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General Motors has agreed to let the United Auto Workers bargain on behalf of workers at its battery plants, union president Shawn Fain said in a livestream Friday afternoon. Fain also said that the strike, which counts around 25,000 UAW workers, would not expand, due to the progress that had been made so far.
“I was ready to call on one of GM’s most important and biggest plants to stand up,” Fain said, referring to the union’s strike strategy, where individual plant workforces walk out. “And it was that threat that brought them to the table.”
Fain was referring to an SUV manufacturing plant in Arlington, Texas. So far, the UAW has avoided striking the plants that produce the bulk of General Motors, Ford, and Stellantis’s full-size pickup trucks and SUVs, the companies' most profitable vehicles. Fain acknowledged this, saying “I’ve heard members who want to bring down the hammer strike on all the big truck plants and hit them where they hurt.” But he made it very clear that possibility remains a live option.
That the UAW’s big win was including battery manufacturing under its master agreement and that the way it won was by threatening to strike the factory that assembles Suburbans, Tahoes, Yukons, and Escalades speaks to the crossroads the union and the auto industry finds themselves at.
Even if the UAW and the Big Three recognize that their future lies in electrification, the union’s members and the automakers’ profits are intertwined with the popularity of massive gas-guzzlers.
“GM has agreed to lay the foundation for a just transition,” Fain said, referring to the battery agreement.
While the strike is over a set of “traditional” labor-relations issues like workweeks, pay, healthcare, and pensions, the UAW’s conflict with the Big Three and its wariness of the Biden administration is due to its apprehension over what an electrified auto sector looks like for its membership.
Not only are foreign and non-union domestic manufacturers expanding their EV production with the help of tax credits for buyers, the Big Three are also setting up joint battery ventures — often with federal backing — in states that are notoriously difficult to unionize. Even when Big Three battery plants do unionize, the companies have disputed their workers’ ability to join the UAW’s national contract.
General Motors has a battery plant operating in Ohio, with plans to build three more. In a statement to Reuters, GM did not address Fain’s claims that it had agreed to include battery plants in its agreement with the UAW.
When Ford got some $9.2 billion in Department of Energy financing to build battery plants in Kentucky and Tennessee, Fain blasted the Biden administration, saying, “Not only is the federal government not using its power to turn the tide – they’re actively funding the race to the bottom with billions in public money.” He asked, “Why is Joe Biden’s administration facilitating this corporate greed with taxpayer money?”
Ford said last month that it was pausing a battery plant it had planned in Michigan that had attracted fierce criticism from Republican elected officials for its proposed use of Chinese technology. Ford had agreed to a streamlined process for the plant’s workforce to unionize. The company’s chief exectuvive Jim Farley criticized the UAW, saying in a press conference last month, "Keep in mind these battery plants don’t exist yet. They’re mostly joint ventures. They’ve not been organized by the UAW yet because the workers haven’t been hired, and won't be for many years to come."
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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.