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Carbon capture might be EPA’s strongest tool to cut emissions from power plants. That could scramble battle lines.
Carbon capture, one of the most controversial climate solutions, could soon become a centerpiece of U.S. climate policy.
The Environmental Protection Agency is expected to finally unveil its proposal to cut emissions from power plants next week. In the lead up to the announcement, The New York Times reported that the agency is planning to set greenhouse gas emission limits for new and existing power plants based on the reductions that could be achieved by installing equipment to catch emissions from plant smokestacks before they enter the atmosphere.
The funny thing is, whether you see promise in carbon capture or deem it a boondoggle, this is probably the most aggressive approach the EPA can take for power plants. It could even speed up the transition to renewable energy. And for that reason, it’s going to put both proponents and critics of the technology in a weird position, scrambling the usual battle lines on the subject.
Due to the Supreme Court’s ruling in last year’s West Virginia vs. EPA case, the agency’s legal avenues for reducing emissions from the power sector are limited. It can’t force utilities to shut down their fossil fuel power plants and switch to renewables. Instead, it must stick to reductions that can be achieved “within the fenceline” of a power plant.
That leaves a few options. The agency could base its rule on improvements to power plant efficiency. It could look to the potential for coal plants to co-fire with gas or for gas plants to burn hydrogen. But neither would reduce emissions as much as a rule based on carbon capture, Lissa Lynch, a senior attorney at the Natural Resources Defense Council told me in an email. And the Inflation Reduction Act, which contained huge tax credits for carbon capture, makes it possible for the agency to argue that carbon capture is an economically feasible solution, as my colleague Robinson Meyer has reported.
Here’s the twist: That doesn’t mean that every plant would have to install carbon capture. States would have the authority to create their own implementation plans to comply with the standard, and a range of options for how to do it. They might choose to shut down some power plants and replace them with renewables, or operate plants less frequently. But since renewables are so cheap, shifting to solar, wind, and batteries may be the more common response than investing in carbon capture.
The research firm Rhodium Group recently modeled the potential emission reductions from carbon capture-based power plant rule, taking into account new tax credits from the Inflation Reduction Act, and found that only about 20 gigawatts’ worth of coal and gas plants would end up installing carbon capture by 2035. By comparison, some 700 gigawatts of coal and gas plants operate today.
Over the past few years, under increased pressure from investors to show what they are doing about climate change, the oil and gas industry has ramped up its advocacy for carbon capture. Many fossil fuel producers and electric utilities now have net-zero plans that rely heavily on the technology. In 2021, ExxonMobil announced plans to work with 15 other companies to develop a $100 billion carbon capture hub in Houston. DTE, a Michigan utility that owns power plants in California, may have even engineered an entire dark money campaign to convince California regulators to make carbon capture part of the state’s climate plan.
In the American Petroleum Institute’s 2021 Climate Action Framework, the lobbying group said one of its goals was to “Fast-track the Commercial Deployment of Carbon Capture, Utilization and Storage,” and wrote that it “supports federal policies to achieve the ‘at-scale phase’ of CCUS commercial deployment.” (CCUS stands for carbon capture, utilization, and storage.)
On social media, API paints carbon capture as a present-day solution. “Advancements in carbon capture technology from the brightest minds in the energy industry are slashing emissions and creating a cleaner future,” it recently tweeted.
\u201cAdvancements in carbon capture technology from the brightest minds in the energy industry are slashing emissions and creating a cleaner future.\u201d— American Petroleum Institute (@American Petroleum Institute) 1680725045
At the same time, large swaths of the environmental community have joined together to oppose the technology. In July 2021, more than 500 organizations signed on to a letter to U.S. leaders in Washington arguing that carbon capture is not a climate solution. “Simply put, technological carbon capture is a dangerous distraction,” the groups wrote. “We don’t need to fix fossil fuels, we need to ditch them.” Many, many environmental groups have published treatises on why carbon capture is unproven, too expensive, harms communities, and prolongs dependence on fossil fuels.
But as the new power plant regulations loom, proponents of carbon capture have started to temper their enthusiasm, citing some of those same concerns.
In comments submitted to the EPA in March, the American Petroleum Institute’s vice president of natural gas markets, Dustin Meyer, only mentions the technology as an afterthought, underscoring that it isn’t viable yet. After a long section highlighting the benefits of switching from coal to natural gas for power generation, he writes, “In the future ... new technologies like CCUS can offer additional opportunities to reduce emissions.” The American Petroleum Institute declined to comment for this story.
