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On hydropower, South Korean nuclear, and grid problems

Current conditions: The fast-moving Palos Fire blazed through 17 acres in Los Angeles’ La Habra Heights, injuring two • Heavy rain in São Paulo collapsed a dilapidated building, killing six • The heat index in the Mississippi Valley is topping 110 degrees Fahrenheit.
Two weeks after accusing data center opponents of wanting “to end up being backwards and poor,” President Donald Trump has landed on a new defense of the artificial intelligence buildout. It’s a lot like his old one for abdicating on the federal government’s responsibility to deal with climate-changing emissions. Essentially, it boils down to: My critics are making it all up. “It’s a hoax,” Trump told Nvidia CEO Jensen Huang during the five-minute call the executive put on speaker on stage at a conference Monday in Los Angeles. “The robots are not going to be taking over the world. That’s not going to happen.” He later posted on his Truth Social platform: “The AI Hoax being perpetrated by the Radical Left Dumocrats is reminiscent of their Global Warming Scam of not so long ago, where everyone was going to die from extreme heat. What happened? MAKE AMERICA GREAT AGAIN!!!” Three-quarters of Americans are now opposed to data centers in their backyards, according to Heatmap Pro’s poll from last month. But Trump has recently bucked with some populist positions on technology that have cross-partisan appeal. While law-and-order Republicans in red states are now turning against the Flock cameras that watch for petty crime, Trump defended the technology in a recent Air Force One chat with reporters. “Trump deserves more respect for his anti-slopulist instincts,” Peter Meijer, a former Republican member of Congress who voted to impeach Trump during his previous administration, wrote in a post on X.
Nvidia’s emissions, meanwhile, appear to be soaring. A new Greenpeace analysis of Nvidia’s own climate reports by the pro-renewables analyst Ketan Joshi found that emissions relating to the supply chain for chip manufacturing soared by 725% since 2020, adding nearly 10 million metric tons of carbon dioxide to the atmosphere.

You wouldn’t believe some of the conditions I have heard placed on owners of hydroelectric dams seeking to relicense major clean power projects. There are obvious demands from regulators for things like new infrastructure to help migrating fish pass down a river. Then there are the less obvious, such as building an amphitheater for Boy Scouts or paving new roads far from a dam or its water source. In what the trade group called a first-of-its-kind analysis, the National Hydropower Association reviewed more than 5,000 mandatory conditions across 4,819 licensing documents filed between 1980 and 2026 in 46 states. Dam owners would need to agree to the legally binding requirements, imposed by either state or federal agencies, before a final operating license could be issued. Compared to earlier licenses, hydropower plants today “carry roughly 10 times as many mandatory conditions,” the trade association wrote in its report. “To make matters worse, many conditions are unrelated to energy production and are essentially ‘wish list’ items that hydropower producers are asked to fund, ranging from road construction unrelated to the projects to building fish passage far beyond where the fish actually are (or even could be),” the organization said. Over the next decade, 348 hydropower permits representing 12 gigawatts of capacity are due for relicensing. Many of those facilities are small, and the trend recently has been for companies to simply surrender their licenses and close up shop rather than make costly renovations.
“I urge anyone who cares about reliable, affordable power to read this groundbreaking study,” Malcolm Woolf, NHA’s top executive, said in a statement. “Hydropower, a superhero of the grid and an American icon of energy production, is at great risk due to a broken regulatory framework. Relicensing an existing hydropower facility often takes decades and costs millions of dollars. If these facilities go away, so does the affordable power they produce, the good jobs they create, and the critical infrastructure and ecosystem care they provide.”
