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Smoke from unseasonable wildfires is choking the eastern seaboard. Yet Democratic leaders aren’t drawing the obvious lessons, and Republicans remain in denial.
The air in New York City this week has been measured as the worst of any major city in the entire world. At time of writing, its air quality index was measured at 332 — well into the most extreme category of “hazardous,” or nearly twice as bad as second-place Dubai, and the worst figure ever recorded since the EPA started keeping track in 1999.
While New York City had it exceptionally bad, the air was also wretched in Boston, my home city of Philadelphia, and Washington, D.C. Conditions are expected to remain grim through the weekend. The reason for this is a combination of severe wildfires breaking out all across Canada, and unfortunate regional wind patterns swirling the smoke all over the eastern U.S.
One would think this would make a perfect moment to illustrate the dangers of climate change. Not only is it a clear and present danger to the health of the American people that is almost certainly related to climate change — seemingly every couple months another study comes out finding that air pollution is much worse than previously thought — it also illustrates that only coordinated international action can address the problem.
But so far one would be wrong. President Biden has not taken the opportunity to build public support for his signature climate legislation, nor have other Democratic leaders. Republicans, with their habitual focus on doing the most obnoxious and stupid possible thing in every circumstance, had been planning to pass a bill “protecting” gas stoves, but failed because the so-called Freedom Caucus is mad about the debt ceiling deal. The mind reels.
Now, one must include the usual caveat that it’s impossible to say whether or not this particular spree of wildfires was specifically caused by climate change. However, we can say that higher temperatures make this kind of thing much more likely, by raising temperatures that make combustion easier and drying out the forests. We can also say that this Canadian wildfire season is wildly worse than what is typical at this time of year. According to the Canadian government, previously this early in the season there have been, on average, 1,624 fires that have burned about a quarter million hectares. This year we’ve seen over 2,200 fires that have burned over three million hectares. With months left in the summer this has already been one of the worst fire seasons on record.
There are some aspects of climate disasters that one might conceivably keep out of the country. Climate refugees can be left to rot and die, and seawalls might be built around threatened cities (not in Florida). Smoke is not like this. You can’t build a wall that prevents air from circulating across the 8,900 mile border between Canada and the U.S. And while rich people might buy fancy air purifiers or respirators, those are poor substitutes for fresh outdoor air and blue skies. Everybody loses when New York City turns into Blade Runner 2049.
So on the Republican side, all this illustrates the grievance perpetual motion machine that has made the party utterly incapable of rational thought. The gas stove measure mentioned above was supposedly meant to stop the government from banning that type of cooking device. There are just a few problems here. The first is that there is no prospect whatsoever of such a ban actually happening. One stray comment from a commissioner of the Consumer Product Safety Commission about the potential of such a ban has been blown ludicrously out of proportion so that conservative elites like Ron DeSantis can howl about being the victims of imaginary liberal oppression.
Second, the argument for replacing gas stoves with electric is based primarily on the fact that lighting an open flame in your home is terrible for air quality. Gas stoves release benzene, nitrogen dioxide, and other toxins that increase the risk of developing respiratory illness, particularly for children. Moreover, induction electric stoves are cleaner, faster, and more accurate in their temperature control than gas ones. There’s no reason to prefer gas, aside from price — hence the Inflation Reduction Act’s subsidies for electric stoves.
But even that doesn’t plumb the depths of Freedom Caucus madness. They were all in favor of the gas stove bill, and only blocked it because the debt ceiling compromise wasn’t as close to their ransom demand for raising the ceiling. That demand included a repeal of the IRA’s core structure: the enormous tax credits for renewable investment and production. That not only would create more air pollution directly by prolonging the life of carbon fuel power plants, it also would accelerate climate change, creating more smoke-spewing wildfires. On the very day when America’s largest population complex is choking under a plume of unprecedented wildfire smoke, conservative Republicans are angrily demanding more deadly coal and natural gas pollution, more deadly galloping wildfires, and more deadly stove pollution in the home.
