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On Trump’s metal nationalization spree, Tesla’s big pitch, and fusion’s challenges

Current conditions: King tides are raising ocean levels near Charleston, South Carolina, as much as eight feet above low water averages • A blizzard on Mount Everest has trapped hundreds of hikers and killed at least one • A depression that could form into Tropical Storm Jerry is strengthening in the Atlantic as it barrels northward with an unclear path.
Solar and wind outpaced the growth of global electricity demand in the first half of 2025, vaulting renewables toward overtaking coal worldwide for the first time on record, according to analysis published Tuesday by the research outfit Ember. This year’s growth resulted in a small overall decline in both coal and gas-fired power generation, with India and China seeing the most notable reductions, despite the United States and Europe ratcheting up fossil fuel usage. “We are seeing the first signs of a crucial turning point,” Malgorzata Wiatros-Motyka, a senior electricity analyst at Ember, said in a statement. “Solar and wind are now growing fast enough to meet the world’s growing appetite for electricity. This marks the beginning of a shift where clean power is keeping pace with demand growth.”

That growth is projected to continue. Later on Tuesday morning, the International Energy Agency released its own report forecasting that renewable capacity will double over the next five years. Solar is predicted to make up 80% of that growth. But, factoring in the Trump administration’s policies, the forecast roughly cut in half previous projections for U.S. growth. Domestic opposition to renewables runs beyond the White House, too. Exclusive data gathered by Heatmap Pro and published in July showed that a fifth of U.S. counties now restrict development of renewables.
President Donald Trump signed an executive order Monday directing federal agencies to push forward with a controversial 211-mile mining road in Alaska designed to facilitate production of copper, zinc, gallium, and other critical minerals. The project, which the Biden administration halted last year over concerns for permafrost in the fast-warming region, has been at the center of a decadeslong legal battle. As part of the deal, the U.S. government will invest $35.6 million in Alaska’s Ambler Mining District, including taking a 10% stake in the main developer, Trilogy Metals, that includes warrants to buy an additional 7.5% of the company. The road itself will be jointly owned by the state, the federal government, and Alaska Native villages. “It’s a very, very big deal from the standpoint of minerals and energy,” Trump said in the Oval Office.
It’s just the latest stake the Trump administration has taken in a mineral company. In July, the Department of Defense became the largest shareholder of MP Materials, the company producing rare earths in the U.S. at its Mountain Pass mine in California. The move, The Economist noted at the time, marked the biggest American experiment in direct government ownership since the nationalization of the railroads in World War I. Last week, the Department of Energy renegotiated a loan to Lithium Americas’ Thacker Pass project in Nevada to take a stake in what’s set to become the largest lithium mine in the Western Hemisphere when it comes online in the next few years. The White House’s mineral shopping spree isn’t over. On Friday, Reuters reported that the administration is considering buying shares in Critical Metals, the company looking to develop rare earths production in Greenland. In response to the news, shares in the Nasdaq-traded miner surged 62% on Monday. Partial nationalization isn’t the only approach the administration is taking to challenging China’s grip over global mineral supplies. Last month, as I reported for Heatmap, the Defense Logistics Agency awarded money to Xerion, an Ohio startup devising a novel way to process cobalt and gallium.
Tesla looks poised to unveil a cheaper, stripped-down version of its Model Y as early as today. In one of two short videos posted to CEO Elon Musk’s X social media site, the electric automaker showed the midsize SUV’s signature lights beaming through the dark. The design matches what InsideEVs noted were likely images of the prototype spotted on a test drive in Texas. The second teaser video showed what appears to be a fast-spinning, Tesla-branded fan. “Your guess is as good as ours as to what will be revealed,” InsideEVs’ Andrei Nedelea wrote Monday. “Our money is on the Roadster or a new vacuum cleaner design to take on Dyson.”
The new products come amid an historic slump for Tesla. As Heatmap’s Matthew Zeitlin reported, the company’s share of the U.S. electric vehicle sales sank to their lowest-ever level in August despite the surge in purchases as Americans rushed to use the federal tax credits before they expired thanks to Trump’s landmark One Big Beautiful Bill Act law. Yet Musk has managed to steer the automaker’s financial fate through an attention-grabbing maneuver. Last month, the world’s richest man bought $1 billion in Tesla shares in a show of self confidence that managed to rebound the company’s stock price. But Andrew Moseman argued in Heatmap that “the bullish stock market performance is divorced not only from the reality of the company’s electric car sales, but also from, well, everything else that’s happened lately.”
On Monday, Trump warned that medium and heavy-duty trucks imported to the U.S. will face a 25% tariff starting on November 1. The president announced the trade levies in a post on Truth Social on the eve of a White House visit by Canadian Prime Minister Mark Carney, whose country would feel the pinch of tariffs on imported trucks. As the Financial Times noted, Trump had threatened to impose 25% tariffs on some trucks in late September but “failed to implement them, raising questions about his commitment to the policy.”
Fusion startups make a lot of bold claims about how soon a technology long dismissed as the energy source of tomorrow will be able to produce commercial electrons. Though investors are betting that, as Heatmap’s Katie Brigham wrote last year, “it is finally, possibly, almost time for fusion,” a new report from the University of Pennsylvania’s Kleinman Center for Energy Policy shows that supply chain challenges threaten to hold back the nascent industry even if it can bring laboratory breakthroughs to market. Tritium, one of two main fusion fuels, has a half life of just 12.3 years, meaning it does not exist in significant quantities in nature. Today, tritium is primarily produced by 30 pressurized heavy water fission reactors globally, but only at a total of 4 kilograms per year. As a result, “tritium availability could throttle fusion development,” the report found. That’s not the only bottleneck. “The fusion industry will require specialized components that don’t yet have well-established supply chains, like superconducting cables and the aforementioned advanced materials, and shortages of these components would delay development and inflate costs.”
Scientists mapped the RNA — the molecules that carry out DNA’s instructions — of wheat and, for the first time, identified when certain genes are active. The discovery promises to accelerate plant breeders’ efforts to develop more resilient varieties of the world’s most widely cultivated crop that use less fertilizer, resist higher temperatures, and survive with less water as the climate changes. “We discovered how groups of genes work together as regulatory networks to control gene expression,” Rachel Rusholme-Pilcher, the study’s lead author and a researcher at Britain’s Earlham Institute, said in a statement. “Our research allowed us to look at how these network connections differ between wheat varieties, revealing new sources of genetic diversity that could be critical in boosting the resilience of wheat.”
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The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.