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“The judiciary is capable and duty-bound to provide redress for the irreparable harm government fossil fuel promotion has caused.”

In the last days of 2023, Judge Ann Aiken of the U.S. District Court for the District of Oregon ended an argument that had lasted eight years and three presidential administrations. Juliana v. United States, a groundbreaking climate case filed by a group of twenty one young plaintiffs in federal court, could finally go to trial.
“The judiciary is capable and duty-bound to provide redress for the irreparable harm government fossil fuel promotion has caused,” Aiken wrote in her opinion. “Some may balk at the Court’s approach as errant or unmeasured, but more likely than not, future generations may look back to this hour and say that the judiciary failed to measure up at all. In any case over which trial courts have jurisdiction, where the plaintiffs have stated a legal claim, it is the proper and peculiar province of the courts to impartially find facts, faithfully interpret and apply the law, and render reasoned judgment. Such is the case here.”
This might sound a bit familiar to regular readers of Heatmap; last year, I wrote about Held v. Montana, a case in Montana filed by youth plaintiffs who argued that the state government was violating their constitutional right to a clean and healthful environment by ignoring the environmental impacts of energy projects. The judge in that case, Kathy Seeley, ruled in the plaintiffs’ favor in August.
There are certainly some similarities between the cases: Both groups of plaintiffs, for example, are represented by Our Children’s Trust, a nonprofit law firm that’s filed youth climate cases around the country; and both cases hinged on the idea that a failure to mitigate climate change is a violation of plaintiffs’ rights. But Held is a state-level case, and its ramifications will only be felt in Montana. Juliana, on the other hand, is going through the federal court system, and could eventually end up in front of the U.S. Supreme Court.
At issue, in the simplest terms, is whether the U.S. government has a duty to protect the climate for public use, and whether its friendliness towards fossil fuels violates that duty. A win — however unlikely it may be — would give environmental advocates an incredibly powerful tool for future climate action: federal precedent.
The case has had a long journey. “This path to justice has been over eight long years in coming,” said Julia Olson, OTC’s founder and Chief Legal Council, in a statement. “Finally, in 2024, the Juliana plaintiffs will have their long-awaited trial and the federal government’s fossil fuel energy system will be measured and judged by the fundamental constitutional rights of these youth. Our democracy will be stronger for it.”
Not that the government is going to go down easy. “Each administration has had its own defense strategy,” James May, founder of the Global Environmental Rights Institute at Widener University Delaware Law School, told me. The case has bounced around between courts in part because of an idea known as “redressability,” May told me — in essence, whether or not the judiciary can provide redress to the plaintiffs.
The Obama administration tried to have the case dismissed on standing, saying that climate change was a matter to be addressed by the political branches of government. After that failed, the Trump Justice Department tried accusing lower courts of overreach in considering the case at all, an argument that also failed to move judges. The plaintiffs amended their complaint in 2021, by which point the case was in front of Biden’s DOJ. The Biden administration revisited Obama-era tactics, refashioning them to claim that the judiciary was not able to provide the plaintiffs with a remedy.
Aiken remained unmoved. “That unnecessarily narrow view overlooks one clear and constitutional path to shielding future generations from impacts of the onslaught of environmental disaster: that it is the responsibility of the judiciary to declare the law that the government may not deprive the People of their Constitutional guarantee of the God-given right to life,” she wrote.
May, for his part, agrees with Aiken — the court doesn’t have to figure out a fix for climate change, he said; all it has to do is decide if there’s been a constitutional violation, which would be a form of redress itself.
The mere fact that this case could go to trial puts the Biden administration in an awkward position. The plaintiffs filed their case in 2015, and the basic argument they made was that the U.S. government’s policies should align with the goals set out in the Paris Agreement of that same year. “So if the Biden administration fights this case, then it will raise questions about how committed it is to addressing climate change,” May told me. “But if it doesn’t, it will have to defend a brand new constitutional claim that nobody [outside of this district court in Oregon] has recognized. And the Department of Justice is unlikely to be comfortable with that.”
Olson gave some color on her team’s interactions with the Biden administration to Jacobin for a 2022 article. “I have asked [them] very directly, if we win this motion, and we can move forward with the case, do you intend to go to trial?” she said. “Their response has always been something along the lines of, ‘It is our position that the court doesn’t have jurisdiction and that this case should never go to trial.’” The Biden administration, the article said, didn’t respond to Jacobin’s requests for comment.
Some environmental activists worry that losing in front of a Supreme Court packed with conservative justices could be a blow to the environmental justice movement at large, but May thinks otherwise. “The plaintiffs are kind of playing with house money,” he said. “If they lose before the Supreme Court, so what? That kind of a [constitutional] claim has never been recognized. There has to be a first time you try it.”
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“I mean, God bless the Europeans for caring about climate.”
