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Republicans Mark Amodei of Nevada and Celeste Maloy of Utah introduced the measure late Tuesday night.
Late last week, the House Committee on Natural Resources released the draft text of its portion of the Republicans’ budget package. While the bill included mandates to open oil and gas leasing in Alaska’s Arctic National Wildlife Refuge, increase logging by 25% over 2024’s harvest, and allow for mining activities upstream of Minnesota’s popular Boundary Waters recreation area, there was also a conspicuous absence in its 96 pages: an explicit plan to sell off public lands.
To many of the environmental groups that have been sounding the alarm about Republicans’ ambitions to privatize federal lands — which make up about 47% of the American West — the particular exclusion seemed almost too good to be true. And as it turned out in the bill’s markup on Tuesday, it was. In a late-night amendment, Republican Representatives Mark Amodei of Nevada and Celeste Maloy of Utah introduced a provision to sell off thousands of acres in their states.
The maneuver, which came at nearly midnight, left many Democrats and environmental groups deeply frustrated by the lack of transparency. “The rushed and last-minute nature of this amendment introduction means little to no information is available,” the Southern Utah Wilderness Alliance said in a statement Wednesday.
While early reports had suggested the proposed sell-off would consist of around 11,000 acres of land in total between the two states, that number was arrived at in part due to the delayed release of maps, as well as an apparent malfunction with Amodei’s mic as he was discussing the parcels in Nevada, a communications adviser working with public land groups to analyze the amendment told me Thursday. It now looks as if the amendment offers up approximately 11,500 acres of land in Utah alone, based on acreage numbers included in the text.
Nevada’s parcels don’t include firm numbers, and public land groups are basing their estimates on eyeballing the maps prepared at the request of Amodei, as well as “other bits of information.” Democratic Senator Catherine Cortez Masto has estimated, for example, that the amendment proposes selling up to 200,000 acres of public land in Nevada’s Clark County, though some groups believe the acreage in the state could be much higher — totaling 500,000 acres across Utah and Nevada, or potentially even more.
House lawmakers appeared still to be at odds during a Wednesday morning press conference to announce the creation of a Bipartisan Public Lands Caucus. Rather than putting on the united front suggested by the working group’s name, former Secretary of the Interior and Montana Republican Ryan Zinke argued seemingly in defense of the amendment, saying, “A lot of communities are drying up because they’re looking to public land next door and they can’t use it.” Michigan Democrat Debbie Dingell then took the mic to say, “I would urge all of us that the hearings — it’s not done in the dead of night, and that we have good, bipartisan discussions with everybody impacted at the table.” (Zinke later said that he told Republican leadership “I strongly don’t believe [land sales] should be in the reconciliation bill,” and that the amendment represents his red line: “It’s a no now. It will be a no later. It will be a no forever.”)
Despite the cloak-and-dagger way Republicans introduced the amendment, there are several clues as to what exactly Amodei and Maloy are up to. Republican Senator Mike Lee of Utah has aggressively pushed for the sell-off of public lands, including introducing the Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act, which would “make small tracts of [Bureau of Land Management] land available to communities to address housing shortages or affordability.” Critics of the bill have called it the “McMansion Subsidy Act” and have argued — as the Center for Western Priorities’ Kate Groetzinger, does — that it would “do little to address housing issues in major metros like Salt Lake City and the fact that the current housing shortage is due largely to a lack of home construction, not land.” The Center for Western Priorities also contends that it “contains very few restrictions on what can be built on federal public lands that are sold off under the program.” Notably, Lee and Maloy have worked closely together in the past on transferring federal land in Utah to private ownership.
The land singled out in the Tuesday amendment includes BLM and Forest Service parcels in six counties in Utah and Nevada that “had already been identified for disposal by the counties,” Outdoor Life notes. While some land would be sold with “the express purpose of alleviating housing affordability,” the publication notes that “other parcels, including those in southern Utah, don’t have a designated purpose.”
One communications director at a regional environmental group pointed out to me that the amendment proposes no parcels on the Wasatch Front in and around Salt Lake City, where around 82% of the state’s population lives and where such a high-density housing case could be made. Instead, many of the parcels are located a four- to five-hour drive away in the more remote Washington County. Conspicuously, a number of the parcels abut roads, potentially teeing up highway expansions. One parcel is even adjacent to Zion National Park — a prime location for an expensive development or resort. As Michael Carroll, the BLM campaign director for the Wilderness Society, warned E&E News, it’s in this way that the bill appears to set “dangerous precedent that is intended to pave the way for a much larger scale transfer of public lands.”
