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A personal account of the final act in the fight to pass the United States’ first comprehensive climate law
One year ago, the Inflation Reduction Act became law, throwing the full financial might of the federal government behind the clean energy transition and forever changing the fight against climate change.
Recent polling finds that too few recognize the historical significance of the hundreds of billions of dollars the law invests to make clean energy cheaper for American households, businesses, and industries.
Even fewer people appreciate just how close we came to losing it all.
This is a personal account of the final days of the fight to pass the nation’s first comprehensive climate law, and of how the Inflation Reduction Act remarkably arose from the ashes of near-defeat.
On July 14, 2022, just over a month before eventually becoming law, the budget bill that would eventually become known as the Inflation Reduction Act died. Again.
That evening, Senator Joe Manchin, the coal-state Democrat from West Virginia, called Senate Majority Leader Chuck Schumer to tell him he was done with the long-simmering inter-party negotiations striving to craft a budget bill that could unite all 50 Democratic senators and pass the evenly divided Senate. The stubborn hold-out had already dashed progressive dreams multiple times in the year and a half since the 117th Congress gaveled into session, including dealing the killing blow to the House-passed Build Back Better Act in December 2021.
The news was a shock. Less than two weeks earlier, over the Fourth of July weekend, I was told by Senate staffers party to the budget negotiations that a deal was imminent. They told me to prepare the REPEAT Project, a Princeton University team that I lead and that assesses the impacts of federal energy and climate policies as they are debated, to stand by to run the numbers on a new bill.
But in July 2022, inflation was running at nearly 9% and gasoline prices were over $5 per gallon in many parts of the U.S. Then we got one bad report on the rate of inflation after another, prompting Manchin to say he could no longer support any additional government spending that might further fuel inflation.
Manchin called Schumer on July 14 to say he could no longer continue negotiations, and that he would not support legislation that included any clean energy or climate spending — leaving only a slimmed-down bill focused on health care left in play.
"DEVASTATING... utterly SENSELESS!" I tweeted at the time, using REPEAT Project modeling to illustrate the massive climate gap we would have faced, had that been the end of the story.
Courtesy of the REPEAT Project at Princeton University's Zero Lab
And it really did seem like the end.
The tone I heard from Senate staffers that day was very different from the several prior ‘false demises’ of the budget negotiations we had all endured. They were despondent. “I feel like I just wasted the last six years of my life,” one staffer texted me on July 14. So did I.
The next day, Manchin issued an ultimatum: Either Democrats could quickly pass a “skinny” budget bill focused only on health care or they could wait a few weeks to see if inflation improved and try negotiating a larger package in August.
The problem: Basically no one thought inflation would meaningfully cool that quickly, and there was only a few weeks left to pass a law before the August recess, after which Congress would go into full campaign season and nothing would pass.
The game clock was winding down.
Then President Biden threw in the towel. He issued an official statement vowing to keep the climate fight up via executive action but urged the Senate to quickly pass a bill focused only on health care.
Schumer appeared poised to do just that, and a caucus meeting for Senate Democrats was set for the following Tuesday to discuss how to move forward. Since Congress only gets one shot at a budget reconciliation law per fiscal year, if they ended up passing a bill without any climate package, it was game over.
I had been working to advance federal climate policy since 2008. I lived through the demise of the last serious effort to pass a federal climate law in 2009 and 2010. I knew how rare these windows of opportunity to pass meaningful legislation are. And we’d just blown a once-in-a-decade chance. Would we have to wait until the 2030s for our next shot? Could we even survive another decade with the United States standing on the sidelines of the global climate fight?
By July 16, I had apparently had enough time to go through the various stages of grief, arriving at bargaining (or perhaps denial). “It’s just not okay to end like this, with Manchin walking away from the deal and the rest of the caucus just quietly accepting that!” I wrote in a text to a key Senate staffer. “There’s got to be at least a dozen [Senate] members who are furious and could be unwilling to accept that in the end, right?”
