You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
The whales will be fine.
Donald Trump loves eagles and whales and therefore he wants to protect them — from clean energy development.
Trump may, however, be relieved to hear that many of his concerns about wind and solar energy are unfounded. Here’s what he gets right and wrong.
Pointing out the window to the Atlantic Ocean at one point, one attendee said, the former president claimed that offshore wind turbines break down when they are exposed to saltwater … [April 17, 2024]
Fact check: Let’s just get this out of the way: offshore wind turbines are designed to withstand saltwater exposure. People have been building things in saltwater for a long, long time. From the oldest known ships constructed 6,000 years ago out of papyrus reeds to Norway’s Troll A platform — a reinforced concrete offshore natural gas platform and the tallest structure ever moved by humankind — we’ve learned a few things about resisting salt corrosion.
This scene occurred during a fundraising dinner with oil and gas executives at Trump’s Mar-a-Lago resort reported on by The Washington Post, which also pointed out this obvious fact. That said, to the former president’s credit, “the ocean is indeed a difficult environment” for construction and engineering, Eric Hines, a civil and environmental engineering professor and the director of the offshore wind energy graduate program at Tufts University, told me. But the lifespan of offshore structures can range from a few years to more than a century.
According to Hines, most offshore wind farms today are built to have “approximately 25-year service lives,” but the design is always evolving. His department, for example, is working on developing advanced underwater foundations that are built to last more than a century and double as artificial reefs.
“I like the concept of solar, but it’s not powerful like what we need to fire up our factories.” [Dec. 16, 2023]
Fact check: “That question is actually a little bit tricky,” Baker, the assistant professor of engineering at the University of Colorado, told me, when I asked him whether solar alone could power a factory — but it’s also not really what we should be asking. “One thing I’ve noticed people do a lot is they’ll just compare efficiency of power generation,” Baker explained. But “it’s not just about the efficiency — it’s about other things, too, like solar’s ability to be distributed. You can’t put a nuclear fission power plant in your house — you know, not yet — but you can put solar panels, so that’s a huge benefit. It offers some resiliency that other sources just can’t offer.”
It’s true that solar power is less efficient than other sources of energy, including wind, and that it requires a lot of surface area, which could be an undue burden for a manufacturer. But at the same time, “I don’t know if anybody is proposing to power an entire factory based off of solar,” Baker said.“Their windmills are causing whales to die in numbers never seen before. Nobody does anything about that. They’re washing up on shore. I saw it this weekend: Three of them came up! You wouldn’t see it once a year; now they’re coming up on a weekly basis. The windmills are driving them crazy. They’re driving the whales, I think, a little batty.” [Sept. 25, 2023]
Fact check: If you ever want to feel ridiculous, try asking a scientist at the National Oceanic and Atmospheric Administration if windmills are making whales “a little batty.”
NOAA actively studies how “sound, vessel, and other human activities” impact marine life, Lauren Gaches, the director of NOAA Fisheries Public Affairs, told me over email. “At this point, there is no scientific evidence that noise resulting from offshore wind site characterization surveys could potentially cause mortality of whales,” she said.
An ongoing “unusual mortality event” for humpback whales has resulted in 200 whale deaths between 2016 and June 2023 along the Atlantic coast from Maine to Florida — that much is true. But “there are no known links between recent large whale mortalities and ongoing offshore wind surveys,” Gaches told me. NOAA’s fact page on whales and offshore wind explains that of “roughly 90 whales examined, about 40% had evidence of human interaction, either ship strike or entanglement.”
There has been some chatter about underwater surveying work disrupting whales, which may be true in the case of oil and gas surveys, which use seismic air guns to penetrate deep into the ocean floor. The surveying equipment used for offshore wind is, by contrast, used in 15-second bursts and limited to a specific area, “so the likelihood of an animal encountering and coming right into that sound beam is quite low,” Erica Staaterman, the deputy director for the Bureau of Ocean Energy Management’s Center for Marine Acoustics, said on a NOAA-hosted call with the press early last year.
As Ben Laws, the deputy chief of NOAA’s Permits and Conservation Division in the Office of Protected Resources, said on the same call, “There is no information that would support any suggestion that any of the equipment that’s being used in support of wind development for these site characterization surveys could directly lead to the death of a whale.”
