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It’s not early phase-out. These 3 changes could overhaul the law’s clean electricity supports.

On Monday, the Republican-led House Ways and Means Committee released the first draft of its rewrite of America’s clean energy tax credits.
The proposal might look, at first, like a cautious paring back of the tax credits. But the proposal amounts to a backdoor repeal of the policies, according to energy system and tax analysts.
“The bill is written to come across as reasonable, but the devil is in the details,” Robbie Orvis, a senior analyst at Energy Innovation, a nonpartisan energy and climate think tank, told me. “It may not be literally the worst text we envisioned seeing, but it’s probably close.”
The proposal would strangle new energy development so quickly that it could raise power costs by as much as 7% over the next decade, according to the Rhodium Group, an energy and policy analysis firm.
Senate Republicans have already indicated that the proposal is unworkable. But to understand why, it’s worth diving into the specific requirements that render the proposal so destructive.
The clean energy tax credits are one of the centerpieces of American energy policy. They’re meant to spur companies to deploy new forms of energy technology, such as nuclear fusion or advanced geothermal wells, and simultaneously to cut carbon pollution from the American power grid.
The U.S. government has long used the tax code to encourage the build-out of wind turbines or solar panels. But when Democrats passed the Inflation Reduction Act in 2022, they rewrote a pair of key tax credits so that any technology that generates clean electricity would receive financial support.
Under the law as enacted, these clean electricity tax credits provide 10 years of support to any electricity project — no matter how it generates power — for the foreseeable future. But the new Republican proposal would begin phasing down the value of the credit starting in 2029, and end the program entirely in 2032.
That might sound like a slow and even reasonable phase-out. But a series of smaller changes to the law’s text introduce significant uncertainty about which projects would continue to qualify for the tax credit in the interim. Taken together, these new requirements would kill most, if not all, of the tax credits’ value.
Here are three reasons why the Republican proposal would prove so devastating to the American clean electricity industry.
The new Ways and Means proposal begins to phase out the clean energy tax credits immediately. The proposal cuts the value of the tax credit by 20% per year starting in 2029, and ends the credit entirely in 2032.
But the GOP proposal changes a key phrase that helps financiers invest confidently in a given project.
Under the law as it stands today, developers can’t claim a tax credit until a project is “placed in service” — meaning that it is generating electricity and selling it to the grid. But a project qualifies for a tax credit in the year that construction on that project begins.
For example, imagine a utility that begins building a new geothermal power plant this year, but doesn’t finish construction and connect it to the grid until 2029. Under current law, that company could qualify for the value of the credit as it stands today, but it wouldn’t begin to get money back on its taxes until 2029.
But the GOP proposal would change this language. Under the House Republican text, projects only qualify for a tax credit when they are “placed in service,” regardless of when construction begins. This means that the new geothermal power plant in the earlier example could only get tax credits as set at the 2029 value — regardless of when construction begins.
What’s more, if work on the project were delayed, say by a natural disaster or unexpected equipment shortage, and the power plant’s completion date was pushed into the following year, then the project would only qualify for credits as set at the 2030 value.
In other words, companies and utilities would have no certainty about a tax credit’s value until a project is completed and placed in service. Any postponement or slowdown at any part of the process — even if for a reason totally outside of a developer’s control — could reduce a tax credit’s value.
This makes the tax credits far less dependable than they are today. Generally, companies have more ability to plan around when construction on a power plant begins than they do over when it is placed in service.
This change will significantly raise financing costs for new energy projects of all types because it means that companies won’t be able to finalize their capital stack until a project is completed and turned on. The most complicated and adventurous projects — such as new geothermal, nuclear, or fusion power plants — could face the highest cost inflation.
The Inflation Reduction Act as it stands today attaches a “foreign entity of concern” rule to its $7,500 tax credit for electric vehicle buyers.
In order to qualify for that EV tax credit, automakers had to cut the percentage of Chinese-processed minerals and battery components that appear in their electric models every year. This phased in gradually over time — the idea being that while China dominates the EV and battery supply chain today, the requirement would provide a consistent spur to reshore production.
Somewhat ironically, the GOP proposal ditches the EV tax credit and its accompanying foreign sourcing rules. But it applies a strict version of the foreign entity of concern rule to every other tax credit in the law, including the clean electricity tax credits.
Under the House proposal, no project can qualify for the tax credits unless it receives no “material support” from a Chinese-linked entity. The language defines “material support” aggressively and expansively — it means any “any component, subcomponent, or applicable critical mineral” that is “extracted, processed, recycled, manufactured, or assembled.”
