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As blue states double down on renewables, a backlash is growing in red states.
The Inflation Reduction Act was the star of the show in statehouses across the United States this year. As state leaders wrapped up their legislative sessions, many not only tightened their own climate plans, but delivered an encore to the IRA by passing policies to maximize their share of the new federal clean energy funding.
But the applause hasn’t been universal. In a few key Republican-led legislatures, Biden’s climate maneuvers have produced a backlash. Lawmakers pushed through bills that could make cutting emissions a lot harder, making the map of U.S. climate policy start to look as polarized as that of abortion rights or gun control laws.
“There has been a tendency to think about the energy transition as almost automatic when the cost of clean energy technologies come down,” Matto Mildenberger, a political scientist at the University of California-Santa Barbara, told me. “But politics is a really important dimension that's often missed.”
Let’s look at a few examples. Back in February, Minnesota passed a law requiring the state’s utilities to use 100% carbon-free electricity by 2040. Democrats had just taken over the legislature, and they were just warming up. In April they created a $156 million “competitiveness fund” to help agencies and cities compete for the IRA’s clean energy programs. And last week, Democratic Governor Tim Waltz signed two additional laws, one earmarking funding for heat pumps and electric vehicles, and the other creating a new sales tax to support public transit.
Democrats took a similar approach in Colorado, passing new tax credits for many of the same technologies that the IRA funds to try and attract as much federal money into its economy as possible. Coloradans are now eligible for a $7,500 EV tax credit that can be stacked on the federal credit for a juicy $15,000 incentive.
Meanwhile, New York passed the first state-level ban on natural gas in new buildings in the country. Policymakers there also directed a state-run utility to start building renewable energy projects, taking advantage of a little-known provision in the IRA that enables public entities and nonprofits to cash in on federal tax credits.
But in other states, electeds are enacting what you could call anti-climate policies. Montana’s Republican Governor Greg Gianforte recently signed a law that bars state agencies from even considering greenhouse gas emissions when conducting environmental reviews for major projects. The legislature there also passed measures preempting local governments from requiring new buildings to be solar panel or EV-ready, and from placing any restrictions on the use of natural gas. At least 20 other states have enacted similar natural gas ban preemptions in recent years. A new anti-climate copycat bill also spread to a few states this year — Ohio and Tennessee each passed laws classifying natural gas as a source of clean energy.
In Texas, the Republican-controlled legislature is contemplating bills to publicly fund a fleet of new natural gas plants, while placing new, onerous regulations on wind and solar projects. Texas currently produces more wind and solar power than any other state, thanks to lax permitting requirements and an abundance of wind, sun, and undeveloped land. Now, lawmakers want developers of new wind and solar farms — as well as owners of existing projects — to do additional environmental reviews, get new approvals, and pay higher fees. Wind farms would have to be built at least 3,000 feet from neighboring property lines. The rules would not apply to fossil fuel plants.
Though the bill never made it out of committee, a group of Republican lawmakers in Wyoming even sought to “phase out” electric vehicle sales to protect the state’s oil and gas industry. The bill’s lead sponsor later said he supports electric vehicles, and was just trying to send a message to California, which made plans to eventually ban gas-powered vehicles last August.
And while Georgia is often held up as a leader in building a new clean economy, having attracted more clean energy investments since the IRA passed than any other state, Republican lawmakers there recently enacted a tax on public electric vehicle charging.
None of this is particularly surprising or new. To some extent, climate and clean energy policy has long followed party lines. As political scientist Leah Stokes documents in her book Short Circuiting Policy, states like Texas and Ohio have a history of enacting anti-climate policies that slowed the growth of renewables. Those were in large part driven by special interest groups backed by utilities and the fossil fuel industry.
Mildenberger said these efforts are ramping up now because the IRA has made the threat to these industries much more significant. “Increasingly, as some of these technologies are no longer cost competitive in a pure market competition framework, they need to use policy as a rearguard action to try and maintain their market share.”
There is evidence that at least some of these policies, like defining natural gas as clean energy and preempting any bans on the fuel, trace back to special interest groups like the American Legislative Exchange Council and the American Gas Association. What’s new is a push to turn these issues into culture wars by painting natural gas use as a matter of freedom or identity. Republican lawmakers have described a rash of anti-ESG bills, which also have roots with industry groups, as a crackdown on “woke” investing.
But Hanna Breetz, a political scientist at Arizona State University told me it would be a mistake to attribute the trend purely to industry influence or the usual reactionary politics. That view overlooks two other very real factors that she sees contributing to an increasingly polarized environment. One is that people in rural states are legitimately concerned about what a decarbonized future means for them in terms of land use and extraction. They are going to bear the brunt of landscape impacts from vast new solar and wind farms and lithium mines.