This isn’t the first time we’ve seen this kind of suicidal political insanity. During the pandemic, we saw literally tens of thousands of loyal Republican base voters and numerous right-wing regional radio hosts die because they believed lunatic propaganda about the COVID vaccines. If the Freedom Caucus has their druthers, many thousands more will die from preventable respiratory illnesses.
On the Democratic side, let me emphasize that the East Coast smoke problem is not a “both sides” situation. Failing to point out that you’re doing the right thing, as Biden and congressional Democrats have done with the IRA, is not remotely as bad as trying to do the wrong thing while that thing is causing mass asthma attacks among schoolchildren.
That said, it is still negligent not to draw the obvious conclusion in public, loudly and repeatedly. Adam Johnson at The Columndetails how on Tuesday, all the major TV evening news broadcasts covered the smoke disaster without so much as mentioning the possibility of climate change. If Biden and other Democratic leaders had been bringing it up over and over again, that likely would have been very different.
And just in terms of political messaging, it is vitally important to bring home to the average American that this smoke plume is just a tiny sample of what unchecked climate change is going to do. If America and the rest of the world don’t undertake unprecedented, sustained decarbonization efforts over the next several decades, this current haze will seem like paradise compared to what is coming.
Polling shows that few Americans are familiar with the provisions of the IRA, and those that have are skeptical of what it might accomplish. As David Roberts points out on the Volts podcast, because of how the law delegates spending, how much it can achieve is to a great degree up to the efforts of states and localities. Republicans might be out of their gourds, but Democrats should be taking every opportunity to sell their most significant accomplishment in generations.
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On congestion pricing, carbon capture progress, and Tim Kaine.
Current conditions:New Orleans is experiencing another arctic blast, with wind chills near 20 degrees Fahrenheit on Thursday • Continued warm, dry conditions in India threaten the country’s wheat crop • Heavy rain in Botswana has caused widespread flooding.
Environmental groups filed their first lawsuit against the Trump administration on Wednesday, challenging Trump’s moves to open up public lands and waters to oil and gas drilling. Sierra Club, Greenpeace, the Natural Resources Defense Council, the Center for Biological Diversity, and Oceana, among others, are contesting the president’s executive order revoking Joe Biden’s protections of parts of the Gulf of Mexico and the Arctic, Pacific, and Atlantic Oceans from oil and gas leasing. The groups claim that the president has the authority to create these protections but not to withdraw them — a right reserved for Congress — and notes that a federal court confirmed this after Trump attempted to undo similar Obama-era protections during his first term.
President Trump made his move to kill New York City’s congestion pricing program on Wednesday. In a letter to Governor Kathy Hochul, Department of Transportation Secretary Sean Duffy said he was reversing the Department of Transportation’s approval of the scheme, citing the impacts on drivers and claiming the program violated federal statute. Trump declared it “DEAD” in a Truth Social post, where he also proclaimed that New York had been “SAVED” and closed with “LONG LIVE THE KING.” The Metropolitan Transit Authority, which runs the program and relies on funding from it, immediately challenged the decision in a federal court and said it would continue to operate the program “unless and until a court orders otherwise.”
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A sweeping annual report from BloombergNEF and the Business Council for Sustainable Energy has a number of hopeful and concerning stats about what happened in America’s energy transition last year.
The Good:
Chart courtesy of the Business Council on Sustainable Energy
The Bad:
The same BNEF report also paints a lackluster picture of clean hydrogen and carbon capture development, two technologies that should benefit from generous federal subsidies. The U.S. had just 79 megawatts of “green” hydrogen production capacity by the end of 2024, with plans to build 34.7 gigawatts in the coming years.
