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Trump and Republicans join Big Oil’s push to shut down climate liability efforts


another shutdown imminent

Republicans are attempting to foreclose the ability of cities and states to seek damages linked to climate change.

An aerial view of a partially collapsed home in St. Johnsbury, Vt., on July 30, 2024, after flash floods hit the area. Vermont, along with New York, passed climate superfund laws last year, and similar legislation is pending in a handful of other states. Credit: Danielle Parhizkaran/The Boston Globe via Getty Images

As efforts continue to hold some of the world’s largest fossil fuel corporations liable for destructive and deadly climate impacts, backlash from the politically powerful oil and gas industry and its allies in government is on the rise, bolstered by the Trump administration’s allegiance to fossil fuels.

From lobbying Congress for liability protection to suing states over their climate liability laws and lawsuits, attempts to shield Big Oil from potential liability and to shut down climate accountability initiatives are advancing on multiple fronts.

“The effort has escalated dramatically in the past six or seven months,” said Richard Wiles, president of the Center for Climate Integrity, an organization that advocates for holding fossil fuel companies accountable for selling products they knew were dangerously warming the planet.

Pushback to liability initiatives from fossil fuel interests is not new. But the political landscape has shifted dramatically this year as the second Trump administration works to reward loyalists and campaign donors, including fossil fuel interests.

The oil and gas industry spent $445 million during the last election cycle to influence President Donald Trump and Congress, including $96 million on Trump’s re-election campaign, according to the progressive advocacy group Climate Power.

“What has changed is that there is a new administration,” said Lisa Graves, founder and executive director of True North Research, a national investigative watchdog group. And the Trump administration, she said, “is continuing to defend the fossil fuel industry and assail anyone who dares try to hold them accountable.”

Over the past eight years, communities across the country have filed tobacco-style lawsuits targeting ExxonMobil and major players in the fossil fuel industry, seeking to recover damages for localized climate impacts or to force companies to cease greenwashing and other misleading behavior.

More than 30 of these lawsuits brought by municipal, tribal, and state governments are working their way through the courts, and several are now closer than ever to reaching trial.

At the same time, some states are enacting or considering so-called climate superfund legislation that would hold large fossil fuel companies strictly liable for climate damages and require them to help pay for a portion of climate change costs incurred by state governments. Vermont and New York both passed climate superfund laws last year, and similar legislation is pending in a handful of other states.

In response to these budding accountability efforts, the fossil fuel industry, the Trump administration, Republicans in Congress, and GOP attorneys general are mounting what Wiles describes as a “massive orchestrated campaign” to try to stop climate liability laws and lawsuits in their tracks, and to push for legal immunity akin to what gun manufacturers received two decades ago. Trump’s Department of Justice has even filed highly unusual, if not unprecedented, lawsuits against Vermont and New York seeking to overturn their climate superfund statutes.

“It’s just this superbly choreographed effort on the part of the oil industry and its allies to get gun-industry-style legal immunity for all the damage that they’ve caused,” Wiles told Inside Climate News.

Oil industry is lobbying Congress for a liability shield 

Among the climate liability lawsuits inching closer to trial: a consumer protection case brought by Massachusetts against ExxonMobil, and suits seeking damages filed by Honolulu, Hawaii, and Boulder, Colorado.

As reported by The Wall Street Journal earlier this year and confirmed by The New York Times last month, industry representatives are lobbying Congress for a liability shield of some kind.

The details remain unclear. But the American Petroleum Institute, a trade group, reports lobbying on “draft legislation related to state efforts to impose liability on the oil and gas industry,” while disclosures from ConocoPhillips show that the company has lobbied on the matter of “state superfund legislation,” including draft legislation in Congress addressing it.

Neither API nor ConocoPhillips responded to requests for comment.

Pat Parenteau, emeritus professor of law at Vermont Law and Graduate School, told Inside Climate News that he thinks immunity provisions for the fossil fuel industry are unlikely to pass the Senate.

But the fact that the fossil fuel industry is lobbying for legal protections suggests to Wiles that the industry realizes it could be facing serious legal jeopardy. “Let’s be clear. You don’t seek a [liability] waiver unless you know you’re guilty,” Wiles said.

Over the summer, language emerged in a draft House Appropriations Committee spending bill that specifically would prohibit the District of Columbia from using funds to enforce its consumer protection law “against oil and gas companies for environmental claims.” The bill that included this provision passed the committee but was not brought to the full House for a vote.

But climate accountability advocates say the provision was still alarming because it effectively would have shut down DC’s ongoing consumer protection lawsuit against Big Oil. That suit, filed in 2020, alleges that several major oil companies lied to consumers about the climate risks of their products and that they continue to mislead consumers through greenwashing campaigns. In April, the DC Superior Court rejected the companies’ motions to dismiss the suit.

Anne Havemann, deputy director and general counsel at Chesapeake Climate Action Network, said the appropriations provision “is a threat to this ongoing lawsuit.”

“If [DC] can’t use any money to prosecute these cases and advance these cases, then it effectively can’t work on them,” she said.

Big Oil lawyers seek Supreme Court intervention 

A parallel effort to skirt accountability is playing out in the courts. Fossil fuel companies are vigorously defending themselves in climate liability lawsuits, and they have seen some success in recent months getting cases dismissed by state trial courts.

Now Boulder’s lawsuit is back before the nation’s highest court on a fresh petition from the oil company defendants, after Colorado courts, including the state Supreme Court, refused to dismiss the case. The question posed by the companies in their petition is whether federal law precludes such state law claims.

It is unclear whether the Supreme Court will take up the case this time.

In January, the Supreme Court denied a similar petition from oil companies in a case brought by Honolulu. Courts in Hawaii have rejected the companies’ bids to have the case dismissed, and with the Supreme Court declining to intervene, Honolulu’s case is advancing toward a trial.

Parenteau said the prospect of facing a trial and a potential adverse verdict likely has the oil companies extremely worried. “They’re certainly frightened of a trial just from a reputational standpoint,” he said.

The new petition in the Boulder case now offers the Supreme Court another opportunity to step in. Should the justices decide to intervene, legal experts say that it could essentially shut down all climate liability attempts.

“If they do step in, that’s huge. That changes everything,” Parenteau said. “That is the end game.”

“In one fell swoop it could get rid of all of these cases,” said James May, a law professor at Washburn University.

