Canada may already be ready for plug-in vehicles

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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Africa Energy Investment must quadruple, says IEA, to deliver electricity access via grids, mini-grids, and stand-alone solar PV, wind, hydropower, natural gas, and geothermal, targeting $120 billion annually and 2.5% of GDP.

Key Points

Africa Energy Investment funds reliable, low-carbon electricity via grids, mini-grids, and renewables.

✅ Requires about $120B per year, or 2.5% of GDP

✅ Mix: grids, mini-grids, stand-alone solar PV and wind

✅ Targets reliability, economic growth, and electricity access

African countries will need to quadruple their rate of investment in their power sectors for the next two decades to bring reliable electricity to all Africans, as outlined in the IEA’s path to universal access analysis, an International Energy Agency (IEA) study published on Friday said.

If African countries continue on their policy trajectories, 530 million Africans will still lack electricity in 2030, the IEA report said. It said bringing reliable electricity to all Africans would require annual investment of around $120 billion and a global push for clean, affordable power to mobilize solutions.

“We’re talking about 2.5% of GDP that should go into the power sector,” Laura Cozzi, the IEA’s Chief Energy Modeller, told journalists ahead of the report’s launch. “India’s done it over the past 20 years. China has done it, with solar PV growth outpacing any other fuel, too. So it’s something that is doable.”

Taking advantage of technological advances and optimizing natural resources, as highlighted in a renewables roadmap, could help Africa’s economy grow four-fold by 2040 while requiring just 50% more energy, the agency said.

Africa’s population is currently growing at more than twice the global average rate. By 2040, it will be home to more than 2 billion people. Its cities are forecast to expand by 580 million people, a historically unprecedented pace of urbanization.

While that growth will lead to economic expansion, it will pile pressure on power sectors that have already failed to keep up with demand, with the sub-Saharan electricity challenge intensifying across the region. Nearly half of Africans - around 600 million people - do not have access to electricity. Last year, Africa accounted for nearly 70% of the global population lacking power, a proportion that has almost doubled since 2000, the IEA found.

Some 80% of companies in sub-Saharan Africa suffered frequent power disruptions in 2018, leading to financial losses that curbed economic growth.

The IEA recommended changing how power is distributed, with mini-grids and stand-alone systems like household solar playing a larger role in complementing traditional grids as targeted efforts to accelerate access funding gain momentum.

According to IEA Executive Director Fatih Birol, with the right government policies and energy strategies, Africa has an opportunity to pursue a less carbon-intensive development path than other regions.

“To achieve this, it has to take advantage of the huge potential that solar, wind, hydropower, natural gas and energy efficiency offer,” he said.

Despite possessing the world’s greatest solar potential, Africa boasts just 5 gigawatts of solar photovoltaics (PV), or less than 1% of global installed capacity, a slow green transition that underscores the scale of the challenge, the report stated.

To meet demand, African nations should add nearly 15 gigawatts of PV each year through 2040. Wind power should also expand rapidly, particularly in Ethiopia, Kenya, Senegal and South Africa. And Kenya should develop its geothermal resources.

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BPA Privatization would sell the Bonneville Power Administration's transmission lines, raising FERC-regulated grid rates for ratepayers, impacting hydropower and the California-Oregon Intertie under the Trump 2018 budget proposal in the Pacific Northwest region.

Key Points

Selling Bonneville's transmission grid to private owners, raising rates and returns, shifting costs to ratepayers.

✅ Trump 2018 budget targets BPA transmission assets for sale.

✅ Higher capital costs, taxes, and profit would raise transmission rates.

✅ California-Oregon Intertie and hydropower flows face price impacts.

President Trump's 2018 budget proposal is so chock-full of noxious elements — replacing food stamps with "food boxes," drastically cutting Medicaid and Medicare, for a start — that it's unsurprising that one of its most misguided pieces has slipped under the radar.

That's the proposal to privatize the government-owned Bonneville Power Administration, which owns about three-quarters of the high-voltage electric transmission lines in a region that includes California, Washington state and Oregon, serving more than 13.5 million customers. By one authoritative estimate, any such sale would drive up the cost of transmission by 26%-44%.

The $5.2-billon price cited by the Trump administration, moreover, is nearly 20% below the actual value of the Bonneville grid — meaning that a private buyer would pocket an immediate windfall of $1.2 billion, at the expense of federal taxpayers and Bonneville customers.