The second is genuine risks to reliability from a grid powered by increasing amounts of renewables and batteries that’s also serving an increasing number of electric appliances. “There are some very serious concerns that have yet to be dealt with, particularly in the face of climate change and weather-related issues,” said Breetz. She pointed to a recent report warning of blackouts in some parts of the country this summer, which highlighted diminished capacity from natural gas and coal plants as one potential cause. “I think there's a lot less ideological opposition within utilities than many people assume, and that they are scared to death about a lot of these reliability concerns.”
It’s hard to untangle the role of each of these components — industry influence, party politics, land use concerns, and technical challenges — when they all feed into one another. The effect could intensify as more and more people experience a bad blackout or are faced with a solar farm being built in a place they hold dear.
But also, it might not. If all goes according to Biden’s plan, the IRA will be a countervailing force that brings new jobs and economic growth to areas where political support for clean energy is in short supply. The majority of clean energy project announcements since the IRA was passed are in states like Georgia, Arizona, and South Carolina. Think of the new battery belt emerging in the South, or how many renewable energy projects are popping in Republican-held congressional districts.
“In three or five years that might make some of the extreme rhetoric and policy positions that we're seeing right now on the Republican side of the aisle a little bit more challenging to hold,” said Mildenberger. “My view is that even in some of the more fossil fuel intensive parts of the United States, the question of the energy transition is not if, but when. And to help manage the global climate crisis, that ‘when’ needs to be really soon.”
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A little-noticed provision would make the payment option used by tax-exempt groups all but impossible to claim.
A little-noticed provision in the Senate tax bill will sabotage the efforts of tribes, rural electric cooperatives, and public power authorities to develop local affordable energy projects by striking a section of the Inflation Reduction Act that enabled tax-exempt groups to claim the clean energy tax credits as direct cash payments from the Treasury.
The IRA included strict domestic sourcing requirements beginning in 2026 for groups utilizing this “direct pay” option. But the law also created exceptions for cases where domestic components were not available in sufficient quantity or quality, or would increase costs by more than 25%. The Senate bill would get rid of these exceptions.
“It just makes it unlikely for those projects to go forward — or more likely for those projects to go forward with a private developer, instead of with a public utility or a tribe or a rural co-op,” Grace Henley, a tax attorney with the Natural Resources Defense Council, told me. “And so they don’t really do anything to increase the amount of domestic material that would be used, they just hurt the projects that are seeking to invest in clean energy infrastructure for these communities to lower costs.”
Public power and tribal energy advocates warn that without the exceptions, energy development will become impossible for their constituents.
Wind and solar projects being developed by these groups are already threatened by the bill’s rapid phase-out of wind and solar tax credits and its complex rules related to using materials from China. Chèri Smith, the executive director of the Alliance for Tribal Energy, told me that Tribes face longer development timelines than the average private developer. “We have multiple stages of approval that are unique to tribal energy development,” she told me, including lengthy internal consultation processes. The changes to direct pay will put these projects further out of reach, she said.
The Alliance provides free energy development consulting services to more than 100 Tribes. Smith sent me a list of projects in Alaska Native villages, Arizona, California, and Oregon that could be killed by the tax credit changes. “Alaska Native villages face some of the highest energy costs in the country,” she said, largely due to their reliance on diesel generators. Just over a third of the Hopi Tribe in Arizona lacks access to electricity, but now multiple microgrid projects meant to close the gap are at risk. Many of the projects on the list are also doubly threatened by grant cancellations and the repeal of the Tribal Energy Loan Guarantee Program.
“The bill is particularly harmful to Tribal Nations, pulling the rug out from under projects that would strengthen their energy sovereignty and power local communities,” Democratic Senators Martin Heinrich, Ron Wyden, and Brian Schatz wrote in a joint statement on Thursday. “Together, the Tribal Energy Loan Guarantee Program and our Inflation Reduction Act’s clean energy tax credits have cleared pathways and removed significant barriers for Tribes to finance and build their own resilient energy infrastructure.”
The American Public Power Association is also sounding the alarm. John Godfrey, the group’s senior government relations director, told me that in addition to wind and solar, municipal utilities and rural electric co-ops are also considering nuclear and hydropower projects. For example, Energy Northwest, a consortium of 29 public utilities in Washington State, has plans to retrofit the Columbia Generating Station nuclear plant to increase its power output. It’s also in early stages to deploy four small, modular nuclear reactors. As my colleague Matthew Zeitlin wrote a few days ago, the governor of New York has also tasked the New York Power Authority with developing a new nuclear plant in the state.