Bill Gates, the billionaire co-founder of Microsoft and one of the world’s most important funders of climate-related causes, has a new message: Lighten up on the “doomsday.”
In a new memo, called “Three tough truths about climate,” Gates calls for a “strategic pivot.” Climate-concerned philanthropy should focus on global health and poverty, he says, which will still cause more human suffering than global warming.
“I’m not saying we should ignore temperature-related deaths because diseases are a bigger problem,” he writes. “What I am saying is that we should deal with disease and extreme weather in proportion to the suffering they cause, and that we should go after the underlying conditions that leave people vulnerable to them. While we need to limit the number of extremely hot and cold days, we also need to make sure that fewer people live in poverty and poor health so that extreme weather isn’t such a threat to them.”
This new focus didn’t come with a change in funding priorities — but that’s partly because some big shake-ups have already happened. In February, Heatmap reported that Breakthrough Energy, Gates’ climate-focused funding group, had slashed its grant-making budget. Gates later closed Breakthrough’s policy and advocacy office altogether.
Despite eliminating those financial commitments, he still dwells on two of his longtime obsessions in the new memo: cutting the “green premium” for energy technologies, meaning the delta between the cost of carbon-emitting and clean energy technologies, and improving the measurement of how spending can do the most for human welfare. The same topics dominated his thinking when I last spoke to the billionaire at the 2023 United Nations climate conference in Dubai.
What seems to have shifted, instead, is the global political environment. The Trump administration and Elon Musk gutted the federal government’s spending on global public health causes, such as vaccines and malaria prevention. European countries have also cut back their global aid spending, although not as dramatically as the U.S.
Gates seemingly now feels called to their defense: “Vaccines are the undisputed champion of lives saved per dollar spent,” he writes, praising the vaccine alliance Gavi in particular. “Energy innovation is a good buy not because it saves lives now, but because it will provide cheap clean energy and eventually lower emissions, which will have large benefits for human welfare in the future.”
Last week, Gates shared his thinking about climate change at a roundtable with a handful of reporters. He was, as always, engaging. I’ve shared some of his new takes on climate policy below. His quotes have been edited for clarity.
The environment we’re in today, the policies for climate change are less accommodating. It’s hard to name a country where you’d say, Oh, the climate policies are more accommodating today than they have been in the past.
The thesis I had was that middle income countries — who were already, at that time, the majority of all emissions — would never pay a premium for greenness. And so you could say, well, maybe the rich countries should subsidize that. But you know, the amounts involved would get you up to, like, 4% of rich country budgets would have to be transferred to do that. And we’re at 1% and going down. And there are some other worthy things that that money goes for, other than subsidizing positive green premium type approaches. So the thesis in the book [How to Avoid a Climate Disaster, published in 2021] is we had to innovate our way to negative green premiums for the middle income countries.
Climate [change] is an evil thing in that it’s caused by rich countries and high middle-income countries and the primary burden [falls on poor countries]. When I looked into climate activists, I said, Well, this is incredible. They care about poor countries so much. That’s wonderful, that they feel guilty about it. But in fact, a lot of climate activists, they have such an extreme view of what’s going to happen in rich countries — their climate activism is not because they care about poor farmers and Africa, it’s because they have some purported view that, like, New York City, can’t deal with the flooding or the heat.
The other challenge we have in the climate movement is in order to have some degree of accountability, it was very focused on short-term goals and per-country reports. And the per-country reporting thing is, in a way, a good thing, because a country — certainly when it comes to deforestation or what it’s doing on its electric grid, there is sovereign accountability for what’s being done. But I mean, the way everybody makes steel is the same. The way everybody makes the cement, it’s the same. The way we make fertilizer, it’s all the same. And so there can’t be some wonderful surprise, where some country comes in and, you know, gives you this little number [for its Paris Agreement goals], and you go, Wow, good! You’re so tough, you’re so good, you’re so amazing. Because other than deforestation and your particular electric grid, these are all global things.
If you’re a rich country, the costs of adaptation are just one of many, many things that are not gigantic, huge percentages of GDP — you know, rebuilding L.A. so that it’s like the Getty Museum, in terms of there’s no brush that can catch on fire, there’s no roof that can catch on fire, adds about 10% cost to the rebuild. It’s not like, Oh my god, we can’t live in LA. There’s no apocalyptic story for rich countries. [Climate adaptation] is one of many things that you should pay attention to, like, Does your health system work? Does your education system work? Does your political system work? There are a variety of things that are also quite important.
The place where it gets really tough is in these poor countries. But you know, what is the greatest tool for climate adaptation? Getting rich — growing your economy is the biggest single thing, living in conditions where you don’t face big climate problems. So when you say to an African country, Hey, you have a natural gas deposit, and we’re going to try to block you from getting financing for using that natural gas deposit … It probably won’t work, because there’s a lot of money in the world. It’s not clear how you’d achieve that. And it’s also in terms of the warming effect of that natural gas, versus the improvement of the conditions of the people in that country — it’s not even a close thing.
