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Since August, climate policy optimists have pointed to a letter sent by 18 Republican members of the House of Representatives to Speaker Mike Johnson imploring him to preserve the energy tax credits in the Inflation Reduction Act.
As of January, however, some of them will no longer be Johnson’s problem.
Two signatories from newly redrawn House districts in New York, Marcus Molinaro and Anthony D’Esposito, are out of a job already, beaten by Democrats Josh Riley and Laura Gillen, respectively, each of whom received an endorsement from the New York League of Conservation Voters. Also definitively leaving the House is Utah Republican John Curtis, founder of the Conservative Climate Caucus, who is headed across the hall to the Senate.
Of the remaining 15 Republicans, four are in races that still have not been called, and three look to be in moderate-to-severe jeopardy. The current chair of the Conservative Climate Caucus, for instance, Iowa’s Mariannette Miller-Meeks, is leading challenger Christina Bohannan by just 0.2% — i.e. 799 votes — with all precincts reporting. The state has no automatic recount law, but candidates can request one at little to no expense when the margin is within 1%; a spokesperson from the Iowa Secretary of State’s office told a local TV network that if a request comes in, it’ll likely be after the results are certified early this week. As Heatmap’s Jeva Lange wrote in our climate election tracker, “Bohannan has attacked Miller-Meeks for slow-walking action on addressing climate change through her soft hand with the oil and gas industry,” and as of the final weeks of the race was out-raising Miller-Meeks by a 2-to-1 ratio, E&E News reported.
Another seat Democrats saw an opportunity to flip was Arizona’s 6th Congressional District, where letter signatory Juan Ciscomani has, as of this moment, squeaked out ahead of Democrat Kirsten Engel by 0.6% after appearing to trail for much of last week, though that could change again as more votes are counted. The news is worse for Oregon’s Lori Chavez-DeRemer, however, who with 87% of precincts reporting is behind Democrat Janelle Bynum in the vote by close to 3%.
If all these races were to be certified as they currently stand, that would leave 14 of the original group of 18 representatives still in Congress. If all the House races with results still outstanding fall into line per their current leanings, then Johnson will have just an 11-vote majority. That means this group of lawmakers can still derail the House’s agenda if they so choose, though just barely.
As for the three House seats Republicans have flipped so far, two are in Pennsylvania and one is in Michigan, both states Biden won in 2020. The victors in the two Pennsylvania races, campaigned against the “radical climate agenda” and the “climate crazies,” respectively. Yet the new representative from Michigan’s 7th district, Tom Barrett, has earned a score of 32% from the Michigan League of Conservation Voters during his time in the state Senate, making him a potential Conservative Climate Caucus recruit. The group’s current chair, Miller-Meeks, has a LCV score of just 12%.
So where does that leave us? About where we started, with the politics of repeal teetering on a wind turbine blade-edge. It’s one thing to campaign against the IRA, but the actual business of gutting is another thing entirely. On election night, my colleague Robinson Meyer cited a Washington Post analysis showing that Trump 2020 districts have received three times as much funding from Biden’s signature climate law as those that went the other way. Though that won’t necessarily convince every voter to welcome solar developments in their backyard, when the margins of victory are this slim, every tenth of a percent of the vote counts.
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Mikie Sherrill used her inaugural address to sign two executive orders on energy.
Mikie Sherill, a former Navy helicopter pilot, was best known during her tenure in the House of Representatives as a prominent Democratic voice on national security issues. But by the time she ran for governor of New Jersey, utility bills were spiking up to 20% in the state, putting energy at the top of her campaign agenda. Sherrill’s oft-repeated promise to freeze electricity rates took what could have been a vulnerability and turned it into an electoral advantage.
“I hope, New Jersey, you'll remember me when you open up your electric bill and it hasn't gone up by 20%,” Sherrill said Tuesday in her inauguration address.
Before she even finished her speech, Sherrill signed a series of executive orders aimed at constraining utility costs and expanding energy production in the state. One was her promised emergency declaration giving utility regulators the authority to freeze rate hikes. Another was aimed at fostering new generation, ordering the New Jersey Board of Public Utilities “to open solicitations for new solar and storage power generation, to modernize gas and nuclear generation so we can lower utility costs over the long term.”
Now all that’s left is the follow-through. But with strict deadlines to claim tax credits for renewable energy development looming, that will be trickier than it sounds.
The One Big Beautiful Bill Act from last summer put strict deadlines on when wind and solar projects must start construction (July 2026), or else be placed in service (the end of 2027) in order to qualify for the remaining federal clean energy tax credits.
Sherrill’s belt-and-suspenders approach of freezing rates and boosting supply was one she previewed during the campaign, during which she made a point of talking not just about solar and battery storage, but also about nuclear power.
The utility rate freeze has a few moving parts, including direct payments to offset bill hikes that are due to hit this summer and giving New Jersey regulators the authority “to pause or modify utility actions that could further increase bills.” The order also instructs regulators to “review utility business models to ensure alignment with delivering cost reductions to ratepayers,” which could mean utilities wind up extracting less return from ratepayers on capital investments in the grid.
The second executive order declares a second state of emergency and “expands multiple, expedited state programs to develop massive amounts of new power generation in New Jersey,” the governor’s office said. It also instructs the state to “identify permit reforms” to more quickly bring new projects online, requests that regulators instruct utilities to more accurately report energy usage from potential data center projects, and sets up a “Nuclear Power Task Force to position the state to lead on building new nuclear power generation.”
This combination of direct intervention to contain costs with new investments in supply, tough language aimed at utilities and PJM, the electricity market New Jersey is in, along with some potential deregulation to help bring new generation online more quickly, is essentially throwing every broadly left-of-center idea around energy at the wall and seeing what sticks.
Not surprisingly, the orders won immediate plaudits from green groups, with Justin Balik, the vice president of action for Evergreen States, saying in a statement, “It is refreshing to see a governor not only correctly diagnose what’s wrong with our energy system, but also demonstrate the clear political will to fix it.”
A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.
Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.
District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.
As for what comes next in the offshore wind legal saga, I see three potential flashpoints:
It’s important to remember the stakes of these cases. Orsted and Equinor have both said that even a week or two more of delays on one of these projects could jeopardize their projects and lead to cancellation due to narrow timelines for specialized ships, and Dominion stated in the challenge to its stop work order that halting construction may cost the company billions.
The decision marks the Trump administration’s second offshore wind defeat this week.
A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.
In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.
Interior had cited classified national security concerns to justify a work stoppage. Now, for the second time this week, a court has ruled the risks alleged by the Trump administration are insufficient to halt an already-permitted project midway through construction.
Anti-offshore wind activists are imploring the Trump administration to appeal this week’s injunctions on the stop work orders. “We are urging Secretary Burgum and the Department of Interior to immediately appeal this week’s adverse federal district court rulings and seek an order halting all work pending appellate review,” Robin Shaffer, president of Protect Our Coast New Jersey, said in a statement texted to me after the ruling came down.
Any additional delays may be fatal for some of the offshore wind projects affected by Trump’s stop work orders, irrespective of the rulings in an appeal. Both Equinor and Orsted, developer of the Revolution Wind project, argued for their preliminary injunctions because even days of delay would potentially jeopardize access to vessels necessary for construction. Equinor even told the court that if the stop work order wasn’t lifted by Friday — that is, January 16 — it would cancel Empire Wind. Though Equinor won today, it is nowhere near out of the woods.
More court action is coming: Dominion will present arguments on Friday in federal court against the stop work order halting construction of its Coastal Virginia offshore wind project.