While many Republicans contend that states can better manage public lands in the West than the federal government can (in addition, of course, to helping raise the $15 billion of the desired $2 trillion in deficit reductions across the government to offset Trump’s tax cuts), such a move could also have significant consequences for the environment. Turning over public lands to states — or to private owners — could also ease the way for expansive oil and gas development, especially in Utah, where there are ambitions to quadruple exports of fossil fuels from the state’s northeastern corner.
Reducing BLM land could also limit opportunities for solar, wind, and geothermal development; in Utah, the agency has identified some 5 million acres of public land, in addition to 11.8 million acres in Nevada, for solar development. While there are admittedly questions about how much renewable permitting will make it through the Trump BLM, it’s also true that solar development wouldn’t necessarily be the preference of private landowners if the land were transferred.
Tuesday’s markup ultimately saw the introduction of more than 120 amendments, including a Democratic provision that would have prohibited revenue from this bill from being used to sell off public lands, but was easily struck down by Republicans. In the end, Amodei and Maloy’s amendment was the only one the committee adopted. Shortly afterward, the lawmakers voted 26-17 to advance the legislation.
Editor’s note: This story has been updated to reflect new estimates of the amount of land to be sold off.
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A conversation with Heather Cooper, a tax attorney at McDermitt Will & Emery, about the construction rules in the tax bill.
This week I had the privilege of speaking with Heather Cooper, a tax attorney at McDermitt Will & Emery who is consulting with renewables developers on how to handle the likelihood of an Inflation Reduction Act repeal in Congress. As you are probably well aware, the legislation that passed the House earlier this week would all but demolish the IRA’s electricity investment and production tax credits that have supercharged solar and wind development in the U.S., including a sharp cut-off for qualifying that requires beginning construction by a date shortly after the bill’s enactment.
I wanted to talk to Heather about whether there was any way for developers to creatively move forward and qualify for the construction aspect of the credits’ design. Here’s an abridged version of our conversation, which happened shortly after the legislation passed the House Thursday morning.
How would this repeal affect projects that are already in the pipeline?
Projects in the pipeline are likely going to be safe harbored or grandfathered from these repeals, assuming they’ve gone far enough into their development to meet certain tax rules.
For projects that are less far along in the pipeline and haven’t had any outlays or expenditures yet, those developers right now are scrambling and I’ve gotten probably about 100 emails from my clients today asking me questions about what they can do to establish construction has begun on their project.
If they don’t satisfy those construction rules under the tax bill, they will be completely ineligible for the energy generating credits — the investment tax credit and production tax credit. A pretty significant impact.
What are the questions your clients are asking you?
I’m being asked how these credits are being repealed, if there’s any grandfathering, and how it’s impacting transferability. Also, they’re asking if these rules are tied to construction or placing in service or tax years generally. But also, it seems like people are asking what folks need to do to technically begin construction.
How much will this repeal affect fights between developers and opposition? I spoke to an attorney who told me this repeal could empower NIMBYs, for example.
I don’t know if it empowers them as much as NIMBYs will have less to worry about. If these projects are no longer economical, if these are no longer efficient to build, then the projects just won’t get built. NIMBYs and opponents will be happy.
I don’t think anything about the particular structure of the repeal, though, is empowering opponents. It is what it is.
Like, you can begin construction by entering into procurement contracts for equipment to build your facility so if you’re building a project you can enter into a contract today to get modules, warehouse those modules, and then use those modules to cause one or more projects as having begun construction based on when they were purchased.
If a developer today is able to enter into those contracts, that’ll be outside the scope of anything an opponent would have anything to do with.
Are we expecting people to make decisions before the Senate has acted on this bill or are people in a holding pattern?
When the election happened in November I had increased interest in clients who were concerned about a worst-case scenario like this, that credits would be repealed at or around the time of enactment. We had clients betting not that this would happen but [there was still] a 1% chance or a 5% chance. And folks asked then, how do we re-up thinking about how to begin construction on projects as a precautionary measure.
A lot of my clients were thinking about the worst case scenario beforehand. This is probably just escalating their thinking.
I don’t think people have a lot of time to think about what to do, though, given the 60-day cut off after enactment.
What is the silver lining here? Is there any? If I were to talk to a developer right now, is there an on the bright side here?
The short answer is no. Maybe it makes power projects a lot more expensive and American energy a lot more expensive and therefore those building power projects can make more money from their existing projects? That’s whether they’re renewable or otherwise. Other than higher power costs – for consumers, regular old taxpayers – there’s not really a bright side.
So, what you’re saying is, you don’t have any good news?
The good news is the Senate is still out there and needs to review this. There are a few senators who’ve expressed strong support of these credits – I’m not super optimistic, but four senators tend to have a bit more sway than congresspeople do.
How well-organized opposition is killing renewable energy in a state that’s desperate for power
The Commonwealth of Virginia is clamping down on solar farms.