“Working on it 😄,” the staffer replied.
And just like that, while many gave up and others fumed, staff from just a handful of Senate offices and a rag-tag group of allied individuals and advocacy groups got back to what we’d been doing since the start: doggedly working the problem to find some way to passage.
Even then, I had very little faith our efforts would succeed. I just knew that the game clock had a few seconds left on it, time enough to run a couple more Hail Mary plays, and I wanted to be able to look my kids in the eye some day and say, “We failed, but we truly tried everything we could.”
So we got back to work.
So how did we get Manchin back to the negotiating table?
From my limited perspective, three things worked.
First, the concern that climate spending would stoke inflation was bogus. The budget deal under negotiation was doubly paid for, raising twice as much new revenue as it spent. What’s more, the spending plan was estimated to be in the ballpark to $30 to $50 billion per year spread over a decade, or less than 1% of our roughly six trillion dollar federal budget.
The climate spending was peanuts, and any honest macroeconomist would say that the budget deal would have a mild, fiscally contractionary effect at best or no effect on inflation at worst. Plus, the proposals specifically took aim at two key drivers of inflation: health care costs and energy costs.
Either Manchin was honest in his inflation fears but misappreciating the issues, or he was trying to give himself cover to scuttle the bill.
Our so-called “Never Give Up Caucus” took him at face value. To address his inflation concerns, allies succeeded in getting inflation-hawk-in-chief Larry Summers, the conservative leaning Penn-Wharton Budget Model team, and the deficit hawkish head of the Committee for a Responsible Federal Budget to tell Manchin (and the press) that the deal would cut the deficit and not raise prices.
Second, the many vested interests that stood to gain from the clean energy package were mobilized and pushed Manchin hard not to leave them high and dry.
This was always a key part of the political strategy of the clean energy package: rather than focus on pricing carbon emissions and making fossil energy more expensive (as Congress had attempted in 2009), the budget bill would instead provide a wide-ranging set of direct subsidies — tax credits, grants, loan programs — to make climate-friendly technologies cheaper and help build up manufacturing of clean energy components in the U.S. Concentrated beneficiaries create organized power to back the bill. That was the theory, and it was time to put it to the test.
The pressure campaign to get Manchin back to the table was “across the board,” according to National Wildlife Federation CEO Collin O’Mara, who was one of the most dogged and effective organizers during those pivotal final days.
Executives from renewable energy companies reminded Manchin that billions of dollars of investment were at stake.
The United Mine Workers of America pushed Manchin not to walk away from his promise to create a permanent trust fund for miners suffering from black lung disease, which the budget bill would do.
In my personal estimation, the most effective voices were probably from those sectors Manchin had styled himself as personally championing as chairman of the Senate Energy Committee: carbon capture, nuclear power, hydrogen, and advanced manufacturing.
A senior executive with a utility operating in Appalachia reportedly told Manchin: “We know coal plants are ultimately going to close. What is going to replace them? What are the jobs? What are we transitioning to? In this case, we are going to explore hydrogen, new nuclear and get manufacturing in the state.”
Manchin received incoming pressure to pass a bill from the Carbon Capture Coalition, oil companies like BP with big plans to invest in hydrogen, and Nucor, the nation’s largest steel maker, which planned new investments in West Virginia in part to supply growing demand for steel for burgeoning renewable energy industries.
Utilities like Constellation and Duke reminded Manchin that this law was our best shot at preserving the nation’s existing nuclear fleet, which provides about a fifth of our electricity without contributing to air pollution or climate change.
Bill Gates, who has invested in nuclear and energy storage startups, called Manchin personally. And executives at a Gates-backed battery company with plans for a West Virginia manufacturing hub explained to Manchin’s staff how the bill’s incentives would accelerate their growth trajectory.
