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Talking to legislators from New York, Washington, Massachusetts, and New Jersey about what’s under threat, what’s safe, and the strain of it all.
State lawmakers around the country are negotiating budgets for the coming year amid unprecedented uncertainty. Any decisions they make now about how to spend state money may need to be revisited after Congress finishes its budget reconciliation bill, which could hollow out Medicaid, the largest pot of federal funds that most states receive.
On the climate and clean energy front, the Trump administration has been trying to claw back money allocated to states for electric vehicle charging, home energy retrofits, electric school buses, utility bill assistance, and more. Even longstanding tax credits that states rely on to transition to renewable energy are at risk. On top of all this, the president has threatened to sic his attorney general on states with ambitious climate policies.
I wanted to know how all of this was affecting the way the most forward-thinking state leaders on climate were contemplating their next steps. States passed some of their most ambitious policies to fight climate change during Donald Trump’s first term as president, and they are the best chance the U.S. has to continue making progress over the next four years. But if last time the administration was throwing sand in the gears of climate action, this time it’s trying to tear up the road entirely.
After talking to state senators and representatives in Washington, Massachusetts, New York, and New Jersey, it was clear that every faced its own unique set of considerations and challenges, but there were a few recurring themes.
“We’re in this weird no-man’s land,” New York State Senator Liz Krueger told me. Between losing access to funds the state was relying on and uncertainty around how the Trump administration will reshape environmental protection and clean energy tax credits, “the agenda we might have set out for ourselves a year ago does not necessarily jive with the reality we must now confront.”
Krueger was frustrated because New York has been in the process of developing a new revenue-raiser to help pay for climate programs called Cap-and-Invest, but it’s behind schedule. Eventually it will place a cap on carbon emissions from major polluters and charge them fees when they surpass it — but draft rules for the program are more than a year overdue. Governor Kathy Hochul has not said when her administration will get them out, and environmental groups are now suing the state for putting its climate targets at risk.
The delay has been “quite aggravating,” Krueger told me. But at the same time, she’s worried that if and when the regulations are out, the Trump administration will try to shut down the program. Trump signed an executive order in early April directing his attorney general to identify and “stop the enforcement” of state climate programs that “are or may be unconstitutional.” The order specifically called out California’s carbon cap and trade program, which is similar to the one New York is developing.
“I don’t think we should stop moving forward as planned. But I think hanging over us is the concern that the feds will try to stop us,” Krueger said. She hasn’t sensed much appetite in the legislature to propose new climate programs this session, but she said she’s still hoping to get through a bill that she’s sponsored for the past few years requiring utility regulators to develop a strategy to transition buildings away from using natural gas for heating — although again, she wondered aloud if Trump would quickly try to shut it down.
Washington State, on the other hand, already has a cap-and-invest program in place. Representative Joe Fitzgibbon, of Seattle was the most optimistic of the state legislators I spoke to. “Our legal framework for fighting climate change was not predicated on federal dollars,” he told me. Last year, the state spent nearly half a billion dollars raised through that program on a wide range of projects to enhance wildfire prevention, improve energy efficiency in schools and homes, install electric vehicle chargers, and electrify buildings and vehicles. “We’re not backing off on any of our policies or any of our targets,” he said.
Fitzgibbon was unconcerned about the executive order. Legal experts are skeptical that the courts would side with the White House in any challenges to state climate laws. Trump also went after California’s cap and trade law during his first term and lost. “We think it’s bluster. We think it’s him trying to get headlines, and we’re just not inclined to fan the flames,” he told me.
Instead, Fitzgibbon is pushing forward with a bill this session to strengthen the state’s clean fuel standard. Current law requires a 20% reduction in greenhouse gas emissions from on-road transportation by 2034, and his amendment would increase that to between 45% and 55% by 2038.
New York is also behind on its goal to procure 9 gigawatts of offshore wind by 2035. The state only has power purchase agreements with three offshore wind farms — the small South Fork project, which is already operating, and two larger ones under construction — for a total of 1.8 gigawatts. Then shortly after Krueger and I spoke, the Trump administration issued a stop work order on one of those bigger projects, Empire Wind. Since Trump has also paused federal permitting for new offshore wind projects, Krueger wasn’t sure whether New York officials would even try to solicit for additional contracts. “There’s no good answers,” she said, with a sigh.
Offshore wind is a major element of New Jersey’s plans to cut emissions, as well. But the Trump administration recently pulled the permits for the Atlantic Shores wind farm, the only project serving New Jersey that had said permits.
