texas
State renewable energy policies in 2025 focus on implementation rather than bold new laws
States are shifting their attention to enforcing existing clean energy laws, with fewer new legislative breakthroughs expected due to political gridlock and economic pressures.
In short:
- States with Democratic control remain key players in renewable energy efforts, but no new "100% carbon-free" laws are expected in 2025.
- Texas, despite its Republican trifecta, remains a key state to watch, balancing renewable energy growth with strong fossil fuel interests.
- California continues to face challenges modernizing its grid and navigating opposition from the solar industry over new regulations.
Key quote:
“The Legislature could unwittingly be causing major grid problems by slowing down solar and storage.”
— Doug Lewin, energy policy consultant
Why this matters:
With federal support for clean energy at risk, state policies play an increasingly important role in addressing climate change. Effective implementation of clean energy laws can either bolster or weaken national progress toward carbon reduction goals.
Related: Inslee sees state-level climate efforts as resilient against federal shifts
Texas coal plant to transition to solar and battery with federal aid
A South Texas coal-fired power plant will be converted into a solar and battery facility with $1.4 billion in federal funding, reducing pollution and supporting local jobs.
In short:
- The San Miguel Electric Cooperative plant in Atascosa County will transition to a renewable energy facility with U.S. Department of Agriculture funding.
- The move will cut 1.8 million tons of annual climate pollution and leave 14 coal-fired plants in Texas.
- Environmentalists and local officials welcome the change, citing hopes for cleaner water and better land remediation.
Key quote:
“For years, folks in my county have been worried about water contamination from San Miguel’s lignite mine, so with this announcement, we are hopeful that McMullen County’s water will be clean long into the future.”
— McMullen County Judge James Teal
Why this matters:
The shift from coal to renewables aligns with broader efforts to combat climate change while addressing environmental justice concerns. Cleaning up pollution and protecting water resources could improve health and economic outcomes in rural South Texas.
Related: US wind and solar could surpass coal for the first time in 2024
Petrochemical plants send millions of pounds of pollutants into waterways each year: Report
“This is not normal.”
Nearly 70 petrochemical companies across the nation, including 30 in Texas, are sending millions of pounds of pollutants into waterways each year due to weak or nonexistent regulations, according to a report published by the watchdog group Environmental Integrity Project.
The report analyzed wastewater discharges from petrochemical companies that produce plastics across the U.S., finding that a majority of the facilities had violated Clean Water Act permits and few were punished. In addition, only a few states are regulating some of the hazardous chemicals or substances of concern, and there are currently no limits set from the U.S. Environmental Protection Agency for these contaminants in effluent water guidelines for the plastics industry.
In the past 30 years, plastic production at petrochemical facilities has skyrocketed. The EPA estimates that plastic production in 1990 was at 17,130 tons, and by 2018 it had doubled, reaching 35,680 tons. Producing these plastics results in industrial wastewater discharges, some of which contain pollutants unregulated by federal wastewater guidelines. If the pollutant does have limits, they have been set by individual states.
The report found the following pollutants:
- Dioxins, recognized as one of the most toxic classes of compounds by the World Health Organization, can be a byproduct of producing plastics like poly-vinyl chloride, or PVC. Out of the 17 facilities that produce PVC, only three have site limits set by states.
- 1,4 dioxane, classified as a potential carcinogen, only had limits set at two facilities.
- An estimated 9.9 million pounds of nitrogen and 1.9 million pounds of phosphorus (known as nutrient pollution when combined) enter waterways from these plants annually, and can cause toxic algal blooms and fish-killing low-oxygen zones. Only one facility had limits for phosphorus pollution and none had total nitrogen limits.
- Plastic pellets, known as nurdles, are entering waterways in 27 states.
- Polyfluoroalkyl substances, or PFAS, are not currently considered in wastewater samples for petrochemical plant permit applications.
A majority of the facilities have poor compliance records. Out of the 70 facilities, 83% had violated the Clean Water Act at least once in the last three years (58 facilities violated permits, yet only 8 were penalized). Nearly 40% of the facilities were operating on water pollution control permits that are outdated, “but have been administratively continued by state agencies,” according to the report.
Outdated Clean Water Act regulations
The Clean Water Act, issued by the EPA in 1972, has historically been enforced through effluent water guidelines. The petrochemical facilities in the report are regulated under a category of guidelines for organic chemicals, plastics and synthetic fibers.
“The (plastics) industry has experienced significant, rapid growth in recent decades and is continuing to grow,” lead author of the report and research director at the Environmental Integrity Project, Kira Dunham, told EHN. “But…wastewater discharges are being regulated by standards from over 30 years ago.”
This category of guidelines Dunham mentions has not been updated by the EPA since 1993, despite requirements for the agency to “periodically” update guidelines in accordance with technological updates for pollution control.Texas petrochemical pollution
With 17 of the 30 facilities in Texas, the Houston area — known as the petrochemical capital of the U.S. — is the number one exporter of petrochemicals in the nation.