People in the [climate] movement, we do have to say to ourselves, For the Europeans, how much were they willing to pay in order to support climate? — and did we overestimate in terms of forcing them to switch to electric cars, to buy electric heat pumps, to have their price of electricity be higher? Did we overestimate their willingness to pay with some of those policies? And you do have to be careful because if your climate policies are too aggressive, you will be unelected, and you’ll have a right-wing government that cares not a bit about climate. I mean, God bless the Europeans for caring about climate. You worry they care so much about it that the people you talk to, you won’t be able to meet with them again, because they won’t be in power.
On EV investments hitting the brakes, Google’s nuclear restart, and a new data center consensus
Current conditions: Cyclone Montha is poised to make landfall over the Andhra Pradesh coast in eastern India with winds of up to 62 miles per hour • South Africa’s Northern Cape faces extremely high fire risks • Southwest California is also facing high risk of wildfires amid Santa Ana winds and dry, warm conditions today and tomorrow.

Hurricane Melissa has strengthened into a major storm, threatening to make landfall over Haiti, Jamaica, and Cuba as a Category 5 hurricane in the next few hours, with winds up to 180 miles per hour and more than four feet of rainfall. It’s likely to be the strongest storm to hit Jamaica since records started in 1851, with storm surge lapping the coast with waves of up to 15 feet. Already the storm has killed at least six people in the northern Caribbean. Evacuations started on Monday. “This can quickly escalate into a humanitarian crisis where a large number of people are in need of basic supplies such as food, safe drinking water, housing and medical care,” AccuWeather forecasters warned on Monday. “The prolonged nature of impacts can result in entire communities being cut off from aid and support for multiple days.”
The U.S. is just weeks away from reviving a shuttered nuclear plant for the first time, as Holtec International’s Palisades plant in Michigan nears its restart. Once that’s done, the Microsoft-backed project to revive the still-operable reactor at Pennsylvania’s Three Mile Island facility is likely the next nuclear site to come back from permanent decommissioning. Add another to the list. On Monday, Google inked a deal to back the restart of NextEra’s Duane Arnold nuclear plant, Iowa’s only atomic power station. As I reported in this newsletter back in August, NextEra was already considering a restart of the station, which shut down in 2020. It is, as my colleague Katie Brigham wrote in August, the zenith of the "nuclear dealmaking boom.”
The move comes as the U.S. finally embraces large-scale reactors again after years of pegging all future hopes of new nuclear construction on as-yet-unbuilt small modular reactors. On Tuesday, the U.S. government announced an $80 billion deal with Westinghouse to build a fleet of at least eight new power plants with a mix of gigawatt-sized AP1000s and some smaller versions, the Financial Times reported.
Heatmap’s Jael Holzman has breaking news on New York’s energy future: Swiftsure, a 650-megawatt battery energy storage development planned for New York’s Staten Island, was quietly scuttled in August. Rather than make a public announcement, the developer, Fullmark Energy (formerly Hecate), instead wrote a letter to the New York State Department of Public Service withdrawing the proposal. As Jael wrote, “nobody in Staten Island seems to have known until late Friday afternoon when local publication SI Advance first reported the withdrawal.” The project faced heavy opposition, including from New York Republican mayoral candidate Curtis Sliwa. The campaigns of Democrat Zohran Mamdani and independent Andrew Cuomo did not respond to requests for comment.
In other local news, Heatmap’s Jeva Lange is out with a remarkable new series called The Aftermath, a look at surviving the infernos that are increasingly a fact of life in parts of the U.S., especially out West. The series includes stories on the challenges involved in evacuation, why relocation can be impossible, the stories of wildfires that don’t capture national attention, the limits of what the public knows and doesn’t know about wildfires, and the buffers towns such as the fire-scorched Paradise, California, are trying to establish.
Investments in electric vehicle-related infrastructure, including batteries factories, vehicle assembly plants, and charging stations, tumbled by nearly a third to $8.1 billion in the three months leading to September compared to the same period a year earlier, according to the Financial Times. The analysis, based on data from the U.S. Clean Investment Monitor, found that about $7 billion of planned EV investments were abandoned between April and September. The pullback could define the West’s place in the EV industry for years to come, widening China’s lead over production of battery-powered cars. “We need to … be quicker in development to compete with the Chinese,” Hakan Samuelsson, chief executive of Volvo Cars, told the newspaper. “As soon as you weaken these signals, everything will slow down,” he added, referring to the knock-on effect of policy changes emanating from the White House.
