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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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Renewables developers may yet be able to start construction before the One Big Beautiful Bill deadlines hit.
The Trump administration issued new rules for the wind and solar tax credits on Friday, closing the loop on a question that has been giving developers anxiety since the One Big Beautiful Bill Act passed in early July.
For decades, developers have been able to lock in tax credit eligibility by establishing that they have officially started construction on a project in one of two ways. They could complete “physical work of a significant nature,” such as excavating the project site or installing foundational equipment, or they could simply spend 5% of the total project budget, for instance by purchasing key components and putting them in a warehouse. After that, they had at least four years to start shipping power to the grid before stricter work requirements kicked in.
Shortly after signing the OBBBA, however, Trump issued an executive order directing the Treasury Department to revise its definition of the “beginning of construction” of a wind or solar project. Under the new law, this definition can make or break a project. OBBBA established new deadlines for wind and solar development, allowing projects that start construction before the end of this year to qualify for the tax credits as they currently stand. But projects that start construction between January 1 and July 4 of 2026 will have to follow stringent new rules limiting the use of materials with ties to China in order to qualify.
The start construction date also affects how long a developer has to complete a project and still qualify for credits. Projects that start before July 4 of next year have at least four years, while those that start after must meet an impossibly short timeline of being up and running in just a year and a half, by the end of 2027.
Some worried the new guidance would narrow that four year timeframe or affect project eligibility retroactively. Neither happened. The only major change the Treasury department made to the existing guidance was to get rid of the 5% safe harbor provision. While this is not nothing, and will certainly disqualify some projects that might otherwise have been able to claim the credits, it is nowhere near as calamitous for renewables as it could have been.
Projects can still establish they have started construction by completing “physical work of a significant nature,” and the definition of physical work still includes off-site work, such as the manufacturing of equipment. That means it’s still possible for a company to simply place an order for a custom piece of equipment, like a transformer, to establish their start date — as long as they have a binding contract in place and can demonstrate that the physical production of the equipment is underway.
The new guidance also contains a carve-out that allows solar projects that are less than 1.5 megawatts to use the 5% rule, which will help rooftop solar and smaller community-scale installations.
Trump’s executive order came after a reported deal he made with House Freedom Caucus Republicans who wanted to axe the tax credits altogether. The order directed the Treasury to prevent “the artificial acceleration or manipulation of eligibility” and restrict “the use of broad safe harbors unless a substantial portion of a subject facility has been built.”
Treasury’s relative restraint, then, comes as something of a relief. “It’s not good, it’s not helpful, but from my perspective, the guidance could have been a lot worse,” David Burton, a partner at Norton Rose Fulbright who specializes in energy tax credits, told me. “Utility-scale solar and wind developers should be able to plan around this and not be that harmed.”
That doesn’t mean clean energy groups are happy about the changes, though. “At a time when we need energy abundance, these rules create new federal red tape,” Heather O’Neill, president and CEO of the industry group Advanced Energy United, said in a statement. “These rules will make it more difficult and expensive to build and finance critical energy projects in the U.S.”
The changes don’t go into effect until September 2, so for the next two weeks, all projects can still utilize the 5% safe harbor.
Even though the rules are not the death-blow for projects that some anticipated, there’s still one big unknown that could squeeze development further: The Treasury department has yet to put out guidance related to the new foreign sourcing rules created by the OBBB. One of the big fears there is that companies will have to prove their lack of ties to China so far up their supply chains that compliance becomes impossible.
We probably won’t be left wondering for long, though. Trump’s executive order asked for those rules within 45 days, putting the due date on Monday.
On the worsening transformer shortage, China’s patent boom, and New York’s nuclear embrace
Current conditions: Tropical Storm Erin is still intensifying as it approaches the Caribbean • Rare August rainstorms are deluging the Pacific Northwest with a month’s worth of precipitation in 24 hours, threatening floods • Hong Kong has issued its highest-level “black” rainstorm warning multiple times this month as Tropical Storm Podul lashes southern China.
President Donald Trump’s order to keep large fossil-fueled power stations scheduled to retire between now and 2028 operating indefinitely will cost ratepayers across the United States $3.1 billion per year, according to new research from the consultancy Grid Strategies on behalf of four large environmental groups. If the Department of Energy expands the order to cover all 54 fossil fuel plants slated for closure in the next three years, the price tag for Americans whose rates fund the subsidies to keep the stations running would rise to $6 billion per year.
