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And that’s on top of the constitutional questions.
One of the biggest stories of the new Trump administration is the president’s attempt to block congressionally mandated spending. So far, most of the discussion over this freeze has focused on whether it violates federal law and the Constitution. But another front is likely to open soon in that legal battle — and it has received much less attention.
On his first day in office, Trump froze all federal spending tied to the Inflation Reduction Act and the $1 trillion infrastructure law passed during Joe Biden’s presidency. Although Trump has since relented on other spending freezes — such as a short-lived block on virtually all federal payments — he has continued to withhold these energy, climate, and infrastructure funds, even after a federal judge ordered their release on Monday.
Continuing this freeze for longer than 45 days would take an act of Congress, and it’s unclear whether the Trump administration intends to get one. It seems to be gearing up to fight a Supreme Court battle over whether the president has an inherent “impoundment” authority to block federal funding unilaterally (more on that later).
That constitutional fight will obviously be extremely important. But as hundreds of CEOs and local government officials are now surely realizing, this battle is not the only legal front on which the Trump administration’s spending freeze will be fought.
That is because — as long as the freeze continues — the Trump administration is going to start violating hundreds or even thousands of contracts and legally binding spending agreements. The Trump spending fight is not only about policy and the Constitution, in other words, but also about contract law.
The companies and local governments that are now being strung along by the Trump administration did not make a vague handshake agreement with the Biden administration. Instead, they signed a contract with the federal government to receive a certain amount of money in exchange for doing a certain activity. The administration might have changed since then. But the government is still bound by its debts and obligations.
Those companies have now spent money — in some cases more than tens of millions of dollars — to fulfill their side of the contract. They have bought equipment, purchased land, and hired workers. Those companies’ contracts with the federal government are as legally binding as any other contract between two parties — and the courts are as empowered to defend those contracts as they are any others.
There is a significant amount of money tied up in these agreements. By the end of 2024, the Biden administration had “obligated” more than $96 billion of grants from the Inflation Reduction Act, while the Department of Energy’s loans office had “finalized” more than $60 billion in lending. Both terms generally mean that a contract has been signed.
As Heatmap has written before, just because the government has signed a contract for a certain amount of money doesn’t mean that the money has gone out the door. Many federal contracts are designed, basically, as ongoing invoicing relationships: A private party agrees to do something for the government, the private party does it, and then the private party brings back its receipts and asks the government for reimbursements.
The government has been refusing to make those private parties whole, even though those private parties have kept up their side of their agreements. (Note that at no point, ever, has the Trump administration claimed on the record that the private entities it’s now refusing to pay are in breach of contract. It is simply saying that it would rather not pay them just yet for political reasons.)
This has several important consequences for what is about to happen next.
The first is that the Trump administration is about to face dozens and perhaps hundreds of lawsuits over breach of contract. The president cannot simply announce that the contracts are void, like Michael Scott declaring bankruptcy in The Office. If the president or his officials want to cut off funding to IRA and infrastructure law grant and loan recipients, then they will need to give specific reasons under the contract for terminating and then defend those claims in court — provided that the recipient sues. Under a law called the Tucker Act, companies can sue the federal government for breaching a contract in the Court of Federal Claims, a special court in Washington, D.C. These lawsuits will not be about MAGA policies, but rather about the facts of each contract and whether the parties are in compliance with them.
At the same time, the Trump administration will likely be waging a fight over “impoundment.” Some officials in the Trump administration — including Russ Vought, the Project 2025 architect who now leads the White House budget office — profess that the president has an inherent authority that allows him to unilaterally block federal funding. This is despite the fact that the Constitution does not mention such a capacious authority, and the Supreme Court has historically rejected other presidential ploys, such as President Bill Clinton’s use of the line-item veto, to accept some parts of the federal budget and ignore others.