Trump's plan for Portland, Ore.-based Bonneville is part of a larger proposal to sell off other government-owned electricity bodies, including the Colorado-based Western Area Power Administration and the Oklahoma-based Southwestern Power Administration. But Bonneville is by far the largest of the three, accounting for nearly 90% of the total $5.8 billion the budget anticipates collecting from the sales. The proposal is also part of the administration's

Both plans are said to be politically dead-on-arrival in Washington. But they offer a window into the thinking in the Trump White House.

"The word 'muddle' comes to mind," says Robert McCullough, a respected Portland energy consultant, referring to the justification for the privatization sale included in the Trump budget.

The White House suggests that selling the Bonneville grid would result in lower costs. But that narrative, McCullough wrote in a blistering assessment of the proposal, "displays a severe lack of understanding about the process of setting transmission rates."

McCullough's assessment is an update of a similar analysis he performed when the privatization scheme was first raised by the Trump administration last year. In that analysis issued in June, McCullough said the proposal "raises the question of why these valuable assets would be sold at a discount — and who would get the benefit of the discounted price."

The implications of a sale could be dire for Californians. Bonneville is the majority owner of the California-Oregon Intertie, an electrical transmission system that carries power, including Columbia River-generated hydropower and other clean-energy generation in British Columbia that supports the regional exchange, south to California in the summer and excess California generation to the Pacific Northwest in the winter.

But the idea has drawn fire throughout the region. When it was first broached last year, the Public Power Council, an association of utilities in the Northwest, assailed it as an apparent "transfer of value from the people of the Northwest to the U.S. Treasury," drawing parallels to Manitoba Hydro governance issues elsewhere.

The region's political leaders had especially harsh words for the idea this time around. "Oregonians raised hell last year when Trump tried to raise power bills for Pacific Northwesterners by selling off Bonneville Power, and yet his administration is back at it again," Sen. Ron Wyden (D-Ore.) said after the idea reappeared. "Our investment shouldn't be put up for sale to free up money for runaway military spending or tax cuts for billionaires." Sen. Maria Cantwell (D-Wash.) promised in a statement to work to "stop this bad idea in its tracks."

The notion of privatizing Bonneville predates the Trump administration; it was raised by Bill Clinton and again by George W. Bush, who thought the public would gain if the administration could sell its power at market rates. Both initiatives failed.

The same free-enterprise ideology underlies the Trump proposal. Privatizing the transmission lines "encourages a more efficient allocation of economic resources and mitigates unnecessary risk to taxpayers," the budget asserts. "Ownership of transmission assets is best carried out by the private sector where there are appropriate market and regulatory incentives."

But that's based on a misunderstanding of how transmission rates are set, McCullough says. Transmission is essentially a monopoly enterprise, with rates overseen by the Federal Energy Regulatory Commission based on the grid's costs, and with federal scrutiny of public utilities such as the TVA underscoring that oversight. There's very little in the way of market "incentives" involved in transmission, since no one has come forward to build a competing grid.

Those include the owners' cost of capital — which would be much higher for a private owner than a government agency, McCullough observes, as Hydro One investor uncertainty demonstrates in practice. A private owner, unlike the government-owned Bonneville, also would owe federal income taxes, which would be passed on to consumers.

Then there's the profit motive. Bonneville "currently sells and delivers its power at cost," McCullough wrote last year. "Under a private regime, an investor-owned utility would likely charge a higher rate of return, a pattern seen when UK network profits drew regulatory rebukes."

None of these considerations appears to have been factored into the White House budget proposal. "Either there's an unsophisticated person at the Office of Management and Budget thinking up these numbers himself," McCullough told me, "or there would seem to be ongoing negotiations with an unidentified third party." No such buyer has emerged in the past, however.

What's left is a blind faith in the magic of the market, compounded by ignorance about how the transmission market operates. Put it together, and there's reason to wonder if Trump is even serious about this plan.

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Ukraine nuclear safety risks escalate as IAEA warns of power grid attacks threatening reactor cooling, diesel generators, and Zaporizhzhia oversight, prompting UN calls for demilitarized zones to prevent radioactive releases and accidents.

Key Points

Escalating threats from grid attacks and outages that jeopardize reactor cooling, IAEA oversight, and public safety.