State Senator Andrew Zwicker told me the sector was already struggling due to rising costs, supply chain issues, and local opposition. Even before Trump came into office, he said, he’s had to fight to keep renewable energy on the agenda. “There is a narrative that we can’t afford renewables, and that the way to go is you need resiliency and redundancy. And the only way to do that is, in our case, with natural gas,” Zwicker told me. He hears that story from Republicans — but also, increasingly, from Democrats. “That’s being driven by the cost of electricity more than it’s being driven by an executive order from Trump,” he added.
There is one source of funding for climate action that all states have access to that may be more impervious to federal interference. This came up during my call with Michael Barrett, a State Senator in Massachusetts, who asserted that “most of our climate policies don’t require budgeting.” That’s because the legislature has designed many of the state’s clean energy programs — including the buildout of electric vehicle infrastructure, rebates for heat pumps and energy efficiency, and compliance with the state’s renewable energy standard — to be funded by fees on monthly electric and gas bills.
Massachusetts is still really early in its legislative calendar — it operates on a two-year schedule and has barely started holding hearings for bills — but Barrett said there are some strategic shifts the state should make in light of Trump’s actions. For example, Trump has stymied offshore wind development, but Barrett said there was less the president could do to hurt solar. “So if you want to preserve the state’s industrial clean energy capacity,” he said, “you pivot to both behind the meter and in front of the meter solar on the ground, on the roofs, on canopies.” He also advocated for more subsidies for EV charging infrastructure rather than for electric vehicles themselves. “You forgo subsidizing individual drivers,” he said. “Many of them will purchase EVs anyhow, because they can afford to, and you focus on getting the charging infrastructure into the ground.”
All of the other state legislators I surveyed for this piece have similar programs financed through utility bills. In general, utility regulation is an area where state leaders have significant sway. In New Jersey, for example, Senator Zwicker is working on a bill that would require utilities to invest in “grid enhancing technologies,” equipment that enables power lines to transmit more electricity without having to totally replace the line or build a new one. That could go a long way to bringing more renewable energy online in the future. In New York, Krueger’s big priority for this year is to pass her New York Heat Act, which would significantly change how gas utilities are regulated, prioritizing transitioning away from gas to electric heating, and cutting the subsidies that customers pay to expand the gas system.
Though Barrett saw the ability for states to tack the cost of clean energy onto utility bills as reassuring, Zwicker found it concerning. “Every year, I personally have gotten more and more uncomfortable with putting everything on the backs of ratepayers,” he told me. “And we don’t have another model in place right now, so there’s no way to do anything else.”
New Jersey is facing many of the same challenges as New York and Massachusetts. The state’s economy has also taken a downturn, Zwicker told me, and budgets are tight. Governor Phil Murphy has proposed cuts to many areas, including climate spending. Zwicker said one of his big focuses right now is finding money to help low-income customers pay their utility bills, as the Trump administration is attempting to zero out federal funding for a longstanding energy assistance program.
New Jersey does have some money coming in for clean energy through utility bill fees, and it also funds climate action with proceeds from the Regional Greenhouse Gas Initiative, a program that charges power plant operators for their emissions. (Massachusetts and New York participate as well.)
But Zwicker was deeply concerned about the loss of federal funding and support. “New Jersey just can’t afford to do this by itself,” he told me. Electricity costs there are already among the highest in the country. “This is a national emergency, and the federal government has got to be a strong partner. Regardless of the fight over how we’re producing energy, if we can’t transmit it, if we don’t have a robust grid, that is as basic an infrastructure as is a highway or a bridge. Under this administration, it’s far from clear that they’ll put a penny towards anything around energy, period.”
Even Washington is not quite sitting pretty. Like New Jersey, the state is in a “pretty severe budget crisis,” Fitzgibbon said, and not in a position to backfill lost federal dollars. Its economy has taken a downturn after a post-pandemic spike. One thing the legislature is doing in response is re-allocating money in the budget that in the past had been set aside for technical assistance to help households, businesses, and Tribes apply for government grants — since federal dollars will likely be scarce, anyway. While the state can still make progress with its cap and invest funds, which can’t be re-allocated to other budget lines, grant funding from the Inflation Reduction Act would help the state cut emissions faster and more cost-effectively, he said. Washington was in line to get $71 million for electric vehicle charging and $21 million for truck charging, for example, but the Trump administration is trying to claw back that funding.
