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Politics

The Greens Go to Court

On congestion pricing, carbon capture progress, and Tim Kaine.

The Greens Go to Court
Heatmap Illustration/Getty Images

Current conditions: New Orleans is experiencing another arctic blast, with wind chills near 20 degrees Fahrenheit on Thursday • Continued warm, dry conditions in India threaten the country’s wheat crop • Heavy rain in Botswana has caused widespread flooding.

THE TOP FIVE

1. Big Greens’ first lawsuit of Trump 2.0

Environmental groups filed their first lawsuit against the Trump administration on Wednesday, challenging Trump’s moves to open up public lands and waters to oil and gas drilling. Sierra Club, Greenpeace, the Natural Resources Defense Council, the Center for Biological Diversity, and Oceana, among others, are contesting the president’s executive order revoking Joe Biden’s protections of parts of the Gulf of Mexico and the Arctic, Pacific, and Atlantic Oceans from oil and gas leasing. The groups claim that the president has the authority to create these protections but not to withdraw them — a right reserved for Congress — and notes that a federal court confirmed this after Trump attempted to undo similar Obama-era protections during his first term.

2. Trump declares checkmate on congestion pricing

President Trump made his move to kill New York City’s congestion pricing program on Wednesday. In a letter to Governor Kathy Hochul, Department of Transportation Secretary Sean Duffy said he was reversing the Department of Transportation’s approval of the scheme, citing the impacts on drivers and claiming the program violated federal statute. Trump declared it “DEAD” in a Truth Social post, where he also proclaimed that New York had been “SAVED” and closed with “LONG LIVE THE KING.” The Metropolitan Transit Authority, which runs the program and relies on funding from it, immediately challenged the decision in a federal court and said it would continue to operate the program “unless and until a court orders otherwise.”

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  • 3. The climate and clean energy ups and downs of 2024

    A sweeping annual report from BloombergNEF and the Business Council for Sustainable Energy has a number of hopeful and concerning stats about what happened in America’s energy transition last year.

    The Good:

    • Solar and energy storage deployments continued to break records
    • Corporate procurements of clean power nearly doubled, with 183 deals signed, including new investments in nuclear plants
    • EV sales grew by 6.5% year on year, and legacy automakers finally started to show up for the party

    Chart of new clean energy buildouts.Chart courtesy of the Business Council on Sustainable Energy

    The Bad:

    • Emissions ticked up slightly, by 0.5%, with industrial emissions accounting for most of that growth due to rising natural gas use
    • Demand for natural gas reached a record high of 99.7 billion cubic feet per day, which includes LNG exports, and investment in natural gas infrastructure increased from $32 billion in 2023 to $49 billion
    • Onshore wind power additions declined for the fourth consecutive year

    4. Hydrogen and carbon capture lagging

    The same BNEF report also paints a lackluster picture of clean hydrogen and carbon capture development, two technologies that should benefit from generous federal subsidies. The U.S. had just 79 megawatts of “green” hydrogen production capacity by the end of 2024, with plans to build 34.7 gigawatts in the coming years.

    The hydrogen industry was in limbo last year as it awaited final rules for claiming the production tax credit. Green hydrogen is made from carbon-free electricity and water. But most hydrogen announcements in 2024 — some 77% — were for “blue” hydrogen, which is made from natural gas using carbon capture. And while there’s a growing pipeline of carbon capture projects, with plans to deploy the tech in new sectors like ammonia and chemical production, U.S. carbon capture capacity has remained unchanged since 2020.

    5. Kaine and Heinrich go after Trump’s “energy emergency”

    In a press conference on Wednesday, Senators Tim Kaine of Virginia and Martin Heinrich of New Mexico detailed their plan to invalidate President Trump’s declaration of an energy emergency. In early February, the two introduced what’s called a “privileged joint resolution” to terminate the emergency declaration, a type of legislation that the Senate is required to vote on. “We’re going to force a vote, force everybody to declare where they are on this sham emergency declaration,” Kaine said. Kaine and Heinrich made the case that the U.S. produced more oil and gas last year than at any point in history, and discussed the many domestic manufacturing projects and jobs that President Trump’s war on clean energy has put under threat. The vote is expected next week.

    THE KICKER

    Sweden’s Supreme Court threw out a class action lawsuit brought by Greta Thunberg and other activists against the nation for not doing enough to stop climate change.