✅ Power grid strikes threaten reactor cooling systems.

✅ Emergency diesel generators are last defense lines.

✅ Calls grow for demilitarized zones around plants.

In early February 2025, Rafael Grossi, Director General of the International Atomic Energy Agency (IAEA), expressed grave concerns regarding the safety of Ukraine's nuclear facilities amid ongoing Russian attacks on the country's power grids, as Kyiv warned of a difficult winter without power after deadly strikes on energy infrastructure. Grossi's warnings highlight the escalating risks to nuclear safety and the potential for catastrophic accidents.

The Threat to Nuclear Safety

Ukraine's nuclear infrastructure, including the Zaporizhzhia Nuclear Power Plant—the largest in Europe—relies heavily on a stable power supply to maintain critical cooling systems and other safety measures. Russian military operations targeting Ukraine's energy infrastructure have led to power outages, and created hazards akin to those highlighted in downed power line safety guidance during emergency repairs, jeopardizing the safe operation of these facilities. Grossi emphasized that such disruptions could result in severe nuclear accidents if cooling systems fail.

IAEA's Response and Actions

In response to these threats, the IAEA has been actively involved in monitoring and assessing the situation. Grossi visited Kyiv to inspect electrical substations and discuss safety measures with Ukrainian officials. He underscored the necessity of ensuring uninterrupted power to nuclear plants and the critical role of emergency diesel generators as a last line of defense, and noted that maintaining staffing continuity, including measures such as staff living on site at critical facilities, may be necessary. The IAEA has also postponed the rotation of its mission at the Zaporizhzhia plant due to security concerns, as reported by Reuters.

International Concerns and Diplomatic Efforts

The international community has expressed deep concern over the potential for nuclear accidents in Ukraine, echoing earlier grid overseer warnings about systemic risks in other crises that stress energy systems. The United Nations and various countries have called for the establishment of a demilitarized zone around nuclear facilities to prevent military activities that could compromise their safety. Diplomatic efforts are ongoing to facilitate dialogue between Russia and Ukraine, aiming to ensure the protection of nuclear sites and the safety of surrounding populations.

The Zaporizhzhia Nuclear Power Plant

The Zaporizhzhia Nuclear Power Plant, located in southeastern Ukraine, has been under Russian control since early in the conflict, with Rosatom cooperation agreements reflecting broader nuclear policy priorities that frame Moscow's approach to the sector. The plant consists of six reactors and has been a focal point of international concern due to its size and the potential consequences of any incident. The IAEA has been working to maintain oversight and ensure the plant's safety amid the ongoing conflict.

Potential Consequences of Nuclear Accidents

A nuclear accident at any of Ukraine's nuclear facilities could have catastrophic consequences, including the release of radioactive materials, displacement of populations, and long-term environmental damage, with communities potentially facing weeks without electricity and basic services in the aftermath. The proximity of these plants to densely populated areas further amplifies the risks. The international community continues to monitor the situation closely, emphasizing the need for immediate action to safeguard nuclear facilities.

The ongoing conflict in Ukraine has introduced unprecedented challenges to nuclear safety. The IAEA's warnings and actions underscore the critical need for international cooperation to protect nuclear facilities from the dangers posed by military activities. Ensuring the safety of these sites is paramount to prevent potential disasters that could have far-reaching humanitarian and environmental impacts, and sustained attention to nuclear workers' safety concerns helps maintain operational readiness under strain.

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Central Asia power shortages strain grids across Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan, driven by drought-hit hydropower, aging coal and gas plants, rising demand, cryptomining loads, and winter peak consumption risks.

Key Points

Regionwide blackouts from drought, aging plants and grids, rising demand, and winter peaks stressing Central Asia.

✅ Drought slashes hydropower in Kyrgyzstan, Tajikistan, Uzbekistan

✅ Aging coal and gas TPPs and weak grids cause frequent outages

✅ Cryptomining loads and winter heating spike demand and stress supply

Central Asians from western Kazakhstan to southern Tajikistan are suffering from power and energy shortages that have caused hardship and emergency situations affecting the lives of millions of people.

On October 14, several units at three power plants in northeastern Kazakhstan were shut down in an emergency that resulted in a loss of more than 1,000 megawatts (MW) of electricity.