This provision, in other words, would essentially disqualify the use of any Chinese-made part, subcomponent, or metal in the construction of a clean electricity project, although the rule includes a partial and narrow carve-out for some components that are bought from a third-party. Even a mistakenly Chinese-sourced bolt could result in a project losing millions of dollars of tax credits.
Technically, the law also disqualifies the use of goods from other “foreign entities of concern” as defined under U.S. law, which include Russia, Iran, and North Korea. But China is the United States’ third largest trading partner, and it is the only manufacturer of the type of goods that matter to the law.
Solar projects would face immediate challenges under the new rule. China and its domestic companies command more than 80% of the market share for all stages of the solar panel manufacturing process, according to the International Energy Agency.
But then again, the proposal would be an issue for virtually all energy projects. Copper wiring, steel frames, grams of key metals — even geothermal plants rely on individual Chinese-made industrial components, according to Seaver Wang, an analyst at the Breakthrough Institute. These parts also intermingle on the global market, meaning that companies can’t be certain where a given part was made or where it comes from.
These new and stricter rules would kick in two years after the reconciliation bill passes, which likely means 2027.
This provision by itself would be unworkable. But it is made even worse by being coupled to the tax credit’s change to a “placed in service” standard. That’s because projects that are already under construction today might not meet these new foreign entity rules, essentially stripping them of tax credits that companies had already been banking on.
These projects have assumed that they will qualify for the tax credits’ full value, no matter when their power plant is completed, because they have already begun construction. But the GOP proposal would change this retroactively, possibly threatening the financial viability of energy projects that grid managers have been assuming will come online in the next few years.
In some ways, these two changes taken together are “worse than repeal,” Mike O’Boyle, an Energy Innovation analyst, told me. “A number of projects under construction now will lose eligibility."
It is also made worse by the House GOP plan to phase out the tax credits. If companies could plan on the tax credits remaining on the books long-term then the foreign entity rules might spur the creation of a larger domestic — or at least non-Chinese — supply chain for some clean energy inputs. But because the credits will phase out by 2032 regardless, fewer projects will qualify, and it won’t be worth it for companies to invest in alternative supply chains.
Finally, the House Republican proposal would end companies’ ability to sell the value of tax credits to other firms. The IRA had made it easier for utilities and developers to transfer the value of tax credits to other companies — essentially allowing companies with a lot of tax liability, such as banks, to acquire the rights to renewable developers’ credits.
The GOP proposal ends that right for every tax credit, even those that Republicans have historically looked on more favorably, such as the tax credit that rewards companies for capturing carbon dioxide from the atmosphere.
This change — coupled with the foreign entity and placed-in-service rules — will have an impact today on power markets by further gumming up the pipeline of new energy projects planned across the country, according to Advait Arun, an analyst at the Center for Public Enterprise.
The end to transferability “functionally imposes higher marginal tax rates on all of these projects,” Arun told me. “The prices that developers will get for their tax credits on the tax equity market today will be a lot lower than normal.”
That could significantly raise the cost of any new energy projects that get planned. And that will lead in the medium term to a further slowdown in the growth of electricity supply, just as turbine shortages have made it more difficult than ever to build a new natural gas power plant.
While many of these changes may seem academic, they will hit energy consumers faster than legislators might realize. Natural gas prices in the U.S. have been unusually high in 2025. A slowdown in the growth of non-fossil energy will further stress natural gas supplies, raising power prices.
Taken together, Orvis told me, these changes to the IRA “will increase the price of the vast majority of new capacity coming online next year,” Orvis said. “It’s an immediate price hike for new energy, and you can’t replace that with new gas.”
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In practice, direct lithium extraction doesn’t quite make sense, but 2026 could its critical year.
Lithium isn’t like most minerals.
Unlike other battery metals such as nickel, cobalt, and manganese, which are mined from hard-rock ores using drills and explosives, the majority of the world’s lithium resources are found in underground reservoirs of extremely salty water, known as brine. And while hard-rock mining does play a major role in lithium extraction — the majority of the world’s actual production still comes from rocks — brine mining is usually significantly cheaper, and is thus highly attractive wherever it’s geographically feasible.
Reaching that brine and extracting that lithium — so integral to grid-scale energy storage and electric vehicles alike — is typically slow, inefficient, and environmentally taxing. This year, however, could represent a critical juncture for a novel process known as Direct Lithium Extraction, or DLE, which promises to be faster, cleaner, and capable of unlocking lithium across a wider range of geographies.
