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Who needs new models when you have chargers and price cuts?

“It doesn't matter if you win by an inch or a mile. Winning's winning.”
I’m reluctant to call Vin Diesel’s Dominic Toretto one of the great philosophers of our time, but his line in the inaugural Fast & Furious movie is as true about street racing as it is about anything else. And in the current electric vehicle sales race, Tesla is the clear winner in mid-2023—this, despite an aging lineup of vehicles, tactics that make the rest of the car business nervous and a dependence on non-car products to entice buyers.
Things could’ve gone very differently this year. I certainly thought so about six months ago. This was supposed to be the year that Tesla’s slew of increasingly dated cars faced real, direct competition for the first time ever; when its CEO’s objectively disastrous foray into social media ownership took attention away from his core business; and when most other car companies got truly serious about creating a future without gasoline.
But now that we have insight into what EVs people bought — or didn’t buy — in the first and second quarters of this year, the numbers tell a different story. Tesla is still the clear leader in EV sales, moving almost half a million cars globally in just the past three months. The Model Y is the best-selling car in the world. The rest of the competition that was supposed to show up and eat Elon Musk’s lunch? Not even remotely close.
According to data from Automotive News, the rest of the EV landscape looks sad by comparison. After the Model Y and Model 3, the bronze medal finish went to the Chevrolet Bolt — an EV that’s generally excellent and affordable but outdated and soon to be discontinued. (By the way, Tesla sold almost six times as many Model Ys as Chevy sold Bolts.)
Right below the Bolt, there’s the expensive and also aging Model S, followed by the Volkswagen ID.4, finally hitting its stride somewhat due to EV tax incentives. After that, the Ford Mustang Mach-E, which has had a slew of production problems this year; then the Hyundai Ioniq 5, a superb EV but one that does not qualify for any tax breaks unless it’s leased; and then Tesla’s own Model X, also long in the tooth.
Keep in mind that the freshest product in Tesla’s lineup these days is the Model Y, which went on sale in 2020, followed by the Model 3, which is now six years old — at the point when another car company would replace it with an entirely new model. The point is, the hottest-selling EVs in the world aren’t fresh, new products at all. (And to be fair, Tesla’s had its own share of headaches with the Cybertruck, which has been pushed back so much it’s starting to feel like the Half-Life 3 of cars.)
Finally, questions are arising about EV demand in general. Monday morning, Axios reported on “the growing mismatch between EV supply and demand,” meaning that while EV sales are steadily climbing and making up more and more of the U.S. market, those sales aren’t matching what car companies are actually building and putting up for sale. In fact, the time EVs spend sitting on dealer lots — a measurement of demand for a car, traditionally — is now nearly double the industry average, Axios reports. In other words, they’re sitting there, unpurchased, about twice as long as gasoline cars.
That’s disheartening news for the climate, especially given how palpably horrific the heat and weather events have been this summer. The world cannot wait for people to switch to electrified and lower-emission vehicles. But there are a lot of reasons this is happening, and the biggest factor is still cost.
With rising interest rates, an uncertain economy ahead and the average EV still costing almost $60,000 — which actually went up this year despite Tesla’s price cuts and all the new cars on the road — can you really blame buyers for sitting this out until things get cheaper?
Simply put, Tesla is offering the best deals right now. As old as the Model 3 and Model Y are, they’re still fun to drive, high-range EVs boasting the best charging network in the business (we’ll get to that in a bit.) They’re also still cutting-edge in most ways that count for EV newcomers; they just don’t look new and are beginning to lack key features offered by many new competitors like bidirectional charging or more predictable automated driving assistance.
This year, Tesla has dramatically slashed their prices and positioned them to take advantage of the full EV tax credits when other car companies cannot. Tesla’s lead remains a solid one in 2023; it has the experience, production capacity, and scale to slash prices on these cars while remaining profitable. Other automakers are sweating their ability to make money on EVs at all right now.
Generally, car companies are wary of slashing prices too much or relying too heavily on discounts. They tend to water down a brand’s image while cutting into profit margins, and the auto industry is very much a business of margins. Now, Tesla has taken a hit to its gross profit margins amid these price cuts, but it’s still doing well and Musk doesn’t seem to care. In the meantime, more than likely, a person’s first EV will be a Tesla.
