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Electricity transmission pylons beside the gas-fired power plant, operated by Uniper SE, in Irsching, Germany, on Wednesday, July 7, 2021.
Michaela Handrek-Rehle | Bloomberg | Getty Images

LONDON — The Energy Charter Treaty is not widely known, yet it’s feared the influence of this international agreement could be enough by itself to derail hopes of capping global heating to 1.5 degrees Celsius.

The ECT contains a highly contentious legal mechanism that allows foreign energy companies to sue governments over climate action that could hurt future profits.

These “corporate court” cases, sometimes referred to as investor-state dispute settlements, are highly secretive, take place outside of the national legal system and can often lead to far larger financial awards than companies might otherwise expect.

Five fossil fuel companies are already known to be seeking over $18 billion in compensation from governments over energy policy changes and most of these have been brought via the ECT.

For example, Germany’s RWE and Uniper are suing the Netherlands over coal phase-out plans and the U.K.’s Rockhopper is suing Italy over a ban on offshore drilling.

Not only do countries have to get out of that treaty, they have to torpedo it on the way out.
Julia Steinberger
Ecological economist and professor from the University of Lausanne

A spokesperson for Uniper told CNBC: “The Dutch government has announced its intention to shut down the last coal-fired power plants by 2030 without compensation.

“Uniper is convinced that shutting down our power plant in Maasvlakte after only 15 years of operation would be unlawful without adequate compensation.”

RWE said it “expressly supports the energy transition in The Netherlands. In principle, it also supports the measures to reduce CO2 associated with the law, but believes compensation is necessary.”

Rockhopper did not respond to a request for comment.

The number of these corporate court tribunals is expected to skyrocket in the coming years, a trend that campaigners fear will act as a handbrake on plans to transition away from fossil fuels.

Governments that are prepared to implement measures to tackle the climate crisis, meanwhile, could be hit with enormous fines.

“The Energy Charter Treaty is a real trap for countries,” Yamina Saheb, an energy expert and former ECT Secretariat employee turned whistleblower, told CNBC via telephone.

Saheb quit her role with the Secretariat in June 2019 after concluding it would be impossible to align the ECT with the goals of the landmark Paris Agreement. She said any attempt to reform or modernize the treaty would ultimately be vetoed since many member states are heavily reliant on fossil fuel revenues.

Thick smoke, cloud of water vapour comes out of the cooling towers of the lignite-fired power plant Weisweiler of RWE Power AG in Germany.
Horst Galuschka | picture alliance | Getty Images

“If we withdraw, we can protect ourselves, we can start implementing the climate neutrality targets and we can end the promotion of the expansion of this treaty to other developing countries,” Saheb said.

“I think the only way forward is to kill this treaty,” she added. “Either we kill this treaty, or the treaty will kill us.”

The ECT Secretariat was not immediately available to respond when contacted by CNBC.

The treaty has said its fundamental aim is “to strengthen the rule of law on energy issues by creating a level playing field of rules” that help to mitigate the risks associated with energy-related investment and trade.

Who’s involved and how does it work?

The ECT is a unique multilateral framework that applies to more than 50 countries — mostly in Europe and central Asia — and includes the European Union, the U.K. and Japan among its signatories. It is currently looking to expand to new signatory states, particularly in Africa, Asia and Latin America.

Signed in 1994, the ECT was primarily intended to help protect western companies investing in former Soviet Union countries in the post-Cold War era. It was also designed to help overcome economic divisions by ensuring a flow of western finance in the east through binding investment protection.

It has since been sharply criticized by more than 200 climate leaders and scientists as a “major obstacle” to averting climate catastrophe.

Dozens of people walk through water due to heavy rains causing flooding in Dhaka, Bangladesh on October 7, 2021.
Sumit Ahmed | Eyepix Group | Barcroft Media | Getty Images

“I think the treaty is probably by itself enough to kill 1.5 [degrees Celsius],” Julia Steinberger, ecological economist and professor from the University of Lausanne, told CNBC.

“I know that 1.5 is a very tight target and there are a lot of things that can blow it, but it is because it basically saves fossil fuel industries … from the financial collapse that they should face for their risky — and honestly criminal — investments in a harmful technology.”

Corporate court hearings brought via the ECT take place in private and investors are not obliged to acknowledge the existence of a case, let alone reveal the compensation they are seeking.