When Secretary of Energy Chris Wright last week directed the Federal Energy Regulatory Commission to fast-track interconnection request for large new energy users, he also endorsed the somewhat controversial idea that big electricity users such as data centers should dial back their operations from time to time when the grid is stressed, Latitude Media’s Lisa Martine Jenkins reported last week. On Monday, ChatGPT-maker OpenAI threw its weight behind the idea. In a letter to the White House’s Office of Science and Technology Policy, Christopher Lehane, OpenAI’s chief government affairs officer, called on regulators to “expand use of curtailable load resources and modernize interconnection policy.” Lehane said “we welcomed the news last week that” Wright had expressed support for the policy. “To strengthen grid reliability and expand capacity for AI and other flexible loads, FERC should allow more demand-side participation in wholesale markets and speed up interconnection for large loads that can curtail,” he added.
The idea has been gaining momentum since Duke Energy researcher Tyler Norris put out a landmark paper in February identifying up to 100 gigawatts of additional load the grid could absorb if data centers simply adopted a policy of reducing power consumption when there was a shortage of electrons. Heatmap’s Matthew Zeitlin called it “one weird trick for getting more data centers on the grid.”
Carbon removal startup Rewind has launched DMS Georgia, the first commercial-scale carbon removal operation using deep mine storage. It’s the first time a certified carbon credit will be delivered by plant-based carbon in naturally oxygen-free underground environments. The project aims to bury carbon-emitting biomass in environments where the lack of oxygen makes decomposition impossible. By 2030, Rewind aims to remove one million metric tons of carbon per year.
Fullmark Energy quietly shuttered Swiftsure, a planned 650-megawatt energy storage system on Staten Island.
The biggest battery project in New York has been canceled in a major victory for the nascent nationwide grassroots movement against energy storage development.
It’s still a mystery why exactly the developer of Staten Island’s Swiftsure project, Fullmark Energy (formerly known as Hecate), pulled the plug. We do know a few key details: First, Fullmark did not announce publicly that it was killing the project, instead quietly submitting a short, one-page withdrawal letter to the New York State Department of Public Service. That letter, which is publicly available, is dated August 18 of this year, meaning that the move formally occurred two months ago. Still, nobody in Staten Island seems to have known until late Friday afternoon when local publication SI Advance first reported the withdrawal.
Second, Swiftsure was going to be massive. It was the largest planned battery storage project in New York State, according to public records, with the ability to store upwards of 650 megawatts of electricity — enough to power more than half a million homes. That makes Swiftsure likely one of the largest battery projects in the country, with more capacity than any other energy storage project currently facing opposition in the U.S., according to our very own Heatmap Pro database. This is the second Fullmark project to totally flop in recent months. We reported last week that one of the company’s projects outside of Los Angeles had its permits voided in a court ruling that also blocked battery storage development in unincorporated areas outside the city.
Third, and potentially most significant for energy developers in New York City: Swiftsure’s death will almost certainly embolden the anti-storage activist movement.
Curtis Sliwa, the Republican nominee in next week’s New York mayoral election, was one of many local politicians who opposed Swiftsure and rallied with residents close to the proposed site in May. He’s part of a broader trend of Republican politicians becoming skeptical of battery storage sites near where people live and work, including in Democrat-ruled New York.
Putting batteries in the five boroughs has always been a challenge, but January’s Moss Landing battery fire in California created a PR frenzy in the city, as conservative figures seized on the online panic created by the blaze. Once-agnostic GOP members of Congress from New York City are now anti-battery storage in their backyards, including Anthony D’Esposito, Nicole Malliotakis and Mike Lawler. Trump’s Environmental Protection Agency administrator, Lee Zeldin — a former NYC congressman — is now weighing in against individual battery projects on Long Island and Staten Island.
Swiftsure was proposed in 2023 and permitted by the state last year. Fullmark was given a deadline of this spring to submit routine paperwork demonstrating how it would comply with conditions of the site’s permit, including how the battery storage project would be decommissioned. In August, the New York Department of Public Service gave Fullmark an extension until October 11.
Instead of meeting that October deadline, it seems Fullmark quietly withdrew its Swiftsure proposal.
It’s unclear how Democrat Zohran Mamdani or independent Andrew Cuomo would handle the rise of the anti-battery movement if either of them wins the November 4 mayoral election. That’s partially because energy policy and climate change have been non-issues in the campaign, saving small mentions of nuclear power, heat pumps, or gas prices in one-off debate answers or social media posts.
Sliwa, who has referred to Swiftsure as a “mini Chernobyl,” told me that he anticipates this victory will lead to more protests at more battery sites, no matter who wins the mayoral election. “The cancellation of this lithium-ion battery warehouse will reverberate throughout the boroughs,” Sliwa told me Monday. “It’ll be a rallying cry [because] it’s not a fait accompli that these facilities will be complete and operational.”
The Mamdani and Cuomo campaigns did not respond to requests for comment on Swiftsure’s cancellation.