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From solar-powered data centers and balconies to a landmark legal victory, I hope these help set the holiday mood just a little.
One of my jobs in the tiny Vermont town where I live is to lead the Christmas Eve service at the little white church alongside the river. I’m not actually a preacher, and it’s not particularly denominational—my wife and my daughter, who are Jewish, are usually on hand to belt out carols and there’s occasionally a reading from Dr. Seuss. But the neighbors stand at the pulpit one by one to recite the Scriptures that tell the story of this remarkable baby, and then I do my best in a short homily to pick out some points of light. A little harder this year than most, but perhaps more important because of that. The goal is to make sure the community holds, now more than ever.
And I suppose that in some way the community we’ve built around this newsletter is a congregation of sorts, with me again in the role of shambling, ill-trained preacher. So I’ve poked around in the news to bring you a trio of small gifts—ambiguous, by no means definitive, but nonetheless things to build on.
The first comes, somewhat remarkably, from Silicon Valley.
As you almost certainly know, the rapid growth of AI is causing despair among some energy experts. The giant data centers that “train” these various models to do what they do (help lazy students write banal termpapers, say) soak up huge amounts of electricity, and in the last year or two the fossil fuel industry has seized on that as avidly as they seized on Russia’s invasion of Ukraine—anything to make the case for extending their business model a little longer. Arielle Samuelson, writing at Emily Atkin’s pathbreaking newsletter Heated, offers a really powerful account of what’s gone on:
The growth of AI has been called the “savior” of the gas industry. In Virginia alone, the data center capital of the world, a new state report found that AI demand could add a new 1.5 gigawatt gas plant every two years for 15 consecutive years.
And now, as energy demand for AI rises, oil corporations are planning to build gas plants that specifically serve data centers. Last week, Exxon announced that it is building a large gas plant that will directly supply power to data centers within the next five years. The company claims the gas plant will use technology that captures polluting emissions—despite the fact that the technology has never been used at a commercial scale before.
Chevron also announced that the company is preparing to sell gas to an undisclosed number of data centers. “We're doing some work right now with a number of different people that's not quite ready for prime time, looking at possible solutions to build large-scale power generation,” said CEO Mike Wirth at an Atlantic Council event. The opportunity to sell power to data centers is so promising that even private equity firms are investing billions in building energy infrastructure.
So, ugh. Except that it’s important to remember that Big Oil is an industry that lies a lot, and some of those commitments may not be quite as firm as they’re saying. In fact, a new report—this is the first Christmas present—from a team of Silicon Valley types came out last week, making the case that if these data centers are actually going to get built anytime soon, the best bet by far is for Google et al to put up solar farms next door. Building new gas plants, as they point out, takes a number of years—really, anything that requires a new connection to the grid goes slowly. But if you have a “co-located microgrid”—i.e., a dedicated solar farm right next to your mysterious warehouse of servers—that can be put up in a relative trice.
Estimated time to operation for a large off-grid solar microgrid could be around two years (1-2 years for site acquisition and permitting plus 1-2 years for site buildout), though there’s no obvious reason why this couldn’t be done faster by very motivated and competent builders.
The only one of the authors I knew before this was Zeke Hausfather, a climate scientist employed by the payment company Stripe, but the others come from reputable places (Paces, which expedites renewable development, and Scale Microgrids) and they thank a passel of collaborators at places like Tesla and Anthropic. And their research seems impeccable—they work through the costs and the reliability of renewables paired with batteries, and they return again and again to the speed with which these new facilities could be built.
One thing they don’t stress, but which I think could be politically important, is that all of these big AI players have promised in recent years that they would zero out their emissions. And though no one in the White House will hold them to that, most of these companies are in places like Washington and California filled with environmentally committed workers and investors; we should be able to organize some pressure on them to do the right thing. It’s not the perfect thing. In a rational world we’d postpone the glories of AI long enough to power up all the heat pumps and cars from renewable electricity first. But if they get expertise building solar farms for their data centers, the experience may turn these behemoths into better crusaders for clean energy. One can hope, anyway. Here’s the final bottom line from the report:
Off-grid solar microgrids offer a fast path to power AI datacenters at enormous scale. The tech is mature, the suitable parcels of land in the U.S. Southwest are known, and this solution is likely faster than most, if not all, alternatives… The advantages to whoever moves on this quickly could be substantial.
And then there’s the second present I promised, which was delivered Wednesday afternoon by the Montana Supreme Court. It upheld, on a 6-1 vote, a lower court ruling that the state’s children have a “fundamental constitutional right to a clean and healthful environment,” and that that includes carefully analyzing state energy policies to keep them from damaging the climate.