On October 9, over 100 Republican House members submitted an amicus brief to the Supreme Court backing oil companies ExxonMobil and Suncor in their petition to block Boulder’s lawsuit from moving forward. It is the first time that Republicans in Congress have called on the Supreme Court to intervene in this litigation and to shut down not just this one lawsuit but all others like it.

“In recent years, multiple state and local governments have launched a courtroom war against the American energy industry,” the brief asserts in its opening. “It must stop now.”

The 103 Republican House members who signed onto the brief argue that the municipal and state lawsuits against oil and gas companies are trying to “dictate national energy policy” and that only the federal government has the authority to regulate transboundary greenhouse gas emissions.

“They are arguing that it’s solely EPA’s role to regulate greenhouse gases, but the Trump administration is attempting to eliminate that role by revoking the Endangerment Finding. If that revocation goes through and survives in the courts, it will greatly weaken the oil companies’ preemption defense,” Michael Gerrard, founder and faculty director of the Sabin Center for Climate Change Law at Columbia University, told Inside Climate News.

“This full-court press to block these lawsuits shows that the oil companies and their allies in Congress are really nervous about what would come out if any of these cases actually went to trial,” Gerrard added.

Trump administration on the offensive 

The Trump administration, through its Department of Justice, is fully backing the fossil fuel industry in climate liability litigation, filing amicus briefs, for example, in cases now pending before the US Supreme Court and the Maryland Supreme Court.

But its efforts to shield the industry from accountability extend beyond friend-of-the-court briefs.

Following a White House meeting where oil company executives raised concerns about state climate laws and lawsuits, Trump issued an executive order in April directing Attorney General Pam Bondi to try to put a stop to these legal initiatives.

In response, the DOJ then sued four states, including preemptive suits brought against Hawaii and Michigan before either state had filed such a lawsuit (Hawaii sued major oil companies the next day). The DOJ’s other lawsuits targeted Vermont and New York to try to strike down their climate superfund laws, which are based on the “polluter pays” logic of the Environmental Protection Agency’s Superfund program aimed at forcing polluting companies to remediate damage from toxic waste sites.

Advances in a field known as climate attribution science have made the “polluter pays” aspect of the superfund laws possible, enabling scientists to quantify the individual contributions of major fossil fuel producers to climate impacts such as sea level rise and heat waves.

The DOJ has now filed motions for summary judgment in both of these lawsuits, asking federal courts to permanently block the states’ climate superfund laws.

“Vermont’s flagrantly unconstitutional statute threatens to throttle energy production, despite this Administration’s efforts to unleash American energy. It’s high time for the courts to put a stop to this crippling state overreach,” Acting Assistant Attorney General Adam Gustafson said in a statement issued by the DOJ on September 16.

Havemann, with the Chesapeake Climate Action Network, told Inside Climate News that the current Trump administration seems to be taking a more aggressive approach to protecting the fossil fuel industry and to fighting attempts to hold it accountable.

“The Trump administration has come in and used many different tools in its toolbox to go after these accountability lawsuits and the laws that also seek to hold the biggest polluters accountable for climate damages,” she said. “It’s very much on the radar of the Trump administration in a way that it has not been in the past.”

The White House did not immediately respond to a request for comment.

“Enter the Dragon”

With US Sen. Ted Cruz (R-Texas) holding the gavel, climate litigation came up as the subject of a Republican-led congressional hearing this summer before a Judiciary Committee subcommittee.

The hearing’s provocative title: “Enter the Dragon—China and the Left’s Lawfare Against American Energy Dominance.”

Cruz used the hearing to attack climate liability lawsuits and claim that they are a nefarious left-wing plot that is in part funded by, and that benefits, the Chinese Communist Party. “Both China and the Democrats want to bankrupt the American energy industry,” Cruz said during the hearing.

NPR’s Michael Copley reported last month that “Cruz’s office has not offered evidence that China or a China-linked nonprofit that Cruz identified by name has funded climate lawsuits in the United States.”

In response to that reporting, Cruz told Inside Climate News that “NPR deliberately ignored objective facts.”

“The Chinese Communist Party uses cut-outs and ‘nonprofits’ to shape US energy policy, funding propaganda, advocacy, and litigation that harm American workers,” Cruz said in an emailed statement, which was also included in the NPR story after it was published. The “China-linked nonprofit” referenced in the NPR story, Energy Foundation China, does fund some climate initiatives, Cruz said in his statement.

“In January 2024, three House committee chairs opened an investigation into Chinese influence, citing EFC’s ties and funding of groups like [the Natural Resources Defense Council] and RMI,” he added.

A spokesperson for RMI, a nonprofit group working on the global energy transition, said that the organization “does not participate in litigation.” RMI’s “work supported by Energy Foundation China, which is a US-based charitable organization, is focused squarely on the energy transition inside of China,” the spokesperson added.

The Natural Resources Defense Council (NRDC), a nonprofit group that works to protect public health and the environment, does some “work in China for one reason: there’s not a single global environmental problem that can be fixed unless China is part of the solution,” NRDC spokesperson Josh Mogerman said. He added that the organization “does not fundraise in China” and that “money from China does not fund NRDC litigation in the United States, period.”

Cruz, who represents the country’s biggest oil and gas producing state, did not respond to Inside Climate News’ question about whether he supports immunizing oil companies from liability.

GOP attorneys general enter the fray 

During the Cruz-led hearing, the Republican attorney general for the state of Kansas, Kris Kobach, testified as one of the majority witnesses. He referenced the New York and Vermont climate superfund laws, claiming these statutes impose extraterritorial regulation on energy companies, and mentioned that his state and other Republican-led states are suing to try to overturn these state laws.

“We will continue these fights in court as state attorneys general. But we do need some help from Congress,” Kobach said. He suggested that Congress could legislate to expressly preempt state climate laws like the climate superfund laws.

Kobach and 15 other Republican state attorneys general also made this suggestion, along with several other recommendations for congressional action, in a letter addressed to Bondi, the US attorney general.

The June 12 letter references Trump’s executive orders to “unleash” fossil fuels and protect the fossil fuel industry from “state overreach.” The letter says its purpose is to “suggest additional steps” the Department of Justice could take to effectuate these orders and assist in the “fight against anti-energy interests.”

