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Let’s talk more about Denali ... that is, Mt. McKinley.
President Donald Trump signed 46 presidential actions during his first 12 hours in office, including overturning 78 of former President Joe Biden’s executive orders. Between Trump’s moves with major ramifications (like ending all wind permits) and those that seem to represent more personal grievances (like free-flowing showerheads), there has been much confusion over what they all mean.
Some would argue that is the entire point: “The more bizarreness Trump generates,” the journalist Edward Luce wrote last year for The Financial Times, “the less people notice.” Steve Bannon, Trump’s chief strategist during his rise to power in 2015 and 2016, memorably described this as a deliberate technique of “flood[ing] the zone with shit.”
Whatever way you frame it, though, where there’s Trump, there’s noises, which means news can fall through the cracks. Here’s our list of what you might have missed during Trump’s first hours as president and what might happen next.
In one of his first actions in office, Trump repealed almost seven-dozen Biden-era executive orders, including Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”
Signed on Biden’s Inauguration Day, the policy called for the government to take a “comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.” That meant that the Environmental Protection Agency considered things like race and socioeconomic status — given the historic burdens put on frontline communities — during its permitting processes. Trump also signed a new executive order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which limits government agencies from considering the impacts on disadvantaged communities. The administration has reportedly gone as far as to warn government employees that they could face consequences for failing to report on colleagues whose diversity and inclusion efforts might slip past its notice.
As Dan Farber writes for Legal Planet, however, to carry out this anti-diversity, equity, and inclusion executive order, “agencies will have to eliminate their own environmental justice regulations. At that point, the door will be open to judicial review. I think agencies will have a hard time justifying the repeals.”
Trump further overturned Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad,” another first-week Biden policy. In addition to declaring climate change a national security risk, the order also created the Justice40 initiative, directing 40% of federal climate spending to disadvantaged communities.
Jillian Blanchard, the Climate Change and Environmental Justice Program director at Lawyers for Good Government, told me this was also legally dubious. “There’s already existing infrastructure and policies in place that can’t be undone by an executive order,” she said — for example, grants for ongoing efforts to install EV chargers in disadvantaged communities, or clean-up projects in coal mining communities in Appalachia. “I think it’s important to take a minute and say, okay, what does this mean in practice?”
Blanchard added that, in particular, Trump’s moves on environmental justice “make me question what this administration plans to do with Title VI of the Civil Rights Act,” which prohibits race-based discrimination in programs that receive federal funding. “There’s really important questions here that are being raised that everyone should be paying attention to.”
Trump also repealed Executive Order 14030, “Climate-Related Financial Risk,” signed by Biden in May 2021. The executive order called for government-wide assessment and disclosure of climate-related financial risks to U.S. programs, and ordered the Secretary of Labor to submit a report on actions to protect U.S. workers’ savings and pensions from those same threats. Executive Order 14030 also established the Federal Flood Risk Management Standard, which called for government agencies to be more conservative when siting projects that could face sea-level rise or flood threats.
In addition to government agencies no longer being required to consider how extreme weather and climate risks might threaten their operations, Trump’s executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” also takes aim at diversity, equity, and inclusion hiring practices, or the “social” aspect of ESG.
Though you’ve probably already heard about Trump’s attempt to spangle the Gulf of Mexico with a new name, the “ Restoring Names That Honor American Greatness” executive order also calls for reverting the name of North America’s highest peak, Denali, back to Mt. McKinley.
The political effort to change the mountain’s name to Denali, backed by the state’s Republican politicians, dates back to the 1970s. (It took until 2015 for the name to be changed to the Alaskan Athabaskan word meaning “the high one” because of the Ohio delegation’s insistence on honoring its native president.) Trump’s decision to restore the mountain’s colonial name is a pointed brush-off of Alaskan Natives and represents a troubling precedent by his administration of undermining promises made to Indigenous partners by the federal government.