The traditional method of separating lithium from brine is straightforward but time-consuming. Essentially, the liquid is pumped through a series of vast, vividly colored solar evaporation ponds that gradually concentrate the mineral over the course of more than a year.
It works, but by the time the lithium is extracted, refined, and ready for market, both the demand and the price may have shifted significantly, as evidenced by the dramatic rise and collapse of lithium prices over the past five years. And while evaporation ponds are well-suited to the arid deserts of Chile and Argentina where they’re most common, the geology, brine chemistry, and climate of the U.S. regions with the best reserves are generally not amenable to this approach. Not to mention the ponds require a humongous land footprint, raising questions about land use and ecological degradation.
DLE forgoes these expansive pools, instead pulling lithium-rich brine into a processing unit, where some combination of chemicals, sorbents, or membranes isolate and extricate the lithium before the remaining brine gets injected back underground. This process can produce battery-grade lithium in a matter of hours or days, without the need to transport concentrated brine to separate processing facilities.
This tech has been studied for decades, but aside from a few Chinese producers using it in combination with evaporation ponds, it’s largely remained stuck in the research and development stage. Now, several DLE companies are looking to build their first commercial plants in 2026, aiming to prove that their methods can work at scale, no evaporation ponds needed.
“I do think this is the year where DLE starts getting more and more relevant,” Federico Gay, a principal lithium analyst at Benchmark Mineral Intelligence, told me.
Standard Lithium, in partnership with oil and gas major Equinor, aims to break ground this year on its first commercial facility in Arkansas’s lithium-rich Smackover Formation, while the startup Lilac Solution also plans to commence construction on a commercial plant at Utah’s Great Salt Lake. Mining giant Rio Tinto is progressing with plans to build a commercial DLE facility in Argentina, which is already home to one commercial DLE plant — the first outside of China. That facility is run by the French mining company Eramet, which plans to ramp production to full capacity this year.
If “prices are positive” for lithium, Gay said, he expects that the industry will also start to see mergers and acquisitions this year among technology providers and larger corporations such as mining giants or oil and gas majors, as “some of the big players will try locking in or buying technology to potentially produce from the resources they own.” Indeed, ExxonMobil and Occidental Petroleum are already developing DLE projects, while major automakers have invested, too.
But that looming question of lithium prices — and what it means for DLE’s viability — is no small thing. When EV and battery storage demand boomed at the start of the decade, lithium prices climbed roughly 10-fold through 2022 before plunging as producers aggressively ramped output, flooding the market just as EV demand cooled. And while prices have lately started to tick upward again, there’s no telling whether the trend will continue.
“Everyone seems to have settled on a consensus view that $20,000 a tonne is where the market’s really going to be unleashed,” Joe Arencibia, president of the DLE startup Summit Nanotech, told me, referring to the lithium extraction market in all of its forms — hard rock mining, traditional brine, and DLE. “As far as we’re concerned, a market with $14,000, $15,000 a tonne is fine and dandy for us.”
Lilac Solutions, the most prominent startup in the DLE space, expects that its initial Utah project — which will produce a relatively humble 5,000 metric tons of lithium per year — will be profitable even if lithium prices hit last year’s low of $8,300 per metric ton. That’s according to the company’s CEO Raef Sully, who also told me that because Utah’s reserves are much lower grade than South America’s, Lilac could produce lithium for a mere $3,000 to $3,500 in Chile if it scaled production to 15,000 or 20,000 metric tons per year.
What sets Lilac apart from other DLE projects is its approach to separating lithium from brine. Most companies are pursuing adsorption-based processes, in which lithium ions bind to an aluminum-based sorbent, which removes them from surrounding impurities. But stripping the lithium from the sorbent generally requires a good deal of freshwater, which is not ideal given that many lithium-rich regions are parched deserts.
Lilac’s tech relies on an ion-exchange process in which small ceramic beads selectively capture lithium ions from the brine in their crystalline structure, swapping them for hydrogen ions. “The crystal structure seems to have a really strong attraction to lithium and nothing else,” Sully told me. Acid then releases the concentrated lithium. When compared with adsorption-based tech, he explained, this method demands far fewer materials and is “much more selective for lithium ions versus other ions,” making the result purer and thus cheaper to process into a battery-grade material.
Because adsorption-based DLE is already operating commercially and ion-exchange isn’t, Lilac has much to prove with its first commercial facility, which is expected to finalize funding and begin construction by the middle of this year.
