveny of Climate Vision told me, “We designed the IRA to think about meeting our 2030 target. And now we have to think about 2035.” Looking ahead isn’t “just about extending policies,” in other words, but about anticipating new technologies and opportunities that could arise in the next decade — and Harris, if elected, should step up to the challenge.
Some believe Harris shouldn’t limit herself to the framework of the IRA as it exists now — that she needs to dream bigger and better than anything seen under the Biden administration. “The question is: Are we going to just ride the coattails of the IRA as if this problem is mostly solved? Or are we going to put forward a whole new, bold vision of how we can take things on?” Saul Levin, the political director of the Green New Deal Network, wondered to me.
According to Deveny of Climate Vision, that means continuing to build on “our industrial renaissance.”
“We have really awakened a sleeping giant of clean industrial manufacturing in this country to make solar panels, wind turbines, and batteries,” he explained. “We can also lead the world in clean industrial manufacturing for steel, cement, and other heavy industry projects.” Samaras of Carnegie Mellon, too, shared this vision. “By the end of a potential Harris Administration first term, the path to zero emissions should be visible everywhere,” he told me. Also on his wishlist were “abundant energy-efficient and affordable housing, accessible clean mobility infrastructure everywhere, schools and post offices as community clean energy and resilience hubs, and climate-smart agriculture and nature-based solutions across the country,” plus greater investment in adaptation.
“The fact is that both the Bipartisan Infrastructure Law and Inflation Reduction Act are the largest investments in resilience we’ve ever done,” he said. But “we have to think about it the same way we have to think about mitigation,” he went on. “It’s the largest thing we’ve ever done — comma, so far.”
One of the biggest openings for Harris to distinguish herself from Biden, though, would be by taking a tougher tone with big polluters. Biden had shown less of an appetite for going after businesses, several times kicking the can down the road on a decision to what would have been his second term. Harris, by contrast, is well positioned with her background as a prosecutor and already went as far as to call for a “climate pollution fee” and the creation of an independent Office of Climate and Environmental Justice and Accountability during her 2019-2020 campaign.
“We love seeing her already reference from the stump that there is a lot that she can do with Congress or through the executive branch to hold polluters accountable for the toll that they have taken on families and our climate,” Moffitt of Evergreen Action told me. “That could look like a host of things, from repealing subsidies to using the Department of Justice to hold polluters accountable.” Maria Langholz, the senior director of Arc Initiatives, a strategy group that works with climate-related organizations, told me in an email that her team would also like to see the Harris administration revoke the presidential permit for Enbridge’s Line 5 pipeline as high, in addition to developing a public interest determination “that fully addresses the social, environmental, and economic impacts of LNG.”
But Levin, more than anyone else, wanted to see Harris pursue a “moonshot campaign from day one,” he said. “Hoping that tweaking the IRA is an appropriate solution to climate change is totally out of step with mainstream scientific consensus. It’s absolutely ridiculous. At the end of the day, we need to fundamentally transform our economy so that all people can survive climate change.” To have a prayer of meeting the IRA’s climate goals — let alone putting a meaningful dent in America’s contribution to global emissions — the U.S. must “invest trillions of dollars in transforming our transportation system, our building sector, our food and agriculture sector, and every part of the economy so that we can create a livable, sustainable world forever that works for everyone.”
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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.