Tribal partners have historically assisted the U.S. government on issues of land use, resource management, and climate resiliency, and can prove formidable opponents to projects that lack their support. By disregarding Alaskan Natives’ support of the name Denali, Trump risks alienating the greater Indigenous community and starting off on a contentious footing with one of the government’s most valuable allies.
When the Los Angeles County fires began earlier this month, Trump launched a renewed crusade against the “essentially worthless” Delta smelt, a nearly extinct two-inch-long fish. Per the then-president-elect, California’s Democratic Governor Gavin Newsom had supposedly refused to sign a “water restoration declaration” that would have “allowed millions of gallons of water … from the North to flow daily into many parts of California,” where it allegedly could have helped to fight the devastating fires.
Only, there was no “water restoration declaration.” The vast majority of Los Angeles’ water doesn’t come from northern California, and the smelt have nothing to do with the water shortages some fire crews faced. That didn’t prevent Trump from issuing a memorandum to “stop radical environmentalism” and put “people over fish.” Still, it is so vague that it appears to be more of a nod to the Trump-supporting farmers in California’s Central Valley, who occasionally face water restrictions during droughts to protect the smelt.
“It’s all political posturing — it’s all an attempt to shock and awe,” Blanchard told me of the executive orders taken in sum. She added that “it’s going to be really important for people to take a deep breath and recognize that many of these things are not legal and challenges will be put in place.”
“Don’t become too distracted by fear and uncertainty,” she went on, “because that is one of their main goals.”
With plenty more to come.
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On the reconciliation bill, power plant regulations, and Climate.gov
Current conditions: Eight to 12 inches of rain could fall in Texas and the southern Plains • Air quality alerts are in place today for the New York metro region due to wildfire smoke from Canada • Parts of Europe will see temperatures up to 50 degrees Fahrenheit above normal on Thursday and Friday, with highs approaching 100 degrees in Florence, Italy.
The Senate Energy and Natural Resources Committee released its take on the Republican reconciliation bill on Wednesday afternoon, with boasts of “repealing billions in unspent Green New Deal handouts.” Its proposals include:
The draft also includes the details of Republican Senator Mike Lee’s latest proposal to sell off millions of acres of public lands to finance President Trump’s tax cuts. Specifically, the proposal would require the Department of the Interior and the Forest Service to make the “prudent sale” of 0.5% to 0.75% of their lands in 11 western states for “housing, increased timber sales, geothermal leasing, and compensation of states and localities for the cost of wind and solar projects on federal land.” The states named for the selloffs include Alaska, Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, with Montana — home of Republican Representative Ryan Zinke, who opposed a similar proposal in the House — notably absent from the list.
You can read a section-by-section breakdown of the rest of the ENR’s proposals here.
On Wednesday, the Environmental Protection Agency moved to retract Biden-era regulations on fossil fuel-fired power plant emissions on the grounds that the plants don’t cause or contribute “significantly” to air pollution. EPA’s proposed rule specifically suggests that power plant pollution makes up merely a “small and decreasing part of global emissions,” and therefore does not require regulation under the Clean Air Act.
But as my colleague Emily Pontecorvo reports, electricity usage produces 25% of U.S. greenhouse gas emissions each year, and accounted for 5% of the total climate pollution worldwide over the past 30 years — making U.S. power plants the world’s sixth biggest CO2 emitter if they were their own country. The administration’s claim that power plants make up only a small portion of global emissions and thus aren’t worth addressing is akin to “a five-alarm fire that could be put out if you send out all the trucks, and you don’t send any of the trucks because no one truck could put the fire out by itself,” David Doniger, a senior attorney and strategist at the Natural Resources Defense Council, told Emily. “We just think that is a wacky reversal and a wacky interpretation of the Clean Air Act.”
