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On the five lingering threats to President Biden's big climate law.

The big idea behind the Inflation Reduction Act, the historic U.S. climate package that became law one year ago this week, is simple: To beat fossil fuels, make the clean stuff cheaper.
The law is already working, in certain ways. There have been hundreds of announcements for new electric vehicles factories, solar and wind manufacturing plants, and clean generation facilities since the IRA passed, for example.
But the premise is also fundamentally flawed. Cost is only one piece of the puzzle. With the “green premium” on clean technologies out of the way, for now, a barrage of other obstacles to deploying them will be pushed to the fore.
“The moment we're in now is a decidedly much more diffuse set of challenges,” Sam Ricketts, the co-founder of a new climate consulting firm called S2 Strategies, told me.
There’s a public awareness challenge and a public opposition challenge, workforce shortages and supply chain issues, and a litany of other impediments that could prevent the IRA from fulfilling the Biden administration’s lofty promises of carbon reductions, job creation, and economic growth. There may not even be much of a chance to try if Republicans take over the White House in 2025.
Passing the IRA required lots of compromise, resulting in an insufficient, though still powerful set of tools to slow global warming. Now, progress requires figuring out how to maneuver around the law’s weaknesses in order to harness its strengths. “That brings different challenges than just finding 51 votes and 218 votes,” said Ricketts.
Let’s look at what lies ahead.
Not one Republican voted in favor of the IRA when it passed last year. Now, with a majority in the House, Republicans have already made multiple attempts to chip away at the law. Every major Republican presidential candidate, including frontrunner Donald Trump, has bashed it on the campaign trail. And a strategy document released by the Heritage Foundation, an influential conservative think tank, advises the next administration in the White House to support its repeal.
“It's not going to be a question of, are they going to repeal it?” Lori Lodes, executive director of Climate Power, a strategic communications group, told me. “It's going to be, what are they going to repeal?”
It also wouldn’t take repeal to damage the IRA. Without control of Congress, a conservative administration would not have infinite leeway to roll back the law, but it could certainly muck up the IRA’s implementation. A new president could ask his Treasury Department to revise the rules governing clean energy tax credits, making them harder to claim, or direct the Department of Energy to slow-walk or withhold loans and grants.
Ask any backer of the IRA about its potential demise and they will point to the same cause for optimism: The vast majority of investments spurred by the law are flowing into red states, and many Republican governors have embraced it. By 2025, the IRA’s programs could be so successful that it will be much harder for a future administration to roll them back.
The more of something you build, the easier and cheaper it becomes to build more, or so the conventional wisdom goes. When it comes to building wind and solar, though, this concept of “economies of scale” doesn’t totally track. The best locations — those with the most sun and wind — are the most economical and get developed first. As do the spots with the least resistance from neighbors. The more you build, the harder it gets to find viable places to build more.
While the IRA made renewables much more cost-competitive with natural gas power plants, that won’t matter if communities block projects from getting built. Columbia University’s climate law center recently found that there has been a 35% increase in local ordinances that restrict renewables in the last year alone.
Some states, like New York, are actively working to resolve these project siting challenges by weakening local authority over permitting. But others, like Ohio, have given local authorities full power to veto renewables.
Perhaps the most immediate obstacle to cutting emissions in the U.S. right now is that there aren’t enough power lines to deliver clean energy. Solar and wind projects currently wait four to five years to get permission to connect to the electric grid. New transmission lines can take upwards of a decade to build, because of a complex permitting process as well community opposition.
“It's not even just about unlocking the potential of renewables,” Tom Rowlands-Rees, the head of North America research for the clean energy analysis firm BloombergNEF, told reporters this week. The IRA will kickstart long-term growth in electricity demand as people swap their gas cars for EVs and install heat pumps. “Whatever you believe the ideal generation mix is in an energy transition, there just needs to be more grid, full stop.”
Solutions include giving the Federal Energy Regulatory Commission authority over where to build new power lines and deciding who should pay for them, which congressional Democrats are eager to do. The Biden administration also recently proposed making the Department of Energy a lead coordinating agency in permitting these projects and streamlining various federal approvals.
The discourse around the IRA will make or break the law. Right now, less than a third of Americans even know what it is. That’s a problem for Biden’s re-election campaign. It’s also an obstacle to getting the money out the door.
“The way we sort of think about it is the Inflation Reduction Act created an electric bank account for every household in America,” said Ari Matusiak, CEO of the electrification advocacy group Rewiring America. “But people need to know that it's available for them.”
Beyond the issue of awareness, the law is sprawling and confusing. State and local officials will need support navigating grants and designing programs. Consumers will need help sorting through the various tax breaks and rebates to help them pay for solar panels and heat pumps. Rewiring America is among a number of groups working on national campaigns and tools to help with this.