Specifically, the Republican AGs suggest the DOJ could recommend legislation to reinforce federal preemption of state climate liability laws or lawsuits; restrict federal funding for states seeking to impose liability on energy companies; create a right of removal to federal district court for climate suits; and, among other items, stop “activist-funded climate lawsuits” with a liability shield, similar to the law that granted immunity for gun manufacturers.

Wiles, with the Center for Climate Integrity, said it is especially striking to see Republican attorneys general explicitly recommend a similar liability shield for fossil fuel companies. “The attorneys general actually called for Congress to enact a gun-style liability waiver for the oil industry,” he said. “We saw how that [gun industry immunity] ended up. It certainly was not helpful in curbing gun violence or in serving any public interest objective.”

The coordinated litigation strategies and actions of Republican state attorneys general in defense of fossil fuel and other industries stem from an organization called the Republican Attorneys General Association (RAGA), which Graves said was created in the wake of the tobacco industry being held accountable through the 1998 Master Settlement Agreement.

The organization, which currently lists 29 Republican state attorneys general as members, has been funded through donations from conservative judicial activists like Leonard Leo as well as from corporate interests including those in the fossil fuel industry. The American Petroleum Institute gave over $125,000 to RAGA in 2024, and in the first six months of this year Chevron’s Policy, Government and Public Affairs division donated $25,000 to the organization, for example.

Graves describes RAGA as a “pay-to-play organization.”

“It has a pay sheet listing what kind of access you get to attorneys general based on how much you give,” she told Inside Climate News.

“These attorneys general use the prestige of their office and their power and the resources that their taxpayers are providing to serve the interests of industry, select industries that they are most tied to, and that certainly includes the fossil fuel industry,” Graves added.

The Republican Attorneys General Association did not respond to a request for comment.

“A perilous moment”

The intensifying backlash to climate accountability efforts coming from the fossil fuel industry and its political defenders is happening at a time when some political scholars warn that the US is sliding into some form of authoritarianism, which advocates say magnifies the challenges of holding powerful interests to account writ large.

“It’s a perilous moment for democratic norms and institutions,” said Kathy Mulvey, accountability campaign director for the climate and energy program at the Union of Concerned Scientists.

“Anybody who is pursuing policy change or litigation for accountability or enforcement is counting on the courts to be a real backstop for democratic institutions,” Mulvey told Inside Climate News.

Should the fossil fuel industry somehow succeed in securing legal immunity, Wiles said it “would be consistent with the erosion of the rule of law that we’re seeing.”

“No industry should be above the law,” he added.

This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy, and the environment. Sign up for their newsletter here.

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What climate targets? Top fossil fuel producing nations keep boosting output


Top producers are planning to mine and drill even more of the fuels in 2030.

Machinery transfers coal at a port in China’s Chongqing municipality on April 20. Credit: STR/AFP via Getty Images

The last two years have witnessed the hottest one in history, some of the worst wildfire seasons across Canada, Europe and South America and deadly flooding and heat waves throughout the globe. Over that same period, the world’s largest fossil fuel producers have expanded their planned output for the future, setting humanity on an even more dangerous path into a warmer climate.

Governments now expect to produce more than twice as much coal, oil and gas in 2030 as would be consistent with the goals of the Paris Agreement, according to a report released Monday. That level is slightly higher than what it was in 2023, the last time the biennial Production Gap report was published.

The increase is driven by a slower projected phaseout of coal and higher outlook for gas production by some of the top producers, including China and the United States.

“The Production Gap Report has long served as a mirror held up to the world, revealing the stark gap between fossil fuel production plans and international climate goals,” said Christiana Figueres, former executive secretary of the United Nations Framework Convention on Climate Change, in a foreword to the report. “This year’s findings are especially alarming. Despite record climate impacts, a winning economic case for renewables, and strong societal appetite for action, governments continue to expand fossil fuel production beyond what the climate can withstand.”

The peer-reviewed report, written by researchers at the Stockholm Environment Institute, Climate Analytics and the International Institute for Sustainable Development, aims to focus attention on the supply side of the climate equation and the government policies that encourage or steer fossil fuel production.

“Governments have such a significant role in setting up the rules of the game,” said Neil Grant, a senior expert at Climate Analytics and one of the authors, in a briefing for reporters. “What this report shows is most governments are not using that influence for good.”

Chart showing growth in fossil fuel production

Credit: Inside Climate News

The report’s blaring message is that these subsidies, tax incentives, permitting and other policies have largely failed to adapt to the climate targets nations have adopted. The result is a split screen. Governments say they will cut their own climate-warming pollution, yet they plan to continue producing the fossil fuels that are driving that pollution far beyond what their climate targets would allow.

The report singles out the United States as “the starkest case of a country recommitting to fossil fuels.” The data for the United States, which draws on the latest projections of the US Energy Information Administration, does not reflect most of the policies the Trump administration and Congress have put in place this year to promote fossil fuels.

Since January, Congress has enacted billions of dollars in new subsidies to oil and gas companies while the Trump administration has forced retiring coal plants to continue operating, expanded mining and drilling access on public lands, delayed deadlines for drillers to comply with limits on methane pollution and fast-tracked fossil fuel permitting while setting roadblocks for building wind and solar energy projects.

In response to the report, White House spokesperson Taylor Rogers said in an email, “As promised, President Trump ended Joe Biden’s war on American energy and unleashed American energy on day one in the best interest of our country’s economic and national security. He will continue to restore American’s energy dominance.”

Chart showing planned fuel production

Credit: Inside Climate News

The Production Gap report assessed the government plans or projections of 20 of the world’s top producers. Some have state-owned enterprises while others are dominated by publicly listed companies. The countries, which were chosen for their production levels, availability of data and presence of clear climate targets, account for more than 80 percent of fossil fuel output. The report models total global production by scaling the data up to account for the rest.

All but three of the 20 nations are planning or projecting increased production in 2030 of at least one fossil fuel. Eleven now project higher production of at least one fuel in 2030 than they did two years ago.

Expected global output of coal, oil, and gas for 2030 is now 120 percent more than what would be consistent with pathways to limit warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit) and 77 percent higher than scenarios to keep warming to less than 2 degrees Celsius (3.6 degrees Fahrenheit). The greater the warming, the more severe the consequences will be on extreme weather, rising seas and other impacts.

While previous installments of the report were published under the auspices of the United Nations Environment Program, this year’s version was issued independently.