Late last month, the Trump administration fired the entire staff of Climate.gov, the main website of the National Oceanic and Atmospheric Administration’s Climate Program Office, The Guardian reports. The website had a staff of “about 10,” but it also received editorial content from NOAA scientists in other departments. Climate.gov described its mission as “climate communication, education, and engagement,” but it also took pains to be “politically neutral, and faithful to the current state of the sciences,” The Guardian writes. “It’s targeted, I think it’s clear,” said Tom Di Liberto, a former NOAA spokesperson who was fired earlier this year. “They only fired a handful of people, and it just so happened to be the entire content team for Climate.gov. I mean, that’s a clear signal.”
The World Bank announced Wednesday that it will end its longtime ban on financing nuclear energy projects. “We will support efforts to extend the life of existing reactors in countries that already have them, and help support grid upgrades and related infrastructure,” World Bank President Ajay Banga wrote in an email to staff, per the Financial Times. Though the development bank’s ban has only been formally in place since 2013, it hasn’t funded a nuclear project since 1959. “In the decades since, a few of the bank’s major funders, particularly Germany, have opposed its involvement in nuclear energy,” The New York Times notes, although both Germany and the Trump administration have recently pivoted toward more pro-nuclear positions. In his memo, Banga added that the bank’s ban on funding oil and gas projects, which has been in place since 2017, will also be reconsidered.
Amazon on Wednesday announced a deal to buy enough power from Pennsylvania nuclear plant operator Talen Energy “to sustain a midsize city for years,” Barron’s reports. The agreement will see Talen supplying Amazon with electricity “for operations that support AI and other cloud technologies at Amazon’s data center campus,” while maintaining its “ability to deliver to other sites throughout Pennsylvania,” Talen said in its own announcement, with the companies also agreeing to explore building a new small modular reactor in the state.
The news comes against the backdrop of Congress’ efforts to eliminate the Inflation Reduction Act’s clean energy tax credits, even as tech companies such as Amazon, Microsoft, and Google continue to pursue ambitious net-zero energy goals. “There’s little doubt the tech companies would prefer an abundant supply of cheap, clean energy,” my colleague Katie Brigham wrote in her recent analysis. “Exactly how much they’re willing to fight for it is the real question.” Amazon’s deal with Talen for nearly 2 gigawatts of nuclear power through 2042 follows Meta signing a nuclear agreement with Constellation Energy last week and Microsoft partnering with Constellation to reopen Three Mile Island last year.
Tesla
“Tentatively, June 22.” —Elon Musk, responding on Twitter to a question about the public launch date of the self-driving Tesla Cybercab robotaxi in Austin, although he added, “We’re being super paranoid about safety, so the date could shift.”
The Environmental Protection Agency just unveiled its argument against regulating greenhouse emissions from power plants.
In federal policymaking, the weight of the law can rest on a single word. When it comes to reducing planet-warming emissions from the power sector, that word is “significantly.” The Clean Air Act requires the Environmental Protection Agency to regulate any stationary source of emissions that “causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.”
The EPA has considered power plants a significant source of dangerous greenhouse gases since 2015. But today, Trump’s EPA said, actually, never mind.
A proposed rule published in the Federal Register on Wednesday argues that U.S. fossil fuel-fired power plants make up “a small and decreasing part of global emissions” and therefore are not significant, and do not require regulation under the law. The rule would repeal all greenhouse gas emission standards for new and existing power plants — both the standards the Biden administration finalized last year, which have been tied up in court, as well as the standards that preceded them, which were enacted by Obama in 2015.
In a separate proposal, the EPA also took steps to repeal limits on mercury and hazardous air pollutants from coal plants that were enacted last year, reverting the standard back to one set in 2012.
The argument that U.S. power plants make up a small sliver of global emissions and thus aren’t worth addressing is like having “a five-alarm fire that could be put out if you send out all the trucks, and you don’t send any of the trucks because no one truck could put the fire out by itself,” David Doniger, a senior attorney and strategist at the Natural Resources Defense Council, told me. “We just think that is a wacky reversal and a wacky interpretation of the Clean Air Act.”
