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Don’t look at the number of forecasted storms and panic. But don’t get complacent, either.
When is an announcement less an announcement than a confirmation?
The National Oceanic and Atmospheric Administration’s 2024 hurricane season outlook, issued Thursday morning, might be one such case. For the past several weeks, hurricane agencies around the country have been warning of an extremely active, potentially historic season due to a confluence of factors including the record-warm water in the Atlantic Main Development Region and the likely start of a La Niña, which will make the wind conditions more favorable to Atlantic storm formation. With the Atlantic Hurricane Season set to start a week from Saturday, on June 1, NOAA has at last issued its own warning: There is an 85% chance of an above-average season, with eight to 13 hurricanes and four to seven of those expected to be “major” Category 3 or greater storms.
With an estimate of up to 25 total named storms for the whole season, NOAA’s outlook marks the greatest number of named storms ever predicted by the agency at this point in May. (For those also invested in hurricane nomenclature, the 22nd storm of the season would get its name from a new, supplemental list that starts over with “Adria”). Still, it’s not exactly newsat this point that we’re in for a whopper of a season. And hurricane experts will be the first to tell you that a “busy” year doesn’t mean anything in terms of how you should think about preparedness: All it takes is one nearby storm to make it a “busy” year for you. By the same token, it’s theoretically possible (albeit highly unlikely) for there to be 25 named storms this year, none of which make landfall.
More interesting, then, is how the government is talking about these storms with the public. Yes, it is still putting a number on how many “major” storms there could be with sustained winds of 111 miles per hour or more — a headline-making tendency that irritates many of the hurricane experts I spoke with earlier this spring. However, Ken Graham, the director of NOAA’s National Weather Service, also stressed the limited utility of such a claim on Thursday. “The Saffir-Simpson scale measures the wind, but it’s actually the other impacts — it’s the water” that people should be worried about, he said.
While in the popular imagination hurricanes are coastal phenomena that kill people with high winds and waves, 90% of hurricane fatalities result from water, and most of those (57%) are freshwater deaths from heavy rainfall — sometimes hundreds of miles inland. Graham pointed to 2018’s Hurricane Florence as an example, when people drowned in parts of the Carolinas far from the ocean after rivers flooded and jumped their banks. Similarly, it is not always traditional “hurricane areas” like Florida or Texas where these storms have effects: The remnants of Hurricane Ida killed 13 people in New York City in 2021 when the storm broke the city’s record for single-hour rainfall. (Water damage and flooding are also part of what drives the insurance crisis in the Southeast, although NOAA and other agencies’ worrisome predictions for this year aren’t directly linked to 2024 premiums.)
To account for nontraditional ways of thinking about hurricane impacts, NOAA is launching an experimental “forecast cone” this year to warn of effects outside a hurricane’s immediate path. But messaging and graphics can only go so far, and time is of the essence. “Every Category 5 storm that made landfall in the United States in the last 100 years was a tropical storm or less three days prior,” Graham said. “The big ones are fast.” And they certainly don’t care about our timelines, our May outlooks, or how our cones of uncertainty appear on TV.
I’m sympathetic to NOAA’s messaging bind, though. Outlooks like the one issued Thursday make eye-catching headlines, which in turn helps to raise awareness that the time to prepare is now. (No, seriously.) But given the rapid intensification of hurricanes and those warm Atlantic waters that act like Mario mega mushrooms for cyclones, it’s perhaps more useful to think of the season as the main event rather than weigh the odds of whether one of the year’s 20-or-so-named storms will break in your specific direction.
Still. That doesn’t change the fact that 25 is a big number for the upper end of predicted Atlantic storms and that 2024 is tracking to be a historic year. “Everything has to come together to get a forecast like this,” Graham said.
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The Department of Justice included a memo in a court filing that tears down the administration’s own case against New York’s congestion pricing.
Secretary Duffy, you have no case.
That was the gist of a memo Department of Justice lawyers sent to the senior trial attorney for the Department of Transportation regarding its attempt to shut down New York City’s congestion pricing program. The letter was uploaded mistakenly on Wednesday into the court record for the Metropolitan Transportation Authority’s lawsuit challenging Duffy’s actions. Oops.