In a sign of the world’s continuing failure to limit fossil fuel use, the modeling scenarios the report uses are becoming obsolete. Because nations have continued to burn more coal, gas and oil every year, future cuts would now need to be even steeper than what is reflected in the report to keep climate targets within reach.

“We’re already going into sort of the red and burning up our debt,” Grant said.

Three nations alone—China, the United States and Russia—were responsible for more than half of “extraction-based” emissions in 2022, or the pollution that comes when the fossil fuels are burned.

Ira Joseph, a senior research associate at the Center on Global Energy Policy at Columbia University, who was not involved in the report, said its focus on supply highlights an important part of understanding global energy markets.

“Any type of tax breaks or subsidies or however you want to call them lowers the break-even cost for producing oil and gas,” Joseph said. Lower costs mean more supply, which in turn lowers prices and spurs more demand. The projections and plans the report is based on, Joseph said, reflect this global give and take.

Chart showing fossil fuel increase by country

Credit: Inside Climate News

The biggest changes since the last report come from a slower projected decline in China’s coal mining and faster expected growth in gas production in the United States. Smaller producers are also expecting sharper increases in gas output.

The report did highlight some bright spots. Two additional governments—Brazil and Colombia—are developing plans that would align fossil fuel production with climate goals, bringing the total to six out of the 20. Germany now expects a more accelerated phase-out of coal production. China is speeding its deployment of wind and solar energy. Some countries have also reduced subsidies for fossil fuels.

Yet these measures clearly fall far short, the report said.

The authors called on governments to coordinate their policies and plan for how they can collectively lower production in a way that keeps climate targets within reach without shocking the economies that depend on the jobs and revenue provided by mining, drilling, and processing the fuels. They pointed to a handful of efforts—called Just Energy Transition Partnerships—to provide financing from wealthy countries to support phasing out coal in developing or emerging economies. These programs have struggled to mobilize much money, however, and the Trump administration has withdrawn the United States from them.

Grant said the policies indicate that government officials are failing to adapt to a more uncertain future.

“Change doesn’t happen in straight lines, but I think if you look at the Production Gap report this year, what you see is that many governments are still thinking in straight lines,” Grant said.

The policies the team examined foresee fossil fuel use remaining steady or declining gradually. The result, Grant argued, could be one of two scenarios: Either fossil fuel use remains high for years, in line with these production plans, or it declines more quickly and governments are unprepared for the sudden drop in sales.

“Those would lead to either climate chaos or significant negative economic impacts on countries,” Grant said. “So we need to try to avoid both of those. And the way to do that is to try to align our fossil fuel production plans with our climate goals.”

This story originally appeared on Inside Climate News.

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Trump promised a drilling boom, but US energy industry hasn’t been interested


Exec: “Liberation Day chaos and tariff antics have harmed the domestic energy industry.”

“We will drill, baby, drill,” President Donald Trump declared at his inauguration on January 20. Echoing the slogan that exemplified his energy policies during the campaign, he made his message clear: more oil and gas, lower prices, greater exports.

Six months into Trump’s second term, his administration has little to show on that score. Output is ticking up, but slower than it did under the Biden administration. Pump prices for gasoline have bobbed around where they were in inauguration week. And exports of crude oil in the four months through April trailed those in the same period last year.

The White House is discovering, perhaps the hard way, that energy markets aren’t easily managed from the Oval Office—even as it moves to roll back regulations on the oil and gas sector, offers up more public lands for drilling at reduced royalty rates, and axes Biden-era incentives for wind and solar.

“The industry is going to do what the industry is going to do,” said Jenny Rowland-Shea, director for public lands at the Center for American Progress, a progressive policy think tank.

That’s because the price of oil, the world’s most-traded commodity, is more responsive to global demand and supply dynamics than to domestic policy and posturing.

The market is flush with supplies at the moment, as the Saudi Arabia-led cartel of oil-producing nations known as OPEC+ allows more barrels to flow while China, the world’s top oil consumer, curbs its consumption. Within the US, a boom in energy demand driven by rapid electrification and AI-serving data centers is boosting power costs for homes and businesses, yet fossil fuel producers are not rushing to ramp up drilling.

There is one key indicator of drilling levels that the industry has watched closely for more than 80 years: a weekly census of active oil and gas rigs published by Baker Hughes. When Trump came into office January 20, the US rig count was 580. Last week, the most recent figure, it was down to 542—hovering just above a four-year low reached earlier in the month.

The most glaring factor behind this stagnant rig count is the current level of crude oil prices. Take the US benchmark grade: West Texas Intermediate crude. Its prices were near $66 a barrel on July 28, after hitting a four-year low of $62 in May. The break-even level for drilling new wells is somewhere close to $60 per barrel, according to oil and gas experts.

That’s before you account for the fallout of elevated tariffs on steel and other imports for the many companies that get their pipes and drilling equipment from overseas, said Robert Rapier, editor-in-chief of Shale Magazine, who has two decades of experience as a chemical engineer.

The Federal Reserve Bank of Dallas’ quarterly survey of over 130 oil and gas producers based in Texas, Louisiana, and New Mexico, conducted in June, suggests the industry’s outlook is pessimistic. Nearly half of the 38 firms that responded to this question saw their firms drilling fewer wells this year than they had earlier expected.

Survey participants could also submit comments. One executive from an exploration and production (E&P) company said, “It’s hard to imagine how much worse policies and DC rhetoric could have been for US E&P companies.” Another executive said, “The Liberation Day chaos and tariff antics have harmed the domestic energy industry. Drill, baby, drill will not happen with this level of volatility.”

Roughly one in three survey respondents chalked up the expectations for fewer wells to higher tariffs on steel imports. And three in four said tariffs raised the cost of drilling and completing new wells.

“They’re getting more places to drill and they’re getting some lower royalties, but they’re also getting these tariffs that they don’t want,” Rapier said. “And the bottom line is their profits are going to suffer.”

Earlier this month, ExxonMobil estimated that its profit in the April-June quarter will be roughly $1.5 billion lower than in the previous three months because of weaker oil and gas prices. And over in Europe, BP, Shell, and TotalEnergies issued similar warnings to investors about hits to their respective profits.

These warnings come even as Trump has installed friendly faces to regulate the oil and gas sector, including at the Department of Energy, the Environmental Protection Agency, and the Department of the Interior, the latter of which manages federal lands and is gearing up to auction more oil and gas leases on those lands.