This will create, at least at first, a two-track legal fight over the Trump administration’s spending freeze. At the high level, President Trump will be fighting over the political and constitutional question of whether he can unilaterally block funding that has been appropriated by Congress. But at the lower level, federal agencies may be sparring with hundreds of companies about whether they can wriggle their way out of the contracts they have already signed. These dozens of potential smaller fights will command an enormous amount of time and personnel attention — not only from the companies, nonprofits, and local governments trying to secure what they are owed, but also from the Trump administration, which has finite resources.
These skirmishes will have economic consequences — and while these might be small in the context of America’s $29 trillion economy, they will gradually deepen. By refusing to honor its contracts, the Trump administration is forcing private companies to bear public costs. Those companies will delay hiring employees and investing in new equipment as they await repayment; some will furlough workers and go bankrupt. The burden will become more and more significant every day that the Trump administration continues its spending freeze.
These costs will not be randomly distributed through the economy, but rather concentrated primarily in sectors located in rural areas and affecting working-class Americans. Professional environmentalists in Seattle will continue to have a job regardless of what happens to some rural school district’s microgrid project. But the construction workers and electricians set to build that grid will lose income.
For this reason, the energy and infrastructure freeze does not strike me as a very wise move, politically — particularly as U.S. economic sentiment is worsening. One reason it is politically prudent for lawmakers, and not the president, to make spending decisions is that representatives understand their districts much better than federal officials in Washington, D.C.
This suggests the final takeaway: The Trump administration is beginning to play a very dangerous game with the United States. The American economy’s strength and prosperity arises from its territorial resource wealth, its educated and productive workforce, its secure defensive position, and — crucially — a set of financial intangibles that are ultimately backed up by federal contracts. The federal government is the largest counterparty in the global economy because it can be relied upon to pay its debts. If it begins to back out of contracts hither and thither, especially if primarily for partisan political reasons, then it will ultimately damage every American.
This is not a new or novel thought. Writing in 1790, Treasury Secretary Alexander Hamilton said that the “punctual performance of contracts” was the key to maintaining the United States’ good credit. “States, like individuals, who observe their engagements, are respected and trusted: while the reverse is the fate of those who pursue an opposite conduct,” he said. “Every breach of the public engagements, whether from choice or necessity, is in different degrees hurtful to public credit.”
It isn’t unusual for new administrations to pause some spending at the beginning of their terms, and perhaps the Trump administration will soon prove the worriers wrong and lift the spending freeze. But I fear it will not. It is very possible that in the next several months, the administration will begin to breach dozens of its public engagements. This will hurt the energy, automaking, and construction sectors in the near term. It will cause grief for the president — and, I worry, all of us — soon after.
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Rob and Jesse revisit the basics of the ultra-clogged electricity interconnection queue.
Shift Key is off for Labor Day, so we’re running this classic episode.
The power grid is straining as new data centers, factories, and electric vehicles come online. For the first time in 15 years, American electricity demand is rising again.
The easiest option is to meet that new demand with new supply — new power plants. But in many parts of the country, it can take years to hook up new wind, solar, and batteries to the grid. The reason why is a clogged and broken system called the interconnection queue.
On this week’s episode of Shift Key, which first aired in 2024, Jesse and Rob speak with two experts about how to understand — and how to fix — what is perhaps the biggest obstacle to deploying more renewables on the U.S. power grid.
Tyler Norris is a doctoral student at Duke University’s Nicholas School of the Environment. He was formerly vice president of development at Cypress Creek Renewables, and he served on North Carolina Governor Roy Cooper’s Carbon Policy Working Group. Claire Wayner is a senior associate at RMI’s carbon-free electricity program, where she works on the clean and competitive grids team.
Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap, and Jesse Jenkins, a professor of energy systems engineering at Princeton University.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, YouTube, or wherever you get your podcasts.
You can also add the show’s RSS feed to your podcast app to follow us directly.
Here is an excerpt from our conversation:
Robinson Meyer: So, Tyler, you’ve been proposing on Twitter — or on X, I suppose — kind of one weird trick that would improve the interconnection process and make us deploy a lot more clean energy faster and save people the billions of dollars we were just talking about.