At least 39 counties in Virginia – 41% of all the state’s counties – now have some form of restriction on solar development, according to a new analysis of Heatmap Pro data. Many of these counties adopted ordinances significantly reducing how much land can be used and capping the total acreage of land allowed for solar projects. Some have gone further by banning new solar facilities altogether.
I wanted to get to the bottom of the Virginia dilemma after we collected this data and crunched these numbers because, simply put, it didn’t make a lot of sense.
Historically Virginia, like Texas, has been a relatively favorable state for energy infrastructure. Culturally, it would make sense for people to welcome new forms of energy. The state is an epicenter in the American data center boom, home to about 35% of all hyperscalers in the world – an economic boon that’ll require inordinate amounts of power. One would assume people want that energy to come from cleaner sources!
Yet counties across the state have been rolling up the red carpets. Mecklenburg recently banned new solar projects. Surry limited solar projects to a tenth of the county’s acreage. Buckingham has put a firm limit on development to 7,500 megawatts of solar projects in total. Why?
Well, here’s where I’ve landed: the opposition’s well organized and benefits from a history of conflicts over other forms of development.
Citizens for Responsible Solar – an anti-renewables organization headquartered in Culpepper, Virginia, founded by a former special adviser to President George W. Bush – has been active in the state since at least 2018. Although it is a national organization in name, and does have factions in other states, its website primarily boasts “success stories” in Virginia counties, including Augusta, Culpepper, Fauquier, Gloucester, Henry, Madison, Mecklenburg, and Page counties.
CRS is primarily focused on opposing solar on agricultural lands – a topic we’ve previously covered thoroughly – as well as forested areas. It claims to not be entirely against solar energy but only wants projects on industrial-zoned acreage. But the organization is also well documented to spread misinformation about solar energy itself.
Dr. Faith Harris of Virginia Interfaith Power & Light told me this week that her experience speaking with individuals opposed to renewable energy in the state indicates that falsehoods and conspiracy theories are playing a large role in turning otherwise friendly counties against solar energy. In her view, this has become an even bigger problem since the state turned red with the election of Governor Glenn Youngkin, who this week vetoed a slate of climate bills, including one that would make it easier to permit small solar farms and battery storage facilities.
“We’ve had a lot of misinformation and directions and narratives changed trying to initiate a resurgence of more fossil fuels,” Harris said. “It’s part of the movement to prevent and stop renewable energy.”
There’s something else going on, too, and it’s historically linked to systemic social inequities in some of these counties. They’ve been burned before, Harris noted, over the construction of other forms of industrial energy.
For years, Buckingham County residents resisted the construction of a gas compression station smack dab in the middle of a historically Black neighborhood. I covered this conflict early in my environmental journalism career because it was central to the construction of the now-defunct Atlantic Coast gas pipeline. It was a fight Buckingham won, in no small part due to the support of organizations like Virginia Interfaith Power & Light.
Now, Buckingham has capped solar projects. I asked Harris why a county that was so aggressive in fighting gas power would be against renewable energy, and she bluntly replied that these two fights are “pretty much directly related” – with the added conspiracy factor making matters worse for solar projects. For example, she’s heard complaints from residents in Buckingham about trees that could be cut down for solar, echoing the claims spread by organizations like CRS.
“People in the communities have been challenged and frightened in some way that solar is somehow going to have an impact on them, and not really even recognizing that they’re constantly being exposed to air and water contamination,” she said. “I don’t think the average person understands how they get their energy.”
She added: “This is still an ongoing challenge and in many ways we – the climate movement – have failed to educate the public well enough.”
On striking down the California waiver, the tax bill, and BYD
Current conditions: Showers and thunderstorms in the South and cool weather in the Northeast will make Memorial Day weekend “more reminiscent of late March than late May”• At least four people are dead and 50,000 stranded in New South Wales, Australia, due to torrential rainfall that is expected to ease Friday evening• Evacuation orders are in place around Oracle, Arizona, to the north of Tucson, due to the growing Cody Fire.
It’s official: After weeks of speculation and run-up, the Senate voted 51 to 44 on Thursday to overturn California’s waiver from the Clean Air Act to set stricter-than-federal emissions limits on cars and trucks. The vote was along party lines, with the exception of Michigan Democrat Elissa Slotkin, who joined Republicans in passing the disapproval resolution under the Congressional Review Act. California required companies to stop selling new gas vehicles by 2035, which Republicans had criticized as an “electric vehicle mandate” due to the size of the state and its influence over the automotive market.