Nearly one-third of these Texas facilities discharge wastewater into the Houston Ship Channel. Earlier this year, EHN investigated community member concerns about wastewater contamination potentially entering dredge material removed from the channel. Independent analysis from Healthy Port Communities, a collaborative of Houston-based environmental groups, noted high levels of dioxins in the soil surrounding dredge material.
“Some of the places touched on in the (Environmental Integrity Project’s) report might have one major facility that has this… pattern of discharging pollutants into waterways,” Kristen Schlemmer, senior legal director of Houston- based water justice group Bayou City Waterkeeper, told EHN. “I don't want to discount that … but it at least makes it clear who you can focus on to address the problem. Whereas in Houston, we have so many different facilities that are polluting into our waterways, that it often just makes it seem like that's normal, and that's just the way things are going to be.”
Schlemmer added that these concerns for pollution related to wastewater discharges are heightened by disasters, like this year’s derecho storm and Hurricane Beryl, in which water grows contaminated across large portions of the region. Beyond climate disasters, the Houston region is prone to chemical disasters and the state averages about one chemical release a week based on 2023 data.
“I'm hoping through this work to show that this is not normal, and (to) raise the bar in terms of what our expectations are for the facilities that live in our backyards,” Schlemmer said. “If they're not going to comply with the law …I want them to … know that they're going to be facing legal action, either from us or for government regulators.”
Earlier this year, the Environmental Integrity Project sued the EPA along with Bayou City Water Keeper, the Center for Biological Diversity and nearly 300 water justice groups in the Waterkeeper Alliance. In the original intent to sue, the group states that the EPA “has failed to perform its mandatory duty under (the Clean Water Act) ... to biennially submit state water quality reports and an analysis thereof … to Congress.”
Just last week, the EPA released its biannual preliminary plan for effluent limitations guidelines and the announcement states that the EPA plans to conduct new studies that will clarify the impact of discharges from certain industries on waterways. The plan is open for public comment here.
Study shows $1 billion in lost tax revenue in Houston area from industry tax breaks
Top polluters are benefiting the most from tax breaks.
HOUSTON — Harris County, which encompasses Houston, is projected to lose nearly $1 billion in revenue over the lifespan of current tax breaks, many of which are given to top polluters, according to a new report from the environmental advocacy group Texas Campaign for the Environment.
The group commissioned a study with economists from the economic analytics company Autocase to analyze industrial companies for three types of tax code agreements given by cities or school districts in Harris County that would provide tax breaks. The study revealed active tax break agreements with 83 companies in the county in which the company receives things like long term property valuations. In return, companies promise economic growth, job opportunities and adherence to state and federal law, though many of the corporations receiving the tax benefits routinely break environmental laws.
The largest source of tax breaks are Chapter 313 agreements, which limit property value increases for 10 years on businesses that promise economic development and investments in the local school districts, resulting in lower taxes paid. For such agreements the report estimated nearly $788 million in revenue lost over the agreements’ lifespan — some of which are 10-15 years — even after investments from the corporations were paid. Autocase economist Stefan Dindayal said this trend differed from previous county studies where a majority of agreements are with the cities or counties themselves, not the school districts.
Although this type of tax break was replaced by a similar program in June 2023, all current agreements are honored until their expiration.
“It is primarily the state that reimburses the majority of losses (from the tax breaks) through providing state aid,” the report authors wrote. “The loss felt by the state is the foregone school property tax revenue that would otherwise have reduced the need for state aid. As a result, state taxpayers are the prime stakeholders affected.”
The school districts Channelview, Clear Lake, Goose Creek, La Porte, Deer Park and Sheldon are participating in agreements in the county.. Many of these districts are in eastern portions of Houston near heavy industry, and they experience 95% to 100% higher air toxic releases than the rest of the state according to the U.S. Environmental Protection Agency’s environmental justice screening tool.
“The loss felt by the state is the foregone school property tax revenue that would otherwise have reduced the need for state aid. As a result, state taxpayers are the prime stakeholders affected.” - Stefan Dindayal, Autocase
The largest recipient of tax breaks was ExxonMobil, approaching $198.2 million, representing nearly 20% of all tax revenue lost in the county. The ExxonMobil complex in Baytown, TX, is the third largest petrochemical complex in the U.S. and spans 3,400 acres, or about 2,576 American football fields pieced together. With three individual sites within the complex – the olefins unit, the chemical plant and the refinery – the plant and refinery have several quarters of violations or noncompliance for the Clean Air Act and the Clean Water Act from the EPA. Yet, the fines from these violations total $2.46 million, less than 1.25% of the money they save in tax breaks according to this report.
ExxonMobil was followed by Lyondell Chemical, which represents 13% of Harris County’s lost revenue; and Chevron Phillips, which represents 8% of Harris County’s lost revenue. Both of these companies also have histories of environmental noncompliance and illegal emissions events, leaving community members, like Jen Hadayia, the executive director of Air Alliance, to question why “top polluters are being met with top economic incentives.”
“The study …shows that these same industries are preventing economic benefits from returning to the communities they are polluting,” Hadayia said.
At the time of publishing, Lyondell Chemical and Chevron Phillips have not responded to EHN’s requests for comment. Exxon Mobil responded, but did not comment.