Back in May, I told you that South Korea — arguably the most competent builder of atomic power reactors in the democratic world — was “coming to America’s nuclear rescue.” Last week, we discussed the possibility of Seoul’s state-owned nuclear company building reactors in the U.S. as part of a trade pact with the Trump administration. Now we have a clearer picture of where those negotiations may be going. On Tuesday, The Korea Economic Daily reported that South Korea is seeking a roughly 15% stake in Westinghouse, the maker of America’s flagship nuclear reactor, and a seat on its board as part of any deal with Washington. The move, the newspaper noted, is designed to “turn a U.S. request for Korean capital into a strategic foothold in America’s nuclear buildouts.” Ownership by one of America’s closest East Asian allies would be nothing new for Westinghouse, which was owned in the mid 2000s by the Japanese industrial giant Toshiba. Today Westinghouse is a privately held joint venture between the publicly traded investment behemoth Brookfield Asset Management and the Canadian uranium miner Cameco, but the company filed confidential paperwork to the Securities and Exchange Commission in July as a first step toward going public on the stock market.
The market only appears to be expanding. Global nuclear capacity could more than triple by 2060, according to this week’s latest forecast from the International Atomic Energy Agency, the United Nations affiliate that oversees nuclear technologies worldwide.
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Spend a few minutes scrolling through a comedy fan’s TikTok stream and you’ll find skits playing to the same memetic trope, an anthropomorphized caricature of an incompetent, mistake-prone AI agent guzzling and spilling lots of water. It’s no wonder the joke has already become hack. More than three-quarters of Americans are at least somewhat concerned about the environmental impact of AI, and half are extremely or very concerned, according to data from the latest annual poll from the University of Chicago’s Energy Policy Institute and the AP-NORC Center for Public Affairs Research. In every case, self-identified Democrats are more concerned about environmental issues than Republicans. While 40% of Democrats expressed concern over the environmental impacts of cryptocurrency, just 18% of Republicans said the same. With meat, the ration is 42% to 21%. With air travel, it's Democrats at 38% and Republicans at 17%. But interests converge slightly more on data centers, with 65% of Democrats and 42% Republicans extremely or very concerned about the environmental impacts of AI.
In theory, the late 20th century liberalization of America’s electricity markets should have put a premium on transmission companies building new arteries in the system. In practice, the high cost and grave risk of taking on dozens, sometimes droves, of landowners for right of way to build a power line that stretches hundreds of miles across multiple regional grids makes the task almost impossible, particularly in markets where a power company can’t offset the cost of new lines with other sources of revenue such as generation or power sales. A new report by the Center for Public Enterprise has concluded that “only the federal government can intervene to sew together this national macrogrid by bridging the jurisdictional divides between utilities and regions, instituting planning pipelines with access to finance and cost recovery, and fixing interconnection procedures.” As of yet, that looks unlikely beyond the increased focus on regional planning under the Federal Energy Regulatory Commission’s Order 1920. The rule is facing legal challenges that aren’t expected to be resolved until next year, according to Ari Peskoe, director of Harvard Law School’s Electricity Law Initiative.
When I visited Commonwealth Fusion Systems’ headquarters in Massachusetts earlier this summer, I saw how much progress the company had made toward building what could be the world’s first power-producing fusion reactor, called SPARC. To work, the interior of the torus-shaped, doughnut-like reactor needs to be very cold so magnets can pick up on the contrast in temperatures with the extremely hot plasma fusing together. That’s where the cryogenics come in. The facility’s cryogenics equipment is now up and running, the company said on Wednesday, marking yet another milestone toward next year’s anticipated start up. “That temperature, a few degrees above absolute zero, is what’ll enable our magnets to bottle up a superhot cloud of charged particles called a plasma so fusion can occur,” Adam Weiner, the director of cryogenics at Commonwealth Fusion Systems, said in a statement.
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Current conditions: A summer-like heat wave is driving up temperatures in Los Angeles past 100 degrees Fahrenheit • Hurricane Nolo is transitioning into Typhoon Nolo as it shifts into the western Pacific with winds of up to130 miles per hour • Hurricane Rachel is moving toward Mexico, stirring danger swells in Baja California.
The United States Supreme Court is starting its new nine-month term today hearing arguments in a major case from Exxon Mobil and Suncor Energy attempting to thwart a lawsuit by the city of Boulder, Colorado, seeking damages for the effects of climate change. SCOTUSblog called the litigation “one of biggest cases” of the next year, and “certainly one of the most significant business cases.” The conclusion of the case could scuttle dozens of similar lawsuits pending across the country. My colleague Emily Pontecorvo wrote earlier this year that the case has been winding up through the courts since 2018.
