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The House budget is the Make America Immobile Act. Trump is doing his best to freeze things in place: on behalf of oil companies that want to keep pumping oil, on behalf of automakers that want to keep churning out SUVs.
Credit where due: I am ever impressed by the feral energy of U.S. President Donald Trump and his crew, who are able to do an extraordinary amount of damage every single damned day. And somehow their energetic cruelty seems to drain my own reserves: I want to stay in bed. But we fight as best we can, and so here’s my assessment of one dire day, and more importantly what we still might be able to do about it.
It began, early Thursday morning, with House passage of the budget bill, which somehow managed to get even worse in the wee hours. Among other things, a single sentence was amended in such a way as to potentially kill off most of the rooftop solar industry in the U.S. As Heatmap’s Matthew Zeitlin explains:
While the earlier language from the Ways and Means committee eliminated the 25D tax credit for those who purchased home solar systems after the end of this year (it was originally supposed to run through 2034), the new language says that no credit “shall be allowed under this section for any investment during the taxable year” (emphasis mine) if the entity claiming the tax credit “rents or leases such property to a third party during such taxable year” and “the lessee would qualify for a credit under section 25D with respect to such property if the lessee owned such property.”
That arcane piece of language was enough to knock 37% off the share price of SunRun today, the biggest rooftop installer in the country. And it was only a cherry on the top of this toxic sundae, which would essentially repeal all of the Inflation Reduction Act (IRA). Nuclear power gets a little bit of a reprieve, and of course ethanol (Earth’s dumbest energy source) does great. But it’s a wipeout far greater than anyone expected even a few weeks ago. Here’s how Princeton’s Jesse Jenkins and his team at REPEAT (Rapid Energy Policy Evaluation and Toolkit) sum it up:
In the midst of all this, the Senate—ignoring its parliamentarian—bowed to the wishes of the auto industry and told California (and the 11 states that had followed it) that it couldn’t demand the phaseout of internal combustion vehicles by the middle of the next decade. (This is among other things federalism in reverse).
“Attacking these waivers will devastate our ability to advance the use of electric vehicles in the state,” California Attorney General Rob Bonta said in a press conference after the vote, flanked by California Gov. Gavin Newsom and other officials. “We won’t let it happen, not when we’re facing an air pollution and climate crisis that’s getting worse by the day.”
The 1970 Clean Air Act permits California to receive waivers from the Environmental Protection Agency that enable the state to enact clean air regulations that go further than federal limits.
Oh, and then at day’s end the Department of Homeland Security told Harvard that 27% of its student body couldn’t study there beginning in the fall because they came from foreign countries.
If you add it up, this is all an effort to keep America precisely where it is now. It’s the Make America Immobile Act. Trump is doing his best to freeze things in place: on behalf of oil companies that want to keep pumping oil, on behalf of automakers that want to keep churning out SUVs. That depends, among other things, on shutting down research at universities, because they keep coming up with things that point us in a different direction, be it temperature readings demonstrating climate change or new batteries that enable entirely different technologies. If America lived alone on this planet that would be truly terrible; luckily for everyone else, there are other places (China, and the E.U.) that are not making the same set of stupid decisions. But if this stands it will kill the future for America.
It will also, of course, kill the present. I’m not bothering to talk about the deep cruelty of the Medicaid cuts (and the fact that they will destroy America’s rural hospital system). There’s also the not-small matter of the intense attacks on transgender people the bill contains. And I won’t bother gassing on about the utter grossness of handing over yet more money to the richest among us. (The top 0.1% of earners gain $390,000 a year on average, while Americans making less than $17,000 lose on average about $1,000. This is, among other things, Christianity in reverse).
So, our job is to do what we can to make it… less worse. The U.S. Senate still has to pass its own version of the bill. Given the GOP majority, they’ll pass something very bad. Perhaps, at Trump’s urging, they’ll rush it through in the next 24 hours; more likely it will take a little longer. We need to put as much pressure as we can on that process, in order to take out the most egregious parts of the bill. Here’s what Third Act sent out on Thursday, and here’s the link we want you to use to register your opposition with Senators. It comes from our very able partners at Solar United Neighbors, who have done as much as anyone in America to help people build clean energy. Fill it out so you can get a call script and the numbers to use. Again, here’s the link. If you want a little inspiration, check out Will Wiseman’s video of rural Americans talking about one particular part of the IRA that’s helping change their lives.
I’m not going to bother pretending that this is guaranteed to work. The bad guys here are riding hard and fast, and they’re trying to shock and cow us into submission. But—don’t go easy. If they can summon the feral energy to wreck the country, we can summon the humane energy to try and save it.
In her questioning she did not challenge the nonsensical reasoning of the Trump administration. Instead, Sen. Collins, who certainly should know better, played along acting as if Trump was normal.