When you add up every plug, power button, and light switch across the country, electricity usage produces 25% of U.S. greenhouse gas emissions each year. Over the past 30 years, American power plants have contributed about 5% of the total climate pollution spewed into the atmosphere worldwide.
In the global context, that may sound small. But in a recent report titled “The Scale of Significance," New York University’s Institute for Policy Integrity estimated that if U.S. power plants were a country, it would be the sixth biggest emitter in the world, behind China, the European Union, India, Russia, and the remainder of U.S. emissions. The report also notes that U.S. actions on emissions make other countries more likely to follow, due to technological spillovers that reduce the cost of decarbonization globally.
In addition to the significance finding, the EPA gave two other reasons for repealing the power plant rules. It argued that “cost-effective control measures are not reasonably available,” meaning there’s no economic way to reduce emissions at the source. It also said the new administration’s priority “is to promote the public health or welfare through energy dominance and independence secured by using fossil fuels to generate power.”
The first argument is an attempt to say that Biden’s standards flouted the law. In 2022, the Supreme Court ruled that the EPA could not simply tell states to reduce emissions from the power sector, which is what the Obama administration had initially tried to do. Instead, the agency would have to develop standards that could be applied on a plant-by-plant basis — so long as those rules were “cost-reasonable” and “adequately demonstrated.”
To comply with that ruling, Biden’s EPA based its standards on the potential to install carbon capture technology that can reduce flue gas emissions by 90%. The regulations would have required existing coal plants to install carbon capture by 2039, or else shut down. (To the chagrin of many energy system observers, the administration chose not to apply limits to existing gas-fired power plants.) But while fossil fuel companies and utilities had, in the past, asserted that carbon capture was viable, they deemed the standards impossible to meet.
Trump’s EPA is now agreeing. “In 2024,” Zeldin said on Wednesday, “rules were enacted seeking to suffocate our economy in order to protect the environment, to make all sorts of industries including coal and more disappear, regulate them out of existence.”
When Trump moved to overturn Obama’s power plant regulations during his first term, his EPA did not contest the significance of the sector’s emissions, and simply enacted a weaker standard. A week before he left office, the agency also finalized a rule that set the threshold for “significance” at 3% of U.S. emissions — which exempted major polluters like refineries, but still applied to power plants.
This time, Trump has a new apparent game plan: Strip the Clean Air Act of its jurisdiction over greenhouse gases altogether. Today’s action was the first step; EPA Administrator Lee Zeldin has said the agency will similarly “reconsider” emissions rules for cars and oil and gas drilling. But the cornerstone of the plan is to reverse what’s known as the “endangerment finding” — the 2009 conclusion that greenhouse gases present a threat to public health and welfare, and therefore are one of the pollutants EPA must address under the Clean Air Act.
“The Trump administration is trying to say, don’t worry about the Clean Air Act. It will never apply, so you can go back to your old ways,” said Doniger. But if the argument that power plant emissions are insignificant is a stretch, appraising greenhouse gas emissions as benign is inconceivable, he said. “The endangerment finding was based, in 2009, on a Denali-sized mountain of evidence. Since then, it’s grown to Everest-size, so there’s no way that they would be able to put together a rational record saying the science is wrong.”
These highly technical questions of whether emissions are “significant” or whether carbon capture is “adequately demonstrated” could soon be determined by a group of people who lack both the expertise to answer them and the inclination to wade through thousands of pages of atmospheric science and chemical engineering documents: judges.
Last year, the Supreme Court overturned a long-held precedent known as Chevron deference. That ruling means that the courts are no longer required to defer to an agency’s interpretation of statute — judges must make their own determinations of whether agencies are following the intent of the law.
When environmental groups begin challenging the EPA’s repeals in court, judges are “going to be bombarded with the need to make these highly technical, nuanced decisions,” Michael Wara, a lawyer and scholar focused on climate and energy policy at Stanford University, told me. He said the reason Chevron deference was established in the first place is that judges didn’t want to be making engineering decisions about power plants. “They felt extremely uncomfortable having to make these calls.”
