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Romany Webb, the deputy director of the Sabin Center for Climate Change Law at Columbia University, has some answers.
Here’s the state of play: The Trump administration has continued to withhold already-obligated funding from the Inflation Reduction Act and the Bipartisan Infrastructure law from state and local governments, nonprofits, companies, and other entities.
More than a dozen groups have filed lawsuits challenging the Trump administration’s suppression of congressionally appropriated funds that don’t align with his political agenda, and several district courts have responded by placing restraining orders on the pause. And yet Trump and his cabinet have mostly ignored these orders, keeping many awardees in limbo.
This funding freeze, as it has come to be known, is far-reaching, affecting farmers, universities, health research, and international aid. But even just within our little climate corner of the universe, its effects are sweeping and could majorly undercut efforts to reduce emissions. Weatherization assistance programs, electrical vehicle charging funds, grants for innovative climate technologies and cleantech manufacturing facilities, and so much more, are under threat.
What happens now? Especially in light of the Trump administration’s defiance of court orders to get the money flowing again, I wanted to better understand how all of this could possibly play out. So I brought my questions to Romany Webb, the deputy director of the Sabin Center for Climate Change Law at Columbia University. Here’s what I learned.
The most significant differences are the parties that filed them and the parties they were brought against, Webb told me. For example, there are two cases that name the Office of Management and Budget, or OMB. One was brought by a group of states, the other by a group of nonprofits. Both seek an injunction on the funding freeze, and in both cases, the judge has issued a temporary restraining order. But in the state case, the restraining order is worded in a way that it could be interpreted to only apply to the states named in the case, said Webb. “So basically, it would only require unfreezing of funds that were due to those states. Whereas the order that was issued in the other case was broader.”
The big question is whether the president has the authority to hold back, a.k.a. impound funds that have been appropriated by Congress, said Webb. A law called the Impoundment Control Act, passed in 1974, says the president must first make a public request to Congress to rescind specific funds; they can pause spending for 45 days while waiting for a response, but not longer.
There’s no evidence, in this case, that President Trump sent such a request. And while the freeze on foreign aid is supposed to last 90 days, there was no time period specified for the general pause and review of climate-related funds. But Trump has called the Impoundment Control Act unconstitutional. “It does seem to me that these early actions freezing federal funding are really setting up that big question for the Supreme Court to hear and decide.”
One of the bases on which plaintiffs are challenging the Trump administration in these cases is the violation of the Impoundment Control Act. “In response to that argument, the administration might argue to the court, well, actually the Impoundment Control Act is unconstitutional, so we were never required to comply with that act,” Webb told me. The lower courts will rule on that argument, parties will appeal, and eventually it will make its way to the highest court. If the Impoundment Control Act is on the table, that’s the sort of issue the Supreme Court will want to weigh in on.
Somewhere along the way, the various cases will likely be consolidated, Webb said, or one of the lower courts may pause its review until one of the other cases is decided. I asked how long she thought this would take to get to the Supreme Court, but she declined to speculate.
“These cases have been heard on a relatively expedited schedule. We’ve seen these initial actions being taken relatively quickly by the courts, like the temporary restraining order and so forth, but it’s really hard to predict how long that will all take to play out.”
Webb posited that private companies are in a difficult position. The Trump administration has said it is reviewing contracts to identify projects that are inconsistent with the president’s policy priorities. Some private companies may be hoping they’ll make it out the other end of that process. “My sense is that at least some of the private sector entities in this space are just waiting to see what will happen next,” she said.
It’s unclear. Webb said that if the freeze were legitimately lifted then that would “moot the case.” If specific grants or programs get canceled, new suits will have to be filed. But because the freeze is so broad, it may be difficult to determine whether it has or has not been lifted. Webb suggested that the courts might also allow states to amend their complaints to be more targeted.
Webb said it was "extremely concerning.” The three branches of the U.S. government, with their checks and balances, are designed to protect against these situations. “It depends, though, on whether the various branches will really step up and fulfill their functions and provide a true check on the executive,” said Webb.
In a recent opinion article for The New York Times, two constitutional law professors from New York University described the various powers that courts have to respond. If the Trump administration continues to flout the court, they wrote, “the courts would be likely to issue further orders, with increasingly strict and specific requirements such as a due date.” If the administration still doesn’t comply, the government’s lawyers could face disbarment. The court could issue fines, hold officials in contempt of court, or to really escalate things, it could hold them in criminal contempt, which would move the matter to the U.S. attorney to prosecute. Alternatively the court could jail officials found to be defying the court’s order.