This ruling is under the state constitution, which was amended shortly after Earth Day in 1970 to include environmental protections. (America’s Western states have not always been bright red). The landmark ruling comes almost a year and a half after a remarkable trial, which featured a mix of young Montanans explaining how climate change was damaging their lives (breathing wildfire smoke, for one) and nationally renowned climate experts who volunteered their time to make a compelling case. The state all but punted its response, not even putting its lead climate-denier on the stand after paying her large sums of money to prepare testimony, and the district court issued a powerful finding that’s now been upheld.
This doesn’t necessarily have national implications—shamefully, the Biden DOJ has buried the federal equivalent, Juliana v. U.S., under a blizzard of writs, picking up where the Trump administration left off. And it probably won’t immediately change Montana’s current commitment to using more gas. But it is a clear moral victory that will cast a long shadow. As Cornell legal scholar Leehi Yona said this morning, “This is a historic case and one that could serve as a model for state-level lawsuits, particularly as an alternative to federal courts (such as the U.S. Supreme Court, which currently seems unreceptive to climate cases).”
Mostly, I’m happy for the kids involved. I got to interview a couple of them on stage this fall at a gathering sponsored by Protect Our Winters. They were eloquent and moving, and I hope very much that this ruling strengthens their commitment to fight. The Trump era will end someday, and we’ll need a new wave of smart and moral people to carry on the crucial fights—these are them!
And the third? Attentive readers will remember how happy I was earlier this year at news that half a million Germans had taken advantage of a new law to hang solar panels from the balconies of their apartments. Well, according to a new report in The Guardian, by year’s end that number has swelled to a million and a half Germans, and now it’s taking off in Spain and elsewhere.
Manufacturers say that installing a couple of 300-watt panels will give a saving of up to 30% on a typical household’s electricity bill. With an outlay of €400-800 and with no installation cost, the panels could pay for themselves within six years.
In Spain, where two thirds of the population live in apartments and installing panels on the roof requires the consent of a majority of the building’s residents, this DIY technology has obvious advantages.
With solar balconies, no such consent is required unless the facade is listed as of historic interest or there is a specific prohibition from the residents’ association or the local authority. Furthermore, as long as the installation does not exceed 800 watts it doesn’t require certification, which can cost from €100 to €400, depending on the area.
“The beauty of the solar balconies is they are flexible, cheap, and plug straight into the domestic network via a converter, so you don’t have to pay for the installation,” says Santiago Vernetta, CEO of Tornasol Energy, one of Spain’s main suppliers.
Putting up one of these would be illegal almost everywhere in America—but that’s something to work on next year. Why should Europeans have all the fun? Belgium has just ended its ban. As one official explained: “If 1.5 million Germans have bought solar balcony kits there must be something in it,” he says.
I wish I had yet more such gifts to offer (I’m keeping a close eye on Albany, where Gov. Kathy Hochul may still sign the crucial Climate Superfund bill before year’s end, and if that happens I’ll let you know). But I hope these help set the holiday mood just a little. I can tell you that it’s snowing this afternoon up here on the spine of the Greens. And since I’m typing up the program for the Christmas Eve service this afternoon, I can tell you how it ends: with everyone in town walking through the church doors and into the (hopefully crisp) night air singing “Go Tell It on the Mountain.”
"Gas utilities have been significant players in the historic and ongoing deception campaigns to mislead the public about the dangers of fossil fuels."
Multnomah County in Oregon on Monday added NW Natural to the list of defendants in its climate deception lawsuit, making the company the first-ever gas utility to face a climate lawsuit.
The county, which encompasses Portland, sued an array of fossil fuel interests last year for deceiving the public about the dangers of their products. It's one of dozens of climate lawsuits municipalities and states around the United States have filed in recent years in a bid to hold the Big Oil accountable. None have yet reached a trial.
The Multnomah County lawsuit is unique in that it seeks damages for a specific extreme weather event: the heat dome that covered Portland in 2021, killing at least 69. The county seeks $50 million in damages for the heat dome, $1.5 billion for future damages, and $50 billion for climate adaptation.
"It is our purpose to hold accountable all of the companies that we allege engaged in wrongdoing associated with carbon pollution that has so negatively affected climate," Jeffrey Simon, co-lead counsel for Multnomah County, toldOPB following the revision to the list of defendants.
Notorious greenwasher and climate villain NW Natural is the first US gas utility to be sued in a climate accountability lawsuit.
The company accounts for 9% of Oregon's greenhouse gas emissions.