Sully estimates that Lilac will need to raise around $250 million to build its first commercial facility, which has already been delayed due to the price slump. The company’s former CEO and current CTO Dave Snydacker told me in 2023 that he expected to commence commercial operations by the end of 2024, whereas now the company plans to bring its Utah plant online at the end of 2027 or early 2028.
“Two years ago, with where the market was, nobody was going to look at that investment,” Sully explained, referring to its commercial plant. Investors, he said, were waiting to see what remained after the market bottomed out, which it now seems to have done. Lilac is still standing, and while there haven’t yet been any public announcements regarding project funding, Sully told me he’s confident that the money will come together in time to break ground in mid-2026.
It also doesn’t hurt that lithium prices have been on the rise for a few months, currently hovering around $20,000 per tonne. Gay thinks prices are likely to stabilize somewhere in this range, as stakeholders who have weathered the volatility now have a better understanding of the market.
At that price, hard rock mining would be a feasible option, though still more expensive than traditional evaporation ponds and far above what DLE producers are forecasting. And while some mines operated at a loss or mothballed their operations during the past few years, Gay thinks that even if prices stabilize, hard-rock mines will continue to be the dominant source of lithium for the foreseeable future due to sustained global investment across Africa, Brazil, Australia, and parts of Asia. The price may be steeper, but the infrastructure is also well-established and the economics are well-understood.
“I’m optimistic and bullish about DLE, but probably it won’t have the impact that it was thought about two or three years ago,” Gay told me, as the hype has died down and prices have cooled from their record high of around $80,000 per tonne. By 2040, Benchmark forecasts that DLE will make up 15% to 20% of the lithium market, with evaporation ponds continuing to be a larger contributor for the next decade or so, primarily due to the high upfront costs of DLE projects and the time required for them to reach economies of scale.
On average, Benchmark predicts that this tech will wind up in “the high end of the second quartile” of the cost curve, making DLE projects a lower mid-cost option. “So it’s good — not great, good. But we’ll have some DLE projects in the first quartile as well, so competing with very good evaporation assets,” Gay told me.
Unsurprisingly, the technology companies themselves are more bullish on their approach. Even though Arencibia predicts that evaporation ponds will continue to be about 25% cheaper, he thinks that “the majority of future brine projects will be DLE,” and that DLE will represent 25% or more of the future lithium market.
That forecast comes in large part because Chile — the world’s largest producer of lithium from brine — has stated in its National Lithium Strategy that all new projects should have an “obligatory requirement” to use novel, less ecologically disruptive production methods. Other nations with significant but yet-to-be exploited lithium brine resources, such as Bolivia, could follow suit.
Sully is even more optimistic, predicting that as lithium demand grows from about 1.5 million metric tons per year to around 3.5 million metric tons by 2035, the majority of that growth will come from DLE. “I honestly believe that there will be no more hard rock mines built in Australia or the U.S.,” he said, telling me that in ten years time, half of our lithium supply could “easily” come from DLE.
As a number of major projects break ground this year and the big players start consolidating, we’ll begin to get a sense of whose projections are most realistic. But it won’t be until some of these projects ramp up commercial production in the 2028 to 2030 timeframe that DLE’s market potential will really crystalize.
“If you’re not a very large player at the moment, I think it’s very difficult for you to proceed,” Sully told me, reflecting on how lithium’s price shocks have rocked the industry. Even with lithium prices ticking precariously upwards now, the industry is preparing for at least some level of continued volatility and uncertainty.
“Long term, who knows what [prices are] going to be,” Sully said. “I’ve given up trying to predict.”
A chat with CleanCapital founder Jon Powers.
This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.
The following conversation was lightly edited for clarity.
Alright, so let’s start off with a big question: How do investors in clean energy view Trump’s permitting freeze?
So, let’s take a step back. Look at the trend over the last decade. The industry’s boomed, manufacturing jobs are happening, the labor force has grown, investments are coming.
We [Clean Capital] are backed by infrastructure life insurance money. It’s money that wasn’t in this market 10 years ago. It’s there because these are long-term infrastructure assets. They see the opportunity. What are they looking for? Certainty. If somebody takes your life insurance money, and they invest it, they want to know it’s going to be there in 20 years in case they need to pay it out. These are really great assets – they’re paying for electricity, the panels hold up, etcetera.