Nuclear and hydropower “are technologies where often there is not a U.S. source, but there is a good trading partner source — Canada, Germany, Japan,” Godfrey said. By tightening the domestic sourcing requirements for direct pay, the bill would “hinder the very technologies that there’s generally a bipartisan consensus we need to be developing.”
Public utilities and electric co-ops, which serve close to 30% of electric customers in the U.S., are also unfairly singled out by the provision, he said. “If my public power utility wants to develop a project and they need a Canadian turbine, they can’t get any credit. But if a taxable corporation down the street develops exactly the same project, they can.”
“If the purpose is to encourage hydropower, that’s not a good use of resources,” he said.
Senate Republicans tucked a carveout into their reconciliation bill that would allow at least one lucky renewable energy project to qualify for a major Inflation Reduction Act tax credit even after the law is all but repealed.
The only problem is, it’s near impossible to be sure right now who may actually benefit from this giveaway — and the mystery is driving me up the wall. I feel like Charlie Day in that episode of It’s Always Sunny in Philadelphia, stringing documents together and ranting like a lunatic.
The Senate bill would phase out the tech-neutral production tax credit starting next year and completely eliminate it by the start of 2028. For the past week and a half, I have been trying to solve the riddle of an exemption tucked into the language that would allow a wind or solar facility that is “part of a single project” to continue to take advantage of the tech-neutral production tax credit as it exists today, which means it would not begin to phase out until 2034.
To qualify for the exemption a project must, according to the Senate text, meet two conditions: It must produce more than 1 gigawatt of electricity, and be sited on federal lands where a “right-of-way grant or lease” had been given by the Bureau of Land Managementbefore June 16, which is the date the text was released.
Only a handful of projects in the U.S. could possibly fit that criteria. But every time I think I’ve identified one that will actually qualify, I learn a new fact that, to me, takes it out of the running.
Here’s why my head hurts so much: A renewables facility that would benefit from this language needs to be sited at least partially on federal lands. But because Trump isn’t issuing new right-of-way approvals or leases to most renewables projects right now, it likely had to get its right-of-way or its lease before he entered office. (The June 16 language feels like a bit of a red herring. Nothing that fits the other definitions has received these documents since the start of Trump 2.0.)
Then there’s another factor: The only projects that would benefit from this language are ones that haven't started construction yet. Even if a project doesn’t have all of its permits for federal land use, its developer can build stuff like roads on any connected private lands and technically meet the deadline to start construction laid out in the new legislation. The construction start date is what counts — it doesn’t matter whether a project is placed in service and provides power to the grid years later, as long as it began construction before that deadline.
Taken together, all this means that a project that would benefit from this language probably has to be sited on federal lands and hold permits already … but for some reason can’t start construction to qualify for the program.
When I first started hunting for an answer, many people — including renewables advocates, anti-wind activists, and even some Senate staff in conversations with me — speculated that the language was a giveaway to two wind projects under construction in Wyoming, Chokecherry and Sierra Madre, which together make up what would likely be the largest wind farm in the U.S. if completed. These two projects are largely sited on federal lands and received all their approvals before Trump entered office.
I understand why people are pointing at Chokecherry and Sierra Madre. They are not expected to be online before 2029, and the House version of the bill would have locked them out of the production tax credit because it added a requirement that projects be “placed in service” — i.e. actively providing power to the grid — by around that same period. Any slippage in construction might have really hurt their finances. They’re also backed by a powerful billionaire, GOP donor and live entertainment power-broker Phil Anschutz, a man who made his initial fortune partially from fossil fuels.
Except … my colleagues and I are still not convinced. That’s because it is not clear that these two projects are at any actual risk of losing the production tax credit. They have been actively under construction for a long time, and the Senate bill killed the House’s “placed in service” requirement.
Another project floated is the Lava Ridge wind farm in Idaho, which was fully permitted under Biden, is largely sited on federal lands, and would produce more power than necessary to qualify for the exception. Hypothetically, this project would be a great candidate for being a beneficiary of the bill because Trump banned work on the project via executive order amid opposition from Idaho politicians, making a carveout to get more time a worthwhile endeavor.
Except … Senate Finance Chair Mike Crapo, the lead author of the pertinent section of the Senate reconciliation bill, was one of those Idaho politicians who pushed Trump to kill Lava Ridge. Why would he give a tax break to a project he wanted dead?
Then there was my personal best guess for the beneficiary: Esmeralda 7, an expansive set of proposed solar farms in the Nevada desert that, as proposed, would produce more than 5 gigawatts of power and is largely sited on federal land. Construction can’t begin until Esmeralda 7 gets its federal approvals, and the Trump administration was expected to complete that work by mid-summer.
