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Featuring China, fossil fuels, and data centers.
As Republicans in Congress go hunting for ways to slash spending to carry out President Trump’s agenda, more than 100 energy businesses, trade groups, and advocacy organizations sent a letter to key House and Senate leaders on Tuesday requesting that one particular line item be spared: the hydrogen tax credit.
The tax credit “will serve as a catalyst to propel the United States to global energy dominance,” the letter argues, “while advancing American competitiveness in energy technologies that our adversaries are actively pursuing.” The Fuel Cell and Hydrogen Energy Association organized the letter, which features signatures from the American Petroleum Institute, the U.S. Chamber of Commerce, the Clean Energy Buyers Association, and numerous hydrogen, industrial gas, and chemical companies, among many others. Three out of the seven regional clean hydrogen hubs — the Mid-Atlantic, Heartland, and Pacific Northwest hubs — are also listed.
Out of all of the tax credits for low-carbon energy, the hydrogen subsidy, which was created by the 2022 Inflation Reduction Act, is among the most generous. It pays up to $3 per kilogram of hydrogen produced, depending on how emissions-intensive the process is. For context, a 15 ton-per-day plant in Georgia owned by hydrogen producer Plug Power has the potential to earn up to $45,000 per day in tax credits.
But the total price of the tax credit depends on how much clean hydrogen production takes off, and the industry is still in its infancy. When the Penn Wharton Budget Model, a research group at the University of Pennsylvania, estimated the fiscal impact of the Inflation Reduction Act, it placed the total cost for the hydrogen credit at $49 billion over 10 years, compared to more than $260 billion for renewable energy and nearly $400 billion for electric vehicles.
Tactically, Tuesday’s letter draws on all of the Trump administration’s favorite talking points. It warns that nixing the tax credit will mean ceding the hydrogen technology war to China, noting that the country now produces more than 60% of the global supply of electrolyzers — equipment that splits water into hydrogen and oxygen using electricity. It also says that hydrogen fuel cells are already being used by tech companies to power data centers.
And even though the tax credit was designed specifically to subsidize “clean” hydrogen, the letter mostly ignores this distinction, painting hydrogen production as an extension of the U.S. fossil fuel industry. Oil and gas companies have the infrastructure, workforce, and supply chains to lead the global hydrogen economy, it says. It points out that hydrogen can be produced from “natural gas, biogas, biomethane, as well as any electricity source (i.e. nuclear energy),” but does not mention wind, solar, or geothermal.
Investment in the nascent hydrogen industry was essentially on hold for more than two years while companies eager to take advantage of the tax credit waited for the Biden administration to finalize eligibility rules. But even after Biden’s Treasury Department published those rules in early January, how the Trump administration will view the program remained uncertain. “Our industry is now poised to invest billions of dollars in deployments and manufacturing facilities across the country,” the letter says. “However, that private sector investment is at risk due to the uncertainty around this crucial incentive … We need to ensure that we do not miss this hydrogen moment and respectfully request that you maintain the Section 45V tax credit.”
Intense debate and controversy surrounded the development of the rules for claiming the tax credit, and while the Biden administration tried to strike a compromise, some in the industry still found the rules too strict. I asked the Fuel Cell and Hydrogen Energy Association whether it wanted Congress to make any changes to the tax credit or to simply preserve it but hadn’t heard back as of publication time.
But some of the signatories have already expressed their intent to request changes. In December, the American Petroleum Institute sent a memo to the incoming Treasury Department outlining its key priorities and “asks.” It says the Biden administration’s hydrogen tax credit rules were “overly restrictive and raised concerns about qualifying pathways for natural gas.”
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It would have delivered a gargantuan 6.2 gigawatts of power.
The Bureau of Land Management says the largest solar project in Nevada has been canceled amidst the Trump administration’s federal permitting freeze.
Esmeralda 7 was supposed to produce a gargantuan 6.2 gigawatts of power – equal to nearly all the power supplied to southern Nevada by the state’s primary public utility. It would do so with a sprawling web of solar panels and batteries across the western Nevada desert. Backed by NextEra Energy, Invenergy, ConnectGen and other renewables developers, the project was moving forward at a relatively smooth pace under the Biden administration, albeit with significant concerns raised by environmentalists about its impacts on wildlife and fauna. And Esmeralda 7 even received a rare procedural win in the early days of the Trump administration when the Bureau of Land Management released the draft environmental impact statement for the project.