The memo says “there is considerable litigation risk” in defending the letter Secretary of Transportation Sean Duffy sent on February 19, ordering the termination of New York’s program. “It is very unlikely that Judge Liman or further courts of review will uphold the Secretary’s decision on the legal grounds articulated in the letter.” The memo goes on, however, to advise the DOT of another argument it could make that may be more successful.
Dated April 11, the memo was sent to Duffy’s lawyers after the department publicly affirmed its demand that New York end the program by April 20, but before the secretary upped the ante of his threats to New York as the deadline passed, announcing Monday that he would put a moratorium on any new federal approvals for transit projects in Manhattan until the state shut down the tolling program.
Duffy had given two reasons that New York’s congestion pricing program, which charges drivers $9 to enter Manhattan’s central business district, violated federal statute. First, he argued that Congress only authorized tolling programs on roads where drivers have the option to take an alternative, free route. Second, he said the state had designed the program to be a revenue raiser for the MTA, New York’s state-run transit agency, rather than a true effort to reduce congestion, and therefore the toll was not set appropriately.
But the Federal Highway Administration had spent years assessing New York’s program before approving it. “Other than the Secretary’s decision itself, there is no other material supporting or explaining the DOT’s change of position,” the DOJ memo says. There’s nothing in statute that disallows a two-fold goal of raising revenue and reducing traffic. Moreover, the lawyers note, the Supreme Court’s decision last year to overturn a decades-long precedent that gave agencies broad authority to interpret their statutory mandates, will hurt Duffy’s case. They also point out that Judge Liman, the district court judge who is presiding over the case, had previously ruled that the Value Pricing Pilot Program, the federal statute under which congestion pricing was approved, was designed to support these kinds of programs.
The memo warns that continuing down this route could open up both the department and Duffy personally to further probes. “The thin administrative record may lead plaintiffs to point to these ‘gaps’ in the administrative record as justification for extra-record discovery from DOT,” it says, “including requests for production of emails and depositions of agency officials, including the Secretary in particular.”
If Duffy really wants to win this case, the DOJ advises, he should instead claim he’s revoking approvals due to “changed agency priorities,” rather than saying the program violates statute. There’s precedent for using this argument to terminate “cooperative agreements” between the federal government and third parties, and Duffy could cite the same two reasons that he’s already provided. It’s not a sure thing, the memo suggests, but it’s more defensible than the current path.
New York has refused to comply with Duffy’s demands and confirmed in a court filing on Wednesday that it would not shut down the program unless and until the court tells it to.
The Esmeralda 7 project is another sign that Trump’s solar freeze is over.
The Esmeralda 7 solar project, a collection of proposed solar farms and batteries that would encompass tens of thousands of acres of federal public lands in western Nevada, appears to be moving towards the end of its federal permitting process.
The farms developed by NextEra, Invenergy, Arevia, ConnectGen, and others together would add up to 6,200 megawatts of solar generation capacity, making it the largest solar project in already solar-rich Nevada.
To get a sense of the massive scale of the project, the two newly installed nuclear reactors at Plant Vogtle in Georgia are about 1,000 megawatts each and the Empire Wind offshore wind project that Secretary of the Interior Doug Burgum ordered a halt to this week had a planned capacity of just over 800 megawatts.
Earlier this month, the Bureau of Land Management updated its website for the project, indicating that the final Environmental Impact Statement for the project would be published on April 25 and the record of decision would be published on July 18.
A Bureau of Land Management spokesperson told me that the Bureau wouldn’t have anything new to share until the publication of the final environmental impact statement “in the coming days or week or so.”
Still, the fact that the BLM is making progress on a decision at all is yet another sign that the “freeze” on renewables projects put in place in the early days of the Trump administration has begun to thaw, at least for solar and transmission projects.
The new decision date is also consistent with the freeze being over. A timeline presented at a BLM meeting in September envisioned the final Environmental Impact Statement being issued sometime between the fall of last year and spring of this year, with a record of decision in April. The listed July date would roughly match with the project’s permitting being delayed by two months.
