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The political marriage of President Donald Trump and Elon Musk, the EV mogul and world’s richest man, has significantly changed the outlook for what the Trump administration might mean for energy policy, decarbonization, and the rule of law.
Musk has taken over numerous offices responsible for crucial functions within the federal government, including the Office of Personnel Management at the White House. Musk has snatched control of the federal government’s payments system, and he and his team have illegally tried to use it to block payments to federal programs, according to CNN and The New York Times. Conservative budget experts say that such a move violates the Constitution, which grants sole control over the power of the purse to Congress.
What’s the issue? The problem here is not primarily that Musk is unelected — there are lots of powerful people in every administration who are not elected (though few have ever had as many conflicts of interest as Musk, the CEO of the world’s most valuable automaker in Tesla and the holder of many government contracts via the rocket company SpaceX and satellite internet provider Starlink). Nor would it be a problem if Musk were merely trying to modernize the government’s IT systems.
The problem is that Musk has used his control of a technical system — the software that the government uses to send more than a billion payments a year — to assert effective control over federal programs and policies. This is why Musk trying to shut off payments that have been appropriated by Congress matters: He is in essence saying that because he can do something with the software, he may do it.
The issue is that the government can do many things that it broadly does not do because they are illegal.
But Trump and Musk together are now testing the limits of the law.
The Trump administration is operating on a legal theory that the president can simply decide not to spend money that has been appropriated by Congress. Key officials in the Trump administration argue that Congress sets a ceiling, but not a floor, when it appropriates federal funding. It also believes that the Impoundment Control Act of 1974, which Congress passed during the Nixon administration, is unconstitutional.
I find it hard to believe that the Supreme Court — which last year severely limited the executive branch’s ability to interpret congressional laws which create and govern agencies — agrees with Trump that the president can ignore those same laws when they govern federal spending. But the Court has reached shocking decisions on Trump’s behalf before.
Trump’s team seems to be trying to make this legal theory central to how his entire administration works. Impoundment underpinned the White House’s attempt last month to block all outgoing federal grants and loans, which briefly threw the government into chaos before it was blocked by a judge and ultimately rescinded.
Musk’s ploy, seemingly, is to move so fast that these legal and constitutional questions become moot. If he can close a federal agency’s offices, put its workers on leave, and cut off funding to its programs, then perhaps it won’t matter what a judge says about impoundment itself. And if Musk can control the tap of public money, turning it on and off at will, then he can usurp the operation of the United States government.
In the world of climate and energy, Musk’s prominence — and the lack of precedent for his situation — raises important questions for businesses and policy makers. Here is what we do not know about Musk today:
In 2010, the federal government issued a $465 million loan to Tesla so that it could build a factory in California for its Model S sedan.
In recent years, the government has made similar deals, lending tens of billions of dollars to other companies that make electric vehicles or that mine and refine critical minerals.
Last month, the Biden administration closed a $6.57 billion loan to Rivian, the electric truck maker, so that it could build a new factory in Georgia.
Some of these new borrowers, including Rivian and legacy automakers like Ford, compete with Tesla. It is still unclear whether Musk will be able to use his control of the federal government’s checkbook to cut off some loans and allow others to proceed. Doing so would ultimately stifle competition in the EV sector, benefitting Tesla, where Musk remains CEO.
The White House said this week that Trump is allowing Musk to police his own conflicts of interest.
In December, Musk called for Congress to “get rid” of the clean energy tax credits created by the Inflation Reduction Act.
Most tax credits are claimed by companies against what they owe on their taxes, meaning that they result in negative revenue to the government. But the IRA created a new kind of credit — a so-called “direct payment” — that allowed states, schools, churches, tribes, and other entities without federal tax liability to claim money for installing clean energy or buying electric vehicles.
Those payments — and any other tax refunds — ultimately run through the Treasury Department’s computer systems. It remains unclear whether Musk can use control of the federal government’s checkbook to block the payout of these payments.
One of Musk’s initiatives, the U.S. DOGE Service, is housed at the General Services Administration, or GSA.
The GSA is the government’s internal landlord and facilities manager — it owns, builds, and manages federal office space. It also operates parts of the federal vehicle fleet.
Under the Biden administration, it undertook a number of energy sustainability and efficiency initiatives. Some of these programs were canceled by President Trump’s initial set of executive orders, but the full scope of Musk’s authority in the agency remains unclear.