There’s also the challenge of building up the workforce and educating contractors about these solutions, many of whom have been hesitant to embrace heat pumps, under the wrong impression that they “don’t work in cold climates.”
That kind of misinformation is sure to be another obstacle. Will the American public embrace electrification? Or will it become a victim of the culture wars, as has already been foreshadowed by the fight over gas stoves earlier this year.
Many different research groups have analyzed the IRA, and while their models and findings vary, they all reach the same conclusion. Even in a best-case scenario, the IRA will not get the U.S. all the way toward fulfilling its commitment under the Paris Agreement to cut emissions in half by 2030 and to net-zero by 2050.
BloombergNEF, for example, finds that regulations on the power sector and heavy industry are essential. “Whatever comes next can't just take the form of more incentives,” said Rowlands-Rees. “We're at the point where we're pretty much maxed out on that.”
For other sectors, the IRA’s subsidies are too small. Electrifying all of the appliances in a home can cost tens of thousands of dollars. A $2,000 tax credit is unlikely to be enough for many families to make the switch, even if it’s supplemented with additional rebates.
For communities living in the shadow of fossil fuel facilities, the law could even prove counterproductive. After all, its compromises included continued oil and gas leasing and incentives for carbon capture and storage, which can extend the life of polluting plants.
“We have to do more. It's really a proof of concept,” said Lodes of Climate Power. “And if there is not that public support, if there is not that political will, then we won't be able to take the additional actions that we need to.”
Read more about the Inflation Reduction Act’s one-year anniversary:
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The data center boom is everywhere you look in U.S. economic and emissions data.
This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.
It isn’t exactly a new thought, but I’ve been struck recently by how many trends in America’s economic and environmental data are fundamentally about the data center boom and the return of electricity demand:
First, the Energy Information Administration reported this week that U.S. emissions grew by more than 2% last year, driven by surging electricity demand and an increase in coal-fired generation. What caused that higher power demand? New factories and data centers — as well as record summertime cooling demand.
Second, many of the new factories driving that higher power demand are themselves producing goods that are … let’s say … data center-adjacent. There are the enormous new semiconductor fabs, of course. But Ford and General Motors have also set up new production lines (or repurposed old ones) to manufacture grid-scale batteries to meet power demand.
Third, take a look at the recent U.S. spending on private non-residential construction — in other words, everything American companies are building that is not houses, condos, or apartments.
The construction industry’s spent almost $60 billion on data centers over the past year, which is more than it spent on all other office buildings combined (and more than it spent building warehouses, too). Just a handful of categories — data centers, power plants, electricity infrastructure, and certain kinds of electronics manufacturing — now make up a third of all U.S. private non-residential construction investment. They’ve never made up such a large share of construction spending since data collection began in 2014.
As The New York Times recently noted, the American economy is unusually dependent on the American stock market right now — and the stock market is unusually dependent on artificial intelligence. This week, investors started to balk at the enormous spending hyperscalers are planning to keep building out the AI boom; Alphabet’s shares dropped 8% this week after it boosted its planned 2026 capital expenditure and signaled 2027 will be even bigger. If the data center boom started to slow down in earnest, then more than just that budget will change.
Speaking of which, my colleague Emily Pontecorvo wrote earlier this week about how many businesses are struggling to even estimate their carbon emissions from artificial intelligence. The carbon accounting startup Watershed recently unveiled a new formula to help companies get a sense of their AI-related emissions.
But even that formula is still limited by the amount of data hyperscalers publish — and they don’t publish that much. Google, for instance, is the only AI company that has (laudably) provided estimates of its emissions on a per-prompt basis. Yet no company has published its per-token emissions, or how emissions sync up with particular models or regions.
So Emily asked Google: Why aren’t you — or any other model provider — disclosing this kind of data yet?
The tech company didn’t get back to us until after we’d published Emily’s story. But its response was interesting enough that I wanted to quote some of it here.
The problem is “industry consensus,” Cooper Elsworth, a Google spokesperson, told us. “There is currently very little consensus on how to comprehensively and fairly measure the serving environmental impact of generative AI (such as text generation),” he wrote. “Without standardized, ‘apples-to-apples’ frameworks, it is difficult to compare different providers accurately.”
That’s partly because energy use — and emissions data — can vary from site to site and depend on “custom-built hardware, software compilers, and advanced inference techniques.” And he claimed Google doesn’t always have the measurement hardware in place to provide such specific estimates: “Providing precise, repeatable data requires highly advanced measurement infrastructure,” he said. “For example, software-based energy monitoring tools often suffer from sampling biases. For our study, we had to step away from top-down averages and directly measure actual energy at the physical power supply unit (PSU) level across our deployed fleet. Not all providers have the telemetry or data sets required to benchmark their operations at this level of granularity.”
Read Emily’s story to understand the other reasons why estimating — or even “guesstimating” — AI-related carbon emissions is so challenging.
A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.