The average cost of investor-state dispute settlement cases is estimated at roughly 110 million euros ($123.9 million), according to an analysis of 130 known claims by think tank OpenExp, and the average cost of arbitration and legal fees is thought to be around 4.5 million euros.

International environmental law experts say that even the threat of legal action is thought to be highly effective in chilling domestic climate action — and fossil fuel companies are acutely aware of this.

That’s because governments may struggle to allocate resources to a single issue when accounting for other priorities. The threat of legal action becomes progressively more powerful as the budget of the country involved becomes smaller.

Notably, a ruling in favor of the state does not lead to zero cost for taxpayers because the defendant state must pay for legal and arbitration fees.

“Not only do countries have to get out of that treaty, they have to torpedo it on the way out,” Steinberger said. “And that’s something a unit the size of the European Union could do.”

A spokesperson for the EU was not immediately available to comment when contacted by CNBC.

The EU completed its eighth round of negotiations to modernize the ECT earlier this month, with the ninth round of talks scheduled for Dec. 13.

France, Spain and Luxembourg have all raised the option of withdrawing if the EU’s modernization efforts fail to conform to the Paris accord.

What happens if countries withdraw?

Italy withdrew from the ECT in 2016, but it is currently being sued because of a 20-year “sunset clause” which means it is subject to the treaty through to 2036.

Around 60% of cases based on the treaty are intra-EU, with Spain and Italy thought to be the most sued countries. Saheb said that given most of these cases are within the bloc itself, a coordinated withdrawal would likely kickstart a domino effect, with states such as Switzerland, Norway and Liechtenstein seen as likely to follow suit.

And if the bloc were to withdraw from the treaty collectively, member states could agree to remove the legal effects of the sunset clause themselves.

“That sunset clause is much longer than many sunset clauses in other treaties but is also completely incompatible with the notion that regulations need to evolve with the changing reality of climate change, to the changing demands of safeguarding the environment and human rights,” Nikki Reisch, director of the Climate & Energy Program at the Center for International Environmental Law, told CNBC.

“There’s a really strong case to make that the application or enforcement of that sunset clause is contrary to other principles of international law,” she added.

A view of open freight wagons full of coal under smog during a day that the level of PM2.5 dust concentration amounted to 198 ug/m3 on February 22, 2021 in Czechowice Dziedzice, Poland. The central eastern European country has the EU’s worst air, according to a report published by the European Environment Agency (EEA).
Omar Marques | Getty Images News | Getty Images

The European Court of Justice ruled in early September that EU energy companies could no longer use the treaty to sue EU governments. The verdict significantly limits the scope of future intra-EU cases and has thrown the legitimacy of a number of ongoing multi-billion-euro lawsuits into question.

“We are not out of the woods yet,” Reisch said. The ruling was an important step to blunting an instrument designed to protect fossil fuel investors, she said, but it does not take arbitration cases by investors domiciled outside of the EU off the table.

“We can’t let our ability to confront the greatest crisis that we have ever faced as humankind, arguably, be held hostage to the interests of investors,” Reisch said.

“I think it is just another reminder of the need to eliminate those legal structures and fictions that we’ve created that really do lock us into a bygone era of fossil fuel dependence.”

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Hyundai commits a record +$16.6 billion in Korea to develop new tech and EVs

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Hyundai commits a record +.6 billion in Korea to develop new tech and EVs

The world’s third-largest auto group is going all-in to lead the shift to electrification. With plans to pour a record over $16.6 billion into advancing new tech and EVs in South Korea, Hyundai is laying the groundwork for the future. Can the new investment help it surpass Volkswagen or Toyota in global sales?

Hyundai Motor Group, including Kia, announced on Thursday that it will “make the largest annual investment in its history in Korea this year.”

In 2025, Hyundai plans to invest KRW 24.3 trillion, or over $16.6 billion, in its home market. This is up 19% from the previous record of KRW 20.4 trillion (about $14 billion) set in 2024.

Hyundai said the reason behind the record investment “is because it believes that continuous and stable investment is essential to overcome the crisis and secure future growth engines.” A big part of the crisis Hyundai is referring to started last month.

After President Yoon Suk Yeol declared martial law and was later impeached on December 14, South Korea plunged into a political crisis. Korean buyers are hesitant to make big purchases, which has slowed demand.

Hyundai-EVs-tech
Hyundai Casper Electric/ Inster EV models (Source: Hyundai)

Hyundai’s global sales slipped nearly 2% in 2024. Although sales outside of Korea were roughly flat, domestic sales were down 7.5%.

