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Thanks to the Supreme Court, it is a very difficult proposal to talk about.

The Environmental Protection Agency just shoved power plants towards the renewable energy transition. But don’t expect supporters to crow about it.
On Thursday, the EPA took the long-awaited step of proposing greenhouse gas limits for new and existing power plants. If finalized and implemented, the rules would vastly reduce carbon pollution from the power sector by 2040 and mark the first time ever that the nation’s electricity system is subject to federal climate restrictions.
But first the rules must survive the sharply conservative Supreme Court, which has blocked previous attempts at regulating power-plant pollution. And so environmentalists and Biden officials will be forced to walk a rhetorical and legal tightrope: In order to keep the all-important rules alive, they will have to describe them as not very significant at all. And even though the rules will likely increase renewables’ share of U.S. power generation, few green groups will brag about it.
Why? Because they are dancing around a major Supreme Court ruling, West Virginia v. EPA, that came out last year.
In the case, the Court struck down the Clean Power Plan, President Barack Obama’s 2015 attempt at regulating climate pollution from power plants. Obama’s plan treated each state’s power plants as a single system, then let each state choose how to cut carbon pollution from that system. States could shut down plants or create a carbon-trading scheme. They could even link multiple carbon markets together to establish a de facto national cap-and-trade market.
That went too far beyond the EPA’s authority under the Clean Air Act, the Court ruled. Although the Court said that the agency could, in theory, issue rules to cut greenhouse gases from the electricity sector, those rules had to keep “within the fenceline” of each power plant.
The EPA could no longer get fancy when it wanted to regulate climate pollution. It could only use blunter, command-and-control technological mandates to reduce carbon pollution from each type of power plant, the Court said. And any technologies that it required had to be both “cost-reasonable” and “adequately demonstrated,” that is, affordable and feasible to install at scale.
The EPA’s new proposal tries to hew within those guidelines. The agency has determined that the best available technology to reduce emissions directly from fossil-fuel-burning power plants is to install carbon-capture equipment. Carbon-capture-and-storage technology, or CCS, is now affordable and feasible, the agency asserts.
“There’s a 100% chance that this will be challenged in court,” Michael Gerrard, a Columbia Law professor and the director of the Sabin Center for Climate Change Law, told us. “The debate will largely be about if CCS is ‘adequately demonstrated.’”
At stake, too, is the question of whether the rules represent a Trojan horse — that although the proposal appears to comply with the Court’s guidelines, the expense and hassle of installing carbon-capture equipment is meant to force utilities to shift to renewables anyway.
That could in fact be the rules’ practical effect. (Some environmentalists will admit — although not on the record — that they like the rules for this reason.) States and utilities can achieve the new standards any way they want, and in many cases they will find that shutting down a power plant and replacing it with wind, solar, and batteries is cheaper than installing new carbon scrubbers. Even with the Inflation Reduction Act’s new subsidies, carbon capture could prove to be more expensive or complicated than other options. CCS requires a network of pipelines and wells to inject carbon underground; wind, solar, and batteries mostly require open land.
Power plant regulations by the EPA could add 17 to 170 gigawatts of solar and wind to the grid by 2035, compared to the growth that is expected from the Inflation Reduction Act alone, according to Ben King, an analyst at the Rhodium Group, an energy-research firm.
At the absolute high end, renewables would command 5% more market share in the United States than they would otherwise, he said. (These estimates were based on an analysis of a similar, though not identical, version of the EPA’s proposal.)
Any legal challenges will leave the EPA’s lawyers in a difficult position. The agency must show that carbon capture is viable and not cost-prohibitive; and make it clear that the regulations are flexible for states and utilities, giving them a number of ways to meet the standard; and downplay the fact that in many cases the cheapest way to comply will in fact be to transition to renewables and batteries.
The industry, ever-desperate to evade regulations, has already begun to insinuate that carbon capture technology is not yet commercially available — a shift in tone from its typical enthusiasm for the technology — and therefore cannot be the basis for any standard. As we previously reported, Southern Company, a utility that has championed CCS, told EPA that the technology was “many years away” from becoming a reality.
“The irony here is that for many years, the industry talked about clean coal, and clean coal meant coal with CCS. And they were claiming that it worked, that it was available. And now they’ve switched. They say that now, years later, after a lot of technological development and billions of dollars of research, it’s not available,” Gerrard told us.
Supporters argue that the EPA’s new regulations are backed by precedent. The agency has long mandated that coal plants install technology that “scrubs” sulfur-dioxide emissions out of their exhaust streams, Eric Gimon, a senior fellow at the think tank Energy Innovation, told us.
As those rules have started to bite, some companies found that it was cheaper simply to shut coal plants down than install the scrubbers. Two years ago, a power company called Amaren determined it made more sense to shut down its Rush Island coal plant in Missouri 15 years earlier than planned rather than pay for upgrades to comply with the standard.
“Was it illegal for the EPA to build a standard that way? No, it’s perfectly reasonable,” Gimon said. “It’s like, ‘We put in a standard. We know you can comply with this standard at a cost. It's not astronomical, but if you think you can do better by retiring the unit and doing something else, knock yourself out.’ That's how it’s worked.”
Whether the EPA’s rules are upheld or not, the long-term future of the most carbon-intensive power plants on the grid — coal plants — is not in doubt.
