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On Eli Lilly’s nuclear, Sunrise Wind, and Brazil’s minerals

Current conditions: Temperatures in the Northeast are swinging from last week’s record 90 degrees Fahrenheit to a cold snap with the risk of freezing • After a sunny weekend, the United States’ southernmost capital — Pago Pago, American Samoa — is facing a week of roaring thunderstorms • It’s nearing 100 degrees in Bangui as the Central African Republic’s capital and largest city braces for another day of intense storms.
The price of crude spiked nearly 7% in pre-market trading Sunday after the fragile ceasefire between Iran and the U.S.-Israeli alliance. Things had been looking up on Friday, when President Donald Trump announced what appeared to be a breakthrough in talks with Tehran in a post on Truth Social, saying Iran would “fully reopen” the Strait of Hormuz. By Sunday, however, the U.S. commander in chief was accusing Tehran of firing bullets at French and British vessels in the waterway in “a total violation of our ceasefire agreement,” adding: “That wasn’t nice, was it?” On Sunday afternoon, Trump posted again to announce that the U.S. had seized an Iranian-flagged cargo ship attempting to traverse the strait. The prolonged conflict will only harden the historic rupture the severe contraction of oil and gas supply to the global market in modern history has triggered in global energy planning. “As happened with Russia’s war against Ukraine, the consequences of the Hormuz closure cannot simply be undone. That leaves countries — especially poorer countries dependent on fossil fuel imports — with a stark choice about how to fuel their future economic growth,” Heatmap’s Matthew Zeitlin wrote last week. “The crisis may have tipped the balance towards renewable and storage technology from China over oil and natural gas from the Persian Gulf, Russia, or the United States.”
While the surge in gasoline costs “likely peaked,” Secretary of Energy Chris Wright warned that the price at the pump could remain above $3 a gallon until 2027 during an interview with CNN’s Jake Tapper on Sunday.
The Trump administration pitched its deal to pay TotalEnergies nearly $1 billion to cancel the company’s offshore wind leases as a win-win: The government would reimburse the French energy giant for every penny it spent to acquire the leases, and in exchange, Total would “redirect” the money to U.S. oil and gas development. But new document released Friday and analyzed by Heatmap’s Emily Pontecorvo show that “Americans’ side of the bargain appears to be worthless” given that “Total did not have to make any new investments to get its check.” Indeed, the company was already planning investments in the U.S. that would likely qualify under the deal.
Offshore wind investments are, meanwhile, moving forward. Danish developer Orsted has installed the first wind turbine at its Sunrise Wind project off the coast of New York, offshoreWIND.biz reported. The turbine is the first of what’s expected to be 84 turbines totaling nearly a gigawatt of maximum capacity. It comes just weeks after Wind Scylla, the Cadeler-owned vessel specially designed to deploy turbines, completed work on Revolution Wind, Orsted’s flagship first project off the coast of Rhode Island. That the project is moving ahead as normal is a victory unto itself. The Trump administration pulled out every stop to halt construction of all offshore wind projects.
The Supreme Court ruled Friday that energy companies facing lawsuits over environmental damage to the Louisiana waterfront from oil and gas production can move those cases from state to federal court, where more favorable outcomes are expected. In a unanimous decision in favor of Chevron, Justice Clarence Thomas wrote that “Congress has long authorized” the transfer from state to federal courts. The New York Times described the ruling as “a significant victory for oil companies.”
The decision comes two months after the Supreme Court agreed to hear Suncor Energy Inc. v. County Commissioners of Boulder County, which concerns jurisdiction for “public nuisance” claims. It’s still awaiting a hearing date. But the litigation, which dates back to 2018, came when the city and county of Boulder, Colorado, sued the oil giants Exxon Mobil and Suncor for damages from climate change, bringing charges under state law. “The oil companies tried repeatedly to get the case dismissed, arguing that it belonged in federal court. But time and again, the courts disagreed. The Supreme Court already rejected an earlier petition to review the question of whether the case belonged in state or federal court in 2023,” Emily wrote in February. “Now it has agreed to consider a slightly different petition, filed last summer, over whether federal law preempts Boulder’s state-law claims.”