With investors, the more you can manage that risk, the more capital there is out there and the better cost of capital there is for the project. If I was taking high cost private equity money to fund a project, you have to pay for the equipment and the cost of the financing. The more you can bring down the cost of financing – which has happened over the last decade – the cheaper the power can be on the back-end. You can use cheaper money to build.
Once you get that type of capital, you need certainty. That certainty had developed. The election of President Trump threw that into a little bit of disarray. We’re seeing that being implemented today, and they’re doing everything they can to throw wrenches into the growth of what we’ve been doing. They passed the bill affecting the tax credits, and the work they’re doing on permitting to slow roll projects, all of that uncertainty is damaging the projects and more importantly costs everyone down the road by raising the cost of electricity, in turn making projects more expensive in the first place. It’s not a nice recipe for people buying electricity.
But in September, I went to the RE+ conference in California – I thought that was going to be a funeral march but it wasn’t. People were saying, Now we have to shift and adjust. This is a huge industry. How do we get those adjustments and move forward?
Investors looked at it the same way. Yes, how will things like permitting affect the timeline of getting to build? But the fundamentals of supply and demand haven’t changed and in fact are working more in favor of us than before, so we’re figuring out where to invest on that potential. Also, yes federal is key, but state permitting is crucial. When you’re talking about distributed generation going out of a facility next to a data center, or a Wal-Mart, or an Amazon warehouse, that demand very much still exists and projects are being built in that middle market today.
What you’re seeing is a recalibration of risk among investors to understand where we put our money today. And we’re seeing some international money pulling back, and it all comes back to that concept of certainty.
To what extent does the international money moving out of the U.S. have to do with what Trump has done to offshore wind? Is that trade policy? Help us understand why that is happening.
I think it’s not trade policy, per se. Maybe that’s happening on the technology side. But what I’m talking about is money going into infrastructure and assets – for a couple of years, we were one of the hottest places to invest.
Think about a European pension fund who is taking money from a country in Europe and wanting to invest it somewhere they’ll get their money back. That type of capital has definitely been re-evaluating where they’ll put their money, and parallel, some of the larger utility players are starting to re-evaluate or even back out of projects because they’re concerned about questions around large-scale utility solar development, specifically.
Taking a step back to something else you said about federal permitting not being as crucial as state permitting–
That’s about the size of the project. Huge utility projects may still need federal approvals for transmission.
Okay. But when it comes to the trendline on community relations and social conflict, are we seeing renewable energy permitting risk increase in the U.S.? Decrease? Stay the same?
That has less to do with the administration but more of a well-structured fossil fuel campaign. Anti-climate, very dark money. I am not an expert on where the money comes from, but folks have tried to map that out. Now you’re even seeing local communities pass stuff like no energy storage [ordinances].
What’s interesting is that in those communities, we as an industry are not really present providing facts to counter this. That’s very frustrating for folks. We’re seeing these pass and honestly asking, Who was there?
Is the federal permitting freeze impacting investment too?
Definitely.
It’s not like you put money into a project all at once, right? It happens in these chunks. Let’s say there’s 10 steps for investing in a project. A little bit of money at step one, more money at step two, and it gradually gets more until you build the project. The middle area – permitting, getting approval from utilities – is really critical to the investments. So you’re seeing a little bit of a pause in when and how we make investments, because we sometimes don’t know if we’ll make it to, say, step six.
I actually think we’ll see the most impact from this in data center costs.
Can you explain that a bit more for me?
Look at northern Virginia for a second. There wasn’t a lot of new electricity added to that market but you all of the sudden upped demand for electricity by 20 percent. We’re literally seeing today all these utilities putting in rate hikes for consumers because it is literally a supply-demand question. If you can’t build new supply, it's going to be consumers paying for it, and even if you could build a new natural gas plant – at minimum that will happen four-to-six years from now. So over the next four years, we’ll see costs go up.
We’re building projects today that we invested in two years ago. That policy landscape we invested in two years ago hasn’t changed from what we invested into. But the policy landscape then changed dramatically.
If you wipe out half of what was coming in, there’s nothing backfilling that.
Plus more on the week’s biggest renewables fights.
Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.
Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.
White Pine County, Nevada – The Trump administration is finally moving a little bit of renewable energy infrastructure through the permitting process. Or at least, that’s what it looks like.
Mineral County, Nevada – Meanwhile, the BLM actually did approve a solar project on federal lands while we were gone: the Libra energy facility in southwest Nevada.
Hancock County, Ohio – Ohio’s legal system appears friendly for solar development right now, as another utility-scale project’s permits were upheld by the state Supreme Court.