That said, Trump has the power to pardon criminals and to order the U.S. Marshals Service not to make the court-ordered arrests, so these avenues may be roads to nowhere. The path the scholars end on is perhaps the darkest timeline but also the most reassuring one:
“The chaos precipitated by so radically destabilizing the judiciary and the rule of law might well have serious economic consequences, including in the stock markets,” they write. “Foreign investment would likely flee the country; the dollar would fall. This would bring added pressure on the White House to comply with the courts and on Congress to demand such compliance.”
Yes and no. Webb said it’s still early, and it’s unclear whether the funding freeze has resulted in the breach of any of the government’s contracts yet. They all have slightly different terms, but the payments are usually set up to be disbursed in tranches. If the freeze does delay payments beyond their contractual timelines, the existing court cases challenging the funding freeze may raise that argument. But the administration is also looking for contracts to cancel. All of these contracts have termination terms, and can’t just be cancelled for no reason, so we may see new cases around unlawful terminations. “I think we will see a lot of attempts to argue that federal awardees are not in compliance with their contracts,” Webb told me.
She also noted that under the first Trump administration, the Department of Health and Human Services tried to cancel some awards that were made under a Teen Pregnancy Prevention Program on the basis that it did not align with the president’s priorities and the courts rejected that argument. “Assuming the courts continue to hold that view, the Trump administration couldn’t just say, we’re going to terminate your grant for work on solar energy, because we hate solar energy.”
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A war of attrition is now turning in opponents’ favor.
A solar developer’s defeat in Massachusetts last week reveals just how much stronger project opponents are on the battlefield after the de facto repeal of the Inflation Reduction Act.
Last week, solar developer PureSky pulled five projects under development around the western Massachusetts town of Shutesbury. PureSky’s facilities had been in the works for years and would together represent what the developer has claimed would be one of the state’s largest solar projects thus far. In a statement, the company laid blame on “broader policy and regulatory headwinds,” including the state’s existing renewables incentives not keeping pace with rising costs and “federal policy updates,” which PureSky said were “making it harder to finance projects like those proposed near Shutesbury.”
But tucked in its press release was an admission from the company’s vice president of development Derek Moretz: this was also about the town, which had enacted a bylaw significantly restricting solar development that the company was until recently fighting vigorously in court.
“There are very few areas in the Commonwealth that are feasible to reach its clean energy goals,” Moretz stated. “We respect the Town’s conservation go als, but it is clear that systemic reforms are needed for Massachusetts to source its own energy.”
This stems from a story that probably sounds familiar: after proposing the projects, PureSky began reckoning with a burgeoning opposition campaign centered around nature conservation. Led by a fresh opposition group, Smart Solar Shutesbury, activists successfully pushed the town to drastically curtail development in 2023, pointing to the amount of forest acreage that would potentially be cleared in order to construct the projects. The town had previously not permitted facilities larger than 15 acres, but the fresh change went further, essentially banning battery storage and solar projects in most areas.
When this first happened, the state Attorney General’s office actually had PureSky’s back, challenging the legality of the bylaw that would block construction. And PureSky filed a lawsuit that was, until recently, ongoing with no signs of stopping. But last week, shortly after the Treasury Department unveiled its rules for implementing Trump’s new tax and spending law, which basically repealed the Inflation Reduction Act, PureSky settled with the town and dropped the lawsuit – and the projects went away along with the court fight.
What does this tell us? Well, things out in the country must be getting quite bleak for solar developers in areas with strident and locked-in opposition that could be costly to fight. Where before project developers might have been able to stomach the struggle, money talks – and the dollars are starting to tell executives to lay down their arms.
The picture gets worse on the macro level: On Monday, the Solar Energy Industries Association released a report declaring that federal policy changes brought about by phasing out federal tax incentives would put the U.S. at risk of losing upwards of 55 gigawatts of solar project development by 2030, representing a loss of more than 20 percent of the project pipeline.
But the trade group said most of that total – 44 gigawatts – was linked specifically to the Trump administration’s decision to halt federal permitting for renewable energy facilities, a decision that may impact generation out west but has little-to-know bearing on most large solar projects because those are almost always on private land.
Heatmap Pro can tell us how much is at stake here. To give you a sense of perspective, across the U.S., over 81 gigawatts worth of renewable energy projects are being contested right now, with non-Western states – the Northeast, South and Midwest – making up almost 60% of that potential capacity.