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Pharmaceutical giant Eli Lilly has agreed to work with the state of Indiana to build out “a future pathway for nuclear energy solutions” including “small modular reactors and other advanced nuclear technologies.” The drugmaker behind antidepressant Prozac and erectile dysfunction treatment Cialis signed a letter of intent with the state last month. The deal, first reported by Axios on Friday, marks the latest example of a big corporate power user laying out plans for atomic energy investments for something other than data centers. In 2022, the steelmaker Nucor signed a deal with nuclear developer NuScale to explore building a small modular reactor near one of its electric arc furnaces, and last year forged an alliance with The Nuclear Company to consider backing the startup’s efforts to establish a supply chain for building fleets of reactors. In 2023, Dow Chemical inked a deal with X-energy to use the next-generation nuclear developer’s high-temperature gas-cooled reactors to potentially swap out fossil fuels for splitting atoms as its industrial heat source.
Not all is looking rosy for the nuclear industry. Fermi America, the startup led by former Texas Governor Rick Perry and which promised to build a giant data enter complex backed by, isn’t just “faltering, it’s imploding,” according to a report by independent energy journalist Robert Bryce. But other projects are advancing. On Friday, the next-generation reactor startup Kairos Power broke ground on its demonstration project in Oak Ridge, Tennessee. Then, on Saturday, Bloomberg reported The Nuclear Company was moving forward with a bid to finish construction of either South Carolina's abandoned V.C. Summer nuclear plant or one of two other potential locations in the state.

Brazil is racing to develop its critical minerals as the U.S. looks for new sources in the hemisphere that can help Washington loosen China’s grip over the metals. Just how to regulate the nascent industry is a hot topic in Brazilian politics right now. Lawmakers who back left-wing President Luiz Inácio Lula da Silva are pushing to form a state-owned mining company. In a Sunday post on X, Lula boasted that Brazil “already holds the world’s largest reserve of niobium, the second largest of graphite and rare earths, and the third largest of nickel” — and “only 30% of the mineral potential” is mapped out as of yet. Following the lead of mineral-rich countries in Asia and Africa, Brazil said it would look to make deals for processing and refining. “We will not repeat the role of mere exporters of mineral commodities,” Lula wrote. “We are open to international partnerships that include stages of higher value added and technology transfer.”
That could be an opening for deals with China, which dominates the processing industry. Countries such as Indonesia and Zimbabwe banned exports of raw ore in a bid to capture more of the industrial supply chain. “There are a lot of countries that want something like this right now,” Tim Puko, a minerals analyst at the Eurasia Group, told me on X. “Brazil is one of the few with a good chance of pulling it off.”
Japan may be facing record gas prices as the Iran War squeezed shipments of liquified natural gas. But it’s got some backup coming onto the grid from two sources of clean firm power. Unit 6 of the Tokyo Electric Power Company’s Kashiwazaki-Kariwa nuclear power plant, a 1,356-megawatt Advanced Boiling Water Reactor shut down after Fukushima, has resumed commercial operation, World Nuclear News reported. Furusato Thermal Power has announced that the roughly 5-megawatt Waita No. 2 geothermal power plant, located in Kumamoto Prefecture, Japan, has officially started commercial operations, just two years after construction started, ThinkGeoEnergy reported.
Editor's note: This article was updated after publication to include other sites The Nuclear Company is considering in South Carolina.
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Roads bring people, and people start fires.
The United States has more roads than you could possibly imagine. Eighty-three percent of the land in the Lower 48 lies within one kilometer of a road; if you’re seeking isolation, the furthest you can get away from one is likely only about 25 miles, in a far-flung corner of Yellowstone National Park.
The Trump administration wants to build even more. Earlier this week, the U.S. Department of Agriculture filed to rescind the nearly quarter-century-old Roadless Area Conservation Rule, which protects about 45 million acres of pristine national forest lands from the construction of — and dissection by — new permanent roads. The USDA’s given reason? That new roads will provide the access forest managers and fire practitioners need to better prevent wildfires in the nation’s most remote locations.
