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On the solar siege, New York’s climate law, and radioactive data center

Current conditions: A rain storm set to dump 2 inches of rain across Alabama, Tennessee, Georgia, and the Carolinas will quench drought-parched woodlands, tempering mounting wildfire risk • The soil on New Zealand’s North Island is facing what the national forecast called a “significant moisture deficit” after a prolonged drought • Temperatures in Odessa, Texas, are as much as 20 degrees Fahrenheit hotter than average.
For all its willingness to share in the hype around as-yet-unbuilt small modular reactors and microreactors, the Trump administration has long endorsed what I like to call reactor realism. By that, I mean it embraces the need to keep building more of the same kind of large-scale pressurized water reactors we know how to construct and operate while supporting the development and deployment of new technologies. In his flurry of executive orders on nuclear power last May, President Donald Trump directed the Department of Energy to “prioritize work with the nuclear energy industry to facilitate” 5 gigawatts of power uprates to existing reactors “and have 10 new large reactors with complete designs under construction by 2030.” The record $26 billion loan the agency’s in-house lender — the Loan Programs Office, recently renamed the Office of Energy Dominance Financing — gave to Southern Company this week to cover uprates will fulfill the first part of the order. Now the second part is getting real. In a scoop on Thursday, Heatmap’s Robinson Meyer reported that the Energy Department has started taking meetings with utilities and developers of what he said “would almost certainly be AP1000s, a third-generation reactor produced by Westinghouse capable of producing up to 1.1 gigawatts of electricity per unit.”
Reactor realism includes keeping existing plants running, so notch this as yet more progress: Diablo Canyon, the last nuclear station left in California, just cleared the final state permitting hurdle to staying open until 2030, and possibly longer. The Central Coast Water Board voted unanimously on Thursday to give the state’s last nuclear plant a discharge permit and water quality certification. In a post on LinkedIn, Paris Ortiz-Wines, a pro-nuclear campaigner who helped pass a 2022 law that averted the planned 2025 closure of Diablo Canyon, said “70% of public comments were in full support — from Central Valley agricultural associations, the local Chamber of Commerce, Dignity Health, the IBEW union, district supervisors, marine meteorologists, and local pro-nuclear organizations.” Starting in 2021, she said, she attended every hearing on the bill that saved the plant. “Back then, I knew every single pro-nuclear voice testifying,” she wrote. “Now? I’m meeting new ones every hearing.”
It was the best of times, it was the worst of times. It was a year of record solar deployments, it was a year of canceled solar megaprojects, choked-off permits, and desperate industry pleas to Congress for help. But the solar industry’s political clouds may be parting. The Department of the Interior is reviewing at least 20 commercial-scale projects that E&E News reported had “languished in the permitting pipeline” since Trump returned to office. “That includes a package of six utility-scale projects given the green light Friday by Interior Secretary Doug Burgum to resume active reviews, such as the massive Esmeralda Energy Center in Nevada,” the newswire reported, citing three anonymous career officials at the agency.
Heatmap’s Jael Holzman broke the news that the project, also known as Esmeralda 7, had been canceled in October. At the time, NextEra, one of the project’s developers, told her that it was “committed to pursuing our project’s comprehensive environmental analysis by working closely with the Bureau of Land Management.” That persistence has apparently paid off. In a post on X linking to the article, Morgan Lyons, the senior spokesperson at the Solar Energy Industries Association, called the change “quite a tone shift” with the eyes emoji. GOP voters overwhelmingly support solar power, a recent poll commissioned by the panel manufacturer First Solar found. The MAGA coalition has some increasingly prominent fans. As I have covered in the newsletter, Katie Miller, the right-wing influencer and wife of Trump consigliere Stephen Miller, has become a vocal proponent of competing with China on solar and batteries.
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MP Materials operates the only active rare earths mine in the United States at California’s Mountain Pass. Now the company, of which the federal government became the largest shareholder in a landmark deal Trump brokered earlier this year, is planning a move downstream in the rare earths pipeline. As part of its partnership with the Department of Defense, MP Materials plans to invest more than $1 billion into a manufacturing campus in Northlake, Texas, dedicated to making the rare earth magnets needed for modern military hardware and electric vehicles. Dubbed 10X, the campus is expected to come online in 2028, according to The Wall Street Journal.
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New York’s rural-urban divide already maps onto energy politics as tensions mount between the places with enough land to build solar and wind farms and the metropolis with rising demand for power from those panels and turbines. Keeping the state’s landmark climate law in place and requiring New York to generate the vast majority of its power from renewables by 2040 may only widen the split. That’s the obvious takeaway from data from the New York State Energy Research and Development Authority. In a memo sent Thursday to Governor Kathy Hochul on the “likely costs of” complying with the law as it stands, NYSERDA warned that the statute will increase the cost of heating oil and natural gas. Upstate households that depend on fossil fuels could face hikes “in excess of $4,000 a year,” while New York City residents would see annual costs spike by $2,300. “Only a portion of these costs could be offset by current policy design,” read the memo, a copy of which City & State reporter Rebecca C. Lewis posted on X.
Last fall, this publication’s energy intelligence unit Heatmap Pro commissioned a nationwide survey asking thousands of American voters: “Would you support or oppose a data center being built near where you live?” Net support came out to +2%, with 44% in support and 42% opposed. Earlier this month, the pollster Embold Research ran the exact same question by another 2,091 registered voters across the country. The shift in the results, which I wrote about here, is staggering. This time just 28% said they would support or strongly support a data center that houses “servers that power the internet, apps, and artificial intelligence” in their neighborhood, while 52% said they would oppose or strongly oppose it. That’s a net support of -24% — a 26-point drop in just a few months.
Among the more interesting results was the fact that the biggest partisan gap was between rural and urban Republicans, with the latter showing greater support than any other faction. When I asked Emmet Penney at the right-leaning Foundation for American Innovation to make sense of that for me, he said data centers stoke a “fear of bigness” in a way that compares to past public attitudes on nuclear power.