Except … I reported last week that the permitting process for Esmeralda 7 is now indefinitely stalled. The project is at best still months away from getting its right-of-way approvals from the Trump administration, which recently pushed back timelines for finishing reviews of other large Nevada solar projects, too.
Ultimately, it will be difficult to glean who the lobbyist giveaway here is for unless the legislators who wrote it disclose their intentions. I reached out to the communications director for Republicans on the Senate Finance Committee to try and find out, but so far I’ve gotten crickets.
It may be that this language is revised and that future changes lay out the true beneficiary. Sometimes lawmakers will put the wrong date or word into a bill and they’ll edit it on the floor before a vote, chalking it up to a drafting error.
If senators decide to add back the “placed in service” requirement to capitulate to the House, this would easily be the Chokecherry-Sierra Madre giveaway. If Republicans were to shift forward the deadline for getting a right-of-way, Esmeralda 7 would qualify. Or maybe they could change some secret third thing and a different project I hadn’t considered will be revealed as the mastermind in the shadows.
Until then, I’ll be in my basement poring over more maps and going slowly insane.
Additional reporting was provided by Emily Pontecorvo.
On resuming rare earth shipments, hurricane tracking, and EV tax credits
Current conditions: The Ohio Valley is still sweltering through the last remnants of this week’s brutal heat wave • The death toll from recent floods in South Africa has risen to 101 • It’s 90 degrees in Venice, Italy, where the world’s rich and famous are gathering for the wedding of Jeff Bezos and Lauren Sanchez.
The U.S. and China have hammered out the details of a trade deal, including an agreement that China will resume rare earth shipments to the U.S. Rare earth materials are essential for everything from planes to EVs to wind turbines. China controls most of the world’s rare earth production and halted exports in April in response to President Trump’s tariff hike, and China’s chokehold on rare earths threatened to derail trade talks between the two countries altogether. Commerce Secretary Howard Lutnick said a deal has now been “signed and sealed.” “They’re going to deliver rare earths to us,” Lutnick said, adding that the U.S. will then “take down our countermeasures.” Lutnick also indicated that Trump plans to announce further trade deals with other nations in the coming two weeks.
As climate talks in Bonn, Germany, wind down, negotiators there have agreed to increase the budget for the United Nations Framework Convention on Climate Change by 10% over the next two years to 81.5 million euros ($95.4 million). The UNFCCC runs some of the world’s largest climate negotiations and tries to ensure countries follow through on their climate commitments. Its budget is funded by government contributions. China will account for 20% of the new budget, Reuters reported. The U.S. is supposed to cover 22%, but President Trump has pulled international climate funding. Former New York Mayor Michael Bloomberg’s philanthropic arm has stepped in to cover the missing U.S. contributions. UN climate chief Simon Stiell said the budget increase was “a clear signal that governments continue to see UN-convened climate cooperation as essential, even in difficult times.”
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Hurricane forecasting is about to get a little bit more difficult. At the end of June, the federal government is going to stop distributing readings from the Defense Meteorological Satellite Program, a tool forecasters all over the world have been using to track and predict hurricane development. As retired federal meteorologist Alan Gerard told Bloomberg, this particular satellite program is unique because it lets forecasters peer inside storms and monitor for rapid intensification. As the planet warms, hurricanes are strengthening much faster than they did in recent decades. Hurricane expert Michael Lowry says the Department of Defense seems to be concerned that the satellite data poses a security concern. Its termination “will severely impede and degrade hurricane forecasts for this season and beyond, affecting tens of millions of Americans who live along its hurricane-prone shorelines,” Lowry wrote.
A group of U.S. car dealers penned a letter urging senators to “reject provisions in the budget reconciliation process that would abruptly eliminate EV-related tax credits from the Inflation Reduction Act,” warning that sudden changes would bring about market uncertainty, damage businesses, and hurt Americans. The signatories – including EV Auto, Carmax, and Caravan – instead call for a “gradual sunset” of the EV tax credits to avoid disruption to the used car market. “A multi-year transitional period would also provide the opportunity for Americans to continue adopting cleaner vehicles more affordably,” they add. The tax and budget bill put forward by Senate Republicans would end the $7,500 EV tax credit within 180 days after the law’s passage.
A report out today from the International Council on Clean Transportation estimates that the world’s private jets produced more greenhouse gas emissions in 2023 than all the flights that took off from Heathrow Airport — the world’s fourth busiest airport — that same year. Emissions from private jets increased 25% over the past decade. A few more interesting (though perhaps not surprising) tidbits from the report:
International Council on Clean Transportation
Solar power accounted for more than 10% of U.S. electrical output in April, while wind provided about 14%. As Michelle Lewis at Electreknotes, “solar is now producing more electricity than hydropower, biomass, and geothermal combined.”