At the end of my interviews, I asked lawmakers what they wanted people to know about what it’s like to do their jobs right now. Zwicker emphasized the sheer scale of the challenge of putting together a budget — especially one that advances climate action — under these circumstances. “Being part of a committee to put a budget together is always a challenge,” he said, “but when you add the threat of over a billion dollars of cuts to our school children, up to $10 billion to $14 billion of cuts for healthcare for seniors and the poor, and then you say, we need to continue to push on New Jersey’s clean energy goals, and get ourselves off of our addiction to fossil fuels, it’s an incredibly challenging task.”
Barrett wanted to make it clear that climate progress would continue under Trump. He said that even if Medicaid was gutted, the state’s efforts to cut emissions would suffer less than local public education — again, because so much of it is financed and implemented through utility regulation. “He can do a great deal of harm, but he cannot kill the resistance to climate change,” Barrett said of Trump. “We would have to play catch up in a big way after he left, but I suspect that we’re going to have to play catch up anyway.”
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The Environmental Protection Agency just unveiled its argument against regulating greenhouse emissions from power plants.
In federal policymaking, the weight of the law can rest on a single word. When it comes to reducing planet-warming emissions from the power sector, that word is “significantly.” The Clean Air Act requires the Environmental Protection Agency to regulate any stationary source of emissions that “causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.”
The EPA has considered power plants a significant source of dangerous greenhouse gases since 2015. But today, Trump’s EPA said, actually, never mind.
A proposed rule published in the Federal Register on Wednesday argues that U.S. fossil fuel-fired power plants make up “a small and decreasing part of global emissions” and therefore are not significant, and do not require regulation under the law. The rule would repeal all greenhouse gas emission standards for new and existing power plants — both the standards the Biden administration finalized last year, which have been tied up in court, as well as the standards that preceded them, which were enacted by Obama in 2015.
In a separate proposal, the EPA also took steps to repeal limits on mercury and hazardous air pollutants from coal plants that were enacted last year, reverting the standard back to one set in 2012.
The argument that U.S. power plants make up a small sliver of global emissions and thus aren’t worth addressing is like having “a five-alarm fire that could be put out if you send out all the trucks, and you don’t send any of the trucks because no one truck could put the fire out by itself,” David Doniger, a senior attorney and strategist at the Natural Resources Defense Council, told me. “We just think that is a wacky reversal and a wacky interpretation of the Clean Air Act.”
When you add up every plug, power button, and light switch across the country, electricity usage produces 25% of U.S. greenhouse gas emissions each year. Over the past 30 years, American power plants have contributed about 5% of the total climate pollution spewed into the atmosphere worldwide.
In the global context, that may sound small. But in a recent report titled “The Scale of Significance," New York University’s Institute for Policy Integrity estimated that if U.S. power plants were a country, it would be the sixth biggest emitter in the world, behind China, the European Union, India, Russia, and the remainder of U.S. emissions. The report also notes that U.S. actions on emissions make other countries more likely to follow, due to technological spillovers that reduce the cost of decarbonization globally.
In addition to the significance finding, the EPA gave two other reasons for repealing the power plant rules. It argued that “cost-effective control measures are not reasonably available,” meaning there’s no economic way to reduce emissions at the source. It also said the new administration’s priority “is to promote the public health or welfare through energy dominance and independence secured by using fossil fuels to generate power.”
The first argument is an attempt to say that Biden’s standards flouted the law. In 2022, the Supreme Court ruled that the EPA could not simply tell states to reduce emissions from the power sector, which is what the Obama administration had initially tried to do. Instead, the agency would have to develop standards that could be applied on a plant-by-plant basis — so long as those rules were “cost-reasonable” and “adequately demonstrated.”
To comply with that ruling, Biden’s EPA based its standards on the potential to install carbon capture technology that can reduce flue gas emissions by 90%. The regulations would have required existing coal plants to install carbon capture by 2039, or else shut down. (To the chagrin of many energy system observers, the administration chose not to apply limits to existing gas-fired power plants.) But while fossil fuel companies and utilities had, in the past, asserted that carbon capture was viable, they deemed the standards impossible to meet.
Trump’s EPA is now agreeing. “In 2024,” Zeldin said on Wednesday, “rules were enacted seeking to suffocate our economy in order to protect the environment, to make all sorts of industries including coal and more disappear, regulate them out of existence.”
When Trump moved to overturn Obama’s power plant regulations during his first term, his EPA did not contest the significance of the sector’s emissions, and simply enacted a weaker standard. A week before he left office, the agency also finalized a rule that set the threshold for “significance” at 3% of U.S. emissions — which exempted major polluters like refineries, but still applied to power plants.