And then there’s America’s new EV tax credit scheme, which may actually be backfiring to some degree right now.
In short, to get the full $7,500 tax credit on an EV, a car and its batteries must be now made in North America. On a long enough timeline that will help build a robust electric car and battery manufacturing infrastructure here, so that both aren’t dependent on China — exactly the goal of the law. The problem is, local battery factories alone will take years to set up; it’s going to be a long time before the majority of EVs Americans can buy meet both qualifications.
At the beginning of this year, EV demand seemed to be booming because those “buy local” rules hadn’t taken effect yet. Now, a bunch of automakers, including BMW, Volvo, and Hyundai, are left out of the credits because their EVs aren’t made here yet. While well-intentioned, the stringent rules of the tax credit scheme run the risk of dampening EV demand and killing the momentum the car industry had in January.
Finally, car companies now seem to be struggling to reconcile their big environmental promises — you know, vowing to go all-electric by 2035 — with the cold, hard realities of public-company capitalism.
Take General Motors, for example. While it’s made that all-electric commitment, its promised EV lineup has barely materialized yet; the Bolt is the best representation of this promise and it’s on the way out. The Cadillac Lyriq? MIA. The other EVs? Delayed. And the GMC Hummer EV is so environmentally unfriendly, they may as well have just given it a V8 engine. Speaking of, GM has said it’s committed to making gasoline heavy-duty trucks and SUVs for a long time to come; they’re far too profitable to phase out, planet be damned.
Or take the Volkswagen Group, the original “pivot to EVs” automaker in penance for its diesel-cheating sins. It’s dealt with a ton of delays, production problems, and software issues, and it too is reluctant to phase out its most profitable ICE vehicles. And both companies are due to have massive fights with their labor unions over EVs and jobs soon enough.
Essentially, pivoting to EVs is hard. It’s not just about making battery-powered cars. Automakers must retool how cars are designed, built, and sold while focusing on software and revamping their entire supply chains. Deep down, most auto executives would probably rather not do this. It will be an expensive, messy, and complicated process that runs counter to just making shareholders happy each quarter with the status quo until you comfortably retire.
And Tesla’s most powerful weapon keeps proving to be its charging network. There’s perhaps no greater signifier of car companies’ EV trepidation than their willingness to say “You know what? You deal with this” while handing the charging keys to Tesla. GM, Ford, Volvo, Rivian, Volvo, and now Mercedes-Benz have all said they’ll switch to Tesla’s charging standard in North America, giving EV buyers access to that network in the coming years. Perhaps that will drive up EV purchases and make buyers consider things that aren’t Teslas. I think that it probably will.
But in doing so, Tesla will reap significant income in public funding for EV charging stations made possible by the 2021 infrastructure law. It’s unclear whether doing that — and getting revenue from the charging itself — will outweigh potential lost future sales to Mercedes or Volvo or whoever, but one thing seems clear: the biggest winner of the Biden-era tax incentives so far is Tesla.
Short of dramatic price cuts — which are unlikely to happen because these things are so unprofitable as-is — or radically new cheaper battery technologies, it feels unlikely that Tesla will lose the lead in the electric drag race this year or anytime soon.
Who cares if it’s winning on price cuts and its charging network? Ask Dom; a win’s a win.
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Get up to speed on the SPEED Act.
After many months of will-they-won’t-they, it seems that the dream (or nightmare, to some) of getting a permitting reform bill through Congress is squarely back on the table.
“Permitting reform” has become a catch-all term for various ways of taking a machete to the thicket of bureaucracy bogging down infrastructure projects. Comprehensive permitting reform has been tried before but never quite succeeded. Now, a bipartisan group of lawmakers in the House are taking another stab at it with the SPEED Act, which passed the House Natural Resources Committee the week before Thanksgiving. The bill attempts to untangle just one portion of the permitting process — the National Environmental Policy Act, or NEPA.