The study revealed that, on average, each job created by the industries receiving these tax breaks cost $1.2 million in lost revenue. The costs ranged from $31,000 to $38.7 million per job promised. The highest tax break per job was Occidental Petroleum promising two jobs in their agreement and receiving $38.7 million per job.
“Countless times we hear these industries say that these companies are important to our region because they bring economic prosperity and they bring jobs,” the Houston regional coordinator for TCE, Dominic Chacón, said. “This (study) directly undermines that message as well. We know none of these workers are receiving millions of dollars per job like these companies are receiving.”
Houston residents, however, have seen their property taxes climb. For South Houston resident Erandi Treviño, that tax amounts to nearly one-third of the average income of her neighborhood.
“We can see here that home taxes are extremely high and truly, really onerous,” Treviño, founder of the environmental advocacy organization the Raíces Collaborative, said. “And when you have…billion dollar entities that are getting these tax breaks, clearly something here is off.”
The study projected that if revenue had been retained by Harris County city budgets could have increased funding across all budget items, including public safety and public works, from 0.2% in Houston to as much as 25% in Morgan’s Point, a city about 30 miles East of Houston.
“We can compare how many dollars are being lost for each service,” Dindayal said. “And this is kind of a neat way to get the community to actually understand what they're losing. They're not just losing a dollar amount. What they're losing is dollar amounts in these potential services that could have benefited the city and the community at large.”
Exxon commits $200 million to Texas recycling expansion
ExxonMobil plans a $200 million investment in Texas to boost plastic recycling capacity using advanced pyrolysis technology, aiming to process 1 billion pounds of waste annually by 2027.
In short:
- ExxonMobil will expand operations at its Baytown and Beaumont, Texas, facilities to recycle up to 500 million pounds of plastic waste by 2026.
- The company uses pyrolysis technology, branded as Exxtend, to turn plastic waste into new, "virgin-quality" plastic with certified circularity.
- Exxon faces ongoing litigation from California over claims it misrepresented the efficacy of plastic recycling.
Key quote:
“We sell virgin-quality product, and a subset of our customers are buying a ‘certified circular certificate’ to demonstrate that for every ton that they buy... a ton of post-use plastic was fed into our facility.”
— Karen McKee, president of ExxonMobil Product Solutions
Why this matters:
The initiative reflects industry efforts to address plastic pollution and promote circular economies. However, questions remain about the scalability and environmental impact of chemical recycling, especially amid legal and public scrutiny over corporate greenwashing.
Related:
West Texas legislator proposes tax funds to address oil well blowouts
A West Texas lawmaker has introduced legislation to allocate oil and gas taxes toward plugging abandoned wells and reducing emissions.
In short:
- State Rep. Brooks Landgraf’s proposed legislation would redirect 1% of oil and gas tax revenue to seal abandoned wells and another 1% to reduce emissions, addressing long-term environmental damage in Texas caused by private companies.
- With $25 million fromm the Bipartisan Infrastructure Law, Texas closed 737 wells (about 10% of the estimated orphaned wells in the state), and between 2023 and 2024, it closed around 2,000 more.
- The Texas Railroad Commission, which oversees the plugging efforts, says it needs more funds to handle increasing well blowouts of toxic liquids, which pose safety and environmental risks.
- The package, called Texas STRONG, also proposes $500 million for local infrastructure and services, with additional funds allocated to reduce property taxes statewide.
Key quote:
“These high-priority wells need to be taken care of before they themselves become emergency wells.”
— Danny Sorrells, executive director of the Texas Railroad Commission
Why this matters:
Leaking and erupting oil wells threaten water quality, safety and local infrastructure. Redirecting tax funds could provide relief to communities heavily impacted by decades of oil and gas production while addressing mounting environmental and public health risks.
Learn more:
Hydrogen hubs test new federal environmental justice rules
A massive push for hydrogen energy is one of the first test cases of new federal environmental justice initiatives. Communities and advocates so far give the feds a failing grade.
This is part 1 of a 2-part series. Read part 2: What’s hampering federal environmental justice efforts in the hydrogen hub build-out?
On a rainy day in September, Veronica Coptis and her two children stood on the shore of the Monongahela River in a park near their home, watching a pair of barges laden with mountainous heaps of coal disappear around the riverbend.
“I’m worried they’re not taking into account how much industrial traffic this river already sees, and how much the hydrogen hub is going to add to it,” Coptis told EHN.
To read a version of this story in Spanish click here. Haz clic aquí para leer este reportaje en español.
Coptis lives with her husband and their children in Carmichaels, Pennsylvania, a former coal town near the West Virginia border with a population of around 434. The local water authority uses the Monongahela as source water. Contaminants associated with industrial activity and linked to cancer, including bromodichloromethane, chloroform and dibromochloromethane, have been detected in the community’s drinking water.
Coptis grew up among coal miners, but became an activist focused on coal and fracking after witnessing environmental harms the fossil fuel industry caused.
Now, she sees a new fight on the horizon: The Appalachian Regional Hydrogen Hub, a vast network of infrastructure that will use primarily natural gas to create hydrogen for energy. Part of the new Appalachian hydrogen hub is expected to be built in La Belle, which is about a 30 minute drive north along the Monongahela River from her home.