Last year, roughly 6 million American families used the Low-Income Energy Assistance Program, or LIHEAP, to help pay their heating or cooling bills. LIHEAP is a program that helps people from Louisiana to Maine and has an amazingly bipartisan support. This support extends to energy providers.
In April of this year, the staff at the Department of Health and Human Services (HHS) who run LIHEAP were fired by Secretary of HHS Robert F. Kennedy Jr. One of those fired employees was brought back last week to distribute the remaining LIHEAP funds for the current fiscal year.
Why would Collins thank Kennedy, or anyone else, for simply following the law?
This week Secretary Kennedy testified on HHS spending for the next fiscal year before the Senate Appropriations Committee chaired by Republican Senator Susan Collins of Maine. In fiscal year 2025, Maine received $41.6 million in LIHEAP funding.
At the hearing, Collins praised the Trump for administration for releasing the already appropriated funds and asked Kennedy, “Will you work with this committee in trying to restore LIHEAP so that we can avoid, literally, seniors and low-income families not being able to keep warm in the winter?” Kennedy responded:
Yeah, absolutely, and I’m from New England myself. My brother, for 40 years, has run Citizens Energy, which provides low-cost home heating oil to families in New England. And so many people have come to me over the years and said to me, thank you, your brother saved my life because I didn’t have to choose between food and heat. I was on the Navajo reservation three weeks ago, and Navajo President Buu Nygren said to me, at this point, if we cut LIHEAP, Navajo will die from it. So, I understand the critical historical importance of this program. President [Donald] Trump’s rationale and the [Office of Management and Budget]’s rationale is that President Trump’s energy policies are going to lower the cost of energy so that everybody will get lower cost heating oil, and in that case, this program would simply be another subsidy to the fossil fuel industry.
Kennedy went on to add that if there was not a drop in energy prices, he would spend the monies that Congress appropriated. Concluding his remarks, Kennedy said that “Do that, and I will work with you to make sure that those families do not suffer in that way.”
Collins’ advocacy for LIHEAP is positive, and she should be commended for raising the issue with Kennedy. However, her remarks fell drastically short of what is needed at this moment. Collins was pleased that the Trump administration released already appropriated funds and that Kennedy said he would spend any monies Congress appropriated. This is only doing what the law requires nothing more. Why would Collins thank Kennedy, or anyone else, for simply following the law?
In her remarks, posted on her Senate webpage, Collins did not challenge Kennedy and Trump’s assertion that the energy policies of the Trump administration are going to reduce energy prices to the level that LIHEAP will no longer be needed. Even if there is a major drop in energy prices (this is a big if), would that drop make such a difference that LIHEAP would not be needed in the next fiscal year? The answer is obviously no.
It was good that Collins spoke up for LIHEAP. However, in her questioning she did not challenge the nonsensical reasoning of the Trump administration. Instead, Sen. Collins, who certainly should know better, played along acting as if Trump was normal. As she had done many times throughout her career in the Senate, Collins asked for assurances and hoped for the best. When dealing with the Trump administration, this approach is simply not good enough.
Given the shakiness of the administration’s lawsuits, what really matters is whether state and local officials have the courage to stand strong against Trump’s mafia-style threats.
As U.S. President Donald Trump continues to threaten any institutions that could check his administration’s ongoing drive toward authoritarianism, there’s been a stark contrast in responses to his mob boss-style attacks. Some targets—like Harvard, which vowed to fight Trump’s assault on universities, or the law firm Perkins Coie, which recently scored a judicial win holding Trump’s actions against the firm unconstitutional—have seen their stature in their respective fields skyrocket,. Others—like Columbia University or the law firm Paul Weiss, which both immediately folded at the first sign of aggression from Trump—have been publicly, and perhaps permanently, tarred as feckless cowards.
This contrast between courage and gutlessness appeared once again earlier this month in response to Trump’s latest dictatorial salvo: an all-out assault on behalf of the fossil fuel industry against state and local efforts to hold Big Oil companies accountable for deceiving the public about climate change.
Right now, 1 in 4 Americans live in a jurisdiction that is fighting to put Big Oil companies on trial for their climate lies and make them pay for the catastrophic damage they knew decades ago that their products would cause. The fossil fuel industry concedes that it faces “massive monetary liability” in these cases, and has been growing more and more desperate to stop plaintiff communities from having their day in court. In the last few years Big Oil has asked the Supreme Court to block these cases on five separate occasions. Recently, industry front groups tied to Leonard Leo ran a pressure campaign pushing the court to take up the issue.
Making polluters pay for climate damages is widely supported—and far more popular than Trump ever has been.