Thank you to @multco for holding polluters accountable. https://t.co/qWgmXQKWW0
— Breach Collective (@breachcollectiv) October 8, 2024
The lawsuit now names 24 defendants, 13 of which are oil and gas companies. The county also on Monday added the Oregon Institute of Science and Medicine to the list.
A federal judge ruled in June that the case could proceed in Oregon state court—a loss for Big Oil, which had sought to move it to federal court.
Experts said the move to include NW Natural in the case could be the start of a movement to hold utilities accountable for their role in the fossil fuel economy and for deceiving the public about natural gas.
"Gas utilities have been significant players in the historic and ongoing deception campaigns to mislead the public about the dangers of fossil fuels," Alyssa Johl, general counsel at the Center for Climate Integrity, said in a statement. "NW Natural is now the first to be named as a defendant in a climate deception lawsuit, but it likely won't be the last."
"Gas utilities have known for decades that their products fuel the climate crisis, yet they continue to deceptively market methane gas as a climate solution," she added.
"The growing number of lawsuits against fossil fuel corporations underlines how their historic and continued role in driving and profiting from climate change is catching up to them."
An increasing number of climate lawsuits filed against fossil fuel companies in the last decade could put a dent in the business model of large fossil fuel companies, according to a report released Thursday.
The 16-page report—titled Big Oil in Court and co-created by Oil Change International and Zero Carbon Analytics—documents dozens of cases worldwide, mostly since 2015, when the Paris agreement was signed. Many of the cases center on climate damages, misleading advertising about fossil fuels, or failure to reduce emissions in line with legal agreements. Over half of the cases have been filed in the United States, with a majority of others in Western Europe.
"The growing number of lawsuits against fossil fuel corporations underlines how their historic and continued role in driving and profiting from climate change is catching up to them," David Tong, an industry campaign manager at Oil Change International, an advocacy group, said in a statement.
"The wave of lawsuits against Big Oil could lead to serious impacts on their bottom line, a disincentive for investment in fossil fuel infrastructure, a reduction in corporate value, and a challenge to their social license to continue harming communities around the world," Tong added.
Last year saw 14 climate cases targeted at Big Oil filed worldwide, a record. A database cited in the report that dates to 2005 records 86 total cases, the vast majority having been file since 2015. Forty of the cases are still pending.
The most common type of climate-focused case has been for damages, with 30 filed just since 2017—prior to that year, only three had been filed. Dozens of U.S. states and cities have filed such cases, though none has yet reached a trial. The damages case in the U.S. that's the furthest along, City and County of Honolulu v. Sunoco et al., has faced extraordinary legal and political pushback from the industry, which is seeking to have it dismissed.
One of the most prominent damages cases outside the U.S. features Saúl Luciano Lliuya, a Peruvian farmer who sued energy giant RWE in German court in 2015 for having a partial role in the melting of a glacier in the Andes. He seeks reimbursement for the flood protection infrastructure that he and 50,000 other residents had to erect. Lawyers and judges traveled from Germany to Peru in 2022 to assess Luciano Lliuya's claims. The case is ongoing.
In the statement accompanying Thursday's report, Lliuya said:
Taking on carbon majors in court can be daunting. But the fear of losing your home and everything you’ve worked for due to the reckless actions of fossil fuel companies is even greater. For those of us directly impacted by the climate crisis, the courts offer a glimmer of hope. People like me are in court because our livelihoods are at serious risk and we are asking judges to hold the fossil fuel companies responsible.
The second most common type of climate case against Big Oil has focused on misleading advertising. Of the nine cases of this type that have reached a conclusion, Big Oil won only one case; in each of the others, the companies retracted their claims or were ruled against. The United Kingdom's Advertising Standard Authority found Shell's low-carbon claims to be misleading in separate cases in 2020 and 2023, for example.
There have also been a number of cases seeking to force fossil fuel companies to adhere to legally mandated climate targets. The most prominent outcome from these cases was a landmark ruling against Shell by a Dutch court in 2021, which found that the company must cut emissions by 45% by 2030; the seminal ruling, which was based on emissions limits set in the Paris agreement, pertains to emissions that come from Shell's fossil fuel products, and not just the company's direct business activities.
The report's analysis doesn't include climate lawsuits targeted at governments or at companies involved in other areas of the fossil fuel supply chain.
In response to the report, Michael Gerrard, the faculty director of the Sabin Center for Climate Change Law at Columbia University, toldThe Guardian that there have been a "formidable number of cases" but "none of them have broken through" except those dealing with advertising.