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If you haven’t already, get to know the “border adjustment.”

While climate policy has become increasingly partisan, there also exists a strange, improbably robust bipartisan coalition raising support for something like a carbon tax.
There are lots of different bills and approaches floating out there, but the most popular is the “border adjustment” tax, basically an emissions-based tariff, which, as a concept, is uniquely suited to resolve two brewing trade issues. One is the European Union’s Carbon Border Adjustment Mechanism, which will force essentially everybody else to play by its carbon pricing system. Then there’s the fact that China powers its world-beating export machine with coal, plugged into an electrical grid that is far dirtier than America’s.
For Republicans, some kind of tax on imports would be a way of leveling the playing field in the face of what are, to their minds, punitive environmental restrictions on American energy producers and manufacturers. For Democrats, a border adjustment could be appealing both as a way to favor American manufacturing and as a way of encouraging other countries to clean up their grids.
There are currently two carbon border adjustment bills bouncing around the Senate, one introduced by Louisiana Republican Bill Cassidy — whose record on climate is far friendlier than many of his GOP colleagues’ — and the other by Rhode Island Democrat Sheldon Whitehouse, one of the most active and vocal Democratic senators on environmental issues.
In a hearing on the challenge of load growth before the Senate Committee on Energy and Natural Resources, Cassidy raised the issue of China’s energy mix, arguing that coal plants on the country’s Pacific coast mean at more pollutants in the United States.
“To the degree that our energy policy increases the cost of energy, and therefore encourages someone to move to China, we are actually worsening global greenhouse gas emissions because we’re increasing consumption of Chinese coal-fired electricity as opposed to clean-burning U.S. electricity,” Cassidy said during the hearing.
“Right on, brother,” the committee’s chair, Democrat Joe Manchin, responded.
Cassidy and Manchin both represent states that are major fossil fuel producers and are no one’s ideas of climate hawks — although they both support some version of permitting reform and Manchin’s was a crucial vote to pass the Inflation Reduction Act — they nevertheless represent two pillars of the idiosyncratic alliance that could get a border adjustment tax over the line. Add in Democratic climate hawks who are also interested in permitting reform such as Whitehouse and California Representative Scott Peters and Republicans who are, in their own way, open to some kind of climate change policy, including Cassidy and Alaska Senator Lisa Murkowski, and this thing starts to look possible.
The first step would be devising a way to calculate how clean the U.S. electricity system is compared to the rest of the world — and lo, there’s a bill for that too: the PROVE IT Act, which passed out of the Senate’s Energy and Natural Resources Committee in January.
That bill, introduced by Delaware Democrat Chris Coons and North Dakota Republican Kevin Cramer, would mandate the Department of Energy measure and report the emissions intensity for 17 categories of products (including fossil fuels) in the United States and a host of other countries. The intent of the bill is to demonstrate that, in many cases, U.S. manufacturing is cleaner than many other countries’, especially China, at least when it comes to greenhouse gas emissions.
The bill managed to win not just from Senators on both sides of the aisle, but also from industry groups that are often somewhere from skeptical to outright opposed to emissions restrictions. These include the American Petroleum Institute and the U.S. Chamber of Commerce. (The American Petroleum Institute is even gathering up a list of House Republicans who could support a version of the bill in that chamber, reported E&E News.) The bill has also been endorsed by a host of more centrist and right-leaning climate and environmental groups, including the Climate Leadership Council and Third Way, a moderate Democratic group.
Armed with the data from the PROVE IT Act, explained the Bipartisan Policy Center's Xan Fishman, the U.S. would be “able to use that in trade negotiations, or with a new border carbon policy.”
The time for the PROVE IT Act and then a border adjustment bill may be this year, Fishman told me, citing bipartisan support for the idea — or else sometime next year, when many of the Trump tax cuts expire, setting off a scramble for revenue to pay for extending popular tax breaks.
“When you have a big giant tax bill where you’re extending or creating new tax credits and you’re looking for revenue to offset that,” Fishman said, suddenly a border adjustment could look pretty handy.
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A proposed change in how the agency implements an obscure Cold War-era law would impose onerous reporting requirements on renewables and pipelines.
Democrats in Congress claim that a new Trump administration proposal will have a chilling effect on the energy sector by subjecting renewables and fossil fuel pipelines alike to an obscure, rarely cited Cold War-era law requiring detailed information on foreign farmland ownership be submitted to the Agriculture Department.
In late June, the Agriculture Department released a proposal to change implementation of the Agricultural Foreign Investment Disclosure Act of 1978, which requires companies to provide information to the federal government on foreign investors in farmland holdings, acquisitions, and sales. If finalized, the new rule would expand the definition of “agricultural land” in regulation to include all renewable energy facilities and pipeline corridors by explicitly tying the term to those industries’ formal codes under the North American Industry Classification System.
Top Senate Democrats on Monday argued that taken together with expanded investor reporting thresholds and land boundary mapping requirements, this rule change “may exceed what is necessary” to deal with national security issues around farmland ownership.
One of the letter’s signatories, Pennsylvania’s John Fetterman, has previously joined the GOP in railing against foreign companies purchasing U.S. farmland as a potential national security concern. And indeed, there certainly exists a broader bipartisan anxiety around Chinese influence on essential industries, e.g. mining and critical minerals. That Fetterman is now joining climate hawks Martin Heinrich and Sheldon Whitehouse in opposing the administration’s move is a striking moment of unity, especially as Fetterman bats away beltway rumors that he’ll flip parties.
