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Earlier this week, I was thinking to myself, how are we going to know how many people are actually taking advantage of the tax credits in the Inflation Reduction Act?
When I put the question out on Twitter — I mean, X — I heard from Sam Hughes, a researcher inside the Treasury who pointed me to a section of the department’s website that contains data on tax credits by year. The problem is, it hasn’t been updated since 2020. But then today, as if to answer my prayers, I received a taste of the data I was looking for in my inbox.
A Treasury official shared that the IRS has received notices from car sellers indicating they sold more than 25,000 tax credit-eligible vehicles between January 1 and February 6. That’s an average of more than 675 EVs sold at a government-sponsored discount per day.
To put that in perspective, about 1.08 million cars were sold in total in the month of January, according to Cox Automotive, or about 34,840 per day. So the tax credit-supported EVs were only about 2% of the total cars sold.
But 25,000 discounted EVs is nothing to scoff at — especially since starting January 1, two big changes were made to the tax credit that made it both harder and easier for Americans to get them.
First, new rules that limit what countries the components in eligible EVs are allowed to come from had the effect of disqualifying a lot of EVs from the tax credit. As of today, only 22 models from Chevy, Ford, Rivian, Tesla, and Volkswagen qualify, according to the Department of Energy. Last year, there were 35 models.
But at the same time, car buyers were given the option to transfer the tax credit to their dealer at the point of sale. That meant the dealer could take the $7,500 discount for new EVs, or $4,000 for used EVs, directly off the price of the car. Buyers no longer have to worry about whether or not they will owe $7,500 in taxes at the end of the year, or wait around for their tax return, to get that money back.
The Treasury said it has paid approximately $135 million in advance payments to dealers for about 19,000 of the EVs sold this year.
So even with fewer options available, buyers are still taking advantage of the new instant rebate and finding vehicles that work for them. The vast majority of the EVs sold — more than 22,000 — were new cars, while just over 3,000 were used EVs.
One disheartening stat included in the data is that some 11,000 dealerships have registered with the IRS to sell tax credit-eligible vehicles. As of last year, there were just over 16,800 dealerships in the country, according to the National Automobile Dealerships Association, so that means only about 65% of dealerships can offer customers the EV tax credit. Many dealers are not yet on board with the electric revolution. They take longer to sell and require less maintenance, cutting into profits.
The Treasury official said the department was trying to increase registrations via trade association partners, webinars, and conferences.
This smidgeon of data is not enough to assess how well the tax credits are working, and I hope that after tax day, the agency releases similar information about how many people claimed other IRA-related tax credits last year.
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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.
A federal court has once again allowed Orsted to resume construction on its offshore wind project.
A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).
Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”
This case was life or death for Revolution Wind. If the stop work order had not been enjoined, Orsted told the court it may not have been able to secure proper vessels for at-sea construction for long enough to complete the project on schedule. This would have a domino effect, threatening Orsted’s ability to meet deadlines in signed power agreements with Rhode Island and Connecticut and therefore threatening wholesale cancellation of the project.
Undergirding this ruling was a quandary Orsted pointed out to the justice: The government issued the stop work order claiming it was intended to mitigate national security concerns but refused to share specifics of the basis for the stop work order with the developer. At the Monday hearing on the injunction in Washington, D.C., Revolution Wind’s legal team pointed to a key quote in a filing submitted by the Justice Department from Interior Deputy Assistant Secretary Jacob Tyner, saying that the Bureau of Ocean Energy Management, the federal offshore energy regulator, was “not aware” of whether the national security risks could ever be mitigated, “and, if they can, whether the developers would find the proposed mitigation measures acceptable.”
This was the first positive outcome in what are multiple legal battles against the Christmas stop work orders against offshore wind projects. As I reported last week, two other developers filed individual suits alongside Orsted against their respective pauses: Dominion Energy in support of the Coastal Virginia offshore project, and Equinor over Empire Wind.
I expect what happened in the Revolution Wind case to be the beginning of a trend, as a cursory examination of the filings in those cases indicate similar contradictions to those that led to Revolution winning out. We’ll find out soon: The hearing on Empire’s stop work order is scheduled for Wednesday and Coastal Virginia on Friday.