“There’s a lot of enthusiasm for a window of opportunity to make investments. But there’s also a lot of caution about wanting to make sure that if there’s regulatory reforms, they’re going to stick,” said Kevin Book, managing director of research at ClearView Energy Partners, which produces analyses for energy companies and investors.

The recently enacted One Big Beautiful Bill Act contains provisions requiring four onshore and two offshore lease sales every year, lowering the minimum royalty rate to 12.5 percent from 16.67 percent, and bringing back speculative leasing—when lands that don’t invite enough bids are leased for less money—that was stopped in 2022.

“Pro-energy policies play a critical role in strengthening domestic production,” said a spokesperson for the American Petroleum Institute, the top US oil and gas industry group. “The new tax legislation unlocks opportunities for safe, responsible development in critical resource basins to deliver the affordable, reliable fuel Americans rely on.”

Because about half of the federal royalties end up with the states and localities where the drilling occurs, “budgets in these oil and gas communities are going to be hit hard,” Rowland-Shea of American Progress said. Meanwhile, she said, drilling on public lands can pollute the air, raise noise levels, cause spills or leaks, and restrict movement for both people and wildlife.

Earlier this year, Congress killed an EPA rule finalized in November that would have charged oil and gas companies for flaring excess methane from their operations.

“Folks in the Trump camp have long said that the Biden administration was killing drilling by enforcing these regulations on speculative leasing and reining in methane pollution,” said Rowland-Shea. “And yet under Biden, we saw the highest production of oil and gas in history.”

In fact, the top three fossil fuel producers collectively earned less during Trump’s first term than they did in either of President Barack Obama’s terms or under President Joe Biden. “It’s an irony that when Democrats are in there and they’re putting in policies to shift away from oil and gas, which causes the price to go up, that is more profitable for the oil and gas industry,” said Rapier.

That doesn’t mean, of course, that the Trump administration’s actions won’t have long-lasting climate implications. Even though six months may be a significant amount of time in political accounting, investment decisions in the energy sector are made over longer horizons, ClearView’s Book said. As long as the planned lease sales take place, oil companies can snap up and sit on public lands until they see more favorable conditions for drilling.

It’s an irony that when Democrats are in there and they’re putting in policies to shift away from oil and gas, which causes the price to go up, that is more profitable for the oil and gas industry.

What could pad the demand for oil and gas is how the One Big Beautiful Bill Act will withdraw or dilute the Inflation Reduction Act’s tax incentives and subsidies for renewable energy sources. “With the kneecapping of wind and solar, that’s going to put a lot more pressure on fossil fuels to fill that gap,” Rowland-Shea said.

However, the economics of solar and wind are increasingly too attractive to ignore. With electricity demand exceeding expectations, Book said, “any president looking ahead at end-user prices and power supply might revisit or take a flexible position if they find themselves facing shortage.”

A recent United Nations report found that “solar and wind are now almost always the least expensive—and the fastest—option for new electricity generation.” That is why Texas, deemed the oil capital of the world, produces more wind power than any other state and also led the nation in new solar capacity in the last two years.

Renewables like wind and solar, said Rowland-Shea, are “a truly abundant and American source of energy.”

This story originally appeared on Inside Climate News.

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Rough road to “energy dominance” after GOP kneecaps wind and solar


Experts argue that Trump’s One Big Beautiful Bill Act will increase costs for consumers.

As the One Big Beautiful Bill Act squeaked its way through Congress earlier this month, its supporters heralded what they described as a new era for American energy and echoed what has become a familiar phrase among President Donald Trump’s supporters.

“Congress has taken decisive action to advance President Trump’s energy dominance agenda,” said American Petroleum Institute President and CEO Mike Sommers in a statement after the House passed the bill.

Republicans concurred, with legislators ranging from Rep. Mariannette Miller-Meeks of Iowa, chair of the Conservative Climate Caucus, to Energy and Commerce Committee Chairman Rep. Brett Guthrie of Kentucky releasing statements after the bill’s passage championing its role in securing “energy dominance.”

The idea and rhetoric of energy dominance has its roots in the first Trump administration, although a formal definition for the phrase is hard to come by. When Trump signed an executive order this February establishing the National Energy Dominance Council, he included expanding energy production, lowering prices and reducing reliance on foreign entities among the council’s goals, while also emphasizing the importance of oil production and liquefied natural gas (LNG) exports.

The phrase has become something of a battle cry among the president’s supporters, with EPA Administrator Lee Zeldin writing in the Washington Examiner on July 8 that “Trump is securing America’s energy future in a modern-day version of how our Founding Fathers secured our freedom.”

“Through American energy dominance, we’re not just powering homes and businesses,” Zeldin said. “We’re Powering the Great American Comeback.”

But despite claims from Republican officials and the fossil fuel industry that the megabill will help secure energy dominance, some experts worry that the legislation’s cuts to wind and solar actually undermine those goals at a time when electricity demand is rising, limiting America’s ability to add new generation capacity, raising prices for consumers and ceding global leadership in the clean energy transition.

Dan O’Brien, a senior modeling analyst at the climate policy think tank Energy Innovation, said the bill will increase domestic production of oil and gas by increasing lease sales for drilling—mostly in the Gulf of Mexico, onshore and in Alaska, O’Brien said.

A January study commissioned by the American Petroleum Institute reported that a legislatively directed offshore oil and natural gas leasing program, which API says is similar to the measures included in the One Big Beautiful Bill Act months later, would increase oil and natural gas production by 140,000 barrels of oil equivalent (BOE) per day by 2034.

That number would rise to 510,000 BOE per day by 2040, the study says.

Losses likely to outweigh the gains

However, O’Brien said the gains America can expect from the fossil fuel industry pale in comparison to losses from renewable energy.

Energy Innovation’s analysis projects that less than 20 gigawatts of additional generation capacity from fossil fuels can be expected by 2035 as a result of the bill, compared to a decrease of more than 360 gigawatts in additional capacity from renewable energy.

The difference between those numbers—a decrease of 344 gigawatts—is roughly equivalent to the energy use of about 100 million homes, O’Brien said.

According to O’Brien, if the One Big Beautiful Bill had not been passed, the US could have expected to add around 1,000 gigawatts of electricity generation capacity in the next 10 years.