When Esmeralda 7’s environmental review was released, BLM said the record of decision would arrive in July. But that never happened. Instead, Donald Trump issued an executive order directing the Departments of the Treasury and the Interior to review their treatment of wind and solar, part of a deal with conservative hardliners in Congress to pass his tax megabill — the same bill that also effectively repealed the Inflation Reduction Act’s renewable electricity tax credits. This led to a series of subsequent orders by Interior Secretary Doug Burgum that effectively froze all federal permitting decisions for solar energy.
Flash forward to today, when BLM quietly updated its website for Esmeralda 7 permitting to explicitly say the project’s status is “cancelled.” Normally when the agency says this, it means developers pulled the plug.
I’ve reached out to some of the companies behind Esmeralda 7. A NextEra spokesperson provided me a statement from the company after this story’s publication saying it is “in the early stage of development” with its portion of the Esmeralda 7 mega-project, and the company is “committed to pursuing our project’s comprehensive environmental analysis by working closely with the Bureau of Land Management.”
This article was updated after publication to include a statement from NextEra.
A judge has lifted the administration’s stop-work order against Revolution Wind.
A federal court has lifted the Trump administration’s order to halt construction on the Revolution Wind farm off the coast of New England. The decision marks the renewables industry’s first major legal victory against a federal war on offshore wind.
The Interior Department ordered Orsted — the Danish company developing Revolution Wind — to halt construction of Revolution Wind on August 22, asserting in a one-page letter that it was “seeking to address concerns related to the protection of national security interests of the United States and prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and the territorial seas.”
In a two-page ruling issued Monday, U.S. District Judge Royce Lamberth found that Orsted would presumably win its legal challenge against the stop work order, and that the company is “likely to suffer irreparable harm in the absence of an injunction,” which led him to lift the dictate from the Trump administration.
Orsted previously claimed in legal filings that delays from the stop work order could put the entire project in jeopardy by pushing its timeline beyond the terms of existing power purchase agreements, and that the company installing cable for the project only had a few months left to work on Revolution Wind before it had to move onto other client obligations through mid-2028. The company has also argued that the Trump administration is deliberately mischaracterizing discussions between the federal government and the company that took place before the project was fully approved.
It’s still unclear at this moment whether the Trump administration will appeal the decision. We’re still waiting on the outcome of a separate legal challenge brought by Democrat-controlled states against Trump’s anti-wind Day One executive order.
A new letter sent Friday asks for reams of documentation on developers’ compliance with the Bald and Golden Eagle Protection Act.
The Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms in the name of bird protection laws.
The Service on Friday sent developers a request for records related to their permits under the Bald and Golden Eagle Protection Act, which compels companies to obtain permission for “incidental take,” i.e. the documented disturbance of eagle species protected under the statute, whether said disturbance happens by accident or by happenstance due to the migration of the species. Developers who received the letter — a copy of which was reviewed by Heatmap — must provide a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.” The Service did not immediately respond to a request for comment.
These letters represent the rapid execution of an announcement made just a week ago by Interior Secretary Doug Burgum, who released a memo directing department staff to increase enforcement of the Bald and Golden Eagle Protection Act “to ensure that our national bird is not sacrificed for unreliable wind facilities.” The memo stated that all permitted wind facilities would receive records requests related to the eagle law by August 11 — so, based on what we’ve now seen and confirmed, they’re definitely doing that.
There’s cause for wind developers, renewables advocates, and climate activists to be alarmed here given the expanding horizon of enforcement of wildlife statutes, which have become a weapon for the administration against zero-carbon energy generation.
The August 4 memo directed the Service to refer “violations” of the Bald and Golden Eagle Protection Act to the agency solicitor’s office, with potential further referral to the Justice Department for criminal or civil charges. Violating this particular law can result in a fine of at least $100,000 per infraction, a year in prison, or both, and penalties increase if a company, organization, or individual breaks the law more than once. It’s worth noting at this point that according to FWS’s data, oil pits historically kill far more birds per year than wind turbines.
In a statement to Heatmap News, the American Clean Power Association defended the existing federal framework around protecting eagles from wind turbines, noted the nation’s bald eagle population has risen significantly overall in the past two decades, and claimed golden eagle populations are “stable, at the same time wind energy has been growing.”
“This is clear evidence that strong protections and reasonable permitting rules work. Wind and eagles are successfully co-existing,” ACP spokesperson Jason Ryan said.