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    Spotlight

    The Loud Fight Over Inaudible Data Center Noise

    Why local governments are getting an earful about “infrasound”

    Data center noise.
    Heatmap Illustration/Getty Images

    As the data center boom pressures counties, cities, and towns into fights over noise, the trickiest tone local officials are starting to hear complaints about is one they can’t even hear – a low-frequency rumble known as infrasound.

    Infrasound is a phenomenon best described as sounds so low, they’re inaudible. These are the sorts of vibrations and pressure at the heart of earthquakes and volcanic activity. Infrasound can be anything from the waves shot out from a sonic boom or an explosion to very minute changes in air pressure around HVAC systems or refrigerators.

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    Hotspots

    An Anti-Battery Avalanche Outside Seattle

    And more on the week’s top fights around project development.

    The United States.
    Heatmap Illustration/Getty Images

    1. King County, Washington – The Moss Landing battery backlash is alive and well more than a year after the fiery disaster, fomenting an opposition stampede that threatens to delay a massive energy storage project two dozen miles east of Seattle.

    • Moss Landing looms large in Snoqualmie, a city in the Cascade Mountains where Jupiter Power is trying to build Cascade Ridge Resiliency Energy Storage, a 130-megawatt facility conveniently located on unincorporated county land right by a substation and transmission infrastructure.
    • To say residents nearby are upset would be an understatement. A giant number of protestors – reportedly 650 people, which is large for this community of about 14,000 – showed up to rally against the project this weekend, just as Jupiter Power submitted its application for the project to county regulators.
    • The opposition is led by Snoqualmie Valley for Responsible Energy, a grassroots organization that primarily has focused on the risk of thermal runaway from battery storage events and rhetoric about the Moss Landing fire. “The battery chemistry proposed for Cascadia Ridge has not been verified in any public filing. Recent incidents illustrate what is at stake,” state SVRE strategy materials posted to their website.
    • Jupiter Power has tried to combat this campaign with its own organizing coalition – dubbed “Keep the Lights On!” – that includes local union labor and some environmentalists, including volunteers for Sierra Club. This campaign has emphasized how modern engineering around battery storage is nothing like the set-up was at Moss Landing.
    • However, the concerned voices are winning out over those who want the storage project. On Wednesday night, this outcry led the Snoqualmie city council at a special meeting to vote to request via letter for the storage project to be relocated and communicate that dissent to both the local utility, Puget Sound Energy, and King County.
    • “We encourage consideration of alternate locations within the Puget Sound Energy transmission and distribution system to better address the concerns that have been raised,” read a draft version of the letter presented by councilors at the meeting.
    • Jupiter Power told me it “welcome[s] any feedback from the community” and King County said in a statement, “We understand the concerns.” PSE told me they had not “received official notification about the formal action by the City Council and we can't comment on something we have not received.”
    • This degree of on-the-ground frustration will be challenging for any higher-level decision maker in Washington State to ignore. I’d argue the entire storage sector should be watching closely.

    2. Prince Williams County, Virginia – It was a big week for data center troubles. Let’s start with Data Center Alley, which started to show cracks this week as data center developer Compass announced it was pulling out of the controversial Digital Gateway mega-project.

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    Q&A

    Is the Left Making a ‘Massive Strategic Blunder’ on Data Centers?

    A conversation with Holly Jean Buck, author of a buzzy story about Bernie Sanders’ proposal for a national data center moratorium.

    Holly Jean Buck.
    Heatmap Illustration

    This week’s conversation is with Holly Jean Buck, an associate professor at the University of Buffalo and former official in the Energy Department’s Office of Fossil Energy and Carbon Management. Buck got into the thicket of the data center siting debate this past week after authoring a polemic epistemology of sorts in Jacobin arguing against a national data center ban. In the piece, she called a moratorium on AI data centers “a massive strategic blunder for the left, and we should think through the global justice implications and follow-on effects.” It argued that environmental and climate activists would be better suited not courting a left-right coalition that doesn’t seem to have shared goals in the long term.

    Her article was praised by more Abundance-leaning thinkers like Matthew Yglesias and pilloried by some of the more influential people in the anti-data center organizing space, such as Ben Inskeep of Citizens Action Coalition of Indiana. So I wanted to chat with her about the discourse around her piece. She humbly obliged.

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