What is it? Please enlighten us.
Tyler Norris: So as mentioned, Texas is adding clean electricity much faster than every other market — and not just clean electricity, every form of generation capacity you can imagine. And the reason they’re able to do that is because they’re not subjecting those generators to all those severe conditions that I mentioned earlier and then allocating the cost of upgrading the grid to those generators upfront.
Instead, they’re attempting to proactively plan the system in response to generators that show up and send that market signal regarding where there may be opportunities to upgrade the grid. And it works, of course, because Texas is an energy-only electricity market, so they’re not studying the projects for their capacity value, so there’s some simplifications that make it more viable.
That said, even outside ERCOT, there’s a lot we could do to make this what we call energy-only interconnection option more viable for generators, and I think it could offer a lot of benefits. It’s much lower cost. It’s much faster to get projects online. It can contribute to production cost savings. It also provides a reserve of generators that can be upgraded to capacity resources if and when network capacity becomes available. And it can actually contribute to reliability and reduce the risk of shedding load during reliability events, even though they’re not formally qualified as what we call capacity resources
Meyer: Can you give us an example of what you mean? What is ERCOT actually doing here?
Norris: So it means that the Texas grid operator is willing to curtail generators as necessary to avoid any reliability impacts on the system. And so they’re basically, they’re managing the system in real time. And this does lead to a higher rate of curtailment on average for especially some of these renewable generators. And so that’s an important dimension of it. But there’s a lot of nuance there, too. Even the capacity resources outside of Texas can be curtailed during congestion events.
So they’re not assigning grid upgrades to the projects upfront. They’re instead looking at where the generators show up and connect to the system and then identifying the most valuable grid upgrades from a cost and a reliability standpoint and prioritizing those.
Mentioned:
Tyler’s study on “energy only” interconnection rules
Matthew Zeitlin on the big problems with PJM — and on Tyler’s research into flexible loads
FERC Order 2023 on Improvements to Generator Interconnection Procedures and Agreements
Advanced Energy United report on “Unlocking America's Energy: How to Efficiently Connect New Generation to the Grid
NRDC: “PJM’s Capacity Auction: The Real Story”
Rob’s downshift; Jesse’s upshift.
This episode of Shift Key is sponsored by …
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Music for Shift Key is by Adam Kromelow.
On Trump’s latest wind target, new critical minerals, and methane maps
Current conditions: In the Atlantic, Tropical Storm Fernand is heading northward toward Bermuda • In the Pacific, Tropic Storm Juliette is active about 520 miles southwest of Baja California, with winds of up to 65 miles per hour • Temperatures are surging past 100 degrees Fahrenheit in South Korea.
Renewable investments dim in the U.S.Brandon Bell/Getty Images
In the United States, investments in renewable energy fell by 36% — equal to $20.5 billion — compared to the second half of last year, according to new data from the consultancy BloombergNEF. The drop “reflects a rush of construction toward the end of last year as developers sought to lock in lucrative tax credits, followed by a sharp drop this year as policy conditions worsened,” the report stated. The European Union, on the other hand, ratcheted up spending on renewables by 63% — or nearly $30 billion — in the first half of this year compared to the second half of 2024. Drawing an even sharper contrast, investments into both onshore and offshore wind made up the bulk of the growth in Europe as the Trump administration has placed the harshest restrictions on wind turbines of any other energy source.
Overall, global investment into clean energy rose 10% in the first half of 2025 compared to the same period in 2024. That included a worldwide increase in wind investments of 24% and a jump in new solar investment of 5%.
The U.S. Geological Survey released its latest list of critical minerals on Monday. The report highlights some shifts in U.S. production and concerns in Washington over potential supply disruptions from supposedly friendly powers. While the analysis identifies China as the biggest threat to the U.S. economy in 46 of the 84 commodities studied, “Canada and South Africa both show up as potential points of disruption across eight imports,” Farrell Gregory, a non-resident fellow at the Foundation for American Innovation, wrote on X. “Interestingly, Canada is identified as having a high-risk for disruption, more than South Africa and Russia.”