But as a result of the bill, “around a third of that will be lost,” O’Brien said.

Those losses largely stem from the bill’s rollback of incentives for wind and solar projects.

“Solar and wind are subject to different—and harsher—treatment under the OBBB than other technologies,” according to the law firm Latham & Watkins. Tax credits for those projects are now set to phase out on a significantly faster timeline, rolling back some of the commitments promised under the Inflation Reduction Act.

Lucero Marquez, the associate director for federal climate policy at the Center for American Progress, said that removing those incentives undercuts America’s ability to achieve its energy needs.

“America needs affordable, reliable, and domestically produced energy, which wind and solar does,” Marquez said. “Gutting clean energy incentives really just does not help meet those goals.”

New projects will also be subject to rules “primarily intended to prevent Chinese companies from claiming the tax credits and to reduce reliance on China for supply chains of clean energy technologies,” the Bipartisan Policy Center wrote in an explainer.

However, those rules are “extremely complex” and could lead to “decreased U.S. manufacturing and increased Chinese dominance in these supply chains, contrary to their goal,” according to the think tank.

Surging energy prices

O’Brien said Energy Innovation’s modeling suggests that the loss in additional generation capacity from renewable energies will lead existing power plants, which are more expensive to run than new renewable energy projects would have been, to run more frequently to offset the lack of generation from wind and solar projects not coming online.

The consequences of that, according to O’Brien, are that energy prices will rise, which also means the amount of energy produced will go down in response to decreased demand for the more expensive supply.

An analysis by the REPEAT Project from the Princeton ZERO Lab and Evolved Energy Research similarly predicted increased energy prices for consumers as a result of the bill.

According to that analysis, average household energy costs will increase by over $280 per year by 2035, a more than 13 percent hike.

One of the authors of that analysis, Princeton University professor Jesse D. Jenkins, did not respond to interview requests for this article but previously wrote in an email to Inside Climate News that Republicans’ claims about securing energy dominance through the bill “don’t hold up.”

In an emailed statement responding to questions about those analyses and how their findings align with the administration’s goals of attaining energy dominance, White House assistant press secretary Taylor Rogers wrote that “since Day One, President Trump has taken decisive steps to unleash American energy, which has driven oil production and reduced the cost of energy.”

“The One, Big, Beautiful Bill will turbocharge energy production by streamlining operations for maximum efficiency and expanding domestic production capacity,” Rogers wrote, “which will deliver further relief to American families and businesses.”

In an emailed statement, Rep. Guthrie said that the bill “takes critical steps toward both securing our energy infrastructure and bringing more dispatchable power online.”

“Specifically, the bill does this by repairing and beginning to refill the Strategic Petroleum Reserve that was drained during the Biden-Harris Administration, and through the creation of the Energy Dominance Financing program to support new investments that unleash affordable and reliable energy,” the Energy and Commerce chairman wrote.

Cullen Hendrix, a senior fellow at the Peterson Institute for International Economics, also said that the bill “advances the administration’s stated goal of energy dominance,” but added that it does so “primarily in sunsetting, last-generation technologies, while ceding the renewable energy future to others.”

“It wants lower energy costs at home and more U.S. energy exports abroad—for both economic and strategic reasons … the OBBB delivers on that agenda,” Hendrix said.

Still, Hendrix added that “the United States that emerges from all this may be a bigger player in a declining sector—fossil fuels—and a massively diminished player in a rapidly growing one: renewable energy.”

“It will help promote the Trump administration’s ambitions of fossil dominance (or at least influence) but on pain of helping build a renewable energy sector for the future,” Hendrix wrote. “That is net-negative globally (and locally) from a holistic perspective.”

Adam Hersh, a senior economist at the Economic Policy Institute, argued that he sees a lot in the bill “that is going to move us in the opposite direction from energy dominance.”

“They should have named this bill the ‘Energy Inflation Act,’ because what it’s going to mean is less energy generated and higher costs for households and for businesses, and particularly manufacturing businesses,” Hersh said.

Hersh also said that even if the bill does lead to increased exports of US-produced energy, that would have a direct negative impact on costs for consumers at home.

“That’s only going to increase domestic prices for energy, and this has long been known and why past administrations have been reluctant to expand exports of LNG,” Hersh said. “That increased demand for the products and competition for the resources will mean higher energy prices for U.S. consumers and businesses.”

“Pushing against energy dominance”

Frank Maisano, a senior principal at the lobbying firm Bracewell LLP, said that although the bill creates important opportunities for things such as oil and gas leasing and the expansion of geothermal and hydrogen energy, the bill’s supporters “undercut themselves” by limiting opportunities for growth in wind and solar.

“The Biden folks tried to lean heavily onto the energy transition because they wanted to limit emissions,” Maisano said. “They wanted to push oil and gas out and push renewables in.”

Now, “these guys are doing the opposite, which is to push oil and gas and limit wind and solar,” Maisano said. “Neither of those strategies are good strategies. You need to have a combination of all these strategies and all these generation sources, especially on the electricity side, to make it work and to meet the challenges that we face.”

Samantha Gross, director of the Brookings Institution’s Energy Security and Climate Initiative, said that while she isn’t concerned about whether the US will build enough electricity generation to meet the needs of massive consumers like data centers and AI, she is worried that the bill pushes the next generation of that growth further towards fossil fuels.

“I don’t think energy dominance—not just right this instant, but going forward—is just in fossil fuels,” Gross said.

Even beyond the One Big Beautiful Bill, Gross said that many of the administration’s actions run counter to their stated objectives on energy.

“You hear all this talk about energy dominance, but for me it’s just a phrase, because a lot of things that the administration is actually doing are pushing against energy dominance,” Gross said.

“If you think about the tariff policy, for instance, ‘drill, baby, drill’ and a 50 percent tariff on pipeline steel do not go together. Those are pulling in completely opposite directions.”

Aside from domestic energy needs, Gross also worried that the pullback from renewable energy will harm America’s position on the global stage.

“It’s pretty clear which way the world is going,” Gross said. “I worry that we’re giving up … I don’t like the term ‘energy dominance,’ but future leadership in the world’s energy supply by pulling back from those.”

“We’re sort of ceding those technologies to China in a way that is very frustrating to me.”

Yet even in the wake of the bill’s passage, some experts see hope for the future of renewable energy in the US.