Southern Company, which owns gas and electric utilities across six states, submitted extensive comments to the EPA arguing that carbon capture was “many years away.” The company manages and operates the National Carbon Capture Center, where it conducts research on the technology. Its climate plan suggests that some 21% of its electricity generation will come from natural gas plants with carbon capture by 2050. And it’s in the process of conducting an engineering study to install the technology on one of its natural gas plants in Alabama.
But carbon capture isn’t ready for commercial deployment, Southern writes, using an example that’s often cited by critics of the technology — Petra Nova. Petra Nova is a carbon capture project at a coal-fired power plant in Texas that was mothballed in 2020 when it lost buyers for the captured carbon. While it operated, it experienced frequent outages and failed to capture the amount of carbon it was designed to. Its failure, Southern writes, illustrates that more research is needed to reduce the cost of carbon capture and improve reliability and performance, “which are critical when facilities are required to meet regulatory emission limits.”
Meanwhile, some of the loudest proponents of carbon capture in the upcoming EPA regulations have been environmental groups like the Natural Resources Defense Council, Evergreen Action, and the Clean Air Task Force. This isn’t exactly surprising. These groups, in particular, have historically been supportive of carbon capture technology.
“Industry has been touting the promise of carbon capture and storage for decades,” Lynch of the Natural Resources Defense Council told me. “It hasn’t been widely deployed on power plants because there currently aren’t any federal restrictions on the amount of carbon pollution that power plants can emit.”
Jay Duffy, litigation director at Clean Air Task Force, said the industry’s claims are unfounded. He cited studies by the Department of Energy’s National Energy Technology Laboratory which show that carbon capture is economical, when considering the new tax credits in the Inflation Reduction Act. There are already 13 vendors offering the technology for gas-fired power plants, he said.
Moving forward, some of carbon capture’s biggest critics might find that they need to support a carbon capture-based standard. The Center for Biological Diversity submitted comments to the EPA criticizing the technology, but did not suggest an alternative basis for the rule. When I asked Jason Rylander, legal director for the organization’s Climate Law Institute, whether they would support a standard based on carbon capture, he didn’t say no.
“The big problem is that the existing fossil fuel fleet is essentially uncontrolled for climate pollution in the middle of a climate crisis,” he told me. “That has to stop.”
Rylander couldn’t say where his organization would come down on the rule without seeing it, but he said that if it was based on carbon capture, there would have to be “extremely strong guardrails to ensure the safety and performance of the equipment.” But he also acknowledged that the EPA’s increasingly tough regulatory environment for power plants, along with tax incentives for clean energy in the Inflation Reduction Act, could mean that very little carbon capture would ultimately get built.
“It may very well be that the majority of plants meet these standards by other means.”
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On Cabinent confirmations, NYC’s congestion pricing, and Orsted
Current conditions: Flowers are blooming in Moscow as parts of Russia experience unseasonally warm weather • The UK is being battered by yet another storm after Éowyn and Herminia brought back-to-back flooding events • An atmospheric river is expected to soak Northern California this weekend.
The Cabinet confirmations continue. Doug Burgum was confirmed yesterday as the new secretary of the Interior Department, where he will be in charge of executing President Trump’s plans to “drill, baby, drill.” He’ll also oversee the National Park Service, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, and the Bureau of Land Management. One of his first priorities will be to carry out the president’s executive order pausing new offshore wind leasing and permitting. During his confirmation hearings, Burgum suggested that “clean coal” could help with decarbonization, backed up Trump’s disdain for wind power, and dodged questions seeking reassurance about his commitment to protecting federal lands. More than half of the Senate Democrats voted for Burgum’s confirmation.
President Trump is reportedly considering ways to cancel New York City’s congestion pricing. The tolling program – the first in the nation – came into effect in early January and has produced “undeniably positive results,” according to Janno Lieber, CEO of the Metropolitan Transportation Authority. It has prevented some 1 million vehicles from entering lower Manhattan, significantly reduced congestion and commuting times, and made bus services more efficient. Weekday ridership on some bus routes has increased by nearly 15%, and subway ridership has grown by 7.3%. “Better bus service, faster drive times, and safer streets are good for all New Yorkers,” Lieber said.
MTA
The Department of Transportation this week moved to carry out some of President Trump’s executive orders aimed at eliminating all Biden-era policies that “reference or relate in any way” to climate change, “greenhouse gas” emissions (quotes are theirs), and environmental justice. A memorandum from Transportation Secretary Sean Duffy gave all administrations and agencies operating under DOT purview 10 days to produce a written report listing any policies relating to these climate issues and then another 10 days to terminate those policies. Duffy’s order also canceled a 2023 DOT policy that required all agencies to consider climate change adaptation and resilience in planning. The DOT employs 55,000 people across various bureaus including the National Highway Traffic Safety Administration, the Federal Aviation Administration, the Pipeline and Hazardous Materials Safety Administration, the Federal Railroad Administration, and many others.