There are a lot of other ways regulation and bureaucracy get in the way of innovation and clean energy development that are not related to NEPA. Some aren’t even related to permitting. The biggest barrier to building transmission lines to carry new carbon-free energy, for example, is the lack of a standard process to determine who should pay for them when they cross through multiple utility or state jurisdictions. Lawmakers on both sides of the aisle are working on additional bills to address other kinds of bottlenecks, and the SPEED Act could end up being just one piece of the pie by the time it’s brought to the floor.
But while the bill is narrow in scope, it would be sweeping in effect — and it’s highly unclear at this point whether it could garner the bipartisan support necessary to get 60 votes in the Senate. Just two of the 20 Democrats on the Natural Resources Committee voted in favor of the bill.
Still, the context for the debate has evolved significantly from a year ago, as artificial intelligence has come to dominate America’s economic prospects, raising at least some proponents’ hopes that Congress can reach a deal this time.
“We’ve got this bipartisan interest in America winning the AI race, and an understanding that to win the AI race, we’ve got to expand our power resources and our transmission network,” Jeff Dennis, the executive director of the Electricity Customer Alliance and a former official at the Department of Energy’s Grid Deployment Office, told me. “That creates, I think, a new and a different kind of energy around this conversation than we’ve had in years past.”
One thing that hasn’t changed is that the permitting reform conversation is almost impenetrably difficult to follow. Here’s a guide to the SPEED Act to help you navigate the debate as it moves through Congress.
NEPA says that before federal agencies make decisions, whether promulgating rules or approving permits, they must assess the environmental impacts of those decisions and disclose them to the public. Crucially, it does not mandate any particular action based on the outcome of these assessments — that is, agencies still have full discretion over whether to approve a permit, regardless of how risky the project is shown to be.
The perceived problem is that NEPA slows down infrastructure projects of all kinds — clean energy, dirty energy, housing, transit — beyond what should reasonably be expected, and thereby raises costs. The environmental assessments themselves take a long time, and yet third parties still often sue the federal government for not doing a thorough enough job, which can delay project development for many more years.
There’s a fair amount of disagreement over whether and how NEPA is slowing down clean energy, specifically. Some environmental and clean energy researchers have analyzed NEPA timelines for wind, solar, and transmission projects and concluded that while environmental reviews and litigation do run up the clock, that has been more the exception than the rule. Other groups have looked at the same data and seen a dire need for reform.
Part of the disconnect is about what the data doesn’t show. “What you don’t see is how little activity there is in transmission development because of the fear of not getting permits,” Michael Skelly, the CEO of Grid United, told me. “It’s so difficult to go through NEPA, it’s so costly on the front end and it’s so risky on the back end, that most people don’t even try.”
Underlying the dispute is also the fact that available data on NEPA processes and outcomes are scattered and incomplete. The Natural Resources Committee advanced two smaller complementary bills to the SPEED Act that would shine more light on NEPA’s flaws. One, called the ePermit Act, would create a centralized portal for NEPA-related documentation and data. The other directs the federal government to put out an annual report on how NEPA affects project timelines, costs, and outcomes.
During Biden’s presidency, Congress and the administration took a number of steps to reform NEPA — some more enduring than others. The biggest swing was the Fiscal Responsibility Act of 2023, which raised the debt ceiling. In an effort to prevent redundant analyses when a project requires approvals or input from multiple agencies, it established new rules by which one lead agency would oversee the NEPA process for a given project, set the environmental review schedule, and coordinate with other relevant agencies. It also codified new deadlines for environmental review — one year to complete environmental assessments, and two years for meatier "environmental impact statements” — and set page limits for these documents.
The 2021 bipartisan infrastructure law also established a new permitting council to streamline reviews for the largest projects.
The Inflation Reduction Act allocated more than $750 million for NEPA implementation across the federal government so that agencies would have more resources to conduct reviews. Biden’s Council of Environmental Quality also issued new regulations outlining how agencies should comply with NEPA, but those were vacated by a court decision that held that CEQ does not have authority to issue NEPA regulations.
Trump’s One Big Beautiful Bill Act, which he signed in early July, created a new process under NEPA by which developers could pay a fee to the government to guarantee a faster environmental review process.