The hydrogen industry was in limbo last year as it awaited final rules for claiming the production tax credit. Green hydrogen is made from carbon-free electricity and water. But most hydrogen announcements in 2024 — some 77% — were for “blue” hydrogen, which is made from natural gas using carbon capture. And while there’s a growing pipeline of carbon capture projects, with plans to deploy the tech in new sectors like ammonia and chemical production, U.S. carbon capture capacity has remained unchanged since 2020.
In a press conference on Wednesday, Senators Tim Kaine of Virginia and Martin Heinrich of New Mexico detailed their plan to invalidate President Trump’s declaration of an energy emergency. In early February, the two introduced what’s called a “privileged joint resolution” to terminate the emergency declaration, a type of legislation that the Senate is required to vote on. “We’re going to force a vote, force everybody to declare where they are on this sham emergency declaration,” Kaine said. Kaine and Heinrich made the case that the U.S. produced more oil and gas last year than at any point in history, and discussed the many domestic manufacturing projects and jobs that President Trump’s war on clean energy has put under threat. The vote is expected next week.
Sweden’s Supreme Court threw out a class action lawsuit brought by Greta Thunberg and other activists against the nation for not doing enough to stop climate change.
And it’s doing so in the most chaotic way possible.
The Trump administration filed a rule change this past weekend to remove key implementation regulations for the National Environmental Policy Act, a critical environmental law that dates back to 1969. While this new rule, once finalized, wouldn’t eliminate NEPA itself (doing so would take an act of Congress), it would eliminate the authority of the office charged with overseeing how federal agencies interpret and implement the law. This throws the entire federal environmental review process into limbo as developers await what will likely be a long and torturous legal battle over the law’s future.
The office in question, the Council on Environmental Quality, is part of the Executive Office of the President and has directed NEPA administration for nearly the law’s entire existence. Individual agencies have their own specific NEPA regulations, which will remain in effect even as CEQ’s blanket procedural requirements go away. “The argument here is that CEQ is redundant and that each agency can implement NEPA by following the existing law,” Emily Domenech, a senior vice president at the climate-focused government affairs and advisory firm Boundary Stone, told me. Domenech formerly served as a senior policy advisor to current and former Republican Speakers of the House Mike Johnson and Kevin McCarthy.
NEPA has been the subject of growing bipartisan ire in recent years, as lengthy environmental review processes and a barrage of lawsuits from environmental and community groups have delayed infrastructure projects of all types. While the text of the pending rule is not yet public, the idea is to streamline permitting and make it easier for developers to build. In theory that would include expediting projects such as solar farms and clean energy manufacturing facilities; in reality, under the Trump administration, the benefits could redound to fossil fuel infrastructure first and foremost.
On his first day back in office, Trump issued an executive order entitled Unleashing American Energy, which instructed CEQ to provide new, nonbinding guidance on NEPA implementation and “propose rescinding” its existing regulations within 30 days. Time is up, and CEQ published its first round of guidance late Wednesday night. So far it’s pretty bare bones, though as Hochman pointed out, it notably does away with environmental justice considerations as well as the need to take the “cumulative” environmental effect of an action into account, as opposed to simply the “reasonably foreseeable effects.” It also looks to exempt certain projects that receive federal loans from the NEPA process.
But gutting CEQ’s regulatory capacity via this so-called “interim final rule” is a controversial move of questionable legality. Interim final rules generally go into effect immediately, thus skirting the requirement to gather public comment beforehand. Expediting rules like this is only allowed in cases where posting advance notice and taking comments is deemed “impracticable, unnecessary, or contrary to the public interest.”
It’s almost certain that this interim rule will be challenged in court. Sierra Club senior attorney Nathaniel Shoaff certainly thinks it should be. “This action is rash, unlawful, and unwise. Rather than making it easier to responsibly build new infrastructure, throwing out implementing regulations for NEPA will only serve to create chaos and uncertainty,” Shoaff said in a statement. “The Trump administration seems to think that the rules don’t apply to them, but we’re confident the courts will say otherwise.”