Third, a few key senators that Manchin personally trusted or respected, including John Hickenlooper of Colorado, Chris Coons of Delaware, Tina Smith of Minnesota, Mark Warner of Virginia, and Ron Wyden of Oregon, reportedly pressed him with direct personal appeals.
I imagine their pitches either made the political case — did Manchin really want to send his party into the midterms having utterly failed on their domestic policy agenda? — or a personal one, emphasizing the opportunity to secure his legacy and the admiration of his grandchildren.
I don’t think we should discount the importance of these personal appeals. At the end of the day, senators are humans too. They crave the respect of their colleagues (at least those they admire). And everyone wants to be the hero of their own story, not the villain.
Which of these (or other parallel efforts I don't know about) pushed Manchin back to the table? Who knows what went through his mind in the end. But somehow, against virtually all expectations, it worked.
We didn’t know it until later, but by as early as Tuesday, July 19, Manchin and Schumer, with just a couple key aids each, began meeting in secret somewhere in the Senate offices and got back to work.
No one else had any idea this was happening.
Like others working to save the bill, I spent the next week continuing to talk to press, allies, congressional staff, etc., marshaling talking points and data, mobilizing various interests to pressure Manchin, and doing everything we could to convince the stubborn senator to make a deal that would get a climate package into law. Little did we know, he was already back at it.
In fact, a little over a week later, on Wednesday, July 27, Manchin issued a statement that shocked everyone: He and Leader Schumer had reached a deal after all and were unveiling a full-fledged bill to be called “The Inflation Reduction Act.”
“The Inflation Reduction Act of 2022 addresses our nation’s energy and climate crisis by adopting commonsense solutions through strategic and historic investments that allow us to decarbonize while ensuring American energy is affordable, reliable, clean and secure,” Manchin wrote.
The full text of the bill dropped later that evening, and we were blown away to see how much of the original climate package from the ill-fated Build Back Better Act was retained by this new legislation.
The deal contained roughly $370 billion in estimated climate and clean energy spending, an historic package. All the key tax incentives were still in the proposal, including credits for clean electricity, electric vehicles, and heat pumps. Major grant programs were funded at similar levels. Even a new fee on methane pollution from the oil and gas sector had survived. In fact, a tax credit for U.S. clean energy manufacturing had even been expanded, apparently at Manchin’s request, to support production of batteries and their components and the mining and processing of critical minerals.
Rather than lose it all, we were poised to win nearly everything we’d hoped for.
“Holy shit. Stunned, but in a good way,” wrote Senator Tina Smith, a tireless advocate for the climate package, on Twitter. “$370B for climate and energy … BFD.”
It took us a couple weeks to run the numbers, but once we did, REPEAT Project estimated on August 4 that the Inflation Reduction Act, or IRA (pronounce it like your friendly Uncle Ira!), would cut emissions by about one billion metric tons per year in 2030 and retained about 80% of the cumulative emissions reductions of the larger Build Back Better package.
Courtesy of the REPEAT Project at Princeton University's Zero Lab
IRA could get the United States to about 42% below our peak historical emissions by 2030, we estimated at the time. (REPEAT Project’s latest updated analysis published last month revises 2030 emissions under IRA to 37-41% below peak.) That was still short of the target of 50% below peak levels that President Biden had committed the country to on the world stage, but the proposed legislation was a true game changer that gave us a fighting chance to hit that goal.
After the Manchin-Schumer deal dropped, we were off to the races.
Manchin shifted from the package’s chief obstacle to its chief spokesperson, stumping for the bill on Fox and haranguing senators on the floor alongside Schumer to get IRA passed during an exhausting, overnight “vote-a-rama.” After a 16-hour process where Republicans proposed amendment after amendment to be shot down one by one by a united Democratic caucus — plus a little last minute drama wherein Kyrsten Sinema nearly killed the bill to save private equity firms billions in taxes — the Inflation Reduction Act passed the Senate at 3:17 PM on August 7, 51-50, with Vice President Harris casting the deciding vote.