None of these laws directly affected NEPA litigation, which many proponents of reform say is the biggest cause of delay and uncertainty in the process.
The most positive comments I heard about the SPEED Act from clean energy proponents were that it was a promising, though flawed, opening salvo for permitting reform.
Dennis told me it was “incredibly important” that the bill had bipartisan support and that it clarified the boundaries for what agencies should consider in environmental reviews. Marc Levitt, the director of regulatory reform at the Breakthrough Institute and a former Environmental Protection Agency staffer, said it addresses many of the right problems — especially the issue of litigation — although the provisions as written are “a bit too extreme.” (More on that in a minute.)
Skelly liked the 150-day statute of limitations on challenging agency decisions in court. In general, speeding up the NEPA process is crucial, he said, not just because time is money. When it takes five years to get a project permitted, “by the time you come out the other side, the world has changed and you might want to change your project,” but going through it all over again is too arduous to be worth it.
Industry associations for both oil and gas and clean energy have applauded the bill, with the American Clean Power Association joining the American Petroleum Institute and other groups in signing a letter urging lawmakers to pass it. The American Council on Renewable Energy also applauded the bill’s passage, but advised that funding and staffing permitting agencies was also crucial.
Many environmental groups fundamentally oppose the bill — both the provisions in it, and the overall premise that NEPA requires reform. “If you look at what’s causing delay at large,” Stephen Schima, senior legislative council for Earthjustice Action, told me, “it’s things like changes in project design, local and state regulations, failures of applicants to provide necessary information, lack of funding, lack of staff and resources at the agencies. It’s not the law itself.”
Schima and Levitt both told me that the language in the bill that’s supposed to prevent Trump from revoking previously approved permits is toothless — all of the exceptions listed “mirror almost precisely the conditions under which Trump and his administration are currently taking away permits,” Levitt said. The Solar Energy Industry Association criticized the bill for not addressing the “core problem” of the Trump administration’s “ongoing permitting moratorium” on clean energy projects.
Perhaps the biggest problem people have with the bill, which came up in my interviews and during a separate roundtable hosted by the Bipartisan Policy Center, is the way it prevents courts from stopping projects. An agency could do a slapdash environmental review, miss significant risks to the public, and there would be no remedy other than that the agency has to update its review — the project could move forward as-is.
Those are far from the only red flags. During a Heatmap event on Thursday, Ted Kelly, the director and lead counsel for U.S. energy at the Environmental Defense Fund, told me one of his biggest concerns was the part about ignoring new scientific research. “That just really is insisting the government shut its eyes to new information,” he said. Schima pointed to the injustice of limiting lawsuits to individuals who submitted public comments, when under the Trump administration, agencies have stopped taking public comments on environmental reviews. The language around considering effects that are “separate in time or place from the project or action” is also dangerous, Levitt said. It limits an agency’s discretion over what effects are relevant to consider, including cumulative effects like pollution and noise from neighboring projects.
The SPEED Act is expected to come to a vote on the House floor in the next few weeks. Then the Senate will likely put forward its own version.
As my colleague Jael Holzman wrote last month, Trump himself remains the biggest wildcard in permitting reform. Democrats have said they won’t agree to a deal that doesn’t bar the president from pulling previously-approved permits or otherwise level the playing field for renewable energy. Whether Trump would ever sign a bill with that kind of language is not a question we have much insight into yet.
And more on the week’s biggest fights around renewable energy.
1. Benton County, Washington – The Horse Heaven wind farm in Washington State could become the next Lava Ridge — if the Federal Aviation Administration wants to take up the cause.
2. Dukes County, Massachusetts – The Trump administration signaled this week it will rescind the approvals for the New England 1 offshore wind project.
3. Washtenaw County, Michigan – Michigan attorney general Dana Nessel waded into the fight over an Oracle and OpenAI data center in a rural corner of the state, a major escalation against AI infrastructure development by a prominent Democratic official.
4. Nacogdoches County, Texas – I am eyeing the fight over a solar project in this county for potential chicanery over species and habitat protection.
