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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If the EV tax credit is repealed, it would deal a significant setback to the American auto industry’s attempts to make the transition to electric vehicles.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.
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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.”