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This weird oversized e-bike is sparking a controversy in New York City.

New York City wants to invite a new breed of delivery vehicle onto its streets — or rather, into its bike lanes.
A proposal by the city’s transportation department would enable larger, electric, pedal-assist cargo bicycles to deliver packages. By allowing a wider variety of commercial bicycles to operate, the city hopes to shift more deliveries by major carriers like Amazon and UPS out of trucks and onto bikes in order to cut pollution, reduce carbon emissions, and improve public safety.
There’s a surprisingly broad array of conveyances that are all, nominally, electric cargo bikes. You may have seen neighbors piloting these 2-wheeled consumer models back from the grocery store, which come with a small, built-in trailer or wagon. In dense cities, many companies are now making deliveries with e-bikes carting long, 3-wheeled trailers stacked with boxes behind them. But in New York, there are currently legal limits on how wide these bikes can be and how many wheels they can have. Some of the models that are growing popular with delivery companies like Amazon and DHL in London and Berlin either have bigger, pallet-sized storage containers attached to them, or more closely resemble golf carts or slim trucks than bikes.
Take this “skinny legend” recently piloted by UPS, which is similar to the model that Amazon is rolling out in London. It may not look like a bike, but there’s no steering wheel or acceleration pedal. It has handlebars and won't budge until the driver begins cycling away — at which point an electric motor kicks in and it can reach speeds of up to 15.5 miles per hour.
It’s also frankly, adorable. Maybe it’s just the innate human attraction to miniaturized things, but I mean, just look at this thing:
The New York City Department of Transportation estimates that heavy-duty vehicles account for roughly half of tailpipe emissions, despite making up a small fraction of vehicle activity, and freight traffic is growing rapidly. Pre-pandemic projections estimated that regional freight traffic would grow 67% between 2012 and 2045, but since January of 2020, the DOT estimates it’s already increased by more than 50%. Cargo bikes are part of the city’s vision for sustainable freight, as a way to make the “last mile” of delivery more efficient.
It’s already working. A NYC pilot program found that in 2022, cargo bikes made more than 130,000 trips delivering over 5 million packages, resulting in the reduction of over 650,000 metric tons of CO2 emissions. The Department of Transportation has determined that there is even more unmet demand that could be addressed if larger cargo bikes are allowed.
But the proposal to allow larger e-bikes on the road has had a rocky start. It’s not surprising — the idea of one of these things bounding down the city’s crowded, narrow bike lanes is a little unnerving. The city’s bike infrastructure has improved a lot in recent years, with more routes and more protected lanes. But many protected lanes still require cyclists to exercise sharp reflexes to dodge idling trucks, parked cop cars, oblivious pedestrians, and zippy mopeds. Without a more comprehensive approach to the e-bike revolution, the city risks creating a more dangerous environment and inviting public backlash.
“We think they really are an opportunity to transition away from trucks to more sustainable and safer modes of transit,” Alexa Sledge, associate director of communications at the nonprofit Transportation Alternatives, told me. “But at the same time, the way our streets are built right now is so often prioritizing trucks and cars, and we really need more space for bikes if we are going to transition to using more cargo bikes.”
During a recent comment period and public hearing on the proposal, many New Yorkers turned out to express their concerns that these vehicles pose a danger to pedestrians and other bikers. The city has already faced growing backlash from residents over e-bikes and mopeds riding on the sidewalks as food delivery has become more popular, and many commenters worried this would only make the situation worse. Others accused the bikes of being “mini trucks,” but not in a cute way.
“I am strongly against this,” read a comment by Fawn Sullivan. “The sidewalks and bike lanes are already chaotic and dangerous due to e-bikes/mopeds. We need more regulations for e-vehicles, not less.”
“If they use the same bike lanes as your everyday commuter, it’s going to be an absolute nightmare and clog up the lanes, pushing cyclists into the streets or sidewalks to get around deliveries,” read another by Michelle G. “I can see this being a total mess.”
There were also many supportive commenters who echoed Sledge’s caveat about ensuring the right infrastructure was in place. One commenter named Bill Bruno called the switch from trucks to cargo e-bikes “long overdue,” but wanted to see “wider bike lanes and many more drop-off zones.” Sara Lind, of Open Plans, a grassroots group advocating for “people-first street culture,” wrote, “Functional infrastructure will be critical to make this important program work.”
The proposal follows a program that DOT launched at the end of 2019 to track the use of cargo bikes by commercial shipping carriers. By coincidence, the data collection effort started just as package delivery was exploding due to the pandemic. After just a year, the city found that companies were rapidly increasing the use of electric cargo bikes. Between May 2020 and January 2021, the number of cargo bike deliveries increased 109%.
But existing laws restrict carriers to using bikes that are 3-feet wide and have three wheels. (Although UPS, a participant in the pilot program, seemed to have gotten around the restriction with a four-wheeled model it rolled out last year. Neither the company nor the Department of Transportation responded to my request for clarification.)
In any case, the city’s proposal would officially allow the use of models that are up to 4-feet wide, and have four wheels, like those I described earlier.
But another issue that came up in the comments was that the proposal would backtrack slightly, banning many of the models that carriers were already using on NYC streets. It caps the length of a cargo bike to 10 feet, despite many current cargo bikes measuring out to 14 feet — mostly those that are toting trailers. “We cannot risk alienating the users who have already adopted this sustainable delivery mode,” wrote Lind.
The city is still parsing public comments and has not said when it plans to finalize the rules. The DOT did not respond to a question I sent them about whether it plans to do anything in conjunction with this rule change to address bike lane safety.
This is also just one piece of New York’s broader plans to reduce truck traffic in the city. The DOT is planning to pilot “microhubs,” locations where online orders can be dropped off and then distributed locally by smaller vehicles. Plus, the decades-long battle to establish a congestion pricing scheme may finally be coming to a head, with plans to begin charging vehicles to enter downtown Manhattan sometime next year. When I spoke with Sledge, she said that’s likely to put more pressure on delivery companies to switch to e-bikes, raising the urgency of the need to re-design the city’s streets for a micro-mobility future.
“We can’t continue to have the same sort of street design we’ve had for years if we're going to ask these bike lanes to do so much more,” she said. “It will be even more important to take space away from cars and give it to people riding bikes if they’re going to be such a large number of our road users.”
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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.