This time, Trump has a new apparent game plan: Strip the Clean Air Act of its jurisdiction over greenhouse gases altogether. Today’s action was the first step; EPA Administrator Lee Zeldin has said the agency will similarly “reconsider” emissions rules for cars and oil and gas drilling. But the cornerstone of the plan is to reverse what’s known as the “endangerment finding” — the 2009 conclusion that greenhouse gases present a threat to public health and welfare, and therefore are one of the pollutants EPA must address under the Clean Air Act.
“The Trump administration is trying to say, don’t worry about the Clean Air Act. It will never apply, so you can go back to your old ways,” said Doniger. But if the argument that power plant emissions are insignificant is a stretch, appraising greenhouse gas emissions as benign is inconceivable, he said. “The endangerment finding was based, in 2009, on a Denali-sized mountain of evidence. Since then, it’s grown to Everest-size, so there’s no way that they would be able to put together a rational record saying the science is wrong.”
These highly technical questions of whether emissions are “significant” or whether carbon capture is “adequately demonstrated” could soon be determined by a group of people who lack both the expertise to answer them and the inclination to wade through thousands of pages of atmospheric science and chemical engineering documents: judges.
Last year, the Supreme Court overturned a long-held precedent known as Chevron deference. That ruling means that the courts are no longer required to defer to an agency’s interpretation of statute — judges must make their own determinations of whether agencies are following the intent of the law.
When environmental groups begin challenging the EPA’s repeals in court, judges are “going to be bombarded with the need to make these highly technical, nuanced decisions,” Michael Wara, a lawyer and scholar focused on climate and energy policy at Stanford University, told me. He said the reason Chevron deference was established in the first place is that judges didn’t want to be making engineering decisions about power plants. “They felt extremely uncomfortable having to make these calls.”
The conservative Supreme Court overturned the precedent because of a sense that political decisions were being dressed up in scientific reasoning. But Wara doesn’t think the courts are going to like being put back into the role of weighing technical minutia and making engineering decisions.
“It’s a past that the courts didn’t like and they tried to engineer a way out of via the Chevron doctrine,” he said. “I would expect that we’re going to see a drift back toward a doctrine that looks a little bit more Chevron-like, maybe less deference to agencies. But it’s hard to predict in the current environment what’s going to happen.”
Look more closely at today’s inflation figures and you’ll see it.
Inflation is slowing, but electricity bills are rising. While the below-expectations inflation figure reported by the Bureau of Labor Statistics Wednesday morning — the consumer price index rose by just 0.1% in May, and 2.4% on the year — has been eagerly claimed by the Trump administration as a victory over inflation, a looming increase in electricity costs could complicate that story.
Consumer electricity prices rose 0.9% in May, and are up 4.5% in the past year. And it’s quite likely price increases will accelerate through the summer, thanks to America’s largest electricity market, PJM Interconnection. Significant hikes are expected or are already happening in many PJM states, including Maryland,New Jersey,Delaware, Pennsylvania, and Ohio with some utilities having said they would raise rates as soon as this month.
This has led to scrambling by state governments, with New Jersey announcing hundreds of millions of dollars of relief to alleviate rate increases as high as 20%. Maryland convinced one utility to spread out the increase over a few months.
While the dysfunctions of PJM are distinct and well known — new capacity additions have not matched fossil fuel retirements, leading to skyrocketing payments for those generators that can promise to be on in time of need — the overall supply and demand dynamics of the electricity industry could lead to a broader price squeeze.
“Trump and JD Vance can get off tweets about how there’s no inflation, but I don’t think they’ll feel that way in a week or two,” Skanda Amarnath, executive director of Employ America, told me.
And while the consumer price index is made up of, well, almost everything people buy, electricity price increases can have a broad effect on prices in general. “Everyone relies on energy,” Amarnath said. “Businesses that have higher costs can’t just eat it.” That means higher electricity prices may be translated into higher costs throughout the economy, a phenomenon known as “cost-push inflation.”
Aside from the particular dynamics of any one electricity market, there’s likely to be pressure on electricity prices across the country from the increased demand for energy from computing and factories. “There’s a big supply adjustment that’s going to have to happen, the data center demand dynamic is coming to roost,” Amarnath said.
Jefferies Chief U.S. Economist Thomas Simons said as much in a note to clients Wednesday. “Increased stress on the electrical grid from AI data centers, electric vehicle charging, and obligations to fund infrastructure and greenification projects have forced utilities to increase prices,” he wrote.
Of course, there’s also great uncertainty about the future path of electricity policy — namely, what happens to the Inflation Reduction Act — and what that means for prices.