It serves as an example of the kind of power failures that plague the region 30 years after the Central Asian countries gained independence and despite hundreds of millions of dollars being invested in energy infrastructure and power grids, and echo risks seen in other advanced markets such as Japan's near-blackouts during recent cold snaps.

Some of the reasons for these problems are clear, but with all the money these countries have allocated to their energy sectors and financial help they have received from international financial institutions, it is curious the situation is already so desperate with winter officially still weeks away.

The Current Problems
Three power plants were affected in the October 14 shutdowns of units: Ekibastuz-1, Ekibastuz-2, and the Aksu power plant.

Ekibastuz-1 is the largest power plant in Kazakhstan, capable of generating some 4,000 MW, roughly 13 percent of Kazakhstan’s total power output.

The Kazakhstan Electricity Grid Operating Company (KEGOC) explained the problems resulted partially from malfunctions and repair work, but also from overuse of the system that the government would later say was due to cryptominers, a large number of whom have moved to Kazakhstan recently from China after Beijing banned the mining needed by Bitcoin and other cryptocurrencies, amid its own China's power cuts across several provinces in 2021.

But between November 8 and 9, rolling blackouts were reported in the East Kazakhstan, North Kazakhstan, and Kyzylorda provinces, as well as the area around Almaty, Kazakhstan’s biggest city, and Shymkent, its third largest city.

People in Uzbekistan say they, too, are facing blackouts that the Energy Ministry described as “short-term outages,” even as authorities have looked to export electricity to Afghanistan to support regional demand, though it has been clear for several weeks that the country will have problems with natural gas supplies this winter.

Power lines in Uzbekistan
Kyrgyz President Sadyr Japarov continues to say there won't be any power rationing in Kyrgyzstan this winter, but at the end of September the National Energy Holding Company ordered “restrictions on the lighting of secondary streets, advertisements, and facades of shops, cafes, and other nonresidential customers.”

Many parts of Tajikistan are already experiencing intermittent supplies of electricity.

Even in Turkmenistan, a country with the fourth-largest reserves of natural gas in the world, there were reports of problems with electricity and heating in the capital, Ashgabat.

What Is Going On?
The causes of some of these problems are easy to see.

The population of the region has grown significantly, with the population of Central Asia when the Soviet Union collapsed in late 1991 being some 50 million and today about 75 million.

Kyrgyzstan and Tajikistan are mountainous countries that have long been touted for their hydropower potential and some 90 percent of Kyrgyzstan’s domestically produced electricity and 98 percent of Tajikistan’s come from hydropower.

But a severe drought that struck Central Asia this year has resulted in less hydropower and, in general, less energy for the region, similar to constraints seen in Europe's reduced hydro and nuclear output this year.

Tajik authorities have not reported how low the water in the country’s key reservoirs is, but Kyrgyzstan has reported the water level in the reservoir at its Toktogul hydropower plant (HPP) is 11.8 billion cubic meters (bcm), the lowest level in years and far less than the 14.7 bcm of water it had in November 2020.

The Toktogul HPP, with an installed capacity of 1,200 MW, provides some 40 percent of the country's domestically produced electricity, but operating the HPP this winter to generate desperately needed energy brings the risk of leaving water levels at the reservoir critically low next spring and summer when the water is also needed for agricultural purposes.

This year’s drought is something Kyrgyzstan and Tajikistan will have to take into consideration as they plan how to provide power for their growing populations in the future. Hydropower is a desirable option but may be less reliable with the onset of climate change, prompting interest in alternatives such as Ukraine's wind power to diversify generation.

Uzbekistan is also feeling the effects of this year’s drought, and, like the South Caucasus where Georgia's electricity imports have increased, supply shortfalls are testing grids.

According to the International Energy Agency, HPPs account for some 12 percent of Uzbekistan’s generating capacity.

Uzbekistan’s Energy Ministry attributed low water levels at HPPs that have caused a 23 percent decrease in hydropower generation this year.

A reservoir in Kyrgyzstan
Kazakhstan and Uzbekistan are the most populous Central Asian countries, and both depend on thermal power plants (TPP) for generating most of their electricity.

Most of the TPPs in Kazakhstan are coal-fired, while most of the TPPs in Uzbekistan are gas-fired.

Kazakhstan has 68 power plants, 80 percent of which are coal-fired TPPs, and most are in the northern part of the country where the largest deposits of coal are located. Kazakhstan has the world's 10th largest reserves of coal.