5. Fulton County, Ohio – In brighter news for the solar industry, Ohio is blessing more of their projects.
A conversation with the co-chair of the House Sustainable Energy and Environment Coalition
This week’s conversation is with Rep. Sean Casten, co-chair of the House Sustainable Energy and Environment Coalition – a group of climate hawkish Democratic lawmakers in the U.S. House of Representatives. Casten and another lawmaker, Rep. Mike Levin, recently released the coalition’s priority permitting reform package known as the Cheap Energy Act, which stands in stark contrast to many of the permitting ideas gaining Republican support in Congress today. I reached out to talk about the state of play on permitting, where renewables projects fit on Democrats’ priority list in bipartisan talks, and whether lawmakers will ever address the major barrier we talk about every week here in The Fight: local control. Our chat wound up immensely informative and this is maybe my favorite Q&A I’ve had the liberty to write so far in this newsletter’s history.
The following conversation was lightly edited for clarity.
Okay, so to start, how does the Cheap Energy Act fit into the bipartisan permitting talks?
There are two separate theories about how Congress is supposed to work, and neither of these theories is universally true but I think they inform two different approaches: do you believe the purpose of Congress is to craft good policy and then put together political consensus to put that policy forward or do you think the purpose of Congress is to find where political compromise exists and then advance the policy that can proceed along that constraint?
Depending on the situation you take Door 1 or you take Door 2.
What Mike Levin and I have tried to do with our Cheap Energy Act is to say, let’s identify the barriers to deploying cheap energy in the United States, let’s try to find the policy that’ll help consumers first and then try to get that policy done. That approach – because of the way our politics is geographically sorted out in our country – implies a wealth transfer from energy producers to energy consumers. And energy producers in this country tend to be dominant in Republican areas. That’s where coal mining is, oil and gas, logging. And energy consumers are where the population is, which skews Democratic. So on a bipartisan basis you really can’t put consumers first because that is detrimental to producers.
I think that’s why you have these two different approaches going on. I guess I have a bias towards our approach but I think we have to be very candid that the other approach does not remove the barriers to cheap energy. It removes the barriers to dirty energy.
To an overwhelming degree, and I’m slightly exaggerating, but there really aren’t permitting barriers to clean energy. There are a lot of permitting barriers to dirty energy. Which is not to say you can’t weaponize the permitting system to stop clean energy from going forward. But if you’re building a solar farm and it has to have a wire that connects it to a load, your environmental footprint is very small.
Now we’ve done some things in our bill to pre-identify corridors where there is minimal species disruptions, minimal disruption of historical artifacts, and say these are corridors where you can build things fast without guessing. Let’s not kid ourselves here: the Antiquities Act exists for a reason, the Endangered Species Act exists for a reason, and the Clean Water Act exists for a reason. But the footprint of those projects environmentally is just much, much smaller than an oil rig and a pipeline and a refinery because all of those things have the potential to leak nasty chemicals that permanently defile the air, land, and water in the vicinity.
The challenge that manifests through permitting is that if I want to lower your cost of energy, that means by definition I am undercutting your current energy provider. For the most part, that provider has undue power over whether or not you get a permit. And they have an incentive to start pamphleting the neighbors around a new transmission line, for example, to say a line is going to lower people’s property values. That’s because it is an economic threat. The reason I know that’s not an issue is you never see utilities struggle to get a new wire.
I previously reported on how the biggest sticking point in bipartisan permitting talks underway today is whether Republicans will go for tying Trump’s hands in his pursuit to stop federal renewable energy permits. Do you think any GOP lawmakers will actually do that?
Ignore whatever politics someone might have. If you’re representing a district that had a ton of wind power, not a lot of load, and you live 200 miles from a major urban center that was paying a lot for electricity, you would probably be very supportive of making it easier to build the wire to access that market and making it easier for the wind turbines to go up.
I have just described the entire Iowa congressional delegation.
Let’s say in the next election, we flip some of those Iowa seats and now what was Republican is now a Democrat, that wouldn’t change the interests of the Iowa delegation. It would just change the party. So there’s reasons why [Iowa Republican] Randy Feenstra and I have led letters on trying to build SOO Green, this high voltage transmission line that would solve exactly the problem I described there. That’s not because he’s a Republican – it’s because it is in the interests of his community.