“If you go out hunting and you happen to shoot a bald eagle, they put you in jail, like, for five years, right? They kill thousands of them with these windmills; nothing happens.” [Jan. 28, 2023]
“If you want to see a bird cemetery, go under a windmill sometime. You’ll see birds like you never saw. If you love birds, you’ll start to weep.” [Dec. 16, 2023]
Fact check: Trump has had a vendetta against wind turbines since long before he ever ran for president. “Wind farms are killing many thousands of birds,” reads one illustrative tweet from 2012. “They make hunters look like nice people!”
Lewis Grove is the director of wind and energy policy at the American Bird Conservancy, and he told me that while it’s “not necessarily as simple as Mr. Trump painted it out to be, wind turbines absolutely kill birds.”
But the context here is extremely important. Jason Ryan, a spokesperson for the American Clean Power Association, a leading renewable energy trade group, pointed me to research from the U.S. Fish & Wildlife Service that shows wind farms “represent just 0.03% of all human-related bird deaths in the U.S.” Grove likewise told me that, for the most part, bird deaths due to wind turbines do “not have population-level impacts.”
There are exceptions, such as an infamous wind farm in California’s Altamont Pass built in 1981 that “just happened to be in a place that was really heavily used by golden eagles,” Grove told me. Because golden eagle populations were already very low, having 100 or so killed a year by turbines was “unsustainable.” Even in a case like this, though, it behooves one to look at the whole picture: “They found it was a few individual turbines that were causing the damage,” Grove said. These days, around 60 golden eagles a year are killed in Alameda County, the Alameda Post reports, and the operating company must pay steep penalties for eagle deaths.
What’s more, “climate change is one of the greatest threats birds face, with two-thirds of North American species at risk of extinction due to our warming planet,” Jon Belak, senior manager of science and data analysis at The National Audubon Society, told me in a statement. “We need to build more wind and solar facilities to help slow the rise in global temperatures and protect birds and their habitats from a changing climate.”
Wind farms may not have population-level impacts on birds, but fracking does — “the onset of shale oil and gas production reduces subsequent bird population counts by 15%,” even after accounting for factors like weather and other land-use changes, according to one just-published, peer-reviewed study.
“Remember the windmills? ‘Darling, darling, I want to watch the president, I love him so much. I want to watch him on television tonight.’ ‘I’m sorry, but the wind isn’t blowing, you’ll have to wait ‘til another time.’ Windmills.” [March 26, 2022]
Fact check: “I mean, it’s possible with any mix of generation that if supply and demand aren’t equal, your TV will go out. That’s just physics,” Kyri Baker, an assistant professor of engineering at the University of Colorado, told me when I asked her if Trump’s scenario had any merit. In other words, a power outage could happen whether your electricity is coming from coal or natural gas or anything else. The difference, she said, is that “wind is by nature variable, intermittent. But it’s also not reliant on fuel like natural gas or coal plants or even nuclear plants are.”
What happens on days when there is no wind? “Grids are extremely regulated,” Baker explained to me. “There’s so many layers of redundancy that aim specifically to not have [an outage] happen.” A grid is made up of diverse electricity sources (for my visual learners, Canary imagines what a net-zero grid could look like here), as well as measures like offline backup generators, which can kick in if need be, so service isn’t disrupted.
Battery storage is another huge part of this equation. While they’re still fairly cutting-edge as climate technology goes, high-capacity batteries that can manage grid-scale energy needs are getting better and more plentiful.
“Stop with all of the windmills all over the place that are ruining the atmosphere.” [Jan. 20, 2022]
Fact check: Wind turbines do not damage the literal atmosphere.
But maybe Trump meant atmosphere as in “sense of place”? Most Americans don’t seem to think windmills are “ruining” anything. In a recent Heatmap poll, nearly eight in 10 Americans said they want the government to make it easier to build new wind farms. The Washington Post similarly found last year that about 70% of Americans said they wouldn’t mind living near a wind farm.
As my colleague Robinson Meyer has written, “American laws today give even a small, well-resourced minority plenty of tools to block a project” like a wind farm, and “what’s more, once that small group starts campaigning against a project, the public’s broad but shallow support for, say, a general technology can crater. That’s what happened recently in New Jersey, where a once broadly pro-wind public has turned against four proposed offshore wind farms.”
