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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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Current conditions: Thousands are without power and drinking water in the French Indian Ocean territory of Réunion after Tropical Cyclone Garance made landfall with the strength of a Category 2 hurricane • A severe weather outbreak could bring tornadoes to southern states early next week • It’s 44 degrees Fahrenheit and sunny in Washington, D.C., where Ukrainian President Volodymyr Zelenskyy will meet with President Trump today to sign a minerals deal.
The 16th United Nations Biodiversity Conference, known as COP16, ended this week with countries agreeing on a crucial roadmap for directing $200 billion a year by 2030 toward protecting nature and halting global biodiversity loss. Developed nations are urged to double down on their goal to mobilize $20 billion annually for conservation in developing countries this year, rising to $30 billion by 2030. The plan also calls for further study on the relationships between nature conservation and debt sustainability. “The compromise proved countries could still bridge their differences and work together for the sake of preserving the planet, despite a fracturing world order and the dramatic retreat of the United States from international green diplomacy and foreign aid under President Donald Trump,” wrote Louise Guillot at Politico. The decision was met with applause and tears from delegates. One EU delegate said they were relieved “about the positive signal that this sends to other ongoing negotiations on climate change and plastics that we have.”
The Trump administration yesterday fired hundreds of workers across the National Oceanic and Atmospheric Administration and the National Weather Service, key agencies responsible for monitoring the changing climate and communicating extreme weather threats. The National Hurricane Center and the Tsunami Warning Center both operate under NOAA, and the layoffs come ahead of the upcoming hurricane season. “People nationwide depend on NOAA for free, accurate forecasts, severe weather alerts, and emergency information,” said Democratic Rep. Jared Huffman, the ranking member of the House Natural Resources Committee. “Purging the government of scientists, experts, and career civil servants and slashing fundamental programs will cost lives.” A federal judge yesterday temporarily blocked the administration’s mass firings of federal workers, so the status of those affected in this latest round is unclear. Somewhat relatedly, Heatmap’s Jael Holzman reports that the Nature Conservancy, an environmental nonprofit, was told by NOAA it had to rename a major conservation program as the “Gulf of America” or else lose federal funding.
The FBI reportedly has been questioning Environmental Protection Agency employees about $20 billion in climate and clean energy grants approved under the Biden administration, which EPA Administrator Lee Zeldin has insisted were issued hastily and without oversight. According toThe Washington Post, the Justice Department has asked several U.S. attorneys to submit warrant requests or launch grand jury investigations, but those efforts have been rejected due to lack of evidence or “reasonable belief that a crime occurred.” “It’s certainly unusual for any case to involve two different U.S. attorney offices declining a case for lack of probable cause and to have the Department of Justice continue to shop it,” Stefan D. Cassella, a former federal prosecutor, told the Post. Several nonprofits said their Citibank accounts holding the funding have been frozen without explanation.
Some Democratic states are apparently freezing out Tesla in response to Elon Musk’s political maneuvers within the Trump administration. Tesla operates on a direct-to-consumer sales model, so it doesn’t have to go through dealerships. More than 25 states ban or restrict direct EV sales in some way. The company has been lobbying to get permission to sell directly in these states, but some Democratic lawmakers are “disgusted” by Musk’s moves in Washington and are rebuffing lobbyists or dropping their support for proposed legislation allowing direct sales.
Apple is in trouble for claiming some of its Apple Watches are “carbon neutral.” A group of customers are suing the company after learning its claims relied on carbon offsetting projects in protected national parks or heavily forested areas, instead of “genuine” carbon reductions. “The carbon reductions would have occurred regardless of Apple’s involvement or the projects’ existence,” the plaintiffs said in their complaint. “Because Apple’s carbon neutrality claims are predicated on the efficacy and legitimacy of these projects, Apple’s carbon neutrality claims are false and misleading.” The lawsuit seeks damages, as well as an injunction that prevents Apple from using the carbon neutral claim to market its watches. Apple has a goal of net-zero carbon emissions by 2030.
Researchers in Amsterdam have examined the nests of birds known as common coots and discovered plastic items dating back to the 1990s, including a McDonald’s McChicken wrapper from 1996, and a Mars wrapper promoting the 1994 USA FIFA World Cup. “History is not only written by humans,” said Auke-Florian Hiemstra, who led the research. “Nature, too, is keeping score.”