“I have a lot of concerns about how large that facility might be and what emissions could be like, and whether it’ll cause increased traffic on the river and the roads,” said Coptis, who works as a senior advisor at the climate advocacy nonprofit Taproot Earth. “I’m also worried that because this will be blue hydrogen it will increase demand for fracking, and I already live surrounded by fracking wells.”
Veronica Coptis worries the Appalachian hydrogen hub would further stress the Monongahela River near her home.
Credit: Kristina Marusic for EHN
Carmichaels, Pennsylvania, a former coal town near the West Virginia border with a population of around 434. The local water authority uses the Monongahela River as source water, which residents and activists worry could be further polluted from the hydrogen hub.
Credit: Kristina Marusic for EHN
The Appalachian Regional Hydrogen Hub is one of seven proposed, federally funded networks of this type of infrastructure announced a year ago — an initiative born from the Biden administration’s 2021 Bipartisan Infrastructure Law. The hydrogen created by the hubs using both renewable and fossil fuel energy will be used by industries that are difficult to electrify like steelmaking, construction and petrochemical production.
The hubs support the administration's objective of reaching net-zero carbon emissions nationwide by 2050 and achieving a 100% “clean” electrical grid by 2035. All seven hydrogen hubs, which are in various stages of development, but mostly in the planning and site selection phases, are considered clean energy projects by the Biden administration, including those that also use fossil fuels in production.
The seven proposed, federally funded networks of hydrogen hub infrastructure announced a year ago are an initiative born from the Biden administration’s 2021 Bipartisan Infrastructure Law.
Credit: OCED
In March and May, Coptis attended listening sessions hosted by the U.S. Department of Energy (DOE), which is overseeing the hubs’ development and distributing $7 billion in federal funding for them, alongside representatives from industrial partners for the project. She hoped the sessions would provide answers — like exactly where the proposed facilities would be and what would happen at them — but she left with even more questions.
The initial applications from industrial partners to DOE, which included timelines, estimated costs, proposed location details and estimates of environmental and health impacts, were kept private by the agency despite frequent requests from community members to share those details.
“The Department of Energy and the companies involved have not been transparent,” Coptis said. “It’s not possible for communities to give meaningful input on projects when we literally don’t know anything about them.”
In 2023, the Biden administration passed historic federal policies directing 80 agencies to prioritize environmental justice in decision-making. The DOE pledged to lead by example with the seven new hydrogen hubs — but so far that isn’t happening, according to more than 30 community members and advocates EHN spoke to. They said details remain hazy, public input is being planned only after industry partners have already received millions of dollars in public funding, and communities don’t have agency in the decision-making.
“The promises DOE has made are just not being met, according to their own definitions of what environmental justice looks like,” Batoul Al-Sadi, a senior associate at the Natural Resources Defense Council (NRDC), a national environmental advocacy group that’s been pushing for increased transparency for the hydrogen hubs, told EHN.
Our investigation also found:
- In initial listening sessions for the hubs, 95 of 113 public comments submitted voiced some opposition to the projects.
- 49 of 113 comments submitted during the listening sessions expressed concern about a lack of transparency or meaningful community engagement.
- More than 100 regional and national advocacy groups have sent letters to the DOE requesting increased transparency and improvements to community engagement processes.
- Communities do not have the right to refuse the hydrogen hub projects if the burdens prove greater than the benefits.
- The DOE is failing to adhere to its own plans for community engagement, according to experts and advocates.
“Right now the [federal environmental justice] regulations are in the best place they’ve ever been,” Stephen Schima, an expert on federal environmental regulations and senior legislative counsel at Earthjustice, told EHN. “Agencies have an opportunity to get this right…it’s just a matter of implementation, which is proving challenging so far.”
In response to questions about transparency and community engagement, the DOE told EHN, “DOE is focused on getting these projects selected for award negotiation officially ... Once awarded, DOE will release further details on the projects.”
Residents of the seven hydrogen hub communities fear that once millions of dollars in federal funding have already been distributed for these projects, their input will no longer be relevant.
“The Department of Energy and the companies involved have not been transparent.” - Veronica Coptis, Taproot Earth
The Appalachian and California hubs both received $30 million and the Pacific Northwest hub received $27.5 million in initial funding from the federal government in July. Funding for the other four hubs is still being processed. In total, the seven planned hydrogen hub projects are slated to receive $7 billion in federal funding.
Jalonne White-Newsome, the federal chief environmental justice officer at The White House Council on Environmental Quality, said she’s aware that communities are frustrated about the hydrogen hubs.
“I spend a lot of my time working with our partners at the Department of Energy [and other federal agencies], making sure we support the safe deployment of these different technologies,” White-Newsome told EHN. “I continue to hear in many different forms the concerns that communities have — that there is not transparency, there’s not enough information, there’s fear of the technology.”
“I understand all of those concerns,” White-Newsome said, adding that The White House Environmental Justice Advisory Council had established a work group of environmental justice leaders across the country to address carbon capture technologies and hydrogen, and was working with an internal team, including federal agency partners at the DOE, “on how to address all of the issues that have been raised by this body.”