“It’s a very expensive form — probably the most expensive form of energy.” [Jan. 20, 2022]
Fact check: Wind in general is not the most expensive form of energy, but offshore wind is very expensive — for now.
Of the energy sources we’re currently used to, nuclear is usually cited as having the highest levelized cost of electricity — that is, it has the highest average cost per unit of electricity generated after construction, maintenance, and operation have been taken into account. Peaker plants — gas-powered plants that run just during times of peak demand — usually come in second.
Offshore wind is costly, with the levelized cost of electricity from a subsidized U.S. offshore wind project increasing “to $114.20 per megawatt-hour in 2023, up almost 50% from 2021 levels in nominal terms,” BloombergNEF reports. Many of the factors making offshore wind so expensive — including permitting delays, high interest rates, and supply chain issues — will abate with time. Meanwhile, onshore wind is one of the cheapest forms of electricity available and has boasted a “lower LCOE than gas plants since 2015,” Sustainable Energy in America reports.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
On a new plan for an old site, tariffs on Canada, and the Grain Belt Express
Current conditions: Phoenix will “cool” to 108 degrees Fahrenheit today after hitting 118 degrees on Thursday, its hottest day of the year so far • An extreme wildfire warning is in place through the weekend in Scotland • University of Colorado forecasters decreased their outlook for the 2025 hurricane season to 16 named storms, eight hurricanes, and three major hurricanes after a quiet June and July.
President Trump threatened a 35% tariff on Canadian imports on Thursday, giving Prime Minister Mark Carney a deadline of August 1 before the levies would go into effect. The move follows months of on-again, off-again threats against Canada, with former Canadian Prime Minister Justin Trudeau having successfully staved off the tariffs during talks in February. Despite those earlier negotiations, Trump held firm on his 50% tariff on steel and aluminum, which will have significant implications for green manufacturing.
As my colleagues Matthew Zeitlin and Robinson Meyer have written, tariffs on Canadian imports will affect the flow of oil, minerals, and lumber, as well as possibly break automobile supply chains in the United States. It was unclear as of Thursday, however, whether Trump’s tariffs “would affect all Canadian goods, or if he would follow through,” The New York Times reports. The move follows Trump’s announcement this week of tariffs on several other significant trade partners like Japan and South Korea, as well as a 50% tariff on copper.
The long beleaguered Lava Ridge Wind Project, formally halted earlier this year by an executive order from President Trump, might have a second life as the site for small modular reactors, Idaho News 6 reports. Sawtooth Energy Development Corporation has proposed installing six small nuclear power generators on the former Lava Ridge grounds in Jerome County, Idaho, drawn to the site by the power transmission infrastructure that could connect the region to the Midpoint Substation and onto the rest of the Western U.S. The proposed SMR project would be significantly smaller in scale than Lava Ridge, which would have produced 1,000 megawatts of electricity on a 200,000-acre footprint, sitting instead on 40 acres and generating 462 megawatts, enough to power 400,000 homes.
Sawtooth Energy plans to hold four public meetings on the proposal beginning July 21. The Lava Ridge Wind Project had faced strong local opposition — we named it the No. 1 most at-risk project of the energy transition last fall — due in part to concerns about the visibility of the turbines from the Minidoka National Historic Site, the site of a Japanese internment camp.
Get Heatmap AM directly in your inbox every morning:
Republican Senator Josh Hawley of Missouri said on social media Thursday that Energy Secretary Chris Wright had assured him that he will be “putting a stop to the Grain Belt Express green scam.” The Grain Belt Express is an 804-mile-long, $11 billion planned transmission line that would connect wind farms in Kansas to energy consumers in Missouri, Illinois, and Indiana, which has been nearing construction after “more than a decade of delays,” The New York Times reports. But earlier this month, Missouri Attorney General Andrew Bailey, a Republican, put in a request for the local public service commission to reconsider its approval, claiming that the project had overstated the number of jobs it would create and the cost savings for customers. Hawley has also been a vocal critic of the project and had asked the Energy Department to cancel its conditional loan guarantee for the transmission project.