The House passed IRA in turn on August 14, and President Biden signed it into law two days later. The rest, as they say, is history.
We’re still writing that history, but it’ll be forever changed by passage of the landmark law. And we almost lost it all.
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It’s known as the 50% rule, and Southwest Florida hates it.
After the storm, we rebuild. That’s the mantra repeated by residents, businesses and elected officials after any big storm. Hurricane Milton may have avoided the worst case scenario of a direct hit on the Tampa Bay area, but communities south of Tampa experienced heavy flooding just a couple weeks after being hit by Hurricane Helene.
While the damage is still being assessed in Sarasota County’s barrier islands, homes that require extensive renovations will almost certainly run up against what is known as the 50% rule — or, in Southwest Florida, the “dreaded 50% rule.”
In flood zone-situated communities eligible to receive insurance from the National Flood Insurance Program, any renovations to repair “substantial damage” — defined as repairs whose cost exceeds 50% of the value of the structure (not the land, which can often be quite valuable due to its proximity to the water) — must bring the entire structure “into compliance with current local floodplain management standards.” In practice, this typically means elevating the home above what FEMA defines as the area’s “base flood elevation,” which is the level that a “100-year-flood” would reach, plus some amount determined by the building code.
The rule almost invites conflict. Because just as much as local communities and homeowners want to restore things to the way they were, the federal government doesn’t want to insure structures that are simply going to get destroyed. On Siesta Key, where Milton made landfall, the base flood elevation ranges from 7 feet to 9 feet, meaning that elevating a home to comply with flood codes could be beyond the means — or at least the insurance payouts — of some homeowners.
“You got a 1952 house that’s 1,400 square feet, and you get 4 feet of water,” Jeff Brandes, a former state legislator and president of the Florida Policy Project, told me on Wednesday, explaining how the rule could have played out in Tampa. “That means new kitchens and new bathrooms, all new flooring and baseboards and drywall to 4 or 5 feet.” That kind of claim could easily run to $150,000, which might well surpass the FEMA threshold. “Now all of the sudden you get into the 50% rule that you have the entire house up to current code levels. But then you have to do another half-a-million above what [insurance] paid you.”
Simple probability calculations show that a 100-year flood (which is really a flood elevation that has a 1-in-100 chance of occurring every year) has a more than 25% chance of occurring during the lifetime of a mortgage. If you browse Siesta Key real estate on Zillow, much of it is given a 100% chance of flooding sometime over the course of a 30-year mortgage, according to data analysis by First Street.
Sarasota County as a whole has around 62,000 NFIP policies with some $16.6 billion in total coverage (although more than 80% percent of households have no flood insurance at all). Considering that flood insurance is required in high-risk areas for federally-backed mortgages and for new homeowners insurance policies written by Florida’s state backed property insurer of last resort, Citizens, FEMA is likely to take a close interest in whether communities affected by Milton and Helene are complying with its rules.
If 2022’s Hurricane Ian is any indication, squabbles over the 50% rule are almost certain to emerge — and soon.
Earlier this year, FEMA told Lee County, which includes Fort Myers and Cape Coral, that it was rescinding the discount its residents and a handful of towns within it receive on flood insurance because, the agency claimed, more than 600 homeowners had violated the 50% rule after Hurricane Ian. Following an outcry from local officials and congressional representatives, FEMA restored the discount.
In their efforts to avoid triggering the rule, homeowners are hardly rogue actors. Local governments often actively assist them.
FEMA had initiated a similar procedure in Lee County the year before, threatening to drop homeowners from the flood insurance program for using possibly inaccurate appraisals to avoid the 50% rule before eventually relenting. The Fort Myers News Press reported that the appraisals were provided by the county, which was deliberately “lowering the amount that residents could use to calculate their repairs or rebuilds” to avoid triggering the rule.
