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Federal regulators are joining forces on a fresh effort to go after solar energy scams and help the public parse potentially deceptive business practices in the industry.
Treasury Department officials said Wednesday they will soon release a consumer advisory warning against deceptive sales practices, officials said at a public event featuring leaders at Treasury as well as the Federal Trade Commission and Consumer Financial Protection Bureau. These agencies are also releasing a slew of documents to help American consumers gauge whether solar marketers are legitimate and encourage people to report any potential fraudulent behavior in the sector to come forward to the government for potential inquiry.
Solar energy fraud at the residential consumer level is a rare but profoundly painful phenomenon that can acutely harm low- and middle-income households. At the public event announcing the move, officials said they took this step after seeing a rising amount of consumer losses due to frauds and predatory behavior in the household solar space. More than a quarter of a billion dollars in solar-related fraud has been reported between January 2022 and June of this year, FTC Chair Lina Khan said. The Internal Revenue Service issued a warning in July against new efforts by fraudsters to cite the Inflation Reduction Act in predatory pitches.
As Treasury Deputy Secretary Wally Adeyemo said at the event, any time a major law passes and unleashes federal dollars to support consumers, you will “have people trying to take advantage” – but “like in most industries, these bad actors represent a small number of solar companies.”
CFPB Director Rohit Chopra, meanwhile, sounded a note of concern. “I’m really worried about this,” he said, pointing to the 2007-2008 subprime mortgage crisis and saying these behaviors pose the risk of “undermin[ing] the growth and development of residential solar programs in our country.”
Chopra pointed to a specific business practice regulators that can be concerning: sales quotas and commissions. “Sometimes when those are set in unreasonable ways, it can create the conditions where people who are on the frontlines selling these products go too far.”
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The Trump administration is hoping to kill the $7,500 tax credit for electric vehicle buyers, according to a Reuters report citing two anonymous sources within the Trump transition team.
That aspiration isn’t totally unexpected — President-elect Donald Trump flirted with ending the EV tax credit throughout the campaign. But it’s nonetheless our first post-election sense of how the Trump administration plans to pursue the Republican tax package that is expected to be the centerpiece of its legislating agenda.
If the EV tax credit is repealed, it would deal a significant setback to the American auto industry’s attempts to make the transition to electric vehicles. General Motors, Ford, and other legacy automakers have invested billions of dollars to build EV factories and battery plants in order to prepare for an electric future. The Alliance for Automotive Innovation, the automaking industry’s trade group, has privately lobbied lawmakers to keep all of the Biden administration’s subsidies for EV production.
GM and Ford aren’t doing this just for the climate. They’re trying to compete with European and East Asian automakers that are transitioning to EVs — and will continue to transition, regardless of policy changes within the United States. BYD, the Chinese company that exclusively makes EVs, is on track this year to sell more cars globally than Ford. That’s the entire Ford line-up, not just EVs. China has reached its commanding position in the EV industry partly by offering EV consumers and companies more than $200 billion in subsidies, according to an analysis from the Center for Strategic and International Studies.
The rollback would also be a setback for Tesla and Rivian, the two highest-profile American EV-only companies. Yet according to the same Reuters report, Tesla supports the plan to repeal the tax credit. Elon Musk has asserted in interviews that because Tesla has more experience building EVs than any other company, it would suffer least from the subsidy’s disappearance. (As the country’s No. 1 EV seller, Tesla has also likely benefited from EV tax credits — in their current and pre-Biden forms — more than any other company.) Repeal is part of Musk’s hypothesized plan to turn Tesla into a de facto monopoly, controlling the entire American EV industry.
Rivian shares have fallen 11% today, while Tesla’s are down just 5%. Ford and GM are trading flat.
The new GOP majorities in Congress hope to extend their 2017 package of tax cuts, which mostly benefit wealthy Americans. One way to pay for those tax cuts could be to repeal the tax incentives in the Inflation Reduction Act, President Joe Biden’s landmark climate law. The news today, then, is mostly a sign that the battle lines are being drawn in the auto industry: Much of the auto industry wants to keep the full slate of EV subsidies. Tesla wants to take them down.
When then-President-Elect Donald Trump nominated then-Oklahoma Attorney General Scott Pruitt to lead the Environmental Protection Agency in 2016, everyone right, left, and center knew exactly what that meant: The top law enforcement officer from one of the nation’s most conservative states and largest oil and gas producers would take aim at environmental rules implemented by the previous administration — rules he had often sued to overturn — and pave the way to increased fossil fuel production.
Trump’s pick this time around, former Long Island Congressman and New York Republican gubernatorial candidate Lee Zeldin, is more distinguished by his personal closeness to and support for the President-Reelect than he is by anything to do with the environment.
“It is an honor to join President Trump’s Cabinet as EPA Administrator. We will restore US energy dominance, revitalize our auto industry to bring back American jobs, and make the US the global leader of AI,” Zeldin wrote on X soon after the New York Post broke the story. He added for good measure: “We will do so while protecting access to clean air and water.”
So, who is Lee Zeldin? In his four terms in Congress as the representative from New York’s easternmost congressional district on Long Island, Zeldin did not cut any particular profile on climate, environment, or energy issues, and was best known for his hawkish foreign policy position. His surprisingly close run against Kathy Hochul for New York’s governor’s mansion in 2022 was largely defined by crime, public safety, and the effect of Covid-19 restrictions on the state’s economic recovery.
To the extent Zeldin has defined himself on the environment beyond standard-issue Republican opposition to restrictions on fossil fuels and car purchasing, it’s been in the context of issues specific to his coastal Long Island constituency. During his 2018 congressional campaign, he pointed to his membership in the “shellfish and national estuary caucuses,” as well as federal programs for estuaries and his opposition to expanded offshore drilling exploration at an event hosted by the League of Conservation Voters.
Throughout his gubernatorial run, Zeldin assailed New York’s ban on fracking, which had been implemented by Hochul’s predecessor, Andrew Cuomo. He also criticized New York’s planned phase-out of sales of internal combustion engine vehicles by 2035, as well as the proposal to institute congestion pricing in Lower Manhattan (an effort that died but may be brought back to life as part of Hochul’s scheme to protect Democratic congressional candidates on Long Island).
Cosmetics heir Ronald Lauder spent millions supporting Zeldin’s gubernatorial run, which The New York Timessuggested was motivated in part by the billionaire’s opposition to a cable from an offshore wind project that was planned to land in Wainscott, in the Hamptons, where Lauder has a home. The project, South Fork Wind, has been delivering power to New York since March of this year. Trump’s opposition to wind and offshore wind energy specifically has been a hallmark of his climate and energy policies.
“Congratulations! By saving the whales, you and @realDonaldTrump will establish a legacy for which Americans will feel grateful, decades and centuries into the future,” Michael Shellenberger, the anti-offshore-wind activist, wrote on X.
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.