Last year, the U.S. military was investigating whether Elon Musk complied with the rules of his security clearance, according to The New York Times.
At the time, Musk’s rocket company, SpaceX, had already declined to pursue the highest level security clearance for Musk, in part because of reports around his open drug use and contact with foreign leaders, according to The Wall Street Journal. Musk is reported to hold a “Top Secret” clearance.
The Journal has also previously reported that Musk conducted secret conversations with Vladimir Putin and that Musk’s drug use worries Tesla and SpaceX executives.
Tesla has deep ties in China. It achieved record sales in China last year, although its market share has fallen as Chinese EV companies have out-competed its aging vehicle line-up. Tesla is reportedly opening a new factory in Shanghai this month. Musk has also staked out public positions that favor the Chinese Community Party’s views. In 2022, he suggested that Taiwan could become a “special administrative zone” of the People’s Republic of China.
It’s unclear how these commitments might affect his work for the U.S. government.
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On Energy Transfer’s legal win, battery storage, and the Cybertruck
Current conditions: Red flag warnings are in place for much of Florida • Spain is bracing for extreme rainfall from Storm Martinho, the fourth named storm in less than two weeks • Today marks the vernal equinox, or the first day of spring.
A jury has ordered Greenpeace to pay more than $660 million in damages to one of the country’s largest fossil fuel infrastructure companies after finding the environmental group liable for defamation, conspiracy, and physical damages at the Dakota Access Pipeline. Greenpeace participated in large protests, some violent and disruptive, at the pipeline in 2016, though it has maintained that its involvement was insignificant and came at the request of the local Standing Rock Sioux Tribe. The project eventually went ahead and is operational today, but Texas-based Energy Transfer sued the environmental organization, accusing it of inciting the uprising and encouraging violence. “We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech,” said Deepa Padmanabha, senior legal counsel for Greenpeace USA. The group said it plans to appeal.
The Department of Energy yesterday approved a permit for the Calcasieu Pass 2 liquified natural gas terminal in Louisiana, allowing the facility to export to countries without a free trade agreement. The project hasn’t yet been constructed and is still waiting for final approvals from the independent Federal Energy Regulatory Commission, but the DOE’s green light means it faces one less hurdle.
CP2 was awaiting DOE’s go-ahead when the Biden administration announced its now notorious pause on approvals for new LNG export facilities. The project’s opponents argue it’s a “carbon bomb.” Analysis from the National Resources Defense Council suggested the greenhouse gases from the project would be equivalent to putting more than 1.85 million additional gas-fueled automobiles on the road, while the Sierra Club found it would amount to about 190 million tons of carbon dioxide equivalent annually.
President Trump met with 15 to 20 major oil and gas executives from the American Petroleum Institute at the White House yesterday. This was the president’s first meeting with fossil fuel bosses since his second term began in January. Interior Secretary Doug Burgum and Energy Secretary Chris Wright were also in the room. Everyone is staying pretty quiet about what exactly was said, but according to Burgum and Wright, the conversation focused heavily on permitting reform and bolstering the grid. Reuters reported that “executives had been expected to express concerns over Trump’s tariffs and stress the industry view that higher oil prices are needed to help meet Trump’s promise to grow domestic production.” Burgum, however, stressed that oil prices didn’t come up in the chat. “Price is set by supply and demand,” he said. “There was nothing we could say in that room that could change that one iota, and so it wasn’t really a topic of discussion.” The price of U.S. crude has dropped 13% since Trump returned to office, according to CNBC, on a combination of recession fears triggered by Trump’s tariffs and rising oil output from OPEC countries.
The U.S. installed 1,250 megawatts of residential battery storage last year, the highest amount ever and nearly 60% more than in 2023, according to a new report from the American Clean Power Association and Wood Mackenzie. Overall, battery storage installations across all sectors hit a new record in 2024 at 12.3 gigawatts of new capacity. Storage is expected to continue to grow next year, but uncertainties around tariffs and tax incentives could slow things down.
China is delaying approval for construction of BYD’s Mexico plant because authorities worry the electric carmaker’s technology could leak into the United States, according to the Financial Times. “The commerce ministry’s biggest concern is Mexico’s proximity to the U.S.,” sources told the FT. As Heatmap’s Robinson Meyer writes, BYD continues to set the global standard for EV innovation, and “American and European carmakers are still struggling to catch up.” This week the company unveiled its new “Super e-Platform,” a new standard electronic base for its vehicles that it says will allow incredibly fast charging — enabling its vehicles to add as much as 249 miles of range in just five minutes.