The Senate’s parliamentarian and the Government Accountability Office had determined that the Senate could not use the CRA to prevent California from setting stricter emissions standards, as it has done since 1967, because the waiver is not a federal rule and therefore not subject to a simple 50-vote threshold repeal vote. To get around the technicality, Republicans voted Wednesday night on what Rhode Island Democratic Senator Sheldon Whitehouse called the “double nuclear option” — essentially declaring they were “within their rights to skirt a filibuster and muscle through measures to deny” California its unique emissions-setting authority, The New York Times writes. But that also means the door is now open “to challenges against all sorts of other federal program waivers — without having to worry about the Senate filibuster,” Capitol Hill correspondent Jamie Dupree wrote in his newsletter Thursday, adding, “it certainly is a substantial change in the precedents of the Senate. And now it’s the new regular order.” California Governor Gavin Newsom called the vote “illegal” and vowed to “fight this unconstitutional attack on California in court.”
We’re continuing to track the repercussions of the House reconciliation bill that passed early Thursday morning, including its “full-frontal assault on the residential solar business model,” in the words of my colleague Matthew Zeitlin. Though an earlier draft of the bill shortened the availability of the Residential Clean Energy Credit, 25D, for people who purchased home solar systems from 2034 to expiring at the end of this year, Matthew explains that the new language says no credit “shall be allowed under this section for any investment during the taxable year” if the entity claiming the tax credit “rents or leases such property to a third party during such taxable year” and “the lessee would qualify for a credit under section 25D with respect to such property if the lessee owned such property.” That’s “how you kill a business model in legislative text,” Matthew continues. The repercussions were immediate: By midday, shares of Sunrun were already down $37.5%, an erasure of almost $1 billion.
For the first time, BYD has outsold Tesla in Europe. In April, the Chinese automaker sold 7,231 electric vehicles, up 169% from the year prior, while Tesla sold 7,165 EVs, down 49% in the same period, Bloomberg reports based on market research by Jato Dynamics.
As we covered in AM earlier this month, the first quarter of 2025 was the second-best month ever for BEV sales in the European Union, despite “the name Tesla [becoming] toxic for so many, limiting its appeal,” Clean Technica wrote at the time. But while BYD marked a milestone in beating the American automaker, it remained in the 10th spot overall for electric vehicle sales, with Volkswagen the clear winner for the month with 23,514 sales. But BYD is “about to reinforce its EV lineup in Europe with the Dolphin Surf, a fully electric hatchback that will sell for” around $22,700 in Germany until the end of June, Bloomberg writes.
NOAA
The National Oceanic and Atmospheric Administration released its forecast for the 2025 Atlantic hurricane season, with a higher estimated upper limit for named storms than earlier predictions from private forecasters. According to NOAA, we can expect between 13 and 19 named storms this year, of which six to 10 could become hurricanes and three to five could develop into major Category 3 or higher hurricanes. That puts the season on track to be more active than the average Atlantic hurricane season, when 14 named storms, seven hurricanes, and three major hurricanes can be expected.
Private forecasters also rely on NOAA data to inform their predictions, but arrived at slightly different conclusions. Colorado State University’s Department of Atmospheric Sciences forecasts 17 named storms for 2025, while AccuWeather predicts 13 to 18 named storms. Though the Atlantic has cooled slightly from its historic highs last year, it is still warmer than usual — part of what is spurring the above-average estimates for the season. Still, as I’ve reported, there are lingering concerns about the reliability of NOAA’s data in future years as the agency hemorrhages the personnel who repair the sensors that monitor sea temperatures or run quality control on the data.
Microsoft announced its commitment to purchase nearly 623,000 metric tons of low-carbon cement from the startup Sublime Systems on Thursday. The contract, which runs over a six- to nine-year period, is intended to “reduce emissions — both at Microsoft and globally,” Jeff Leeper, the vice president of global datacenter construction at Microsoft, said in a press release about the deal. The company aims to use the cement on its construction projects “when geographically possible,” including incorporating it in data centers, office buildings, and other infrastructure. The companies declined to share how much the deal was worth, Bloomberg writes.
My colleague Emily Pontecorvo profiled Sublime earlier this year, noting that cement is a significant source of carbon emissions — 8% of the global total — due to a chemical reaction with limestone kilns required for production. But Sublime has “developed a new way to make reactive lime that does not require limestone,” Emily explains. “Instead of heating up rocks in a kiln, they drive the chemical process with electric currents. This enables the company to avoid limestone and use a variety of other raw materials that do not contain carbon to produce lime.” The company is working to construct its first 30,000-ton commercial plant, which is expected to be completed in 2027.
Pakistan imported 22 gigawatts of solar panels in 2024, more than the entire country of Canada. “That’s not a typo or a spreadsheet rounding error. That’s the kind of number that turns heads at IEA meetings and makes policy analysts double-check their databases,”Clean Technica writes.