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On PJM pressure, Orsted’s approval, and a carbon storage well milestone

Current conditions: Hurricane Kiko, now a Category 3 storm, is expected to bring heavy rainfall to Hawaii this week as wind speeds roar up to 125 miles per hour • Dry air in the Caribbean is stymying any tropical storm from gaining wind intensity • Tropical Storm Tapah strengthened to a typhoon over China on Monday morning.
U.S. immigration authorities arrested hundreds of South Korean workers at a Hyundai battery plant in Georgia, in a move already prompting geopolitical blowback that could threaten efforts to reestablish manufacturing in the United States. After U.S. Immigration and Customs Enforcement officers conducted their biggest workplace raid since President Donald Trump took office again on Thursday, the South Korean government chartered planes to ferry detained workers back home. At an emergency meeting in Seoul, South Korean Foreign Minister Cho Hyun said his government was “deeply concerned,” and that he would consider flying to the U.S. to meet with the Trump administration. Most of the 475 people arrested at the electric vehicle battery plant — a joint venture between automaker Hyundai and the battery company LG Energy Solution – were South Korean nationals. Videos of the arrests showed the workers’ wrists and ankles wrapped in chains as they were led away.
“You are already poorer because of this idiocy, you just don’t know it yet,” Heatmap’s Robinson Meyer wrote in a post on X, in response to a video of ICE agents chaining workers at the wrists and ankles. “This will crush American manufacturing know-how.”

Political pressure is mounting on the nation’s largest grid operator to make hooking up new power sources easier amid surging demand. In remarks made as part of a public process for overhauling the grid’s rules, the governors of Pennsylvania, New Jersey, Maryland, and Illinois called on the PJM Interconnection to streamline the process to connect new resources to the grid, citing ERCOT, the independent power system in Texas, as an example of a successful model. “We must open all feasible pathways to bring additional electrons to our grid,” the governors said in a public comment highlighted on X by energy researcher Tyler Norris.
The push comes as PJM is fending off criticism from big tech companies and data centers over a proposal that would allow the grid to encourage big power users to pare back consumption when demand is particularly high. The backlash isn’t surprising to Abraham Silverman, a former lawyer for the New Jersey Board of Public Utilities and an assistant research scholar at Johns Hopkins. As he explained to Heatmap’s Matthew Zeitlin: “The existing rules are financially very favorable to the data centers.” The focus on adding new generation rather than curtailing new load is consistent with that more traditional approach.
Trump once called the Infrastructure Investment and Jobs Act former President Joe Biden signed in 2021, better known as the Bipartisan Infrastructure Law, “a loser for the U.S.A.” that “patriots will never forget.” Now he’s taking credit for the projects it’s funding. In recent months, signs have gone up around the U.S. bearing the president’s name on bridge projects in Connecticut and Maryland, rail-yard improvements in Seattle, Boston, and Philadelphia, and the replacement tunnel on an Amtrak route between Baltimore and Washington, according to The New York Times. “PRESIDENT DONALD J. TRUMP” a sign by the road in southern Connecticut reads. “REBUILDING AMERICA’S INFRASTRUCTURE.”
Republicans had previously balked at similar signs bearing Biden’s name. As Heatmap’s Emily Pontecorvo wrote, “Senator Ted Cruz of Texas lodged a grievance with the Office of Special Counsel alleging Biden had violated the Hatch Act by using taxpayer dollars to pay for ‘nothing more than campaign yard signs.’” Republican Senator Joni Ernst of Iowa (who recently announced her intention not to seek reelection after becoming a target of Trump supporters) gave the signs one of her monthly “squeal awards” last year, demanding to know how much they cost.
Orsted’s shareholders on Friday backed the company’s plans to shore up its finances by raising $9.4 billion on the stock market to fend off attacks from the Trump administration. The approval came even as the world’s largest offshore wind developer cut its profit guidance for the year as lower-than-expected wind speeds dinged the company’s planned power output for the year. At an investor meeting in Copenhagen that the Financial Times described as “extraordinary,” at least 98.5% of shareholders voted in favor of authorizing the issuance of new shares.
The Sweetwater Carbon Storage Hub completed drilling for the nation’s deepest carbon storage well in Wyoming. The project, a collaboration between the University of Wyoming’s School of Energy Resources and the company Frontier Infrastructure holdings, reached a vertical depth of 18,437 feet. Preliminary data from the well “is highly encouraging,” according to the nonprofit newsroom Oil City News. “This deeper well gives us a more complete picture of the subsurface, reinforcing our commitment to building scalable, practical carbon solutions for Wyoming’s key industries,” said Robby Rockey, president and co-CEO of Frontier.
Still, as I reported in this newsletter last week, the new research from the International Institute for Applied Systems Analysis and Imperial College London found “a prudent global limit” of around 1.46 trillion tons of CO2 that can be safely stored in geologic formations. That’s “almost 10 times smaller than estimates proposed by industry that have not considered risks to people and the environment.”
A long-term study spanning more than 50 years found that beavers that have returned to the Evo region in southern Finland increased habitat biodiversity as a result of how they engineer the ecosystem with dams. “While the positive effects of the changes brought about by beavers in the boreal region are significant, their long-term effects on biodiversity dynamics remain partly unknown. This is why long time series are needed to understand the far-reaching ecological effects of these changes,” Petri Nummi, a senior lecturer at the University of Helsinki and an author of the paper, said in a press release.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.