To boost growth in 2025, the auto giant is pouring resources to accelerate the development of new tech, EVs, and software.

Hyundai-EVs-tech
Hyundai IONIQ 5 N Line (Source: Hyundai)

Hyundai is doubling down on new EVs and tech

Hyundai said its focus this year is “on new business areas such as development of next-generation products, securing key new technologies, and accelerating electrification and SDV.”

The company will invest KRW 11.5 trillion ($7.9 billion) into R&D “to secure key future capabilities such as improving product competitiveness, electrification, SDV, hydrogen products, and development of original technologies.”

Hyundai-EVs-tech
Hyundai IONIQ 5 production at its Ulsan Plant (Source: Hyundai)

Another KRW 12 trillion ($8.2 billion) will be used to ramp up domestic EV production and improve manufacturing. Hyundai plans to continue making large-scale investments to build EV-only facilities in 2025.

Last year, Kia began production at its new Gwangmyeong EVO Plant, where it builds the new EV3. Later this year, Kia will start mass production of its PBV electric vans.

Kia-EV3
Kia EV3 (Source: Kia)

Hyundai will open its dedicated EV plant in Ulsan in the first half of 2026. The company plans to mass produce EVs, starting with an ultra-large electric SUV.

In the US, its most important market, Hyundai just opened its new $7.6 billion EV plant in Georgia. The first vehicle to roll off the assembly line was the upgraded 2025 Hyundai IONIQ 5, which now has more range, better style, and a NACS port for charging at Tesla Superchargers.

Hyundai-2025-IONIQ-5-discounts
2025 Hyundai IONIQ 5 (Source: Hyundai)

Hyundai will begin building its first three-row electric SUV, the IONIQ 9, in Georgia in Q1 2025. The larger electric SUV will be available in the US and Korea in the first half of 2025.

With several Hyundai Motor, including Kia and Genesis, EVs now eligible for the $7,500 federal tax credit, can Hyundai gain an advantage over the competition?

Hyundai is also the first company to sell its vehicles on Amazon in the US. The new 2025 IONIQ 5, IONIQ 6, and Kona Electric can now be purchased directly on Amazon’s website.

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Los Angeles is awful to get around. But this scooter made it work!

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Los Angeles is awful to get around. But this scooter made it work!

Last month, I had the chance to visit Los Angeles and attend Micromobility America, a yearly industry tradeshow focusing on e-bikes, e-scooters, and other small-format vehicles. To get around the city for a few days, I borrowed a VMAX VX2 Extreme from VMAX’s Los Angeles distribution center and it made all the difference in navigating a city that is notoriously hard to get around.

My regular readers and viewers will know I’m an e-bike first guy, but that I won’t say “no” to any form of micromobility. I’ve ridden almost everything, so you can bet that I count electric scooters in my stable, too, even if it’s predominantly comprised of e-bikes. And I must say that there’s something nice about being able to stash your scooter in the trunk of an Uber or under a train seat when necessary.

While in LA, I was excited to finally get a chance to review a VMAX scooter, since I’ve followed the company’s US expansion with interest over the last year or so. As a Swiss-based company, VMAX first found success in Europe before expanding into the US with larger and more powerful models.

The company let me borrow a VX2 Extreme electric scooter, which is a 25 mph (40 km/h) scooter that is surprisingly powerful. It doesn’t look much bigger than a dirt-cheap GoTrax or similar budget scooter, yet it is much faster and more powerful—to the tune of 1,600W of peak power.

You can see how it rides in my video review below, or keep reading for the whole story.

VMAX VX2 Extreme Video Review

Becoming a scooter guy in LA

LA is notorious for being difficult to navigate, and even if you have a car, that doesn’t mean you’ll be getting anywhere quickly. Depending on who you ask, the public transportation system is either a trainwreck or somewhat decent, though no one will tell you LA has well-developed public transit.

That’s why I knew I wanted to be able to rely as much as possible on my own independent transportation while in the city, and a scooter made sense. With the VMAX’s 25 mph top speed, I could keep up with most city traffic, yet I could still easily stow it to fit in the trunk of a rideshare car or stash it in my hotel room without drawing much notice from the front desk.

My trip started with visiting VMAX’s distribution center in downtown LA, which had me taking a 30-minute walk that was both refreshing and a great reminder of how slow it is to get around a massive metropolitan area on foot alone. Don’t get me wrong – I love walking and I also use jogging as my primary form of exercise. But a pair of shoes just isn’t a very fast or efficient transportation method in a big city.