“The grid is undergoing its own transformation of increasing renewables and decreasing fossil fuels,” Jay Duffy, litigation director at Clean Air Task Force, told us. In March, the Energy Information Administration projected that coal-fired generation would drop to about 50% of its current levels within eight years.
“No regulation,” he said, “is going to change that transition.”
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There is a heat wave in Europe, the world’s fastest warming continent. And so, as you may have heard, a perennial topic of online climate discourse has returned: Why don’t more Europeans have air conditioning?
I’m partially convinced this is psy op, or at least a figment of how social media organizes attention. I have a hypothesis that various “For You” page algorithms, especially that of the social network X, began to reward content that performed unusually well across national borders a few years ago. Since then, the amount of America vs. Europe content has surged. (Of course, writers have been comparing American and European lifestyles for much longer than that.)
Suffice it to say, though: It’s a fraught topic. I’ve assumed that as extreme heat gets worse as the climate changes, Europeans will simply get on with it and install AC, much as Americans in the Pacific Northwest have done. Yet there are cultural and regulatory obstacles to AC’s growth in Europe.
I’m sure I’ll write about it in the future, but for now I want to get a grip on the facts themselves. And so as a Friday special, I present to you — the facts about European AC, as I understand it:
Thanks so much for reading, and talk soon.
The movement against data centers is raising up a raison d'etre of the anti-renewables movement: protecting would-be farmland.
Farm owners and operators across the U.S. are winning national headlines almost every week for rejecting big dollar offers from data center developers. In Hanover County, Virginia, protestors are chanting “Grow Tomatoes, Not Data Centers.” In Pennsylvania and elsewhere, Republican legislators are mulling proposals to block the sale of so-called “prime farmland” for data center development. In Texas, the fight over data center development has engulfed the race for the state’s ag commissioner seat. In the Midwest, where agriculture reigns supreme, statewide races and congressional campaigns are slowly but surely being defined by the issue. Like in Nebraska where Austin Ahlman, an independent candidate running for Congress in Nebraska’s first district, told me he believes the data center backlash is reflective of a populist politics that broadly criticize elites and top-down control of the economy: “I think sometimes people misunderstand the anxieties of rural Americans when it comes to these data centers because a lot of their fears are about control long term.”
Unlike the farmland backlash around renewable energy development, the loudest critics are on the anti-monopolist left. On Wednesday, the prominent opposition group Food and Water Watch signaled farmland could soon be a watchword in the national data center debate – in a fashion analogous to what we’ve seen with renewable energy. The organization’s blog post entitled “The AI Data Center Boom Is Coming for Farmers” declared data centers verboten because of the threat they posed to “small and midsized family farmers.” Mitch Jones, deputy director of the campaign outfit, said he believes the threat to farmland is “a compelling reason to oppose data center development” but that his organization’s fight is primarily focused on protecting small business owners and an anti-monopoly sentiment.
“If data centers are coming into their areas, this puts even more pressure on them. It drives up the cost of their electricity, just as it does anyone else. It competes with them for water for crops, and it affects the value of their land in a perverse way,” Jones told me.
None of this should be surprising. An agricultural workforce has always been a good barometer for figuring out if a community will accept new infrastructure of any kind. We’ve seen as much time and time again with renewable energy, carbon capture, fossil energy and mining, just to name a few industries.
This same rule is true with data centers. In April, county commissioners in Kosciusko County, Indiana, unanimously rejected a Prologis data center; nearly 90% of acreage in Kosciusko County is being actively farmed, according to the Heatmap Pro database. Linn County, Iowa, in February enacted a rule severely restricting data center development in unincorporated areas; almost three-fourths of the land is used by the ag sector. A potential Amazon facility is causing heartburn in Clinton County, Ohio; nearly all land in the county is used for farming and utility-scale solar development has a recent history of conflict with landowners.
To be candid, I’m struck by the similarity in the backlash over siting data centers on farmland – a resemblance so close that some counties are starting to restrict renewable energy and data center development on farmland at the same time. This week, Eau Claire County, Wisconsin created a new “farmland preservation plan” discouraging utility-scale solar energy and data centers on any potential farmland. (More than 40% of land in this county is currently being used for farmland, according to Heatmap Pro.)
Jones at Food and Water Watch said his organization taking on the “protect farmland” mantle had nothing to do with the success this argument has had against renewable energy. “That thought never entered my head,” he told me, adding that if communities respond to the data center backlash by taking steps that short-circuit solar and wind too, that’s “a coincidence.”
I kept pressing. What if the pivot to farmland protection leads to more communities restricting renewable energy along with the data centers? “If you’re looking for a reason to oppose solar and wind, you can come up with that without having to attach data centers to it,” Jones said. “We’ve seen rural communities oppose solar and wind before data centers blew up across the country. It’s nothing new.”
And more of the week’s top news around project fights.
1. Virginia Beach, Virginia – The right-wing interest group lawsuit against Dominion Energy’s Coastal Virginia offshore wind is now dead, concluding one of the wackier tales of the Trump 2.0 energy era.
2. Box Elder County, Utah – Call it the Box Elder County massacre.
3. Davidson County, Tennessee – We have the latest updates in the Nashville Zoo data center drama and they’re a doozy and a half.
4. Clark County, Ohio – Yet another utility-scale solar farm is in the Ohio state permitting graveyard.