Kevin Book, managing director at the research firm ClearView Energy Partners, said that the bill “sets up a slower, shallower transition” toward renewable energy. However, he added that he doesn’t think it represents the end of that transition.

“Most of the capacity we’re adding to our grid in America these days is renewable, and it’s not simply because of federal incentives,” Book said. “So if you take away those federal incentives, there were still economic drivers.”

Still, Book said that the final impacts of the Trump administration’s actions on renewable energy are yet to be seen.

“The One Big Beautiful Bill Act is not the end of the story,” Book said. “There’s more coming, either regulatorily and/or legislatively.”

This story originally appeared on Inside Climate News.

Photo of Inside Climate News

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US solar production soars by 25 percent in just one year

Solar sailing —

2024 is seeing the inevitable outcome of the building boom in solar farms.

A single construction person set in the midst of a sea of solar panels.

With the plunging price of photovoltaics, the construction of solar plants has boomed in the US. Last year, for example, the US’s Energy Information Agency expected that over half of the new generating capacity would be solar, with a lot of it coming online at the very end of the year for tax reasons. Yesterday, the EIA released electricity generation numbers for the first five months of 2024, and that construction boom has seemingly made itself felt: generation by solar power has shot up by 25 percent compared to just one year earlier.

The EIA breaks down solar production according to the size of the plant. Large grid-scale facilities have their production tracked, giving the EIA hard numbers. For smaller installations, like rooftop solar on residential and commercial buildings, the agency has to estimate the amount produced, since the hardware often resides behind the metering equipment, so only shows up via lower-than-expected consumption.

In terms of utility-scale production, the first five months of 2024 saw it rise by 29 percent compared to the same period in the year prior. Small-scale solar was “only” up by 18 percent, with the combined number rising by 25.3 percent.

Most other generating sources were largely flat, year over year. This includes coal, nuclear, and hydroelectric, all of which changed by 2 percent or less. Wind was up by 4 percent, while natural gas rose by 5 percent. Because natural gas is the largest single source of energy on the grid, however, its 5 percent rise represents a lot of electrons—slightly more than the total increase in wind and solar.

US electricity sources for January through May of 2024. Note that the numbers do not add up to 100 percent due to the omission of minor contributors like geothermal and biomass.

Enlarge / US electricity sources for January through May of 2024. Note that the numbers do not add up to 100 percent due to the omission of minor contributors like geothermal and biomass.

John Timmer

Overall, energy use was up by about 4 percent compared to the same period in 2023. This could simply be a matter of changing weather conditions that require more heating or cooling. But there have been several trends that should increase electricity usage: the rise of bitcoin mining, the growth of data centers, and the electrification of appliances and transport. So far, that hasn’t shown up in the actual electricity usage in the US, which has stayed largely flat for decades. It could be possible that 2024 is the year when usage starts going up again.

More to come

It’s worth noting that this data all comes from before some of the most productive months of the year for solar power; overall, the EIA is predicting that solar production could rise by as much as 42 percent in 2024.

So, where does this leave the US’s efforts to decarbonize? If we combine nuclear, hydro, wind, and solar under the umbrella of carbon-free power sources, then these account for about 45 percent of US electricity production so far this year. Within that category, wind and solar now produce more than three times hydroelectric, and roughly the same amount as nuclear.

Wind and solar have also produced 1.3 times as much electricity as coal so far in 2024, with solar alone now producing about half as much as coal. That said, natural gas still produces twice as much electricity as wind and solar combined, indicating we still have a long way to go to decarbonize our grid.

When you look at the generating facilities that will be built over the next 12 months, it's difficult not to see a pattern.

Enlarge / When you look at the generating facilities that will be built over the next 12 months, it’s difficult not to see a pattern.

Still, we can expect solar’s productivity to climb even before the year is out. That’s in part because we don’t yet have numbers for June, the month that contains the longest day of the year. But it’s also because the construction boom shows no sign of stopping. As noted here, solar and wind deployments are expected to dwarf everything else over the coming year. The items in gray on the map primarily represent battery storage, which will allow us to make better use of those renewables, as well.

By contrast, facilities that are scheduled for retirement over the next year largely consist of coal and natural gas plants.

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Banks use your deposits to loan money to fossil-fuel, emissions-heavy firms

Money for something —

Your $1,000 in the bank creates emissions equal to a flight from NYC to Seattle.

High angle shot of female hand inserting her bank card into automatic cash machine in the city. Withdrawing money, paying bills, checking account balances and make a bank transfer. Privacy protection, internet and mobile banking security concept

When you drop money in the bank, it looks like it’s just sitting there, ready for you to withdraw. In reality, your institution makes money on your money by lending it elsewhere, including to the fossil fuel companies driving climate change, as well as emissions-heavy industries like manufacturing.

So just by leaving money in a bank account, you’re unwittingly contributing to worsening catastrophes around the world. According to a new analysis, for every $1,000 dollars the average American keeps in savings, each year they indirectly create emissions equivalent to flying from New York to Seattle. “We don’t really take a look at how the banks are using the money we keep in our checking account on a daily basis, where that money is really circulating,” says Jonathan Foley, executive director of Project Drawdown, which published the analysis. “But when we look under the hood, we see that there’s a lot of fossil fuels.”

By switching to a climate-conscious bank, you could reduce those emissions by about 75 percent, the study found. In fact, if you moved $8,000 dollars—the median balance for US customers—the reduction in your indirect emissions would be twice that of the direct emissions you’d avoid if you switched to a vegetarian diet.

Put another way: You as an individual have a carbon footprint—by driving a car, eating meat, running a gas furnace instead of a heat pump—but your money also has a carbon footprint. Banking, then, is an underappreciated yet powerful avenue for climate action on a mass scale. “Not just voting every four years, or not just skipping the hamburger, but also where my money sits, that’s really important,” says Foley.

Just as you can borrow money from a bank, so too do fossil fuel companies and the companies that support that industry—think of building pipelines and other infrastructure. “Even if it’s not building new pipelines, for a fossil fuel company to be doing just its regular operations—whether that’s maintaining the network of gas stations that it owns, or maintaining existing pipelines, or paying its employees—it’s going to need funding for that,” says Paddy McCully, senior analyst at Reclaim Finance, an NGO focused on climate action.