New electric vehicles sold in Europe are significantly more environmentally friendly than gas cars, even when battery production is taken into consideration, according to a new study by the International Council on Clean Transportation. Per the report, EVs produce 73% less life-cycle greenhouse gas emissions than combustion engine cars, even considering production — a 24% improvement over 2021 estimates. The gains are also owed to the large share of renewable energy sources in Europe, and factor in that “cars sold today typically remain on the road for about 20 years, [and] continued improvement of the electricity mix will only widen the climate benefits of battery electric cars.” The gains are exclusive to battery electric cars, however; “other powertrains, including hybrids and plug-in hybrids, show only marginal or no progress in reducing their climate impacts,” the report found.
Aryna Sabalenka attempts to cool down during her Ladies' Singles semi-final at Wimbledon on Thursday.Julian Finney/Getty Images
With the United Kingdom staring down its third heatwave in a month this week, a new study warns of dire consequences if homes and cities do not adapt to the new climate reality. According to researchers at the University College London and the London School of Hygiene and Tropical Medicine, heat-related deaths in England and Wales could rise 50-fold by the 2070s, jumping from a baseline of 634 deaths to 34,027 in a worst-case scenario of 4.3 degrees Celsius warming, a high-emissions pathway.
The report specifically cited the aging populations of England and Wales, as older people become more vulnerable to the impacts of extreme heat. Low adoption of air conditioning is also a factor: only 2% to 5% of English households use air conditioning, although that number may grow to 32% by 2050. “We can mitigate [the] severity” of the health impacts of heat “by reducing greenhouse gas emissions and with carefully planned adaptations, but we have to start now,” UCL researcher Clare Heaviside told Sky News.
This week, Centerville, Ohio, rolled out high-tech recycling trucks that will use AI to scan the contents of residents’ bins and flag when items have been improperly sorted. “Reducing contamination in our recycling system lowers processing costs and improves the overall efficiency of our collection,” City Manager Wayne Davis said in a statement about the AI pilot program, per the Dayton Daily News.
Or at least the team at Emerald AI is going to try.
Everyone’s worried about the ravenous energy needs of AI data centers, which the International Energy Agency projects will help catalyze nearly 4% growth in global electricity demand this year and next, hitting the U.S. power sector particularly hard. On Monday, the Department of Energy released a report adding fuel to that fire, warning that blackouts in the U.S. could become 100 times more common by 2030 in large part due to data centers for AI.
The report stirred controversy among clean energy advocates, who cast doubt on that topline number and thus the paper’s justification for a significant fossil fuel buildout. But no matter how the AI revolution is powered, there’s widespread agreement that it’s going to require major infrastructure development of some form or another.
Not so fast, says Emerald AI, which emerged from stealth last week with $24.5 million in seed funding led by Radical Ventures along with a slew of other big name backers, including Nvidia’s venture arm as well as former Secretary of State John Kerry, Google’s chief scientist Jeff Dean, and Kleiner Perkins chair John Doerr. The startup, founded and led by Orsted’s former chief strategy and innovation officer Varun Sivaram, was built to turn data centers from “grid liabilities into flexible assets” by slowing, pausing, or redirecting AI workloads during times of peak energy demand.
Research shows this type of data center load flexibility could unleash nearly 100 gigawatts of grid capacity — the equivalent of four or five Project Stargates and enough to power about 83 million U.S. homes for a year. Such adjustments, Sivaram told me, would be necessary for only about 0.5% of a data center’s total operating time, a fragment so tiny that it renders any resulting training or operating performance dips for AI models essentially negligible.
As impressive as that hypothetical potential is, whether a software product can actually reduce the pressures facing the grid is a high stakes question. The U.S. urgently needs enough energy to serve that data center growth, both to ensure its economic competitiveness and to keep electricity bills affordable for Americans. If an algorithm could help alleviate even some of the urgency of an unprecedented buildout of power plants and transmission infrastructure, well, that’d be a big deal.
While Emerald AI will by no means negate the need to expand and upgrade our energy system, Sivaram told me, the software alone “materially changes the build out needs to meet massive demand expansion,” he said. “It unleashes energy abundance using our existing system.”
Grand as that sounds, the fundamental idea is nothing new. It’s the same concept as a virtual power plant, which coordinates distributed energy resources such as rooftop solar panels, smart thermostats, and electric vehicles to ramp energy supply either up or down in accordance with the grid’s needs.
