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Politics

Will SCOTUS Block a Major Air Pollution Rule?

On being a good neighbor, Rivian’s results, and China’s emissions

Will SCOTUS Block a Major Air Pollution Rule?
Heatmap Illustration/Getty Images

Current conditions: Heavy rain caused extreme flooding outside Rio de Janeiro • Japan is enduring record-breaking warm winter weather • It’ll be 72 degrees Fahrenheit and sunny at Peoria Stadium in Arizona for the MLB’s first spring training game between the Los Angeles Dodgers and the San Diego Padres.

THE TOP FIVE

1. Supreme Court weighs challenge to EPA pollution rule

The Supreme Court this week has been hearing arguments in what CNN called “the most significant environmental dispute at the high court this year,” and things aren’t looking good for the Environmental Protection Agency. Several states and energy companies want to block the EPA’s “good neighbor” plan, which seeks to impose strict emissions limits on industrial activities in 23 states in an effort to prevent pollution from drifting across state lines and forming dangerous smog. Challengers say the regulation is overreaching and want its implementation delayed. Yesterday the court’s conservative majority appeared skeptical of the EPA’s authority, citing the fact that lower court decisions have paused the regulation in 12 states.

Environmental groups worry a ruling against the EPA here could set a dangerous precedent. “The Supreme Court — if it were to block this rule — would effectively be saying to industry, ‘Look, any time you face costs from a regulation, come on up and take a shot. We might block that rule for you,’” Sam Sankar, senior vice president for programs at Earthjustice, told E&E News.

2. Rivian to cut 10% of salaried workers

Rivian released its Q4 earnings yesterday, and the results were a mixed bag. The company saw $4.4 billion in annual revenue, up 167% from 2022, but it still lost more money per vehicle ($43,000) in Q4 than in the two quarters prior. It also forecast no growth in vehicle production for 2024, and said it will cut 10% of its staff as EV sales growth slows. “We firmly believe in the full electrification of the automotive industry, but recognize in the short-term, the challenging macro-economic conditions,” CEO RJ Scaringe said. The company is expected to unveil its smaller, more affordable R2 electric SUV in two weeks. Scaringe has called the vehicle “Rivian’s version of the Tesla Model 3.”

3. America will soon get its first Stellantis EV

In more EV news, Stellantis announced that its first U.S.-bound electric vehicles have rolled off the assembly lines in Italy this week and will arrive stateside by the end of the first quarter. The first dealer allocations of the Fiat 500e models sold out in less than a week. The car is lightweight, has a range of about 150 miles, and is one of the cheapest EVs in the U.S., starting at $32,500. Globally it has sold more than 185,000 units, but Stellantis seems to know Americans like big cars, and reportedly plans to launch electric pickups, SUVs, and muscle cars.

Fiat 500eStellantis

4. China’s climate targets in jeopardy as CO2 emissions rise

China’s carbon emissions increased by 12% between 2020 and 2023, putting its 2025 climate goals in jeopardy, according to analysis from Carbon Brief. One reason for the emissions uptick is that drought has reduced output from hydropower, forcing China to rely more on coal. “China has approved 218 GW of new coal power in just two years, enough to supply electricity to the whole of Brazil,” reported Reuters. But at the same time, huge amounts of renewable energy are coming online. This presents a strange contradiction: Coal plants will see less use, which could spark outcry from all the new coal plant operators, and “potential pushback against the energy transition,” said Lauri Myllyvirta, lead analyst for the Centre for Research on Energy and Clean Air. China is the world’s biggest CO2 emitter.

5. ‘World’s most sustainable company’ sued for pollution

Radius Recycling, the metal recycling giant that research firm Corporate Knights last year dubbed the “world’s most sustainable company,” is being sued by an environmental group for allegedly polluting the San Francisco Bay with heavy metals and other pollutants, Reuters reported. Radius makes “some of the lowest-carbon emissions steel made in the world,” but has recently pivoted to focus more on recycling metals. The lawsuit, brought by San Francisco Baykeeper, accuses the company of failing to limit pollution from its operations. Last year Radius settled in three similar lawsuits.

THE KICKER

Sales of plug-in hybrids increased by 83% in China last year, compared with 21% growth for fully-electric battery powered vehicles.

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Spotlight

Is North Dakota Turning on Wind?

The state formerly led by Interior Secretary Doug Burgum does not have a history of rejecting wind farms – which makes some recent difficulties especially noteworthy.

Doug Burgum.
Heatmap Illustration/Getty Images, Library of Congress

A wind farm in North Dakota – the former home of Interior Secretary Doug Burgum – is becoming a bellwether for the future of the sector in one of the most popular states for wind development.

At issue is Allete’s Longspur project, which would see 45 turbines span hundreds of acres in Morton County, west of Bismarck, the rural state’s most populous city.

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Hotspots

Two Fights Go Solar’s Way, But More Battery and Wind Woes

And more of the week’s top news about renewable energy conflicts.

The United States.
Heatmap Illustration/Getty Images

1. Staten Island, New York – New York’s largest battery project, Swiftsure, is dead after fervent opposition from locals in what would’ve been its host community, Staten Island.

  • Earlier this week I broke the news that Swiftsure’s application for permission to build was withdrawn quietly earlier this year amid opposition from GOP mayoral candidate Curtis Sliwa and other local politicians.
  • Swiftsure was permitted by the state last year and given a deadline of this spring to submit paperwork demonstrating compliance with the permit conditions. The papers never came, and local officials including Sliwa called on New York regulators to reject any attempt by the developer to get more time. In August, the New York Department of Public Service gave the developer until October 11 to do so – but it withdrew Swiftsure’s application instead.
  • Since I broke the story, storage developer Fullmark – formerly Hecate Grid – has gone out of its way to distance itself from the now-defunct project.
  • At the time of publication, Swiftsure’s website stated that the project was being developed by Hecate Grid, a spin-off of Hecate Energy that renamed itself to Fullmark earlier this year.
  • In a statement sent to me after the story’s publication, a media representative for Fullmark claimed that the company actually withdrew from the project in late 2022, and that it was instead being managed by Hecate Energy. This information about Fullmark stepping away from the project was not previously public.
  • After I pointed Fullmark’s representatives to the Swiftsure website, the link went dead and the webpage now simply says “access denied.” Fullmark’s representatives did not answer my questions about why, up until the day my story broke, the project’s website said Hecate Grid was developing the project.

2. Barren County, Kentucky – Do you remember Wood Duck, the solar farm being fought by the National Park Service? Geenex, the solar developer, claims the Park Service has actually given it the all-clear.

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Q&A

Should the Government Just Own Offshore Wind Farms?

A chat with with Johanna Bozuwa of the Climate and Community Institute.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Johanna Bozuwa, executive director of the Climate and Community Institute, a progressive think tank that handles energy issues. This week, the Institute released a report calling for a “public option” to solve the offshore wind industry’s woes – literally. As in, the group believes an ombudsman agency akin to the Tennessee Valley Authority that takes equity stakes or at least partial ownership of offshore wind projects would mitigate investment risk, should a future Democratic president open the oceans back up for wind farms.

While I certainly found the idea novel and interesting, I had some questions about how a public office standing up wind farms would function, and how to get federal support for such an effort post-Trump. So I phoned up Johanna, who cowrote the document, to talk about it.

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