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Politics

Biden’s LNG Permitting Pause Is No More

On liquified natural gas exports, BYD vs. Tesla, and heat protections

Biden’s LNG Permitting Pause Is No More
Heatmap Illustration/Getty Images

Current conditions: Raging wildfires are forcing evacuations on several Greek islands • More rain is forecast for China’s sodden rice growing regions • Temperatures in Death Valley could reach 130 degrees Fahrenheit early next week.

THE TOP FIVE

1. Judge blocks Biden’s LNG permitting pause

A federal court last night blocked President Biden’s pause on permits for new liquefied natural gas export terminals. The administration issued a temporary moratorium on new LNG approvals in January, allowing the Energy Department to study what effect terminals have on the climate, a move seen as a big win for climate activists. But it was quickly followed by a lawsuit from 16 states accusing the administration of violating federal law. A Trump-appointed judge in Louisiana agreed that the pause was hurting states, and said it was “completely without reason or logic and is perhaps the epiphany of ideocracy [sic].” The Energy Department disagreed with the ruling and is considering its next steps. Some early reaction and analysis to the news:

  • “The ruling represents the latest example of how the judiciary is increasingly constraining President Biden’s climate goals at the behest of conservative and corporate challengers.” –Maxine Joselow at The Washington Post.
  • A “major victory for American energy.” –Louisiana Attorney General Liz Murrill.
  • “We remain committed to informing our decisions with the best available economic and environmental analysis, underpinned by sound science.” –White House spokesman Angelo Fernández Hernández.
  • “Although the court order immediately enjoins the pause, the short-term practical effects are likely to be minimal.” –Jennifer A. Dlouhy at Bloomberg News.

2. Hurricane Beryl gains strength and aims for Jamaica

Hurricane Beryl has strengthened into a monster category 5 storm, the earliest storm of that magnitude ever to form in the Atlantic in recorded history. The system slammed into Grenada’s Carriacou Island, St. Vincent, and the Grenadines, leaving catastrophic damage in its wake. “In half an hour, Carriacou was flattened,” Grenada’s Prime Minister Dickon Mitchell said. The National Hurricane Center said the storm had maximum sustained winds of 165 miles per hour and was “still intensifying” this morning as it headed toward Jamaica. “Hurricane Beryl could never have formed where and when it did were it not for the unprecedented heat in the Atlantic Ocean,” wrote Jake Bittle at Grist, noting that surface temperatures are as much as 3 or 4 degrees Fahrenheit above average.

3. Analysts expect Q2 drop in Tesla deliveries

Tesla is expected to report Q2 deliveries today. Analysts think the EV maker will show a 6% drop in deliveries compared to the same period last year, marking the second declining quarter in a row. The company has “few excuses for its sales slowdown,” wrote Dana Hull and Kara Carlson at Bloomberg. The problem is straightforward, they added: “Tesla’s older lineup of vehicles is having a harder time keeping up with fresher offerings from rival EV manufacturers.”

Meanwhile, Chinese EV powerhouse BYD just reported its highest ever monthly sales of new energy vehicles, and a 21% rise in EV sales for the second quarter. The total number of vehicles sold (426,039) is about 12,000 short of what is expected from Tesla, but the gap is closing.

4. Biden administration proposes federal rules to protect workers from heat

The Biden administration today put forward a proposal to “establish the nation’s first-ever federal safety standard addressing excessive heat in the workplace.” The rules would require employers to identify heat hazards, have response plans for heat illness and heat emergencies, and provide access to shade, water, and rest breaks. New workers would also need to be acclimatized to higher temperatures. A White House official told The Associated Press that we’d see more penalties for heat-related violations in workplaces. If finalized, the rule would apply to about 36 million workers and reduce heat-related health problems in the workplace significantly. The plan is “likely to face legal challenges from businesses and lobbying groups that have staunchly opposed such a measure,” The Guardian reported.

Also today, the EPA will publish a new report outlining how climate change continues to affect the U.S., so be on the lookout for that.