Fire ecologists immediately cried foul. Researchers have long understood that roads enable wildfire ignitions by bringing people — who are responsible for starting nearly 85% of fires — into the landscapes. Just this past January, new research found that wildfires ignited four times more often within 50 meters of a road than in an untracked, intact forest. “The notion that you can prevent fires by building roads seems to me precisely backwards when you look at what the science says,” Ben Goldfarb, the author of the road ecology book Crossings, told me.
But this past spring, Americans got a good idea of what wildfires look like when there aren’t roads around. Lightning storms in Northern Ontario ignited fires in an area so remote that officials found it “impossible to get firefighters on the ground” to fight them, per The New York Times, or even to react early with airplane water tankers. The result? More than 1.8 million acres burned in the province so far this year, with the resulting smoke causing the Midwestern U.S. and New England to experience some of its worst air pollution in decades.
“There’s a duality — roads are neither necessarily good nor bad from a fire perspective,” Eric Kennedy, an associate professor of disaster and emergency management at York University, told me. “They bring opportunities for ignition and they bring opportunities for firefighting.” Those opportunities include the aforementioned access for fire personnel, as well as serving as a fuel break so crews can gain a foothold against an approaching conflagration. In a populated area, more roads can also mean more evacuation routes when there is a disaster, preventing potentially deadly traffic jams.
Forest defenders were already suspicious of the administration’s motivations when it comes to wildfire policy. “There’s all of the Trump administration directives to increase logging on public lands, which rescinding the Roadless Rule helps to facilitate,” Goldfarb noted. Environmental groups have pointed to attempted legislation such as the Fix Our Forests Act, which removes obstacles for forest management methods, including timber harvest, as another example of how the administration is allegedly using wildfire as a cover to cut down and sell more trees.
Viewed in the context of recent changes by the administration to weaken the Endangered Species Act — namely, narrowing the definition of “harm” to a species to exclude disturbances to its habitat — rescinding the Roadless Rule can appear to follow a kind of rapacious internal logic that “wildlife doesn’t need habitat, and we can build roads wherever we want to disrupt” the forest, Goldfarb went on.
Fires igniting in remote areas is also not a new problem. Agencies adapt to the fire conditions in their areas, such as Quebec, which has an entire apparatus for fighting fires in tractless wilderness, including shuttling in fire crews via float plane. “You can fight fires via helicopter. You can also build temporary roads under the Roadless Rule,” Goldfarb said. As one Montana-based National Forest manager of 25 years recently wrote for a local newspaper, in his experience, “the Roadless Rule doesn’t pose an insurmountable barrier to good land management; it simply requires baseline analysis and thought before impacting the landscape.”
Those who are cynical about the Trump administration’s motivations also pointed me toward the grandiose scale of the Roadless Rule rescission. Fire managers frequently talk about the need for tailored, local, and precise responses to America’s wildfires, which run the gamut from grass fires to chaparral fires to forest fires in regions that both do and do not have histories of regular burning. Policymakers would more appropriately approach wildfire management fireshed by fireshed, they say, and through proposed management plans. Perhaps most notably, the Roadless Rule protects about half of the nearly 17 million acres of the Tongass National Forest, a temperate rainforest and one of the wettest locations in North America, which “does not experience wildfires like those in other places,” the Alaskan environmental conservation group SalmonState wrote in a statement with other advocates and business groups.
Most cynical, though, is the argument that the Trump administration is proposing rescinding the Roadless Rule at the same time that it has gutted the Forest Service that is supposed to maintain all those roads. The agency already struggles with an overwhelming backlog of maintenance projects, from washed-out bridges to erosion problems that impact the water quality in drought-stressed areas. If the USDA were really interested in using roads to combat wildfires, the line of thinking goes, then it would be investing more in the Forest Service, people told me, not less.
“The wildfire challenge really calls upon us to be able to hold different dimensions and different layers and seemingly contradictory ideas at the same time,” Kennedy said, again emphasizing that one can make the case that roads have benefits in certain contexts and scenarios. But while there may be a valid line of debate about when, where, and how roads can help with wildfire management, using the cudgel of a rescission, it doesn’t appear to be one the administration is interested in having.
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.”