Thomas Hochman, director of infrastructure at the center-right think tank Foundation for American Innovation, disagrees. “I think environmental groups will sue, and I think they’ll lose,” he told me. Hochman cited a surprising decision issued by the D.C. Circuit Court of Appeals last November, which stated that CEQ did not have the authority to issue binding NEPA regulations, and that it was never intended to "act as a regulatory agency rather than as an advisory agency.” This ruling ultimately made it possible for Trump to so radically reimagine CEQ’s authority in his executive order.
“I would expect environmentalists on the left to challenge any Trump administration actions on NEPA,” Domenech told me. “But I actually think that the Trump team welcomes that, because they'd love to get quicker, decisive rulings on whether or not CEQ even had this authority to begin with.”
NEPA, which went into effect before the Environmental Protection Agency was even created, is a short law with the simple goal of requiring federal agencies to take the environmental impact of their work into account. But responsibility for the law’s implementation has always fallen to CEQ, which created a meticulous environmental review and public input process — perhaps too meticulous for an era that demands significant, rapid infrastructure investment to enable the energy transition.
Recognizing this, the Biden administration tried to rein in NEPA and expedite environmental review via provisions in the 2023 Fiscal Responsibility Act, which included imposing time limits on Environmental Assessments and Environmental Impact Statements and setting page limits for these documents. But as Hochman sees it, these well intentioned reforms didn’t make much of a dent. “It was up to CEQ to take the language from the Fiscal Responsibility Act and then write their interpretation of it,” he told me. “And what CEQ basically did was they grafted it back into the status quo.” Now that those regulations are kaput, however, Hochman thinks the Fiscal Responsibility Act’s amendments will have much more power to narrow NEPA’s mandate.
Trump’s executive order requires the yet-to-be-announced chair of CEQ to coordinate a revision of each individual agency’s NEPA regulations, a process that the recent CEQ guidelines allow 12 months for. But developers can’t afford to sit around. So in the meantime, CEQ recommends (but can’t enforce) that agencies “continue to follow their existing practices and procedures for implementing NEPA” and emphasizes that “agencies should not delay pending or ongoing NEPA analyses while undertaking these revisions.” That said, chaos and confusion are always an option. As Hochman explained, many current agency regulations reference the soon-to-be defunct CEQ regulations, which could create legal complications.
Hochman told me he still thinks CEQ has an important role to play in a scaled-down NEPA landscape. “CEQ ideally will define pretty clearly the framework that agencies should abide by as they write their new regulations,” he explained. For example, he told me that CEQ should be responsible for interpreting critical terms such as what constitutes a “major federal action” that would trigger NEPA, or what counts as an action that “normally does not significantly affect the quality of the human environment,” which would exempt a project from substantial environmental review.
No doubt many of these interpretations will wind up in court. “You will probably see up front litigation of these original definitions, but once they’ve been decided on by higher courts, they won’t really be an open question anymore,” Hochman told me. Basically, some initial pain for lots of future gain is what he’s betting on. Once the text of the interim rule is posted and the lawsuits start rolling in, we’ll check in on the status of that wager.
Editor’s note: This story has been updated to reflect the publication of CEQ’s new guidance on NEPA implementation.
Trump called himself “king” and tried to kill the program, but it might not be so simple.
The Trump administration will try to kill congestion pricing, the first-in-the-nation program that charged cars and trucks up to $9 to enter Manhattan’s traffic-clogged downtown core.
In an exclusive story given to the New York Post, Secretary of Transportation Sean Duffy said that he would rescind the U.S. Transportation Department’s approval of the pricing regime.
“The toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways,” Duffy told the Post.
He did not specify an end date for the program, but said that he would work with New York to achieve an “orderly termination” of the tolls. But it’s not clear that he can unilaterally end congestion pricing — and in any case, New York is not eager to work with him to do so.