A fossil fuel company’s need for those loans varies from year to year, given the fluctuating prices of those fuels. That’s where you, the consumer, comes in. “The money that an individual puts into their bank account makes it possible for the bank to then lend money to fossil fuel companies,” says Richard Brooks, climate finance director at Stand.earth, an environmental and climate justice advocacy group. “If you look at the top 10 banks in North America, each of them lends out between $20 billion and $40 billion to fossil fuel companies every year.”

The new report finds that on average, 11 of the largest US banks lend 19.4 percent of their portfolios to carbon-intensive industries. (The American Bankers Association did not immediately respond to a request to comment for this story.) To be very clear: Oil, gas, and coal companies wouldn’t be able to keep producing these fuels—when humanity needs to be reducing carbon emissions dramatically and rapidly—without these loans. New fossil fuel projects aren’t simply fleeting endeavors, but will operate for years, locking in a certain amount of emissions going forward.

At the same time, Brooks says, big banks are under-financing the green economy. As a civilization, we’re investing in the wrong kind of energy if we want to avoid the ever-worsening effects of climate change. Yes, 2022 was the first year that climate finance surpassed the trillion-dollar mark. “However, the alarming aspect is that climate finance must increase by at least fivefold annually, as swiftly as possible, to mitigate the worst impacts of climate change,” says Valerio Micale, senior manager of the Climate Policy Initiative. “An even more critical consideration is that this cost, which would accumulate to $266 trillion until 2050, pales in comparison to the costs of inaction, estimated at over $2,000 trillion over the same period.”

Smaller banks, at least, are less likely to be providing money for the fossil fuel industry. A credit union operates more locally, so it’s much less likely to be fronting money for, say, a new oil pipeline. “Big fossil fuel companies go to the big banks for their financing,” says Brooks. “They’re looking for loans in the realm of hundreds of millions of dollars, sometimes multibillion-dollar loans, and a credit union wouldn’t be able to provide that.”

This makes banking a uniquely powerful lever to pull when it comes to climate action, Foley says. Compared to switching to vegetarianism or veganism to avoid the extensive carbon emissions associated with animal agriculture, money is easy to move. “If large numbers of people start to tell their financial institutions that they don’t really want to participate in investing in fossil fuels, that slowly kind of drains capital away from what’s available for fossil fuels,” says Foley.

While the new report didn’t go so far as to exhaustively analyze the lending habits of the thousands of banks in the US, Foley says there’s a growing number that deliberately don’t invest in fossil fuels. If you’re not sure about what your bank is investing in, you can always ask. “I think when people hear we need to move capital out of fossil fuels into climate solutions, they probably think only Warren Buffett can do that,” says Foley. “That’s not entirely true. We can all do a little bit of that.”

This story originally appeared on wired.com.

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OPEC members keep climate accords from acknowledging reality

Avoiding the truth —

COP28 agreement draft no longer includes calls to phase out fossil fuels.

Image of a person standing in front of a doorway with

Enlarge / Saudi Arabia’s presence at COP28 has reportedly been used to limit progress on fossil fuel cutbacks.

Oil-producing countries are apparently succeeding in their attempts to eliminate language from an international climate agreement that calls for countries to phase out the use of fossil fuels. Draft forms of the agreement had included text that called upon the countries that are part of the Paris Agreement to work toward “an orderly and just phase out of fossil fuels.” Reports now indicate that this text has gone missing from the latest versions of the draft.

The agreement is being negotiated at the United Nations’ COP28 climate change conference, taking place in the United Arab Emirates. The COP, or Conference of the Parties, meetings are annual events that attempt to bring together UN members to discuss ways to deal with climate change. They were central to the negotiations that brought about the Paris Agreement, which calls for participants to develop plans that should bring the world to net-zero emissions by the middle of the century.

Initial plans submitted by countries would lower the world’s greenhouse gas emissions, but not by nearly enough to reach net zero. However, the agreement included mechanisms by which countries would continue to evaluate their progress and submit more stringent goals. So, additional COP meetings have included what’s termed a “stocktake” to evaluate where countries stand, and statements are issued to encourage and direct future actions.

The language of that statement needs to be agreed upon by every party and is invariably contentious. This year’s statement has been especially difficult, as early drafts (such as this one) included the potential to call for parties to stop using fossil fuels, along with a separate, vague alternative:

Option 1: An orderly and just phase out of fossil fuels;

Option 2: Accelerating efforts toward phasing out unabated fossil fuels and to rapidly reducing their use so as to achieve net zero CO2 in energy systems by or around mid-century;

Option 3: No text.

The “unabated” language in the alternative is widely interpreted as referring to abatement via the use of large-scale carbon capture to offset the emissions from continued fossil fuel use.

While we know that carbon capture can work, it has not been tried at large scales, much less on anything close to the scales needed to offset continued fossil fuel use. Critical details like the capacity and stability of different storage options haven’t been worked out, nor has the very tricky question of who will be paying to operate all the infrastructure that would be required for it to work.

As a result, carbon capture is not generally considered a viable option for offsetting anything more than a few difficult-to-decarbonize use cases, such as international shipping. Which why most countries and NGOs are supporting the UN’s secretary-general, who promoted the alternate language calling for a phase-out of fossil fuels.

Most, but not all. One notable NGO, OPEC, directly called on its members to reject any language that targeted fossil fuels. And a prominent OPEC member, Saudia Arabia, appears to have been trying to block any deals that would include that language, in part by bogging down all negotiations at COP28. Matters weren’t helped when a video surfaced that showed the conference’s host, Sultan Al Jaber, saying that there was “no science” behind calls to phase out fossil fuels, although he quickly disavowed that position.

The loss of Option 1 from the latest drafts is a sign that oil-producing nations have succeeded. Which in turn indicates that they have no intention of slowing production even as indications of continued warming and its consequences have grown ever more dramatic. It will also provide cover for many other countries that may be looking for excuses to act.

That said, the same draft includes several actions that do not have any alternative language and call for countries to take significant actions:

  • Triple renewable energy capacity by 2030.
  • Double the annual rate of energy efficiency improvements.
  • Immediately stop issuing permits for coal plants that do not include carbon capture and rapidly phase out any existing plants of this sort.
  • Rapidly phase in zero-emissions vehicles.
  • Eliminate fossil fuel subsidies.

Negotiations are ongoing, and that draft is nearly a week old, but it may indicate that some positive things could be accomplished while everyone is distracted by arguments over the phase-out of fossil fuels.

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