Advocates fear these measures won’t do enough.
“Even if this was the best, non-polluting, most renewable green energy project to come to Appalachia, this process does not align with environmental justice principles,” Coptis said.
Environmental justice and pollution concerns
Community members representing Chester Residents Concerned for Quality Living at the Mid-Atlantic hydrogen hub meeting held March 11, 2024 at the Steamfitters Union Hall in north Philadelphia.
Credit: Fred Stine, Delaware Riverkeeper Network
The hydrogen hubs were pitched as a boon to environmental justice communities that would bring jobs and economic development, cleaner air from reduced fossil fuel use and the promise of being central to America’s clean energy transition.
But more than 140 environmental justice organizations have signed public letters highlighting the ways hydrogen energy could prolong the use of fossil fuels, create safety hazards and worsen local air pollution, according to a report by the EFI Foundation.
The Mid-Atlantic and Midwest hubs plan to use renewables and nuclear energy in addition to fossil fuels, while the California, Pacific Northwest and Heartland hubs plan to use combinations of renewables, biomass and nuclear energy. The Appalachian and Gulf Coast hubs plan to use primarily fossil fuels.
Hydrogen hubs are dense networks of infrastructure that will span large regions. Many hydrogen hub components are being planned in communities that have historically been overburdened by pollution, particularly from fossil fuel extraction, so they can take advantage of that existing infrastructure.
For example, Houston’s Ship Channel region, California’s Inland Empire, and northwest Indiana all include environmental justice communities that are tentatively expecting hydrogen hub infrastructure, and all three regions routinely rank among the worst places in the country for air pollution.
“I spend a lot of my time working with our partners at the Department of Energy [and other federal agencies], making sure we support the safe deployment of these different technologies.” - Jalonne White-Newsome, the federal chief environmental justice officer at The White House Council on Environmental Quality
DOE has said projects will only be awarded if they demonstrate plans to minimize negative impacts and provide benefits for environmental justice communities, but so far communities expecting hydrogen hubs say they haven’t seen information about how project partners plan to do this, though some information has been provided in the California hub's community benefits plan.
Communities are worried the hubs will add new industrial pollution sources to already-polluted communities, while data on the cumulative impacts from existing and expanded networks of energy infrastructure remains scarce.
Concerns about health risks are especially acute around the Appalachian and Gulf Coast hubs because of their planned reliance on fossil fuels. EHN heard concerns about new emissions from truck and barge traffic, the potential use of eminent domain to seize private property for pipelines, the risk of pipelines exploding or leaking and increased nitrogen oxide emissions from the eventual combustion of hydrogen fuel, which contributes to higher levels of particulate matter pollution and ozone. Exposure to these pollutants are linked to health effects including increased cancer risk, respiratory and heart disease, premature birth and low birth weight.
There are also concerns about these hubs’ reliance on carbon capture and storage technology, which is required in order to convert fossil fuels into hydrogen but won’t be required for hubs using non-fossil fuel feedstocks.
Two residents at an event by Just Transition NWI to stop a proposed CO2 pipeline by BP.
Credit: Jennifer Gazdick for Just Transition Northwest Indiana
Credit: Jennifer Gazdick for Just Transition Northwest Indiana
Credit: Jennifer Gazdick for Just Transition Northwest Indiana
Carbon capture technology is controversial, as many experts and advocates consider it a way to prolong the use of fossil fuels, and have expressed how the technology could actually worsen climate change due to high energy consumption and leaks. Because captured CO2 contains toxic substances, like volatile organic compounds and mercury, the technique can pose risks to groundwater, soil and air through leaks.
Just last month, officials reported that the first commercial carbon sequestration plant in Illinois sprung two leaks this year under Lake Decatur, a drinking water source for Decatur, Illinois. The company that owns the plant, ADM, didn’t tell authorities about the leaks for months.
“These are communities with deep roots in extractive processes like coal mining and natural gas, so developers coming in and proposing something is nothing new for them, but when they learn that developers are interested in not extracting but depositing, injecting, their eyes widen,” Ethan Story, advocacy director and attorney at the Center for Coalfield Justice, a community health advocacy group in western Pennsylvania, told EHN.
Fossil fuel partners
Each hydrogen hub has a corporate, nonprofit or public-private partnership organization that oversees the project. The partnership organization is in charge of putting together the proposal, selecting projects, facilitating engagement, receiving and distributing federal funding and acting as a liaison between the DOE and industrial partners. In addition to the $7 billion federal investment, funding for the hydrogen hubs will include substantial private investments, incentivized by the Inflation Reduction Act.
Some of the prime contractors existed prior to the hydrogen hubs launching, like Battelle, which is overseeing the Appalachian hub, and the Energy & Environmental Research Center, which is overseeing the Heartland hub. Others were formed specifically to oversee the hydrogen hub projects, like the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES), which is overseeing the California hub, and HyVelocity, Inc., which is overseeing the Gulf Coast hub.