Adoption of VPPs has lagged far behind their technical potential, however. That’s due to a whole host of policy, regulatory, and market barriers such as a lack of state and utility-level rules around payment structures, insufficient participation incentives for customers and utilities, and limited access to wholesale electricity markets. These programs also depend on widespread customer opt-in to make a real impact on the grid.
“It’s really hard to aggregate enough Nest thermostats to make any kind of dent,”” Sivaram told me. Data centers are different, he said, simply because “they’re enormous, they’re a small city.” They’re also, by nature, virtually controllable and often already interconnected if they’re owned by the same company. Sivaram thinks the potential of flexible data center loads is so promising and the assets themselves so valuable that governments and utilities will opt to organize “bespoke arrangements for data centers to provide their services.”
Sivaram told me he’s also optimistic that utilities will offer data center operators with flexible loads the option to skip the ever-growing interconnection queue, helping hyperscalers get online and turn a profit more quickly.
The potential to jump the queue is not something that utilities have formally advertised as an option, however, although there appears to be growing interest in the idea. An incentive like this will be core to making Emerald AI’s business case work, transmission advocate and president of Grid Strategies Rob Gramlich told me.
Data center developers are spending billions every year on the semiconductor chips powering their AI models, so the typical demand response value proposition — earn a small sum by turning off appliances when the grid is strained — doesn’t apply here. “There’s just not anywhere near enough money in that for a hyperscaler to say, Oh yeah, I’m gonna not run my Nvidia chips for a while to make $200 a megawatt hour. That’s peanuts compared to the bazillions [they] just spent,” Gramlich explained.
For Emerald AI to make a real dent in energy supply and blunt the need for an immediate and enormous grid buildout, a significant number of data center operators will have to adopt the platform. That’s where the partnership with Nvidia comes in handy, Sivaram told me, as the startup is “working with them on the reference architecture” for future AI data centers. “The goal is for all [data centers] to be potentially flexible in the future because there will be a standard reference design,” Sivaram said.
Whether or not data centers will go all in on Nvidia’s design remains to be seen, of course. Hyperscalers have not typically thought of data centers as a flexible asset. Right now, Gramlich said, most are still in the mindset that they need to be operating all 8,760 hours of the year to reach their performance targets.
“Two or three years ago, when we first noticed the surge in AI-driven demand, I talked to every hyperscaler about how flexible they thought they could be, because it seemed intuitive that machine learning might be more flexible than search and streaming,” Gramlich told me. By and large, the response was that while these companies might be interested in exploring flexibility “potentially, maybe, someday,” they were mostly focused on their mandate to get huge amounts of gigawatts online, with little time to explore new data center models.
“Even the ones that are talking about flexibility now, in terms of what they’re actually doing in the market today, they all are demanding 8,760 [hours of operation per year],” Gramlich told me.
Emerald AI is well aware that its business depends on proving to hyperscalers that a degree of flexibility won’t materially impact their operations. Last week, the startup released the results of a pilot demonstration that it ran at an Oracle data center in Phoenix, which proved it was able to reduce power consumption by 25% for three hours during a period of grid stress while still “assuring acceptable customer performance for AI workloads.”
It achieved this by categorizing specific AI tasks — think everything from model training and fine tuning to conversations with chatbots — from high to low priority, indicating the degree to which operations could be slowed while still meeting Oracle’s performance targets. Now, Emerald AI is planning additional, larger-scale demonstrations to showcase its capacity to handle more complex scenarios, such as responding to unexpected grid emergencies.
As transmission planners and hyperscalers alike wait to see more proof validating Emerald AI’s vision of the future, Sivaram is careful to note that his company is not advocating for a halt to energy system expansion. In an increasingly electrified economy, expanding and upgrading the grid will be essential — even if every data center in the world has a flexible load profile.
’We should be building a nationwide transmission system. We should be building out generation. We should be doing grid modernization with grid enhancing technologies,” Sivaram told me. “We just don’t need to overdo it. We don’t need the particularly massive projections that you’re seeing that are going to cause your grandmother’s electricity rates to spike. We can avoid that.”
The saga of the Greenhouse Gas Reduction Fund takes another turn.