After getting to tour VMAX’s large warehouse and see how they fulfill customer orders from all over the US (as well as get a look at several different models they offer), the team let me borrow a VX2 Extreme and sent me on my way. My next stop was an event down in Costa Mesa near Irvine, which Google Maps told me would be a 43-mile (69 km) journey from Downtown LA, and which just so happened to be the exact range of the longest range version of the VX2 Extreme scooter (it comes with three battery options of between 28-43 miles of range depending which battery size you choose).

However, those range ratings are rarely at the scooter’s maximum speed and power level, which I intended to be rocking for most of the trip. But Google Maps suggested to me that it would be an easy train ride instead, with just a couple miles of scooting to and from the train station on either end. Awesome!

I scooted on over to the train station and arrived just in time… to miss the train by two minutes. No worries, back home there’s a train every 10 minutes or so. I checked the train schedule and to my horror, the next train wasn’t scheduled for more than two hours from now. Thanks, LA.

I didn’t have that kind of time – I’ve got a micromobility conference to get to! So I had to swallow my pride and order an Uber. Fortunately the scooter folded up and fit easily in the trunk along with my travel backpack and my camera backpack. That’s not something I can normally do on my e-bikes!

Forty-something miles later, I was in Costa Mesa with time to spare, which I spent happily burned by scooting around. It was my first chance to spend more than a couple of rushed minutes riding the scooter more pleasurably to get a real feel for it. The VX2 Extreme doesn’t have suspension but still felt quite good on the city streets, even when hopping the occasional curb or speed bump.

The build is obviously quite robust, without giving me the rickety feeling I get on cheaper quality scooters. And the power is surprisingly potent. When I put the scooter in its highest power setting, known as Beast Mode, I would often accidentally wheelie it while starting, since I tend to keep my rear foot on the board and push off with my front foot. Those wheelies were fun, but I decided to mostly scoot around in one notch below the highest power mode, as that felt more reasonable for everyday riding. But it’s nice to know you’ve got more power than you need, instead of merely maxing it out 100% of the time.

As the winter sun set quickly, it gave me my first chance to check out the lighting and turn signals on the scooter. Those turn signals are actually quite bright during the day, lighting up the handlebar ends up high for better visibility, as well as motorcycle-style turn signals down low on the rear of the scooter. The rear turn signals are flexibly mounted, meaning they can bend and bounce back into position instead of breaking when they inevitably hit something.

The turn signals were weirdly impressive. You can see in the image above how the lower ones light up the road and the upper ones are quite visible by sticking out to the sides on the handlebar ends.

Normally, I deride most e-bike and e-scooter turn signals because they’re typically diminutive and unclear, mostly serving as a flashing light so close to the vehicle’s centerline that they don’t achieve their goal of actually indicating direction. But VMAX has done a great job with these, as they’re both attention-grabbing and clearly indicate that you’re about to turn—which is important when quickly riding around cars at night.

I also found the speed of the scooter to be both a blessing and a curse. I forgot that LA weather isn’t always “Santa Monica in June”, and I was absolutely freezing in my hoodie – the only garment with long sleeves that I had packed.

Flying fast at 25 mph down wide Costa Mesa roads wasn’t helping, with that airstream cooling me even further. I had to decide between going faster to get to dinner sooner at the risk of turning into an icicle along the way or slowing down to cut the windchill. Unfortunately, the battery was so large that I couldn’t use the efficiency argument to encourage me to slow down, so I just continued bombing it down to the Balboa Peninsula at 25 mph, meeting up with friends to offer freezing cold handshakes and high-fives. Dinner was great, but the ride back was even colder. I thought I might go slower climbing the hills on the way back from the coast, but the dang thing zipped up the hills fast enough to keep my fingers feeling like they were encased in ice. But hey, at least the fast speed meant I could shorten the trip as much as possible!

The next day, I scooted to the show in the morning and found that the fairgrounds where it was hosted were closed off at most entrances. I guess they do this to limit how cars can enter (and ensure everyone gets charged to park), but I was an elitist with my own right-sized transportation and not about to let things like traffic control stop me!

Some scooting across the weeds and carrying the 45 lb (21 kg) scooter over a couple barricades later, I was in! I’m not saying you should ride in places you aren’t allowed, but just that there’s an advantage to being able to take creative routes when the vehicle you drive weighs as much as your leg.