The 60-day renewable permitting pause was one of Trump’s first actions in office and the offshore wind industry especially has continued to bear the brunt of the administration’s anti-renewable wrath.
But solar and transmission appear to be a different story: a Bureau of Land Management spokesperson told Heatmap in March that “there is currently no freeze on processing renewable applications for solar” or for “making authorization decisions.” Earlier that month, BLM had approved a transmission line for a solar project in Southern California saying that the project would “Unleash American Energy.”
Like many large scale Nevada solar projects, the Esmeralda 7 has attracted some opposition from some area residents and conservation groups. The transmission line necessary for the project, Greenlink West, was approved in September.
For the first time, his administration targets an offshore wind project already under construction.
The Trump administration will try to stop work on Empire Wind, an offshore wind project by Equinor south of Long Island that was going through active construction, Interior Secretary Doug Burgum posted to X on Wednesday.
Burgum announced that he directed the Bureau of Ocean Energy Management to “halt all construction activities on the Empire Wind Project until further review of information that suggests the Biden administration rushed through its approval without sufficient analysis.”
A memo to the agency, which was obtained by The Washington Free Beacon, references “revelations” of “serious deficiencies” in the approval process for Empire Wind. The reported memo does not provide any further description or evidence to back this claim. When we requested comment on the Free Beacon story, an Interior spokesperson simply pointed to Burgum’s short announcement.
Equinor provided a statement to Heatmap confirming after Burgum’s announcement that it “just received a notification from the Bureau of Ocean Energy Management (BOEM) regarding our Empire Wind 1 project, which has been in construction since 2024.”
“We will engage directly with BOEM and the Department of Interior to understand the questions raised about the permits we have received from authorities,” Equinor spokesman David Schoetz said. “We will not comment about the potential consequences until we know more.”
This is the second fully permitted offshore wind project that the Trump administration has publicly targeted and attempted to stop.
Last month, the Environmental Protection Agency pulled a Clean Air Act permit for Atlantic Shores, a wind farm under development off the coast of New Jersey, after anti-wind groups petitioned the agency to do so. The agency did not attempt to justify its decision other than to say that it gives the agency “the opportunity to reevaluate the Project and its environmental impacts in light of” Trump’s executive order requesting an assessment of the government’s leasing and permitting practices for wind projects.
A few days later, we were first to report that Representative Chris Smith — one of the loudest anti-wind voices in Congress — asked Burgum to halt work on Empire Wind, asserting that the environmental review process for the project was “completely inadequate.”
If Empire Wind is indeed halted, it would be the first offshore wind project under construction to be stopped by the Trump administration. Equinor disclosed in a project update that it started subsea rock installation last month, although the company’s statement to Heatmap indicates construction may have begun as early as last year. A halt to work on Empire Wind would cast a shadow over other offshore wind projects under construction, including Dominion Energy’s Coastal Virginia project, which we scooped could also wind up in the Trump administration’s crosshairs.
Stopping Empire Wind would also mean a huge blow to New York State’s climate and clean energy goals.
After the state’s Indian Point nuclear plant closed in 2021, the population-dense metro area in and around New York City has mostly replaced that carbon-free source of energy with natural gas. Offshore wind was supposed to be a path to moving away from reliance on the fossil fuel. The state’s target of deploying 9 gigawatts of offshore wind by 2035 was already going to be nearly impossible due to Trump’s pause on new leases and permits. Without the 800 megawatt Empire Wind project, New York will only have 1 gigawatt in the pipeline.
This news has already sparked an aggressive response from the American Clean Power Association, the largest renewables trade association, which released a statement pleading for the administration to “quickly address perceived inadequacies in the prior permit approvals” and that “halting construction of fully permitted energy projects is the literal opposite of an energy abundance agenda.”
“With skyrocketing energy demand and increasing consumer prices, we need streamlined permitting for all domestic energy resources,” American Clean Power CEO Jason Grumet stated. “Doubling back to reconsider permits after projects are under construction sends a chilling signal to all energy investment.”