On July 3, just after the House voted to send the reconciliation bill to Trump’s desk, a lawyer for the Department of Justice swiftly sent a letter to the U.S. Court of Appeals for the D.C. Circuit. Once Trump signed the One Big Beautiful Bill Act into law, the letter said, the group of nonprofits suing the government for canceling the biggest clean energy program in the country’s history would no longer have a case.
It was the latest salvo in the saga of the Greenhouse Gas Reduction Fund, former President Joe Biden’s green bank program, which current Environmental Protection Agency Administrator Lee Zeldin has made the target of his “gold bar” scandal. At stake is nearly $20 billion to fight climate change.
Congress created the program as part of the Inflation Reduction Act in 2022. It authorized Biden’s EPA to award that $20 billion to a handful of nonprofits that would then offer low-cost loans to individuals and organizations for solar installations, building efficiency upgrades, and other efforts to reduce emissions. The agency announced the recipients last summer, before its September deadline to get the funds out.
Then Trump took office and ordered his agency heads to pause and review all funding for Inflation Reduction Act programs.
In early March, buoyed by a covert video of a former EPA employee making an unfortunate and widely misunderstood comparison of the effort to award the funding to “throwing gold bars off the edge” of the Titanic, Zeldin notified the recipients that he was terminating their grant agreements. He cited “substantial concerns” regarding “program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with agency’s priorities.”
In court proceedings over the decision, the government has yet to cite any specific acts of fraud, waste, or abuse that justified the termination — a fact that the initial judge overseeing the case pointed out in mid-April when she ordered a preliminary injunction blocking the EPA from canceling the grants. But the EPA quickly appealed to the D.C. Circuit Court, which stayed the lower court’s injunction. The money remains frozen at Citibank, which had been overseeing its disbursement, as the parties await the appeals court’s decision.
As all of this was playing out, Congress wrote and passed the One Big Beautiful Bill Act. The new law rescinds the “unobligated” funding — money that hasn’t yet been spent or contracted out — from nearly 50 Inflation Reduction Act programs, including the Greenhouse Gas Reduction Fund. According to an estimate from the Congressional Budget Office, the remaining balance in the fund was just $19 million.
The Trump administration, however, is arguing in court that the OBBBA doesn’t just recoup that $19 million, but also the billions in awards at issue in the lawsuit. Congress has rescinded “the appropriated funds that plaintiffs sought to reinstate through this action,” Principal Deputy Assistant Attorney General Yaakov Roth wrote in his July 3 letter, implying that the awards were no longer officially “obligated” and that all of the money would have to be returned. Therefore, “it is more clear than ever that the district court’s preliminary injunction must be reversed,” he wrote.
Roth cited a statement that Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, made on the floor of the Senate in June. She said she agreed with Zeldin’s decision to cancel the Greenhouse Gas Reduction Fund grants, and that it was Congress’ intent to rescind the funds that “had been obligated but were subsequently de-obligated” — about $17 billion in total. She did not acknowledge that Zeldin’s decision was being actively litigated in court.
On Monday, attorneys for the plaintiffs fired back with a message to the court that the reconciliation bill does not, in fact, change anything about the case. They argued that the EPA broke the law by canceling the grants, and that the OBBBA can’t retroactively absolve the agency. They also served up a conflicting statement that Capito made about the fund to Politico in November. “We’re not gonna go claw back money,” she said. “That’s a ridiculous thought.”
Capito’s colleague Sheldon Whitehouse, a Democrat, offered additional evidence on the floor of the Senate Wednesday. He cited the Congressional Budget Office’s score of the repeal of the program of $19 million, noting that it was the amount “EPA had remaining to oversee the program” and that “at no point in our discussions with the majority, directly or in our several conversations with the Parliamentarian, was this score disputed.” Whitehouse also called up a previous statement made by Republican Representative Morgan Griffith, a member of the House Energy and Commerce Committee, during a markup of the bill. “I just want to point out that these provisions that we are talking about only apply as far, as this bill is concerned, to the unobligated balances,” Griffith said.
Regardless, it will be up to the D.C. Circuit Court as to whether the lower court’s injunction was warranted. If it agrees, the nonprofit awardees may still, in fact, be able to get the money flowing for clean energy projects.
“Wishful thinking on the part of DOJ does not moot the ongoing litigation,” Whitehouse said.