I locked up at a bike rack and made it to the show in record time, taking full advantage of the fact that micromobility vehicles often allow you to chart your own path.

That was how I got around for next two days, putting around 30 miles (50 km) on the scooter. I charged it each night at my hotel, but I never used more than 30% of the battery, so I’m not sure I really needed to charge it all.

Ultimately, the VMAX VX2 Extreme scooter proved to be an ideal way to navigate the city. I took it on many rides, both for my morning and evening commute, as well as to meet up with friends and simply scooting around for pleasure. It always offered me more than I needed, both in terms of power and range, and felt comfortable while doing it. The 10″ tubeless pneumatic tires have enough squish to give me some comfort on rougher patches and are large enough diameter to handle all the sidewalk cracks and minor potholes I threw at them.

Basically, I was pretty darn happy with it. Of course you pay more for such a well-built scooter from a Swiss company, to the tune of $899, but it seems quite fair to me. It’s a long range and incredibly powerful scooter that hides in a surprisingly portable package, easy enough for me to toss in a vehicle or carry over a chain barricade. And with the extra features like safety lighting with turn signals, the 1,600W of peak power, the easily readable 4″ color TFT screen, the weather-sealed drum brakes combined with electric motor braking, and the stable folding design, the scooter treated me better than well for my three days riding it around central and southern LA.

VMAX has other even more affordable models starting from around $400, but I’d say the VX2 Extreme is a great Goldilocks option that offers more power and range than most people need in a portable package at a fair price.

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Can Model Y refresh reignite Tesla’s growth?

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Can Model Y refresh reignite Tesla's growth?

Tesla is about to release a design refresh for Model Y, its most popular model, and it raises an important question: can it reignite Tesla’s growth?

Fortunately, we have a good recent comparison since Tesla refreshed the Model 3 last year.

Tesla doesn’t break down sales per model so we have to rely on third-party data to track Model 3 sales.

There are varying estimates, but most of them are putting Tesla Model 3 sales between 500,000 and 530,000 units in 2023 prior to the refresh.

In 2024, estimates are putting sales at roughly the same.

Tesla delivery analyst TroyTeslike has data pointing to 520,000 Model 3 deliveries in 2024. The production changeover has certainly affected sales in the first of the year, but it looks like production and deliveries peaked in Q3 as Troy has Model 3 at the same volume of about 149,000 units in Q3 and Q4.

As with all other Tesla models, the peaked delivery volumes were also achieved with record incentives and discounts in Q4.

Can Model Y refresh be different?

Model 3 refresh didn’t help the program that much. It is virtually doing the same delivery volumes it was last year, but it doesn’t necessarily mean the same will happen with Model Y.

A lot of that depends on the refresh itself.

Earlier today, we had our best look at the refresh so far, and it is similar to the Model 3 refresh in the sense that it features new headlights and taillights, although different ones than Model 3, including light bars, as well as a more aggressive front-end.

The level of exterior changes is similar to the Model 3 refresh in terms that it is significant but not massively different either.

Tesla didn’t go into too many details about “under the hood” changes with the Model 3 refresh, but it did feature an improved suspension, a quieter cabin, and a slight increase in efficiency.

We can expect similar improvements to the Model Y.

There were some changes that people saw as negative, with the main one being the new steering wheel. Model Y is still the only vehicle in Tesla’s lineup that doesn’t have a stalkless steering wheel with force touch turn signals and a gear selector on the center display.

Considering all other Tesla vehicles went that way, this is expected to change with the Model Y refresh. Personally, I didn’t have any problem adapting to the new turn signals when driving the new Model 3 and Cybertruck, but I do admit that the gear selector is annoying.

I know many Tesla fans refused to get a Tesla vehicle with steering wheel stalks.

Electrek’s Take

Based on the information we have right now, I would expect the Model Y refresh to have a similar impact as the Model 3 refresh, but we could get a surprise.

Obviously, if there were significant improvements to the range, that would make a big difference, but I would only expect small incremental improvements at best.

A bigger surprise would be Tesla bringing something like the steer-by-wire and a 48-volt architecture from Cybertruck to Model Y. You have to try it to appreciate it, but the steer-by-wire on Cybertruck is super fun.

The design update looks good, but I thought the Model 3 redesign was even sharper, and it didn’t have much of an impact. I think new features or more efficiency/range would be the most significant difference makers.

What do you think? Let us know in the comment section below.

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