5. ITER fusion project completes its magnet system

An international fusion mega-project long in the making has received a delivery of 19 massive, 56-foot-tall magnets that are essential for controlling and confining the reactions that will take place inside its tokamak. Here is a rendering of the magnets surrounding the tokamak (human for scale!):

ITER

The International Thermonuclear Experimental Reactor (ITER) project, which is under construction in southern France, will be the world's largest experimental fusion facility once completed. It is designed to demonstrate the feasibility of fusion power, which is the process by which stars produce energy and, if harnessed on Earth, could provide abundant clean energy. While the delivery of the magnets is a big step, the ITER project is struggling with delays and mounting costs. Its first fusion reaction was slated to happen next year but that timeline was recently pushed back by 10 years to 2035. Another large fusion reactor called JT-60SA fired up last October in Japan.

THE KICKER

A new bill set to be signed into law in Michigan will prohibit the state’s homeowners’ associations from banning projects that improve a home’s energy efficiency, like rooftop solar or EV chargers.


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Hotspots

More Turbulence for Washington State’s Giant Wind Farm

And more of the week’s top news around development conflicts.

The United States.
Heatmap Illustration/Getty Images

1. Benton County, Washington – The bellwether for Trump’s apparent freeze on new wind might just be a single project in Washington State: the Horse Heaven wind farm.

  • Intrepid Fight readers should remember that late last year Rep. Dan Newhouse, an influential Republican in the U.S. House, called on the FAA to revoke its “no hazard” airspace determinations for Horse Heaven, claiming potential impacts to commercial airspace and military training routes.
  • Publicly it’s all been crickets since then with nothing from the FAA or the project developer, Scout Clean Energy. Except… as I was reporting on the lead story this week, I discovered a representative for Scout Clean Energy filed in January and March for a raft of new airspace determinations for the turbine towers.
  • There is no public record of whether or not the previous FAA decisions were revoked and the FAA declined to comment on the matter. Scout Clean Energy did not respond to a request for comment on whether there had been any setbacks with the agency or if the company would still be pursuing new wind projects amidst these broader federal airspace issues. It’s worth noting that Scout Clean Energy had already reduced the number of towers for the project while making them taller.
  • Horse Heaven is fully permitted by Washington state but those approvals are under litigation. The Washington Supreme Court in June will hear arguments brought by surrounding residents and the Yakima Nation against allowing construction.

2. Box Elder County, Utah – The big data center fight of the week was the Kevin O’Leary-backed project in the middle of the Utah desert. But what actually happened?

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Q&A

What the ‘Eco Right’ Wants from Permitting Reform

A conversation with Nick Loris of C3 Solutions

The Fight Q&A subject.
Heatmap Illustration

This week’s conversation is with Nick Loris, head of the conservative policy organization C3 Solutions. I wanted to chat with Loris about how he and others in the so-called “eco right” are approaching the data center boom. For years, groups like C3 have occupied a mercurial, influential space in energy policy – their ideas and proposals can filter out into Congress and state legislation while shaping the perspectives of Republican politicians who want to seem on the cutting edge of energy and the environment. That’s why I took note when in late April, Loris and other right-wing energy wonks dropped a set of “consumer-first” proposals on transmission permitting reform geared toward addressing energy demand rising from data center development. So I’m glad Loris was available to lay out his thoughts with me for the newsletter this week.

The following conversation was lightly edited for clarity.

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Spotlight

How to Get Away with Murdering an Energy Industry

And future administrations will learn from his extrajudicial success.

Donald Trump and wind turbines.
Heatmap Illustration/Getty Images

President Donald Trump is now effectively blocking any new wind projects in the United States, according to the main renewables trade group, using the federal government’s power over all things air and sky to grind a routine approval process to a screeching halt.

So far, almost everything Trump has done to target the wind energy sector has been defeated in court. His Day 1 executive order against the wind industry was found unconstitutional. Each of his stop work orders trying to shut down wind farms were overruled. Numerous moves by his Interior Department were ruled illegal.

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