If historical trends hold, you’d expect a staggering 49% of those projects to be canceled. That would be on top of the totals SEIA suggests could be at risk from new Trump permitting policies.
I suspect the rate of cancellations in the face of project opposition will increase. And if this policy landscape is helping activists kill projects in blue states in desperate need of power, like Massachusetts, then the future may be more difficult to swallow than we can imagine at the moment.
And more on the week’s most important conflicts around renewables.
1. Wells County, Indiana – One of the nation’s most at-risk solar projects may now be prompting a full on moratorium.
2. Clark County, Ohio – Another Ohio county has significantly restricted renewable energy development, this time with big political implications.
3. Daviess County, Kentucky – NextEra’s having some problems getting past this county’s setbacks.
4. Columbia County, Georgia – Sometimes the wealthy will just say no to a solar farm.
5. Ottawa County, Michigan – A proposed battery storage facility in the Mitten State looks like it is about to test the state’s new permitting primacy law.
A conversation with Jeff Seidman, a professor at Vassar College.
This week’s conversation is with Jeff Seidman, a professor at Vassar College and an avid Heatmap News reader. Last week Seidman claimed a personal victory: he successfully led an effort to overturn a moratorium on battery storage development in the town of Poughkeepsie in Hudson Valley, New York. After reading a thread about the effort he posted to BlueSky, I reached out to chat about what my readers might learn from his endeavors – and how they could replicate them, should they want to.
The following conversation was lightly edited for clarity.
So how did you decide to fight against a battery storage ban? What was your process here?
First of all, I’m not a professional in this area, but I’ve been learning about climate stuff for a long time. I date my education back to when Vox started and I read my first David Roberts column there. But I just happened to hear from someone I know that in the town of Poughkeepsie where I live that a developer made a proposal and local residents who live nearby were up in arms about it. And I heard the town was about to impose a moratorium – this was back in March 2024.
I actually personally know some of the town board members, and we have a Democratic majority who absolutely care about climate change but didn’t particularly know that battery power was important to the energy transition and decarbonizing the grid. So I organized five or six people to go to the town board meeting, wrote a letter, and in that initial board meeting we characterized the reason we were there as being about climate.
There were a lot more people on the other side. They were very angry. So we said do a short moratorium because every day we’re delaying this, peaker plants nearby are spewing SOx and NOx into the air. The status quo has a cost.
But then the other side, they were clearly triggered by the climate stuff and said renewables make the grid more expensive. We’d clearly pressed a button in the culture wars. And then we realized the mistake, because we lost that one.
When you were approaching getting this overturned, what considerations did you make?
After that initial meeting and seeing how those mentions of climate or even renewables had triggered a portion of the board, and the audience, I really course-corrected. I realized we had to make this all about local benefits. So that’s what I tried to do going forward.
Even for people who were climate concerned, it was really clear that what they perceived as a present risk in their neighborhood was way more salient than an abstract thing like contributing to the fight against climate change globally. So even for people potentially on your side, you have to make it about local benefits.
The other thing we did was we called a two-hour forum for the county supervisors and mayor’s association because we realized talking to them in a polarized environment was not a way to have a conversation. I spoke and so did Paul Rogers, a former New York Fire Department lieutenant who is now in fire safety consulting – he sounds like a firefighter and can speak with a credibility that I could never match in front of, for example, local fire chiefs. Winning them over was important. And we took more than an hour of questions.
Stage one was to convince them of why batteries were important. Stage two was to show that a large number of constituents were angry about the moratorium, but that Republicans were putting on a unified front against this – an issue to win votes. So there was a period where Democrats on the Poughkeepsie board were convinced but it was politically difficult for them.
But stage three became helping them do the right thing, even with the risk of there being a political cost.
What would you say to those in other parts of the country who want to do what you did?
If possible, get a zoning law in place before there is any developer with a specific proposal because all of the opposition to this project came from people directly next to the proposed project. Get in there before there’s a specific project site.
Even if you’re in a very blue city, don’t make it primarily about climate. Abstract climate loses to non-abstract perceived risk every time. Make it about local benefits.
To the extent you can, read and educate yourself about what good batteries provide to the grid. There’s a lot of local economic benefits there.
I am trying to put together some of the resources I used into a packet, a tool kit, so that people elsewhere can learn from it and draw from those resources.
Also, the more you know, the better. All those years of reading David Roberts and Heatmap gave me enough knowledge to actually answer questions here. It works especially when you have board members who may be sympathetic but need to be reassured.