The letter demands a briefing from the Agriculture Department that includes the proposal’s “anticipated impacts on the energy, infrastructure, and agricultural sectors,” as well as the legal basis for changing its definition of “agricultural land.”
“[W]e are concerned that USDA’s proposed rule may exceed what is necessary to address those objectives, have unintended national security consequences, and may create substantial compliance burdens on agricultural producers, landowners, infrastructure operators, energy developers, and investors that could undermine efforts to address rising energy and food prices without a corresponding national security benefit,” the letter reads.
As I have previously written, the USDA is an increasingly vital organ in the Trump administration’s war on renewable energy projects, and focusing its laser beam at project development on what it calls “prime” farmland. Trump also recently tapped country music star John Rich to be his “special envoy for American landowners,” which directly led to the USDA working with people fighting solar on farmland in upstate New York.
The Trump change goes after pipelines as well as renewable energy, although logic suggests that solar development could be more vulnerable due to the sheer acreage often required for utility-scale project construction and property setbacks.
The Agriculture Department responded to my request for comment with a statement: “As Secretary [Brooke] Rollins has noted before, the regulations governing the Agricultural Foreign Investment Disclosure Act of 1978 are extremely outdated and need to be updated to better reflect today’s conditions. USDA looks forward to considering all public comments before finalizing the rule.”
Editor’s note: This story has been updated to include the statement from USDA.
Americans paid $217 on average for electricity last month, according to Heatmap and MIT’s Electricity Price Hub.
July is typically the season of high electricity bills, and this year is no exception.
Nationally, the average electricity bill spiked to $217, an all-time high, according to new data from Heatmap and MIT’s Electricity Price Hub. That’s up from $177 in June, and $215 last July. Meanwhile, electricity rates were 19 cents per kilowatt-hour, virtually unchanged from June and slightly higher than July of last year.
Throughout the country, many ratepayers are seeing higher costs and charges in the portion of their bill covering the cost of power generation.
Once again, some of the most notable electricity price and bill trends were seen in the mid-Atlantic region, the heart of the data center boom and the anchor area of the PJM Interconnection. The region also includes Virginia, where Florida utility and energy developer NextEra is attempting to acquire the commonwealth’s dominant utility, Dominion.
In July, Dominion customers saw typical generation charges rise to $155 a month, up from $124 a year ago. Overall bills for Dominion customers were about $259 this past month.
The higher bills are in part due to the “fuel charge rider” that went into effect this past month to help recover about $1 billion in additional generation costs claimed by the utility. Those charges stem in part from higher fuel costs this past winter, when natural gas prices spiked to their highest level since the winter of 2022-23, Dominion officials said in a filing to the state’s utilities regulator. The MIT researchers estimate that the fuel charge added around $53 to July bills, up $12 from July of last year.
In neighboring Delaware, bills were $216 a month in July, a record high, while prices were around 19 cents per kilowatt-hour. Customers of the state’s main utility, Delmarva Power, saw a near 20% hike in the supply charge in their standard service offerings, as prices rose from around 16 cents per kilowatt-hour from last year.
The Delaware Public Service Commission voted at the beginning of last month to allow an interim rate increase of about $3 per month for the typical customer, which went into effect July 9. Soon after, Delaware Governor Matt Meyer signed a law giving the state’s regulators more discretion to reject putting certain utility costs into the rate base and thus limit subsequent price hikes requested by utilities. The governor’s office described the law as a mechanism “to prioritize prudent spending over unchecked cost recovery.”
The energy developer is backing off after a Heatmap report.
Clearway says it is backing off its plans to build a data center and gas power plant on federal land, days after Heatmap revealed the energy developer’s proposal.
Last week, I reported that Clearway asked the Trump administration’s Bureau of Land Management to swap a five year-old application for a solar farm’s permits with “a proposed data center and natural gas facility.” Clearway’s chief development officer John Woody had written in a letter to BLM dated April 3 that the swap was “the result of a shift in our internal development priorities” and intended “to better align with the goals of our Administration.” He also noted the plans were in “exploratory early stages.”
This news fit a trend. I obtained Clearway’s letter right after reporting on a different solar project on federal land that was being swapped for a data center. But it turns out, the company’s internal thinking continued to shift: on Friday, they reached out to me saying they are now nixing the data center and gas plant, after concluding it wasn’t the right call for their business.
“Since our initial filing, we’ve evaluated how to make the best use of this public land in a way that serves its intended purpose: the public interest. As a clean energy developer and operator, our focus in Nevada remains solar and battery storage,” Clearway said in a statement it provided to me from an unnamed spokesperson. “We are in the process of amending our application to reflect the state’s growing demand for low-cost, reliable energy.”
In addition, Clearway on Monday sent a letter to BLM formally alerting the agency it has no plans to build the data center, which it also provided to me.
When I first broke news of Clearway’s plans, I said it was an apparent aberration – they oversaw relatively few fossil projects and had never worked in data centers. I chalked this pivot up to yet another energy developer changing its tune with the winds of national politics. Now that the company is apparently sticking to its guns, I’m mostly just left wondering what happened here – and relieved some still remain committed to zero-emissions power in the booming business of electrons.