Meanwhile, 21 states and four cities united to sue the Trump administration last week over the Environmental Protection Agency’s repeal of all limits on greenhouse gas pollution from power plants. “This administration’s insistence on giving the nation’s biggest polluters a free pass will set our country back decades in the fight against climate change,” Letitia James, the attorney general of New York, told The New York Times. “Dismantling these protections is a betrayal of American families.”

In 2019, Luiz Inácio Lula da Silva, the once and future president of Brazil, emerged from prison and two years later, won back the nation’s top job from right-wing hardliner Jair Bolsonaro. Now Bolsonaro is in prison, and his son, Flávio Bolsonaro, is vying against the Brazilian leader commonly known as Lula for the country’s presidency. The candidates led the first round of voting, which finished Sunday, and will advance to the next round of voting on October 25, according to a tally on Folha de S.Paulo, the nation’s leading newspaper.
Under Lula’s reign, Brazil conserved an area of rainforest roughly the size of the state of New Jersey, all while ramping up oil production. Bolsonaro the younger threatens a return to his father’s policies of ramping up development in the Amazon and other wildernesses. “This is really bad for the Amazon — its Indigenous land defenders, its ecology. We’re getting close to the whole rainforest tipping into a savannah equilibrium; brutal for climate,” Daniel Aldana Cohen, an assistant professor at the University of California at Berkeley who has studied Brazilian climate politics, wrote on X. “These are years of incredibly high-stakes struggle between life & fascism.”
The price of Brent crude shot up to nearly $103 per barrel Sunday after Yemen’s Houthi rebels claimed to have attacked an Aramco refinery in the Saudi capital of Riyadh. In a statement posted Saturday on X, Houthi military spokesman Yahya Saree said the Iran-backed militants had launched “ballistic missiles and drones” at two facilities owned by the Saudi state oil company. Later on Saturday, Al Jazeera reported that the Saudi-led coalition supporting Yemen’s internationally recognized government had called the Houthi claims “misleading,” instead noting that the Houthis had suffered 97 “precise targeting operations” over the weekend.
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The Department of Energy is expected to announce a roughly $4 billion loan package to utility Vistra Corp. later today during Secretary of Energy Chris Wright’s visit to the Perry nuclear complex northeast of Cleveland that will fund upgrades to three of its nuclear stations. That’s according to reports in Bloomberg and Reuters. The package will fund upgrades at Vistra’s plants in Ohio and Pennsylvania.
It’s the latest attempt by the Energy Department to prop up the nuclear industry. In June, the Trump administration made what my colleague Robinson Meyer called its “big nuclear play,” providing nearly $20 billion in loans to joint ventures between the nation’s flagship reactor developer Westinghouse and utilities seeking to build the next AP1000s. South Korea, meanwhile, agreed last week to help build six AP1000s and two of the country’s own APR1400s, which Westinghouse has previously accused the state-owned Korea Hydro & Nuclear Power of ripping off from the leading American design.
International shipping giant FedEx has placed a record-setting order for 2,000 all-electric box trucks from the American startup Harbinger Motors, in a deal that — while reportedly worth more than $300 million — could save the company nearly three times as much in diesel costs, according to Electrek. As my colleague Matthew Zeitlin wrote recently, now is the worst time for diesel prices to surge.
When Rob caught up with Harbinger’s co-founder on our Shift Key podcast last year, the entrepreneur was largely discussing how tariffs had shifted the company’s manufacturing policy. But the Trump administration policy now making the bigger difference may be the effects of the war on diesel prices.
America’s favorite instant coffeemaker may be ready to put an end to its pod pollution. Keurig Dr. Pepper has launched AltaRounds, a new way of brewing coffee that the company says will slash waste by creating one-cup portions made from compressed coffee wrapped in a coating derived from seaweed instead of plastic, Bloomberg reported. AltaRounds can be disposed of like coffee grounds and can be composed at home. But using them will require buying a new kind of machine.
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."