There were new bright spots in the report. The USGS removed tellurium, a silvery brittle metal used in semiconductors, from the list of risk resources it was added to in 2022. That’s because a new Rio Tinto mine transformed the U.S. from an importer into a net exporter in recent years.
It could have been worse. The Treasury guidance issued Friday dictating what wind and solar projects will be eligible for federal tax credits could have effectively banned developers from tapping the write-offs set to start phasing out next July. In the weeks before the Internal Revenue Service released its rules, GOP lawmakers from states with thriving wind and solar industries, including Senators John Curtis of Utah and Chuck Grassley of Iowa, publicly lobbied for laxer rules as part of what they pitched as the all-of-the-above “energy dominance” strategy on which Trump campaigned. Grassley went so far as to block two of Trump’s Treasury nominees “until I can be certain that such rules and regulations adhere to the law and congressional intent,” as Heatmap’s Matthew Zeitlin covered earlier in August.
Since the guidance came out on Friday, both Grassley and Curtis have put out positive statements backing the plan. “I appreciate the work of Secretary [Scott] Bessent and his staff in balancing various concerns and perspectives to address the President’s executive order on wind and solar projects,” Curtis said, according to E&E News. Calling renewables “an essential part of the ‘all of the above’ energy equation,” Grassley’s statement said the guidance “seems to offer a viable path forward for the wind and solar industries to continue to meet increased energy demand” and “reflects some of the concerns Congress and industry leaders have raised.”
Gas power plants are booming in the U.S. as demand surges, but the growth doesn’t yet mark a fundamental shift away from renewables, clean-energy analyst Michael Thomas wrote in a post on his Substack newsletter, Distilled. “If there were to be an unprecedented pivot to gas, you’d expect Texas to be ground zero for it,” he said. “The state has done everything it can to prop up fossil fuel power in recent years. It’s also one of the most permissive when it comes to environmental regulations and permitting.” Despite major growth in the past year, he wrote, gas made up just 10% of proposed new project capacity in Texas so far this year. The remaining 90% of capacity came from solar, wind, and battery projects. Last year alone, renewable and storage developers proposed 100 gigawatts of clean capacity — seven times more than gas developers proposed.
A new map allowing users to track risks from natural gas super-emitters launched Tuesday from the independent energy science and policy institute PSE Healthy Energy. The Methane Risk Map is a web tool with clickable markers representing individual methane super-emitting events throughout the U.S. Selecting one, as Heatmap’s Emily Pontecorvo wrote, “opens up a heatmap and information panel that shows the concentration of benzene, methane, and other pollutants present in that particular plume, the modeled distance each one traveled during the event, the demographics of the population exposed, and whether there were any sensitive facilities, such as schools or hospitals, in the exposure pathway.”
Though methane, the primary component of natural gas, is an extremely potent greenhouse gas and can pose an explosive risk at high concentrations, other components in unrefined natural gas present more direct public health risks. These include carcinogens like benzene and other health-harming substances, including toluene.
The grid-tech startup Splight has raised nearly $13 million to fund the commercial scaling of its breakthrough software. Unlike dynamic line rating, which uses weather and temperature data to open up more space on existing power lines to funnel as much as 30% more electricity, Splight claims its "dynamic congestion management” software can double the amount of room for electrons to flow without building new grid infrastructure.
The Methane Risk Map combines satellite and geologic data to visualize chemical exposure from natural gas plumes.
Methane-sniffing satellites have brought unprecedented visibility to “super-emitter” events, when the planet-warming gas gushes into the atmosphere at alarming rates — often from leaky fossil fuel infrastructure.
But those plumes contain more than just methane. Scientists are now using satellite data to look beyond the climate risks and assess the danger of super-emitting wells, tanks, and other assets to nearby communities.