“These are communities with deep roots in extractive processes like coal mining and natural gas, so developers coming in and proposing something is nothing new for them, but when they learn that developers are interested in not extracting but depositing, injecting, their eyes widen." - Ethan Story, Center for Coalfield Justice
In addition to these contractors, the hubs have individual project partners that include fossil fuel companies. In the Gulf Coast hub, Chevron, ExxonMobil and Shell are among the fossil fuel companies listed as project partners. The Appalachia hub’s partners include CNX Resources, Enbridge, Empire Diversified Energy and EQT Corporation; and the California hub lists Chevron among its partners.
This is creating distrust in some communities.
Community members with the MACH 2 Exchange Coalition protesting outside of SEPTA (public transit agency) Headquarters in Philadelphia while handing out educational flyers to people on the street about the Mid-Atlantic hydrogen hub in July 2024.
Credit: Ray Bailey
Community member with a STOP MACH2 button outside of the SEPTA (public transit agency) Headquarters in Philadelphia, PA, where the Mid-Atlantic hydrogen hub and SEPTA held a meeting that the public had to pay to attend.
Credit: Ray Bailey
For example, in a DOE document released in August, the agency reported that EQT Corporation, the second-largest natural gas producer in the country, would host community listening sessions and work toward establishing a community advisory committee for its projects in the Appalachian hydrogen hub. EQT has racked up environmental violations at its fracking wells that caused multiple families in West Virginia to move out of their homes. The company has also promoted misinformation about the natural gas industry’s role in worsening climate change.
“Choosing EQT to run this part of the project shows the lack of real community engagement, the lack of community trust, the lack of community transparency that surrounds the [Appalachian hydrogen hub] community benefits process,” Matt Mehalik, executive director of the Breathe Project, a coalition of clean air advocacy nonprofits in western Pennsylvania, told EHN. “This choice of manager illustrates the lack of interest in establishing any sort of trust with impacted communities.”
Karen Feridun, a cofounder of the Better Path Coalition, a Pennsylvania climate advocacy group, said “If EQT creates a [community advisory committee], it'll be to find out what color ARCH2 [Appalachian hydrogen hub] baseball caps they prefer.”
EQT Corporation and Battelle did not respond to multiple requests for interviews, nor to specific questions about the community engagement process and the alleged lack of transparency.
The DOE also outsourced community engagement in the Gulf Coast to a local organization — the Houston Advanced Research Center, or HARC. The organization was founded in 1982 by George Mitchell, known as the “father of fracking,” who was credited for the shale boom in Texas. In 2001, HARC updated its mission on its website to reference mitigating climate risk and advancing clean energy, and in 2023 the organization included hydrogen energy in its strategic planning and company vision.
“Choosing EQT to run this part of the project shows the lack of real community engagement, the lack of community trust, the lack of community transparency that surrounds the [Appalachian hydrogen hub] community benefits process.” - Matt Mehalik, Breathe Project
Community engagement representative and HARC deputy director of climate equity and resilience, Margaret Cook, told EHN the organization had reached out to a few local advocacy groups to discuss its role in the hub’s community engagement. Cook said they plan to include a community advisory board that will interact with the companies involved and advise on how DOE dollars are spent at the community and regional levels. Additionally, the group will be tasked with organizing community benefits.
“We need to understand what their concerns are so that we can address them,” said Cook. “And we need to understand what they would perceive as a benefit that is actually going to help them, so that the project can do that.”
A lack of transparency and meaningful engagement
Some describe Houston’s East End as a checkerboard, where the borders of their homes, schools and greenspaces are marked by industrial plants, parking lots, entry docks, smokestacks and refineries.
The East End community is in the 99th percentile for exposure to air toxics and home to the state’s largest sources of chemical pollution. Residents of these neighborhoods, like Srivastava and Yvette Arellano, executive director of Fenceline Watch, worry that this enormous industrial presence will only increase with the introduction of hydrogen.
“When it comes to things like carbon capture, sequestration, direct air capture, these are almost like supporting tenets for hydrogen,” Srivastava said. “We see hydrogen rapidly being posited as the new feedstock for petrochemical production, to displace fossil fuels, which, for our community, doesn't work, because they're just still continuing to produce these toxics [with hydrogen production].”
Arellano told EHN that Fenceline Watch educates the public about industrial projects, but for hydrogen that’s been complicated by “the lack of a formalized community engagement process across all seven hubs.”
The DOE’s Office of Clean Energy Demonstrations (OCED) held nine initial listening sessions for the hubs and summarized the feedback received during those meetings on its website. The DOE did not make recordings of these meetings publicly available, but an EHN analysis of the DOE’s transcripts shows that a majority of commenters voiced concerns about issues like employee safety, pipeline siting, carbon capture efficacy, emissions impacts, who will regulate these projects, permitting, site locations, language barriers and environmental injustice.
For the Gulf Coast Hub, the community asked for formalized sessions where they could write in questions and get written responses using simple language. “What we have heard is that this is not how this process goes,” Arellano said.” We have heard dead silence.”
Of the 113 comments the DOE transcribed from the listening sessions, 95 voiced some opposition to the projects, and calls for greater transparency and better community engagement were issued at least 49 times.