The conservative Supreme Court overturned the precedent because of a sense that political decisions were being dressed up in scientific reasoning. But Wara doesn’t think the courts are going to like being put back into the role of weighing technical minutia and making engineering decisions.
“It’s a past that the courts didn’t like and they tried to engineer a way out of via the Chevron doctrine,” he said. “I would expect that we’re going to see a drift back toward a doctrine that looks a little bit more Chevron-like, maybe less deference to agencies. But it’s hard to predict in the current environment what’s going to happen.”
Look more closely at today’s inflation figures and you’ll see it.
Inflation is slowing, but electricity bills are rising. While the below-expectations inflation figure reported by the Bureau of Labor Statistics Wednesday morning — the consumer price index rose by just 0.1% in May, and 2.4% on the year — has been eagerly claimed by the Trump administration as a victory over inflation, a looming increase in electricity costs could complicate that story.
Consumer electricity prices rose 0.9% in May, and are up 4.5% in the past year. And it’s quite likely price increases will accelerate through the summer, thanks to America’s largest electricity market, PJM Interconnection. Significant hikes are expected or are already happening in many PJM states, including Maryland,New Jersey,Delaware, Pennsylvania, and Ohio with some utilities having said they would raise rates as soon as this month.
This has led to scrambling by state governments, with New Jersey announcing hundreds of millions of dollars of relief to alleviate rate increases as high as 20%. Maryland convinced one utility to spread out the increase over a few months.
While the dysfunctions of PJM are distinct and well known — new capacity additions have not matched fossil fuel retirements, leading to skyrocketing payments for those generators that can promise to be on in time of need — the overall supply and demand dynamics of the electricity industry could lead to a broader price squeeze.
“Trump and JD Vance can get off tweets about how there’s no inflation, but I don’t think they’ll feel that way in a week or two,” Skanda Amarnath, executive director of Employ America, told me.
And while the consumer price index is made up of, well, almost everything people buy, electricity price increases can have a broad effect on prices in general. “Everyone relies on energy,” Amarnath said. “Businesses that have higher costs can’t just eat it.” That means higher electricity prices may be translated into higher costs throughout the economy, a phenomenon known as “cost-push inflation.”
Aside from the particular dynamics of any one electricity market, there’s likely to be pressure on electricity prices across the country from the increased demand for energy from computing and factories. “There’s a big supply adjustment that’s going to have to happen, the data center demand dynamic is coming to roost,” Amarnath said.
Jefferies Chief U.S. Economist Thomas Simons said as much in a note to clients Wednesday. “Increased stress on the electrical grid from AI data centers, electric vehicle charging, and obligations to fund infrastructure and greenification projects have forced utilities to increase prices,” he wrote.
Of course, there’s also great uncertainty about the future path of electricity policy — namely, what happens to the Inflation Reduction Act — and what that means for prices.
The research group Energy Innovation has modeled the House reconciliation bill’s impact on the economy and the energy industry. The report finds that the bill “would dramatically slow deployment of new electricity generating capacity at a time of rapidly growing electricity demand.” That would result in higher electricity and energy prices across the board, with increases in household energy spending of around $150 per year in 2030, and more than $260 per year in 2035, due in part to a 6% increase in electricity prices by 2035.
In the near term, there’s likely not much policymakers can do about electricity prices, and therefore utility bills going up. Renewables are almost certainly the fastest way to get new electrons on the grid, but the completion of even existing projects could be thrown into doubt by the House bill’s strict “foreign entity of concern” rules, which try to extricate the renewables industry from its relationship with China.
“We’re running into a set of cost-push dynamics. It’s a hairy problem that no one is really wrapping their heads around,” Amarnath said. “It’s not really mainstream yet. It’s going to be.”
In some relief to American consumers, if not the planet, while it may be more expensive for them to cool their homes, it will be less expensive to get out of them: Gasoline prices fell 2.5% in May, according to the BLS, and are down 12% on the year.