But then why do we see so few Republicans standing up to the president in his fight specifically against renewable energy, at least in the permitting talks?
We have a huge problem with the White House that they’ve been entirely captured by the interests of energy producers and they have a rooted interest in making the price of energy expensive. The reason why they’re blocking wind permits, and the reason why they’re accelerating oil and gas exports, is because they’re completely captured by people who want the price of oil and gas to be high and they lose money when the price is low.
But that’s a completely separate series of problems.
Within the House, the leadership of the Democratic Party represents concentrated areas that would like the price of energy to be cheap. The leadership of the Republican Party represents oil and gas extractive areas that would like the price of energy to be high. So a rank and file member of the Democratic Party has no particular problem advocating for energy consumers because they’re not crossing leadership. A rank and file member of the Republican Party has no particular problem advocating for the interests of producers because they’re not crossing leadership.
I think where there’s a slight distinction is you can identify any number of Democrats from the oil and gas patch who will regularly vote with the interests of oil and gas producers, and leadership will understand why they are doing that. But it is much harder to identify members of the Republican Party who are advocating for the interests of consumers and get a pass from leadership to do that.
Mmm. So to close the loop on this, how much of a priority is it for Democrats that whatever bipartisan permitting deal is made won’t be used to speed things up for fossil while Trump continues to put the brakes on every little thing a renewable energy permit requires?
Look, I’ve seen nothing out of the House or Senate that wouldn’t do exactly what you just said. Everything would make the price of energy more expensive and make it harder to do reasonable and thoughtful environmental review. In the House and Senate as currently constituted, we are not going to get a good bill that comes through.
I think within the House you have a growing awareness that energy prices are a problem. Certainly the recent elections in New Jersey and Virginia have made that clear. You need to have a strategy to bring energy costs down. That does create an opportunity prior to next November where folks say, can I do something to help my community?
We’ll see when this bill ultimately gets out whether we get much support. I’ll say we’ve privately found Republican support for pieces of it. The way we fix this problem is by doing what the Republican Party used to be known for, which is competition. There’s no reason why we couldn’t incentivize utilities to make money by saving their consumers money. Or incentivize various pieces of the energy industry to better interconnect their markets so you could always choose the lowest cost option because Adam Smith is a god. Those arguments play much better with Republicans in states that have heavily deregulated. There are individual pieces where we’ve found Republican support. And if you think good policy and economics wins, let’s make good policy and economics wins and build support for it.
Last thing – you said there aren’t permitting barriers to clean energy. But in my reporting, I’m constantly covering local communities opposing renewable energy projects, transmission siting, battery storage. It’s a major barrier to development.
What role do you think the federal government and Congress has in dealing with the issue of local control?
It’s an old saw: depending on the issue, I’ll tell you that I’m supportive of states rights.
There are huge chunks of our energy system that should be federalized but aren’t. As an example, it makes no sense that if you want to build a gas pipeline across multiple states in the U.S., you go to FERC and they are the sole permitting authority and they decide whether or not you get a permit. If you go to the same corridor and build an electric transmission line that has less to worry about because there’s no chance of leaks, you have a different permitting body every time you cross a state line. That’s only because of laws going back to the 1930s that gave FERC sole authority on gas but not on the electric side. Our bill would fix that.
We’ve had this legacy of local control that has – not intentionally – had the practical effect of making it much easier for communities to block electric generation and distribution than natural gas distribution. This necessarily means that we have made natural gas producers more politically powerful and electricity consumers less politically powerful. Whether it was an intentional choice or not, it was a choice.
There are ways consistent with energy policy and congressional law where we can rationalize and have more parity across the energy system to make sure we make the right decision every time.
I also think at the end of the day, markets win. West Virginia one hundred years ago was the place to site your energy-intensive manufacturer because they had a ton of hydro and a ton of coal. They’ve tapped out the hydro, the coal is no longer cheap, and the economy is not good anymore. Then shift to Texas which has built more wind and solar than any state in the country and unusually for a red state has been much more pro-competition in how they regulate their energy markets, that has given them more dynamic electricity costs. Those are two different red states and sets of policy choices.