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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 Column details 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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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.