Tesla has recalled 46,096 Cybertrucks over an exterior trim panel that can fall off and become a road hazard. This is the eighth recall for the truck since it went on sale at the end of 2023.
This fusion startup is ahead of schedule.
Thea Energy, one of the newer entrants into the red-hot fusion energy space, raised $20 million last year as investors took a bet on the physics behind the company’s novel approach to creating magnetic fields. Today, in a paper being submitted for peer review, Thea announced that its theoretical science actually works in the real world. The company’s CEO, Brian Berzin, told me that Thea achieved this milestone “quicker and for less capital than we thought,” something that’s rare in an industry long-mocked for perpetually being 30 years away.
Thea is building a stellarator fusion reactor, which typically looks like a twisted version of the more common donut-shaped tokamak. But as Berzin explained to me, Thea’s stellarator is designed to be simpler to manufacture than the industry standard. “We don’t like high tech stuff,” Berzin told me — a statement that sounds equally anathema to industry norms as the idea of a fusion project running ahead of schedule. “We like stuff that can be stamped and forged and have simple manufacturing processes.”
The company thinks it can achieve simplicity via its artificial intelligence software, which controls the reactor’s magnetic field keeping the unruly plasma at the heart of the fusion reaction confined and stabilized. Unlike typical stellarators, which rely on the ultra-precise manufacturing and installment of dozens of huge, twisted magnets, Thea’s design uses exactly 450 smaller, simpler planar magnets, arranged in the more familiar donut-shaped configuration. These magnets are still able to generate a helical magnetic field — thought to keep the plasma better stabilized than a tokamak — because each magnet is individually controlled via the company’s software, just like “the array of pixels in your computer screen,” Berzin told me.
“We’re able to utilize the control system that we built and very specifically modulate and control each magnet slightly differently,” Berzin explained, allowing Thea to “make those really complicated, really precise magnetic fields that you need for a stellarator, but with simple hardware.”
This should make manufacturing a whole lot easier and cheaper, Berzin told me. If one of Thea’s magnets is mounted somewhat imperfectly, or wear and tear of the power plant slightly shifts its location or degrades its performance over time, Thea’s AI system can automatically compensate. “It then can just tune that magnet slightly differently — it turns that magnet down, it turns the one next to it up, and the magnetic field stays perfect,” Berzin explained. As he told me, a system that relies on hardware precision is generally much more expensive than a system that depends on well-designed software. The idea is that Thea’s magnets can thus be mass manufactured in a way that’s conducive to “a business versus a science project.”
In 2023, Thea published a technical report proving out the physics behind its so-called “planar coil stellarator,” which allowed the company to raise its $20 million Series A last year, led by the climate tech firm Prelude Ventures. To validate the hardware behind its initial concept, Thea built a 3x3 array of magnets, representative of one section of its overall “donut” shaped reactor. This array was then integrated with Thea’s software and brought online towards the end of last year.
The results that Thea announced today were obtained during testing last month, and prove that the company can create and precisely control the complex magnetic field shapes necessary for fusion power. These results will allow the company to raise a Series B in the “next couple of years,” Berzin said. During this time, Thea will be working to scale up manufacturing such that it can progress from making one or two magnets per week to making multiple per day at its New Jersey-based facility.
The company’s engineers are also planning to stress test their AI software, such that it can adapt to a range of issues that could arise after decades of fusion power plant operation. “So we’re going to start breaking hardware in this device over the next month or two,” Berzin told me. “We’re purposely going to mismount a magnet by a centimeter, put it back in and not tell the control system what we did. And then we’re going to purposely short out some of the magnetic coils.” If the system can create a strong, stable magnetic field anyway, this will serve as further proof of concept for Thea’s software-oriented approach to a simplified reactor design.
The company is still years away from producing actual fusion power though. Like many others in the space, Thea hopes to bring fusion electrons to the grid sometime in the 2030s. Maybe this simple hardware, advanced software approach is what will finally do the trick.
The Chinese carmaker says it can charge EVs in 5 minutes. Can America ever catch up?
The Chinese automaker BYD might have cracked one of the toughest problems in electric cars.