PSE Healthy Energy, an independent energy science and policy institute, unveiled a “Methane Risk Map” on Tuesday that illustrates the spread of health-harming pollutants like benzene and toluene that also emanate from methane super-emitter events.
“The Methane Risk Map translates methane as a climate problem into methane as an air quality and human health issue,” Seth Shonkoff, PSE’s executive director, said during a briefing last week.
The vast majority of what we call “natural gas” is methane, but when it comes out of the ground, it also contains a host of other compounds, including carcinogens. The exact mix varies by location, and also changes as it moves through the oil and gas supply chain.
The Methane Risk Map is a web tool with clickable markers representing individual methane super-emitter events throughout the U.S. Selecting one opens up a heatmap and information panel that shows the concentration of benzene, methane, and other pollutants present in that particular plume, the modeled distance each one traveled during the event, the demographics of the population exposed, and whether there were any sensitive facilities, such as schools or hospitals, in the exposure pathway. It also gives the date the emission event occurred and what kind of equipment it came from, if available, such as a well or a tank.
Courtesy of PSE Healthy Energy
Underlying the map are two relatively new scientific developments. The first, as mentioned earlier, is satellite data. PSE pulls data released by the nonprofit Carbon Mapper, which launched its premiere satellite a year ago. Carbon Mapper’s sensing tools, developed in collaboration with NASA, essentially point a telephoto lens at oil or gas facilities to detect methane super-emitter events and measure how much of the gas is streaming out.
The problem, however, is that the satellite can only detect methane.
To solve that problem, PSE researchers created a database of the composition of natural gas at more than 4,000 facilities, spanning 19 oil- and gas-producing basins. When oil and gas operators apply for air permits, they have to submit facility-specific gas composition data from laboratory reports, often derived from direct samples of the gas. Researchers from PSE Healthy Energy went through thousands of regulatory documents to compile a database based on these reports. They found hazardous pollutants in more than 99% of the samples.
To build the Methane Risk Map, PSE combined methane emission rates from Carbon Mapper with this site-specific gas composition data, then used an air dispersion model to estimate the peak concentrations of each pollutant in the surrounding area after the release and show the area at risk. The map includes risk benchmarks set by state regulators for each pollutant, and shows that hazardous air pollutant levels from these super-emitters often exceed them.
While methane itself isn’t toxic, it can pose a safety risk at high enough concentrations from explosions or fires. So in addition to information about traditional air pollutants, users can also view the extent to which the methane released by an event posed a threat to the surrounding area.
One of the shortcomings of the project, and of methane-mapping efforts in general, is that the data isn’t accessible in real time. Carbon Mapper takes roughly a month from when its satellite spots a super-emitter to process and release the emissions data publicly — then PSE will have to run its own models and update its map. The satellites also represent only a moment in time — they don’t tell you when a leak started or how long it lasted. While the time delay could improve with technological and other advances, fixing the latter would require a lot more satellites.
The Methane Risk Map can’t yet function as an emergency response tool in a public health context, but that also wasn’t quite the intent behind the project. The PSE researchers envision policymakers, regulators, lawyers, and communities using the tool to push for stronger regulations, such as safer setback distances, stricter air quality monitoring requirements, and leak detection and repair rules.
The Environmental Protection Agency finalized stronger rules regulating methane and air pollution from the oil and gas sector in 2023, under the Biden administration. But after Trump took over the federal apparatus, the agency said it was “reconsidering” those rules. Since then, the EPA has extended compliance deadlines for many of the rules.
“As regulatory rollbacks in the climate and air quality arenas occur in the coming months, having this type of defensible data on the risk of these events and the risks they pose to human health will become increasingly important,” Kelsey Bilsback, the principal investigator for the project, said during the briefing.
Right now the map only includes emissions from the “upstream” oil and gas sector, but PSE plans to expand the project to include leaks from the midstream and downstream, too, such as pipelines and end-users.