The research group Energy Innovation has modeled the House reconciliation bill’s impact on the economy and the energy industry. The report finds that the bill “would dramatically slow deployment of new electricity generating capacity at a time of rapidly growing electricity demand.” That would result in higher electricity and energy prices across the board, with increases in household energy spending of around $150 per year in 2030, and more than $260 per year in 2035, due in part to a 6% increase in electricity prices by 2035.
In the near term, there’s likely not much policymakers can do about electricity prices, and therefore utility bills going up. Renewables are almost certainly the fastest way to get new electrons on the grid, but the completion of even existing projects could be thrown into doubt by the House bill’s strict “foreign entity of concern” rules, which try to extricate the renewables industry from its relationship with China.
“We’re running into a set of cost-push dynamics. It’s a hairy problem that no one is really wrapping their heads around,” Amarnath said. “It’s not really mainstream yet. It’s going to be.”
In some relief to American consumers, if not the planet, while it may be more expensive for them to cool their homes, it will be less expensive to get out of them: Gasoline prices fell 2.5% in May, according to the BLS, and are down 12% on the year.
Six months in, federal agencies are still refusing to grant crucial permits to wind developers.
Federal agencies are still refusing to process permit applications for onshore wind energy facilities nearly six months into the Trump administration, putting billions in energy infrastructure investments at risk.
On Trump’s first day in office, he issued two executive orders threatening the wind energy industry – one halting solar and wind approvals for 60 days and another commanding agencies to “not issue new or renewed approvals, rights of way, permits, leases or loans” for all wind projects until the completion of a new governmental review of the entire industry. As we were first to report, the solar pause was lifted in March and multiple solar projects have since been approved by the Bureau of Land Management. In addition, I learned in March that at least some transmission for wind farms sited on private lands may have a shot at getting federal permits, so it was unclear if some arms of the government might let wind projects proceed.
However, I have learned that the wind industry’s worst fears are indeed coming to pass. The Fish and Wildlife Service, which is responsible for approving any activity impacting endangered birds, and the U.S. Army Corps of Engineers, tasked with greenlighting construction in federal wetlands, have simply stopped processing wind project permit applications after Trump’s orders – and the freeze appears immovable, unless something changes.
According to filings submitted to federal court Monday under penalty of perjury by Alliance for Clean Energy New York, at least three wind projects in the Empire State – Terra-Gen’s Prattsburgh Wind, Invenergy’s Canisteo Wind, and Apex’s Heritage Wind – have been unable to get the Army Corps or Fish and Wildlife Service to continue processing their permitting applications. In the filings, ACE NY states that land-based wind projects “cannot simply be put on a shelf for a few years until such time as the federal government may choose to resume permit review and issuance,” because “land leases expire, local permits and agreements expire, and as a result, the project must be terminated.”
While ACE NY’s filings discuss only these projects in New York, they describe the impacts as indicative of the national industry’s experience, and ACE NY’s executive director Marguerite Wells told me it is her understanding “that this is happening nationwide.”
“I can confirm that developers have conveyed to me that [the] Army Corps has stopped processing their applications specifically citing the wind ban,” Wells wrote in an email. “As I have understood it, the initial freeze covered both wind and solar projects, but the freeze was lifted for solar projects and not for wind projects.”
Lots of attention has been paid to Trump’s attacks on offshore wind, because those projects are sited entirely in federal waters. But while wind projects sited on private lands can hypothetically escape a federal review and keep sailing on through to operation, wind turbines are just so large in size that it’s hard to imagine that bird protection laws can’t apply to most of them. And that doesn’t account for wetlands, which seem to be now bedeviling multiple wind developers.
This means there’s an enormous economic risk in a six-month permitting pause, beyond impacts to future energy generation. The ACE NY filings state the impacts to New York alone represent more than $2 billion in capital investments, just in the land-based wind project pipeline, and there’s significant reason to believe other states are also experiencing similar risks. In a legal filing submitted by Democratic states challenging the executive order targeting wind, attorneys general listed at least three wind projects in Arizona – RWE’s Forged Ethic, AES’s West Camp, and Repsol’s Lava Run – as examples that may require approval from the federal government under the Bald and Golden Eagle Protection Act. As I’ve previously written, this is the same law that bird conservation advocates in Wyoming want Trump to use to reject wind proposals in their state, too.
The Fish and Wildlife Service and Army Corps of Engineers declined to comment after this story’s publication due to litigation on the matter. I also reached out to the developers involved in these projects to inquire about their commitments to these projects in light of the permitting pause. We’ll let you know if we hear back from them.