Less than a month after Ian swept through Southwest Florida, Cape Coral advised residents to delay and slow down repairs for the same reason, as the rule there applied to money spent on repairs over the course of a year. Some highly exposed coastal communities in Pinellas County have been adjusting their “lookback rules” — the period over which repairs are totaled to see if they hit the 50% rule — to make them shorter so homeowners are less likely to have to make the substantive repairs required.
This followed similar actions by local governments in Charlotte County. As the Punta Gordon Sun put it, “City Council members learned the federal regulation impacts its homeowners — and they decided to do something about it.” In the Sarasota County community of North Port, local officials scrapped a rule that added up repair costs over a five-year period to make it possible for homeowners to rebuild without triggering elevation requirements.
When the 50% rule “works,” it can lead to the communities most affected by big storms being fundamentally changed, both in terms of the structures that are built and who occupies them.The end result of the rebuilding following Helene and Milton — or the next big storm to hit Florida’s Gulf Coast — or the one after that, and so on — may be wealthier homeowners in more resilient homes essentially serving as a flood barrier for everyone else, and picking up more of the bill if the waters rise too high again.
Florida’s Gulf Coast has long been seen as a place where the middle class can afford beachfront property. Elected officials’ resistance to the FEMA rule only goes to show just how important keeping a lid on the cost of living — quite literally, the cost of legally inhabiting a structure — is to the voters and residents they represent.
Still, said Brandes, “There’s the right way to come out of this thing. The wrong way is to build exactly back what you built before.”
The trash mostly stays put, but the methane is another story.
In the coming days and weeks, as Floridians and others in storm-ravaged communities clean up from Hurricane Milton, trucks will carry all manner of storm-related detritus — chunks of buildings, fences, furniture, even cars — to the same place all their other waste goes: the local landfill. But what about the landfill itself? Does this gigantic trash pile take to the air and scatter Dorito bags and car parts alike around the surrounding region?
No, thankfully. As Richard Meyers, the director of land management services at the Solid Waste Authority of Palm Beach County, assured me, all landfill waste is covered with soil on “at least a weekly basis,” and certainly right before a hurricane, preventing the waste from being kicked up. “Aerodynamically, [the storm is] rolling over that covered waste. It’s not able to blow six inches of cover soil from the top of the waste.”
But just because a landfill won’t turn into a mass of airborne dirt and half-decomposed projectiles doesn’t mean there’s nothing to worry about. Because landfills — especially large ones — often contain more advanced infrastructure such as gas collection systems, which prevent methane from being vented into the atmosphere, and drainage systems, which collect contaminated liquid that’s pooled at the bottom of the waste pile and send it off for treatment. Meyers told me that getting these systems back online after a storm if they’ve been damaged is “the most critical part, from our standpoint.”
A flood-inundated gas collection system can mean more methane escaping into the air, and storm-damaged drainage pipes can lead to waste liquids leaking into the ground and potentially polluting water sources. The latter was a major concern in Puerto Rico after Hurricane Maria destroyed a landfill’s waste liquid collection system in the Municipality of Juncos in 2017.
As for methane, calculating exactly how much could be released as a result of a dysfunctional landfill gas collection system requires accounting for myriad factors such as the composition of the waste and the climate that it’s in, but the back of the envelope calculations don’t look promising. The Southeast County Landfill near Tampa, for instance, emitted about 100,000 metric tons of CO2 equivalent in 2022, according to the Environmental Protection Agency (although a Harvard engineering study from earlier this year suggests that this may be a significant underestimate). The EPA estimates that gas collection systems are about 75% effective, which means that the landfill generates a total of about 400,000 metric tons of CO2-worth of methane. If Southeast County Landfill’s gas collection system were to go down completely for even a day, that would mean extra methane emissions of roughly 822 metric tons of CO2 equivalent. That difference amounts to the daily emissions of more than 65,000 cars.