EHN also heard calls for transparency beyond the listening sessions, particularly concerning environmental justice and community engagement, for all hubs except the Heartland hub, which would span across North Dakota, South Dakota and Minnesota (the hub lost its key project partners Marathon Petroleum and TC Energy, so it’s unclear if or how that project will move forward).
In response to complaints about engagement for the hubs, the DOE published a summary outlining key themes it heard during the listening sessions and how that feedback has been incorporated into the planning process for the hubs. An agency spokesperson said this type of community engagement is new for the DOE and the projects are all in early stages, so the agency is still learning and is working to ensure that community concerns are adequately addressed.
They added that the Office of Clean Energy Demonstrations (OCED) has held more than 70 meetings with community members and groups, local elected officials, first responders, labor and other community groups, and has provided informational briefings to more than 4,000 people in the hydrogen hub regions.
“I have questions and concerns,” Democratic North Dakota state senator Tim Mathern said. “Thus far I support it as it is presented as a cleaner fuel than fossil fuels and better for our environment. Very little information is provided about the environmental impacts, and I would like to know more.”
EHN reached out to other policymakers in the 16 states with proposed hydrogen projects and received five responses, with four coming from states in proposed Pacific Northwest hydrogen hub regions. Most responses from policymakers noted a need for more information, similar to their constituents.
“There has been involvement with local officials in my area as well as some state officials,” Republican Montana state representative Denley Loge told EHN. “Most (people) do not fully understand but do not dig deeper on their own. On the local level, when meetings have been held, few attend but rumors go rampant without good information.”
Democratic Texas state representative Penny Morales Shaw expressed support for the Gulf Coast hub.
“As a state representative, I receive feedback from my constituents every day about poor air quality and environmental conditions impacting their health and quality of life,” Morales Shaw told EHN. “Hydrogen hubs can help bring us to net-zero carbon emissions, and we all want to make sure it’s done in an effective, collaborative way.”
“Hydrogen hubs can help bring us to net-zero carbon emissions, and we all want to make sure it’s done in an effective, collaborative way.” - Democratic Texas state representative Penny Morales Shaw
The listening sessions are just one way communities have requested improvements to the DOE’s engagement process. EHN also tracked the written requests made to DOE regarding transparency around the hydrogen hubs outside of the listening sessions. We found that:
- A group of leaders from numerous national advocacy groups, including Clean Air Task Force, the Environmental Defense Fund and the Natural Resources Defense Counsel, also formally asked the DOE for increased transparency and engagement around the hydrogen hubs
- 54 Appalachian organizations and community groups signed a letter to the DOE calling for the suspension of the Appalachian hub, citing a lack of transparency and engagement
- 32 groups from the Mid-Atlantic hub region signed a letter to the DOE stating that the first public meeting on the hub was inaccessible to many residents and requesting increased transparency and engagement.
- 15 advocacy groups sent the DOE a letter expressing frustration over the lack of transparency and engagement for the Midwest hydrogen hub
- Nine environmental and justice advocacy groups in California made similar requests related to transparency and engagement
- A coalition of groups from Texas, California, Washington, Pennsylvania, New Mexico and Indiana requested improved transparency and engagement around hydrogen energy in a published report
- In the absence of meaningful engagement on the projects, a coalition of advocacy groups also recently published their own “Guide to Community Benefits in Southwestern Pennsylvania” with the hopes that the Appalachian hydrogen hub project, and others like it, will use it as a reference.
A DOE spokesperson said the agency has responded directly to more than 50 letters, but most of those responses have not been made public. Community advocates who received responses to these letters told EHN they were dissatisfied. The agency declined to answer EHN’s questions about whether it was working to meet the specific requests in these letters.
Resident speaks at an event about the Midwest hydrogen hub organized by Just Transition NWI in August 2024.
Credit: Jennifer Gazdick for Just Transition Northwest Indiana
Woman looking at materials at an event about the Midwest hydrogen hub organized by Just Transition NWI in August 2024.
Credit: Jennifer Gazdick for Just Transition Northwest Indiana
In initial presentations about the hubs, the DOE discussed “go/no-go” stages for the projects, which require community engagement before the projects can move forward. This led many community members to believe this meant the projects could be stopped if communities decided the costs outweigh the benefits. That turned out not to be the case.
“Communities will not have a direct right of refusal,” DOE said in an emailed response to questions from community groups about the Mid-Atlantic hub in July. “This is not a requirement of the H2Hubs program.”
Some people, including Feridun of the Better Path Coalition in Pennsylvania, felt misled. “We've been fed a line over and over about these go/no-go decisions and how we'll be engaged when each one is being made, but that's simply not what's happening.”
Advocates question the ethics of the federal government citing new pollution sources in environmental justice communities whether or not they consent to it. There’s also a widespread perception that the hubs’ industrial partners are forging ahead with planning in closed-door meetings with agency officials, without community input.
“Communities will not have a direct right of refusal. This is not a requirement of the H2Hubs program.” - Department of Energy
“The DOE appeared on the very first listening session as a co-host of the call with [the industrial partners],” Chris Chyung, executive director of the environmental advocacy group Indiana Conservation Voters, speaking about the Midwest Hydrogen hub. “It creates an ethical dilemma since DOE is supposed to be a mediator, providing oversight of this money and advocating on behalf of the taxpayers who are funding it.”