Auke-Florian Hiemstra
Did a battery plant disaster in California spark a PR crisis on the East Coast?
Battery fire fears are fomenting a storage backlash in New York City – and it risks turning into fresh PR hell for the industry.
Aggrieved neighbors, anti-BESS activists, and Republican politicians are galvanizing more opposition to battery storage in pockets of the five boroughs where development is actually happening, capturing rapt attention from other residents as well as members of the media. In Staten Island, a petition against a NineDot Energy battery project has received more than 1,300 signatures in a little over two months. Two weeks ago, advocates – backed by representatives of local politicians including Rep. Nicole Mallitokis – swarmed a public meeting on the project, getting a local community board to vote unanimously against the project.
According to Heatmap Pro’s proprietary modeling of local opinion around battery storage, there are likely twice as many strong opponents than strong supporters in the area:
Heatmap Pro
Yesterday, leaders in the Queens community of Hempstead enacted a year-long ban on BESS for at least a year after GOP Rep. Anthony D’Esposito, other local politicians, and a slew of aggrieved residents testified in favor of a moratorium. The day before, officials in the Long Island town of Southampton said at a public meeting they were ready to extend their battery storage ban until they enshrined a more restrictive development code – even as many energy companies testified against doing so, including NineDot and solar plus storage developer Key Capture Energy. Yonkers also recently extended its own battery moratorium.
This flurry of activity follows the Moss Landing battery plant fire in California, a rather exceptional event caused by tech that was extremely old and a battery chemistry that is no longer popular in the sector. But opponents of battery storage don’t care – they’re telling their friends to stop the community from becoming the next Moss Landing. The longer this goes on without a fulsome, strident response from the industry, the more communities may rally against them. Making matters even worse, as I explained in The Fight earlier this year, we’re seeing battery fire concerns impact solar projects too.
“This is a huge problem for solar. If [fires] start regularly happening, communities are going to say hey, you can’t put that there,” Derek Chase, CEO of battery fire smoke detection tech company OnSight Technologies, told me at Intersolar this week. “It’s going to be really detrimental.”
I’ve long worried New York City in particular may be a powder keg for the battery storage sector given its omnipresence as a popular media environment. If it happens in New York, the rest of the world learns about it.
I feel like the power of the New York media environment is not lost on Staten Island borough president Vito Fossella, a de facto leader of the anti-BESS movement in the boroughs. Last fall I interviewed Fossella, whose rhetorical strategy often leans on painting Staten Island as an overburdened community. (At least 13 battery storage projects have been in the works in Staten Island according to recent reporting. Fossella claims that is far more than any amount proposed elsewhere in the city.) He often points to battery blazes that happen elsewhere in the country, as well as fears about lithium-ion scooters that have caught fire. His goal is to enact very large setback distance requirements for battery storage, at a minimum.
“You can still put them throughout the city but you can’t put them next to people’s homes – what happens if one of these goes on fire next to a gas station,” he told me at the time, chalking the wider city government’s reluctance to capitulate on batteries to a “political problem.”
Well, I’m going to hold my breath for the real political problem in waiting – the inevitable backlash that happens when Mallitokis, D’Esposito, and others take this fight to Congress and the national stage. I bet that’s probably why American Clean Power just sent me a notice for a press briefing on battery safety next week …
And more of the week’s top conflicts around renewable energy.
1. Queen Anne’s County, Maryland – They really don’t want you to sign a solar lease out in the rural parts of this otherwise very pro-renewables state.
2. Logan County, Ohio – Staff for the Ohio Power Siting Board have recommended it reject Open Road Renewables’ Grange Solar agrivoltaics project.
3. Bandera County, Texas – On a slightly brighter note for solar, it appears that Pine Gate Renewables’ Rio Lago solar project might just be safe from county restrictions.
Here’s what else we’re watching…
In Illinois, Armoracia Solar is struggling to get necessary permits from Madison County.
In Kentucky, the mayor of Lexington is getting into a public spat with East Kentucky Power Cooperative over solar.
In Michigan, Livingston County is now backing the legal challenge to Michigan’s state permitting primacy law.