That’s a lot of math. But the takeaway is: Big landfills in the pathway of a destructive storm could end up spewing a lot of methane into the atmosphere. And keep in mind that these numbers are just for one hypothetical landfill with a gas collection system that goes down for one day. The emissions numbers, you can imagine, start to look much worse if you consider the possibility that floodwaters could impede access to infrastructure for even longer.
So stay strong out there, landfills of Florida. You may not be the star of this show, but you’ve got our attention.
On the storm’s destruction, wildlife populations, and shipping emissions
Current conditions: Large parts of Pennsylvania are under a frost advisory today and tomorrow • The remnants of Hurricane Kirk killed at least one person in France • A severe solar storm is expected to hit Earth today.
Hurricane Milton is headed out to the Atlantic after raking across Florida overnight, and as the sun comes up, residents are assessing the damage left in its wake. Milton made landfall near Sarasota as a Category 3 storm, bringing heavy rainfall, dangerous winds, and flooding. St. Petersburg reported 16 inches of rain, which meteorologists say is a 1-in-1,000-year event. The storm also triggered more than 130 tornado warnings, possibly a new record. The Tropicana Field Stadium in Tampa sustained significant damage. While deaths have been reported, it’s not yet clear how many. More than 3 million people are without power.
Before the storm hit, the Florida Department of Financial Services issued a rule that requires insurance claims adjusters to provide an explanation for any changes they make to a claimant’s loss estimate, The Washington Postreported, calling the move “a groundbreaking win for policyholders.”
The World Wide Fund for Nature published its 2024 Living Planet Report yesterday, which tracks nearly 5,500 species of amphibians, birds, fish, mammals and reptiles all over the world. It found that wildlife populations plummeted by about 73% between 1970 and 2020, as illustrated in this rather bleak but very effective chart:
WWF
Latin America, which is home to some of the most biodiverse regions in the world, saw the worst losses, at 95%. Freshwater species experienced the greatest decline at 85%. There are some success stories, such as a 3% increase in the mountain gorilla population, and the incredible comeback of the European Bison, but generally the report is pretty heartbreaking. It underscores the interconnected nature of the climate crisis and nature destruction. “It really does indicate to us that the fabric of nature is unraveling,” said Rebecca Shaw, WWF’s chief scientist. The report comes days ahead of the start of the UN COP16 biodiversity summit in Colombia, where delegates will discuss concrete ways to stop biodiversity loss.
More than 100 CEOs from some of the world’s biggest corporations have published a letter urging governments and the private sector to boost efforts to keep Paris Agreement goals alive. The letter, signed by the heads of companies including Ikea, AstraZeneca, A.P. Moller-Maersk, Bain & Company, Iberdrola, Orsted, and Volvo Cars, calls for governments to:
The head of the International Maritime Organization this week called on the shipping industry to do more to cut emissions from the sector. Shipping accounts for about 3% of global greenhouse gas emissions. The IMO recently set a new industry-wide target of a 20% emissions reduction by 2030, and net-zero by 2050. But the IMO’s Arsenio Dominguez said there is more to be done to hit these goals. That includes “low hanging fruit” like reducing ship speed, charting routes according to the weather, and cleaning the hulls of ships to reduce friction, The Associated Pressreported. But in the long-term, he said, the industry will need to switch to cleaner fuels, which have yet to scale.
Long-duration energy storage startup Form Energy, closed a $405 million Series F funding round this week, bringing its total funding to more than $1.2 billion. Form uses a novel method for storing energy, combining iron and oxygen to make rust, a process that the company claims can be used to store and discharge up to 100 hours of battery power. As renewable energy production ramps up, new ways of storing variable energy from wind and solar is essential, and Form’s latest fundraising underscores this need. Canary Mediareported that Form’s technology isn’t proven at utility scale yet but the company is working on commercial deployments and broke ground on a project in August to provide energy to a utility in Minnesota.
Some dragonfly species have evolved to have darker wing spots as a breeding advantage. A new study finds these dragonflies have also evolved to be able to withstand higher temperatures.
Noah Leith