On Tuesday, BYD unveiled its new “Super e-Platform,” a new standard electronic base for its vehicles that it says will allow incredibly fast charging — enabling its vehicles to add as much as 249 miles of range in just five minutes. That’s made possible because of a 1,000-volt architecture and what BYD describes as matching charging capability, which could theoretically add nearly one mile of range every second.
It’s still not entirely clear whether the technology actually works, although BYD has a good track record on that front. But it suggests that the highest-end EVs worldwide could soon add range as fast as gasoline-powered cars can now, eliminating one of the biggest obstacles to EV adoption.
The new charging platform won’t work everywhere. BYD says that it will also build 4,000 chargers across China that will be able to take advantage of these maximum speeds. If this pans out, then BYD will be able to charge its newest vehicles twice as fast as Tesla’s next generation of superchargers can.
“This is a good thing,” Jeremy Wallace, a Chinese studies professor at Johns Hopkins University, told me. “Yes, it’s a Chinese company. And there are geopolitical implications to that. But the better the technology gets, the easier it is to decarbonize.”
“As someone who has waited in line for chargers in Pennsylvania and New Jersey, I look forward to the day when charging doesn’t take that long,” he added.
The announcement also suggests that the Chinese EV sector remains as dynamic as ever and continues to set the global standard for EV innovation — and that American and European carmakers are still struggling to catch up. The Trump administration is doing little to help the industry catch up: It has proposed repealing the Inflation Reduction Act’s tax credits for EV buyers, which provide demand-side support for the fledgling industry, and the Environmental Protection Agency is working to roll back tailpipe-pollution rules that have furnished early profits to EV makers, including Tesla. Against that background, what — if anything — can U.S. companies do to catch up?
The situation isn’t totally hopeless, but it’s not great.
BYD’s mega-charging capability is made possible by two underlying innovations. First, BYD’s new platform — the wiring, battery, and motors that make up the electronic guts of the car — will be capable of channeling up to 1,000 volts. That is only a small step-change above the best platforms available elsewhere— the forthcoming Gravity SUV from the American carmaker Lucid is built on a 926-volt platform, while the Cybertruck’s platform is 800 volts — but BYD will be able to leverage its technological firepower with mass manufacturing capacity unrivaled by any other brand.
Second, BYD’s forthcoming chargers will be capable of using the platform’s full voltage. These chargers may need to be built close to power grid infrastructure because of the amount of electricity that they will demand.
But sitting underneath these innovations is a sprawling technological ecosystem that keeps all Chinese electronics companies ahead — and that guarantees Chinese advantages well into the future.
“China’s decisive advantage over the U.S. when it comes to innovation is that it has an entrenched workforce that is able to continuously iterate on technological advances,” Dan Wang, a researcher of China’s technology industry and a fellow at the Paul Tsai China Center at Yale Law School, told me.
The country is able to innovate so relentlessly because of its abundance of process knowledge, Wang said. This community of engineering practice may have been seeded by Apple’s iPhone-manufacturing effort in the aughts and Tesla’s carmaking prowess in the 2010s, but it has now taken on a life of its own.
“Shenzhen is the center of the world’s hardware manufacturing industry because it has workers rubbing shoulders with academics rubbing shoulders with investors rubbing shoulders with engineers,” Wang told me. “And you have a more hustle-type culture because it’s so much harder to maintain technological moats and technological differentiation, because people are so competitive in these sorts of spaces.”
In a way, Shenzhen is the modern-day version of the hardware and software ecosystem that used to exist in northern California — Silicon Valley. But while the California technology industry now largely focuses on software, China has taken over the hardware side.
That allows the country to debut new technological innovations much faster than any other country can, he added. “The comparison I hear is that if you have a new charging platform or a new battery chemistry, Volkswagen and BMW will say, We’ll hustle to put this into our systems, and we’ll put it in five years from now. Tesla might say, we’ll hustle and get it in a year from now.”
“China can say, we’ll put it in three months from now,” he said.“You have a much more focused concentration of talent in China, which collapses coordination time.”
That culture has allowed the same companies and engineers to rapidly advance in manufacturing skill and complexity. It has helped CATL, which originally made batteries for smartphones, to become one of the world’s top EV battery makers. And it has helped BYD — which is close to unseating Tesla as the world’s No. 1 seller of electric vehicles — move from making lackluster gasoline cars to some of the world’s best and cheapest EVs.
It will be a while until America can duplicate that manufacturing capability, partly because of the number of headwinds it faces, Wang said.