About 88 percent of Uzbekistan’s electricity comes from TTPs, most of which use natural gas.

Uzbekistan’s proven reserves are some 800 billion cubic meters, but gas production in Uzbekistan has been decreasing.

In December 2020, Uzbek President Shavkat Mirziyoev ordered a halt to the country’s gas exports and instructed that gas to be redirected for domestic use. Mirziyoev has already given similar instructions for this coming winter.

How Did It Come To This?
The biggest problem with the energy infrastructure in Central Asia is that it is generally very old. Nearly all of its power plants date back to the Soviet era -- and some well back into the Soviet period.

The use of power plants and transmission lines that some describe as “obsolete” and a few call “decrepit” has unfortunately been a necessity in Central Asia, even as regional players pursue new interconnections like Iran's plan to transmit electricity to Europe as a power hub.

Reporting on Kazakhstan in September 2016, the Asian Development Bank (ADB) said, “70 percent of the power generation infrastructure is in need of rehabilitation.”

The Ekibastuz-1 TPP is relatively new by the power-plant standards of Central Asia. The first unit of the eight units of the TPP was commissioned in 1980.

The first unit at the AKSU TPP was commissioned in 1968, and the first unit of the gas- and fuel-fired TPP in southern Kazakhstan’s Zhambyl Province was commissioned in 1967.

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US-Canada Electricity Tariff Dispute intensifies as proposed tariffs spur Canadian threats to restrict hydroelectric exports, risking cross-border energy supply, grid reliability, higher electricity prices, and clean energy goals in the Northeast and Midwest.

Key Points

Trade clash over tariffs and hydroelectric exports that threatens power supply, prices, and grid reliability.

✅ Potential export curbs on Canadian hydro to US markets

✅ Risks: higher prices, strained grids, reduced clean energy

✅ Diplomacy urged to avoid retaliatory trade measures

In early February 2025, escalating trade tensions between the United States and Canada have raised concerns about the future of electricity exports from Canada to the U.S. The potential imposition of tariffs by the U.S. has prompted Canadian officials to consider retaliatory measures, including restricting electricity exports and pursuing high-level talks such as Ford's Washington meeting with federal counterparts.

Background of the Trade Dispute

In late November 2024, President-elect Donald Trump announced plans to impose a 25% tariff on all Canadian products, citing issues related to illegal immigration and drug trafficking. This proposal has been met with strong opposition from Canadian leaders, who view such tariffs as unjustified and detrimental to both economies, even as tariff threats boost support for Canadian energy projects among some stakeholders.

Canada's Response and Potential Retaliatory Measures

In response to the proposed tariffs, Canadian officials have discussed various countermeasures. Ontario Premier Doug Ford has threatened to cut electricity supplies to 1.5 million Americans and ban imports of U.S.-made beer and liquor. Other provinces, such as Quebec and Alberta, are also considering similar actions, though experts advise against cutting Quebec's energy exports due to reliability concerns.

Impact on U.S. Energy Supply

Canada is a significant supplier of electricity to the United States, particularly in regions like the Northeast and Midwest. A reduction or cessation of these exports could lead to energy shortages and increased electricity prices in affected U.S. states, with New York especially vulnerable according to regional assessments. For instance, Ontario exports substantial amounts of electricity to neighboring U.S. states, and any disruption could strain local energy grids.

Economic Implications

The imposition of tariffs and subsequent retaliatory measures could have far-reaching economic consequences. In Canada, industries such as agriculture, manufacturing, and energy could face significant challenges due to reduced access to the U.S. market, even as many Canadians support energy and mineral tariffs as leverage. Conversely, U.S. consumers might experience higher prices for goods and services that rely on Canadian imports, including energy products.

Environmental Considerations

Beyond economic factors, the trade dispute could impact environmental initiatives. Canada's hydroelectric power exports are a clean energy source that helps reduce carbon emissions in the U.S., where policymakers look to Canada for green power to meet targets. A reduction in these exports could lead to increased reliance on fossil fuels, potentially hindering environmental goals.

The escalating trade tensions between the United States and Canada, particularly concerning electricity exports, underscore the complex interdependence of the two nations. While the situation remains fluid, it highlights the need for diplomatic engagement to resolve disputes and maintain the stability of cross-border energy trade.

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