Mads Nipper is out as CEO of the world’s largest offshore wind developer. Orsted is replacing Nipper tomorrow with the company’s current deputy chief executive and chief commercial officer, Rasmus Errboe. The decision comes just 10 days after Orsted announced a $1.7 billion write-down in the U.S., which it blamed on challenging economic conditions like high interest rates and general uncertainty about the offshore wind industry. Nipper’s departure isn’t all that surprising – he held on after the company announced huge impairments from abandoning some U.S. projects in 2023. The latest write-downs were the “straw that broke the camel’s back,” one source told the Financial Times. In a statement, Errboe acknowledged the “headwinds” facing the industry, and said “offshore wind remains crucial for the green transition, and we’re deeply committed to pursuing our vision of a world that runs entirely on green energy.”
More than $2 trillion was invested in the global energy transition last year, according to BloombergNEF’s annual energy Transition Investment Trends report. That’s 11% more than was spent in 2023, and a new record. But … investment growth seems to be slowing, and it still falls short of the $5.6 trillion that experts say will be needed each year between now and 2030 to have a shot at reaching net zero by 2050. The report contains lots of interesting statistics. For example:
“If Trump makes good on his threats to tariff oil imports from Canada and Mexico, then he will cost the American oil and gas industry tens of billions of dollars while causing gasoline prices to rise across much of the country.”
–Heatmap’s Robinson Meyer on how Trump might be about to wreck U.S. oil refineries
PJM is projecting nearly 50% demand growth through the end of the 2030s.
The nation’s largest electricity market expects to be delivering a lot more power through the end of the next decade — even more than it expected last year.
PJM Interconnection, which covers some or all of 13 states (and Washington, D.C.) between Maryland and Illinois, released its latest long-term forecast last week, projecting that its summer peak demand would climb by almost half, from 155,000 megawatts in 2025 to around 230,000 in 2039.
The electricity market attributed the increased demand to “the proliferation of data centers, electrification of buildings and vehicles, and manufacturing,” and noted (not for the first time) that the demand surge comes at the same time many fossil fuel power plants are scheduled to close, especially coal plants. Already, some natural gas and even some coal plants in PJM andelsewhere that were scheduled to close have seen their retirement dates pushed out in order to handle forecast electricity demand.
This is just the latest eye-popping projection of forthcoming electricity demand from PJM and others — last year, PJM forecast summer peak demand of about 180,000 megawatts in 2035, a figure that jumped to around 220,000 megawatts in this year’s forecast.
While summer is typically when grids are most taxed due to heavy demand from air conditioning, as more of daily life gets electrified — especially home heating — winter demand is forecast to rise, too. PJM forecast that its winter peak demand would go from 139,000 megawatts in 2025, or 88% of the summer peak, to 210,000 megawatts in 2039, or 95% of its summer peak demand forecast for that year.
Systems are designed to accommodate their peak, but winter poses special challenges for grids. Namely, the electric grid can freeze, with natural gas plants and pipelines posing a special risk in cold weather — not to mention that it’s typically not a great time for solar production, either.
Aftab Khan, PJM’s executive vice president for operations, planning, and security, said in a statement Thursday that much of the recent demand increase was due to data centers growing “exponentially” in PJM’s territory.
The disparity between future demand and foreseeable available supply in the short term has already led to a colossal increase in “capacity” payments within PJM, where generators are paid to guarantee they’ll be able to deliver power in a crunch. These payments tend to favor coal, natural gas, and nuclear power plants, which can produce power (hopefully) in all weather conditions whenever it’s needed, in a way that variable energy generation such as wind and solar — even when backed up by batteries — cannot as yet.
Prices at the latest capacity auction were high enough to induce Calpine, the independent power company that operates dozens of natural gas power plants and recently announced a merger with Constellation, the owner of the Three Mile Island nuclear plant, to say it would look at building new power plants in the territory.
The expected relentless increase in power demand, power capacity, and presumably, profits for power companies, was thrown into doubt, however, when the Chinese artificial intelligence company DeepSeek released a large language model that appears to require far less power than state of the art models developed by American companies such as OpenAI. While the biggest stock market victim has been the chip designer Nvidia, which has shed hundreds of billions of dollars of market capitalization this week, a number of power companies including Constellation and Vistra are down around 10%, after being some of the best stock market performers in 2024.