The problem may only grow. The agency’s existing mandates “perversely incentivize plant owners to claim they plan to retire so they can receive a ratepayer subsidy to remain open,” the report points out.
With electricity consumption hitting new records in the U.S., demand for transformers is surging. The years-long supply shortage for power and distribution transformers is now set to hit a deficit below demand of 30% and 10%, respectively, in 2025, according to a new report from the energy consultancy Wood Mackenzie. Complicating matters further for manufacturers scrambling to ramp up supply, Trump’s One Big Beautiful Bill Act is throwing clean-energy projects into jeopardy and sending mixed signals to factories on what kinds of transformers to produce. At the same time, tariffs are raising the price of materials needed to make more transformers.
“The U.S. transformer market stands at a critical juncture, with supply constraints threatening to undermine the nation's energy transition and grid reliability goals,” Ben Boucher, a senior supply chain analyst at Wood Mackenzie, said in a statement. “The convergence of accelerating electricity demand, aging infrastructure and supply chain vulnerabilities has created constraints that will persist well into the 2030s.”
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A worker in a Chinese electric vehicle factory. Kevin Frayer/Getty Images
For years, China was known for ripping off the West’s technology and patenting cheaper but more easily manufactured copies. Not anymore. China applied for twice as many high-quality clean energy patents as the U.S. in 2022, according to a New York Times analysis of the most recently available public data. The European Patent Office, which supplied data to the Times, defines a “high quality” patent as one that has been filed in two or more countries, indicating that the company or individual involved has a strong competitive interest in protecting its idea.
The growth in China’s intellectual property ambitions is a sign that Beijing’s strategic push to ramp up academic research and industrial innovation is maturing. “It is the opposite of an accident,” said Jenny Wong Leung, an analyst and data scientist at the Australian Strategic Policy Institute, which created a database of global research on technologies that are critical to nations’ economic and military security, including clean energy.
In June, New York Governor Kathy Hochul directed the New York Power Authority, the nation’s second-largest government-owned utility after the federal Tennessee Valley Authority, to support the construction of the state’s first new nuclear plant since the 1980s. Albany has plenty to sort out between now and the 15-year deadline for completing the project, including selecting a site, picking from one of the many new reactor designs, and finding a private partner. But one thing isn’t a problem, at least for now: Public support.
New Siena polling I covered in my Substack newsletter yesterday shows that 49% of registered voters in New York support the effort, with just 26% opposed. Both sides of the political spectrum are largely in lockstep, with Republican support outpacing that of Democrats by a margin of 55% to 49%. That’s lucky for Hochul, who will need support from the more politically conservative upper reaches of the state where the facility is likely to be built. For more on the technical and political considerations in play, here’s Heatmap’s Matthew Zeitlin on the plan.
It seems like everyone is abandoning their net zero goals. But not insurer Aviva. The company’s chief executive, Amanda Blanc, said the British giant remained committed to its carbon-cutting goals in the U.S. and the United Kingdom, The Guardian reported. With rising profits propelling shares in the company to their highest level since the 2008 financial crisis, Blanc said, “extreme weather conditions, climate change, and the impact that that has on our insurance business that actually insures properties” meant Aviva needed to “remain committed to our ambition.”
The red-headed wood pigeon once seemed on the verge of extinction. The population, endemic to Japan’s Ogasawara Islands, fell to below 80 individuals in the 2000s. But once its main predator, the feral cat, was removed, the bird made a remarkable comeback. A team of researchers at Kyoto University set out to find out why the expected problems from inbreeding never occurred. Per a press release: “Their results revealed that the frequency of highly deleterious mutations in the red-headed wood pigeon was lower than in the more widespread Japanese wood pigeon. This suggests that, rather than hindering it, the pigeon's success was likely rooted in its long-term persistence in a small population size prior to human impact.”
And more on the week’s most important conflicts around renewable energy projects.
1. Lawrence County, Alabama – We now have a rare case of a large solar farm getting federal approval.
2. Virginia Beach, Virginia – It’s time to follow up on the Coastal Virginia offshore wind project.
3. Fairfield County, Ohio – The red shirts are beating the greens out in Ohio, and it isn’t looking pretty.
4. Allen County, Indiana – Sometimes a setback can really set someone back.
5. Adams County, Illinois – Hope you like boomerangs because this county has approved a solar project it previously denied.
6. Solano County, California – Yet another battery storage fight is breaking out in California. This time, it’s north of San Francisco.