But the court has denied Big Oil every time, and so fossil fuel companies have had to shift to Plan B: asking the man they spent hundreds of millions of dollars electing to fulfill his end of the quid pro quo. The Wall Street Journal reported that oil executives asked Trump during a White House meeting for legal help against the cases, and their lobbyists are pushing congressional Republicans to include legal protections for the fossil fuel industry “in a coming Trump-endorsed bill.”
In his typical oligarchical style, Trump has gone all in to protect his corporate backers. On April 8 Trump issued an executive order directing the attorney general to “take all appropriate action” to stop states that have “sued energy companies for supposed ‘climate change’ harm.” And this month the Department of Justice filed a series of lawsuits attempting to prevent Hawaii and Michigan from pursuing climate litigation.
We’ve become so inured to the extreme misconduct of this administration that it’s often hard for any new scandal to stand out. But it’s worth taking a moment to appreciate the staggering corruption of this new broadside on the rule of law.
Trump is taking unprecedented action on behalf of an industry that understood decades ago that their fossil fuel products would cause, in their own words, “great irreversible harm,” “more violent weather—more storms, more droughts, more deluges,” and “suffering and death due to thermal extremes.” Instead of warning consumers about this existential threat, they waged a massive disinformation campaign to prevent the public from understanding the dangers of climate change. They made trillions of dollars from this deception, leaving regular Americans to pay the price.
And regular Americans certainly have been paying that price. They’ve been paying in higher insurance costs driven by the “violent weather” that Big Oil companies knew their products would cause. They’ve been paying in homes, businesses, and livelihoods lost in climate-driven “deluges.” And in far too many cases they’ve been paying with their own “suffering and death.” That is why many of the communities hit hardest by these disasters have sued—under the same long-established state laws used to hold Big Tobacco and opioid profiteers accountable—to force the companies responsible for global warming to contribute at least something to the often devastating climate costs that right now are falling entirely on the shoulders of regular Americans.
Trump, of course, doesn’t care about regular Americans experiencing, in his words, “supposed ‘climate change’ harm.” His concern is limited entirely to his Big Oil donors, who are terrified of having to defend their climate lies to a jury composed of the people they screwed over.
Unfortunately for Big Oil, we live in a federalist system of government that does not allow a president to unilaterally block a state from pursuing valid state-law claims in state courts. Indeed, legal experts seem to agree the suits filed by the administration against Hawaii and Michigan are “shockingly flimsy.”
That doesn’t mean Trump’s legal maneuvering isn’t a potent weapon, however. As we’ve seen with Trump’s assault on universities and law firms, the goal of these attacks is not winning in the courtroom. It’s all about intimidation—which means that what really matters is whether state and local officials have the courage to stand strong against Trump’s mafia-style threats.
Some leaders are demonstrating that they have that backbone. On May 1, Hawaii ignored the DOJ’s specious lawsuit and became the 10th state to sue Big Oil. As Hawaii Attorney General Anne Lopez said, “The state of Hawaiʻi will not be deterred from moving forward with our climate deception lawsuit. My department will vigorously oppose this gross federal overreach.”
Michigan Attorney General Dana Nessel had a similar response: “Donald Trump has made clear he will answer any and every beck and call from his Big Oil campaign donors… I remain undeterred in my intention to file this lawsuit the president and his Big Oil donors so fear.”
Sadly, not all local leaders have demonstrated such courage. Shortly after the DOJ announced its suits against Hawaii and Michigan, Puerto Rico voluntarily dropped its 2024 case that sought to make fossil fuel companies pay to help protect the commonwealth’s infrastructure against stronger storms, sea-level rise, and other damages fueled by climate change. The Leonard Leo-linked Alliance for Consumers, which days earlier called on Puerto Rico’s governor to help kill the case, crowed that the dismissal would allow consumers to “take comfort in knowing the things you buy for your family will still be there, at the store, when you need them”—an Orwellian message for the millions of Puerto Ricans who were unable to access basic goods for months following the climate-driven catastrophe of Hurricane Maria.
A spokesperson said the commonwealth dropped its case, which was brought under a previous administration, because Gov. Jenniffer González-Colón wanted to “be aligned with the policies of President Trump,” which is “to support the burning of fossil fuels [and] the protection of oil companies.” As a result, her constituents will be condemned to a future of escalating climate disasters that they—and not the polluters most responsible—will have to pay for.
But maybe the contrast between Puerto Rico’s humiliating supplication and Hawaii and Michigan’s courageous stands can help inspire other local and state jurisdictions to refuse to bend to Trump’s future threats. After all, making polluters pay for climate damages is widely supported—and far more popular than Trump ever has been.
When the history books are written about this lawless moment, the collaborators—the Columbias, the Paul Weisses, the González-Colóns—will not like how posterity remembers their cowardice. But leaders who rise to the occasion, who refuse to surrender to Trump’s protection racket, and who continue fighting to make polluters pay will be able to take pride in their place on the right side of history.