The attempted cancellation adds another chapter to the decades-long saga over whether to implement road pricing in downtown New York. And it represents another front in the Trump administration’s war on virtually any policy that reduces fossil fuel use and cuts pollution from the transportation sector, the most carbon-intensive sector in the U.S. economy.
“CONGESTION PRICING IS DEAD. Manhattan, and all of New York, is SAVED,” Trump posted on Truth Social, the social network that he owns. “LONG LIVE THE KING!”
The Metropolitan Transit Authority, the state agency that oversees New York’s tolling and transit system, has filed to block the cancellation in court. In a statement, New York Governor Kathy Hochul said that Trump didn’t have the authority to kill the tolling program.
“We are a nation of laws, not ruled by a king,” Hochul said. “We’ll see you in court.”
Since it started on January 5, congestion pricing has charged drivers up to $9 to drive into Manhattan south of 60th Street. With its launch, New York joined a small set of world capitals — including London, Singapore, and Stockholm — to use road pricing in its central business district.
Even in its first weeks in Gotham, congestion pricing had seemingly proven successful at its main goal: cutting down on traffic. Travel times to enter Manhattan have fallen and in some cases — such as driving into the Holland Tunnel from New Jersey — have been cut in half during rush hour, according to an online tracker built by economics researchers that uses Google Maps data.
Anecdotally, drivers have reported faster drive times within the city and much less honking overall. (I can affirm that downtown is much quieter now.) City buses zoomed through their routes, at times having to pause at certain stops in order to keep from running ahead of their schedules.
The program has been so successful that it had even begun to turn around in public polling. Although congestion pricing was incredibly unpopular during its long gestation, a majority of New Yorkers now support the program. In early February, six of 10 New Yorkers said that they thought Trump should keep the program and not kill it, according to a Morning Consult poll.
That matches a pattern seen in other cities that adopt congestion pricing, where most voters hate the program until they see that it successfully improves travel times and reduces traffic.
While Trump might now be claiming regal powers to block the program, the toll’s origin story has been democratic to a fault. Although congestion pricing has been proposed in New York for decades, the state’s legislature approved the program in 2019 as part of its long-running search for a permanent source of funding for the city’s trains and buses.
The federal government then studied the program for half a decade, first under Trump, then under Biden, generating thousands upon thousands of pages of environmental and legal review. At long last, the Biden administration granted final approval for the program last year.
But then congestion pricing had to clear another hurdle. In June, Hochul paused the program at the last moment, hoping to find another source of permanent funding for the city’s public transit system.
She didn’t. In November, she announced that the program would go into effect in the new year.
It’s not clear whether the Trump administration can actually kill congestion pricing. When the Biden administration approved the program, it did so essentially as a one-time finding. Duffy may not be able to revoke that finding — just like you can’t un-sign a contract that you’ve already agreed to.
In his letter to Hochul, Duffy argues that congestion pricing breaks a longstanding norm that federally funded highways should not be tolled. “The construction of federal-aid highways as a toll-free highway system has long been one of the most basic and fundamental tenets of the federal-aid Highway Program,” he says.
That argument is surprising because federal highways in Manhattan — such as the West Side Highway — are excluded from the toll by design. Drivers only incur the $9 charge when they leave highways and enter Manhattan’s street grid. And drivers can use the interstate highway system but avoid the congestion charge by entering uptown Manhattan through Interstate 95 and then parking north of 60th Street.
Duffy also argues that the tolling program is chiefly meant to raise revenue for the MTA, not reduce congestion. The federal government’s approval of pilot congestion pricing programs is aimed at cutting traffic, he says, not raising revenue for state agencies.
In its lawsuit, the MTA asserts that Duffy does not have the right to revoke the agreement. It also says that he must conduct the same degree of environmental review to kill the program that the first Trump administration required when the program was originally proposed.
“The status quo is that Congestion Pricing continues, and unless and until a court orders otherwise, plaintiffs will continue to operate the program as required by New York law,” the MTA’s brief says.