A conversation with Carl Fleming of McDermott Will & Emory
This week we’re talking to Carl Fleming, a renewables attorney with McDermott Will & Emory who was an advisor to Commerce Secretary Gina Raimondo under the Biden administration. We chatted the morning after the Trump administration attempted to freeze large swathes of federal spending. My goal? To understand whether this chaos and uncertainty was trickling down into the transition as we spoke. But Fleming had a sober perspective and an important piece of wisdom: stay calm and remain on course.
The following conversation has been lightly edited for clarity.
How are you seeing the private sector respond to all of this news?
My view is, you can read a lot into what people publish in the EOs and what’s written and what’s issued and you can sometimes read a good deal into what hasn’t been issued and what hasn’t been said. In the executive orders that got first issued in a flurry we saw a few that got pointed directly at onshore wind, some on offshore wind, but solar and standalone storage – as predicted – remained pretty much intact.
We were under the impression and we stood by it that we had the guidance in hand, bankable guidance, from the IRS prior to the change in administration and prior to any look-back window that people had been transacting on over the past year at kind of a record pace. Standalone storage has just had a breakout year. Solar continues to go, to continue to be put on the grid. And we also have manufacturing of solar panels, the domestic supply chain. This year we stood up is nowhere near what we need to fulfill our requirements to get everything we need to do domestically to fill our generation requirements [but] its a pretty great step in the right direction. And those credits have been pretty good to the economy and Republican states.
The way I’ve seen people react is, I’ve probably been busier than ever the past two weeks, not only fielding questions like that but also for tax credit transfers, all of the corporates we work with. We work in both the buy and the sell side of all these credit transfers. We’re working with a lot of solar module manufacturers to sell the credits under the IRA. We’re working with a lot of buyers to purchase those credits. And we’re working with the buyers and sellers under the generation of these projects.
All of the buyers have come out and continued with their 2025 strategy to buy more of these credits, if not more so. And all of the developers we represent continue to produce more of these credits. So I haven’t seen a hiccup or slowdown in actual transactions. If anything, I’ve seen stuff pick up in the solar space and in the manufacturing space. I continue to be very optimistic about those two fundamental parts of the energy transition, because if you need to go be an energy superpower, you wouldn’t want to turn off solar, turn off storage –
Is that argument that if you were trying to deal with “energy security,” you wouldn’t turn off solar and storage – is that enough to assuage uncertainty in the investor space?
I think it’s helpful. If you’re a private equity investor or you’re any sort of lender or a developer, you’re probably not going to base your whole model on the hopes that our energy security strategy syncs up with what most people think it should look like. But when you layer it on top of some of the fundamentals… I want to say that solar did not go away eight years ago. When Trump first came in, we saw more renewables deployed in his administration. At times, we saw more beneficial guidance, issuance of tax guidance under that administration, than we would hope for from some more favorable administrations.
The fact that the IRA has disproportionately benefited red states is just a fact that can’t be overlooked. I met with a group of about two dozen lawmakers a few weeks ago to talk about the IRA and there’s quite a few of those folks in the room that say, “Whatever we do, we can’t dismantle the IRA.”
But how has the chaos in the last week and a half impacted investment in renewable energy, though?
I think the renewable energy industry is used to a lack of predictability. It’s kind of a lawyer’s job, our team’s job, to help folks mitigate risk [and] to see what potential pitfalls there may be and to structure and draft around those.
You might see as things get more unpredictable, as folks go out to investors to raise capital, you might see a little bit of tightening around different portfolios or different types of companies based on their pipelines or how they’re put together. But I think one investor’s look on a project or pipeline may vary widely from another investor who’s got a different project or pipeline. There’s a lot of capital out there to be deployed. I think people are looking to invest.
I think you just need to partner the right developers with the right investors.
Are you seeing any slowdown in solar investment though?
I don’t see folks taking a hardline approach or stopping any time soon.
This is not an existential crisis while the ITC [investment tax credit] and PTC [production tax credit] exist. It’s not even, could you go back in time to unwind these credits. It’s moreso, going forward, what will the IRA look like? Will there be additional technologies added to the IRA? That’s possible to help stand up other technologies. Will the runway for the credit, instead of it being unlimited for at least 10 years, will [it] be pared back a bit? There’s potential, but it’s unlikely.
Okay last question and it’s a fun one: what was the last song you listened to?
I’m not going to lie, I’m an Eagles fan. And I’m from Philly and a huge Meek Mill fan. So “Uptown Vibes” by Meek Mill is in the car.