On the East Coast, the prime contractor leading the Mid-Atlantic hub set up monthly networking meetings for corporate partners that cost $25-$50 to join and were not open to the public. It also established a tiered membership program that cost between $2,500 and $10,000 and gave members free access to educational webinars, free registrations for an “annual MACH2 Hydrogen Conference,” and access to members-only events and a members-only online portal with additional information about the projects.
In an email to local advocates who asked why these opportunities weren’t open to the public, a DOE spokesperson said the networking meetings were “for businesses, startups and other parties engaged in the clean energy economy” and “are not intended to be a substitute for community events.”
Community members protesting outside of the SEPTA (public transit agency) Headquarters in Philadelphia, PA, where the Mid-Atlantic hydrogen hub and SEPTA held a July 2024 meeting that the public had to pay to attend.
Credit: Anneke van Rossum, Delaware Riverkeeper Network
“Our biggest concern is that many projects that are already set as key components to [the Mid-Atlantic hydrogen hub] are being advanced with no community outreach,” Tracy Carluccio, deputy director of the Delaware Riverkeeper Network, told EHN. The nonprofit Carluccio heads filed a Freedom of Information Act (FOIA) request to gain access to these applications and other materials related to the Mid-Atlantic hydrogen hub in November 2023. When they received responses in August 2024, they learned that numerous projects were further along in the planning process than they’d realized.
Similarly, near the California, communities have heard promises that hydrogen production will only come from renewables, according to Kayla Karimi, a staff attorney for the California-based nonprofit Center on Race, Poverty and the Environment. Her organization has not seen any contracts or documents supporting those promises beyond the initial announcements made prior to funding.
“Our biggest concern is that many projects that are already set as key components to [the Mid-Atlantic hydrogen hub] are being advanced with no community outreach.” - Tracy Carluccio, Delaware Riverkeeper Network
Karimi said that her organization was asked to sign a non-disclosure agreement (NDA) to obtain information about the California hub beyond what’s on its website. She found the NDA “very punitive” and said those who signed it could face legal ramifications for speaking negatively about the California hub. Karimi’s organization did not sign the NDA, and advocated against community members doing so.
EHN also spoke to Steven Lehat, managing director of the investment banking company Colton Alexander, who agreed to sign NDAs to gain access to three otherwise-private planning committees for the California hub. While the NDA provided more information, that information legally could not be shared with community members. Barriers like these raised the question of how equitable the community engagement process is, even for the hubs that are slated to use mainly renewable energy sources.
“The community's comments thus far have been really limited because we don't know what we're commenting on,” Karimi told EHN, “but also we wouldn't know if they're being incorporated whatsoever, because we haven't been told anything [and] have not been communicated with.”
When asked about the NDAs, a spokesperson for ARCHES, the organization managing California’s hydrogen hub, told EHN that NDAs were not required in order to join workgroups related to community engagement or benefits.
“ARCHES stands by our principle of being stakeholder and community engaged and will continue to work to ensure that all stakeholders can participate in our community meetings,” the spokesperson said in an email. “However, NDAs are necessary for becoming an ARCHES member, as member companies must feel confident sharing sensitive or proprietary information.”
The Pacific Northwest hub was distinct in having public information available compared to the other six hubs. Keith Curl Dove, an organizer with Washington Conservation Action, told EHN his organization was able to access proposed project locations and tribal outreach history, and said that the Washington Chamber of Commerce attempted to respond to all questions and concerns that his organization had.
Policymakers in Washington mirrored Dove’s perspective.
“I will say, I feel like there has been a pretty broad stakeholder engagement process, which is different than a community engagement process, early on to figure out which businesses, which industries, etc., were going to be ready to make the investments to match Washington state's and the federal investment in our [Pacific] Northwest hydrogen hub,” Democratic Washington state representative Alex Ramel told EHN.
“Two of the state's five refineries are in my district, and two more are in the next district, north of me,” Ramel said. “So about 90% of the state's refining capacity is right next door, and the refineries are going to be a major place where hydrogen is deployed in Washington State, and I think they're an important early customer… because they're already using dirty hydrogen, and this is a chance to replace it with green hydrogen.”
In U.S. Environmental Protection Agency documents, the White House Environmental Justice Advisory Council shared concerns about hydrogen hubs and other carbon management technologies, stating, “This investment in ‘experimentation’ of technology that lacks sufficient research of both its safety and efficacy further creates barriers of distrust between impacted communities, particularly those who have been historically and currently disenfranchised, and the respective government agencies.”
The Council added that “a humane approach to carbon management would be to prioritize sound research (not influenced by polluters) that includes a robust focus on potential public health and environmental risks.”
These concerns mirror those of individuals working on the ground.
“Can we really rely on another potential polluter?” asked Arellano of Fenceline Watch.
Read Part 2: What’s hampering federal environmental justice efforts in the hydrogen hub build-out?
Video production and editing: Jimmy Evans