Gas pipeline construction absolutely boomed last year in one specific region of the U.S. Spanning Texas, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi, and Alabama, the so-called South Central bloc saw a dramatic spike in intrastate natural gas pipelines, more than all other regions combined, per new Energy Information Administration data. It’s no mystery as to why. The buildout of liquified natural gas export terminals along the Gulf coast needs conduits to carry fuel from the fracking fields as far west as the Texas Permian.
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On Greenland’s deepsea mining ban, Indonesia floating nuclear, and a solar boom
Current conditions: Hurricane Trudy has weakened from its peak as a Category 2 storm but still threatens up to 8 inches of rain as it swirls off Baja California • A nor’easter is howling through the Mid-Atlantic this week, hammering the coast with winds of up to 70 miles per hour • A humid overcast has settled over Paris this week as French authorities struggle to regain control after protests over living costs gave way to anarchic riots.
At least 47 major data center projects have been delayed, withdrawn, or blocked so far this year, according to data the regulatory intelligence service RegLayer shared with the Financial Times — and that may be a “conservative estimate.” Just 35% of planned data centers are “credible,” analysts told the newspaper, as more than 1,000 communities across the United States now have restrictions on artificial intelligence infrastructure. The data comes as investors look increasingly jittery about AI following ChatGPT-maker OpenAI’s missing a key revenue metric this year.
Those findings stand in contrast with the numbers from our data service, Heatmap Pro. Based on our research, at least 107 projects faced cancellation so far this year, putting 2026 on track to beat last year, which saw 108 proposals nixed.
Unless you’re living off the grid and away from any social media (if so, I’m jealous), then you can probably surmise that not-in-my-backyard opposition prevails in many such cases against proposed data centers. That makes selling would-be neighbors on the projects critical. New polling by the advocacy group GoodPower found that a binding promise to protect local electricity rates boosts support for the projects upward by as much as 14 points. Such a pledge worked primarily on the 78% of voters who distrust data centers. Another potential winner: Pair a data center with renewables. At least 46% of respondents to the poll said their support would increase if a project were powered by renewables. The survey spoke to 2,610 registered voters last month and oversampled in states with at least 200 data centers completed: Arizona, Georgia, Indiana, Pennsylvania, Texas, and Virginia.
Greenland wants to find ways to exploit its mineral riches in hopes of generating enough income from industries other than fishing and tourism to eventually wean off subsidies from the governments of Denmark and the European Union. Earlier this month, as you may recall, the self-governing Danish island gave a project the green light. But the government in Nuuk doesn’t want miners harvesting metals from the seabed surrounding the Arctic island, which are fertile fishing grounds and could, in theory, lead to mineral production without meaningful infrastructure to create jobs for Greenlandic people. Last week, the Greenlandic Parliament adopted a resolution requiring the government to draft legislation banning deep-sea mining. All members present voted to approve the proposal, according to Sermitsiaq, a leading newspaper in Nuuk. The ban would, if adopted, last until the end of 2029, with the possibility of an extension for two years at a time.
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Long before the race for small modular reactors kicked off, Russia launched a floating nuclear power station and sailed the vessel up to the Arctic to power a small town. Now, as you may recall, the state-owned Russian nuclear company Rosatom is making plans to build more floating nuclear plants, and it has a major nuclear newcomer nation as an offtaker. Last week, NucNet reported, Rosatom announced a deal with Indonesia’s state-owned PT Pembangkit Listrik Nuklir to supply electricity to northern Indonesia from at least two floating nuclear plants with a capacity of 200 megawatts each.

Over the past decade, small-scale and rooftop solar systems increased from 18,812 gigawatt-hours to 92,979 gigawatt-hours, an increase of over 394%. That’s according to a new analysis from the Energy Information Administration, which found that California, Arizona, Texas, Florida are the regions with the most abundant solar resources. Even though the state has worse solar resources in general, New York ranked fifth as a result of growing capacity. Still, the rate of growth in generation has slowed over the past three years. l
The Trump administration is pulling out all the stops for Alaskans who want to drill and transport fossil fuels, mine minerals, and log trees. Now he’s easing rules on hunters. A new final rule from the National Park Service has revived a hunting method the Biden administration banned in 2024: Baiting bears with doughnuts soaked in bacon grease. Hunters use the baits to lure bears to close range before shooting them. “Some hunters prefer to use strong-smelling, high-calorie foods like pastries, doughnuts, meat scraps or fish remains to lure bears from miles away,” The New York Times reported. “But some conservationists say the practice is unethical and risks making the bears accustomed to human food, which could endanger people.”
What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?
One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?
Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.
Solving the energy side of the equation is a major hurdle for Jupiter, largely because of permitting delays and legal challenges.
In mid-September, the New Mexico Supreme Court lifted a stay it placed on consideration of the project’s state air permitting application. But on Wednesday, the Santa Fe New Mexican published emails between the New Mexico Environment Department and Project Jupiter staff detailing that independent emissions modeling showed pollution would be greater than predicted by the developers, after they had already requested permission to emit more CO2 than the state’s three largest cities combined. A final decision on the air permit was expected in November; the emails suggest the deadline may slip further. After the emails were reported, Oracle declared it would try to reduce emissions from the site by more than 30%.
At the same time, the New Mexico Justice Department is opposing the Federal Energy Regulatory Commission’s environmental assessment under the National Environmental Policy Act for a gas pipeline key to powering the project. The state’s attorneys assert the agency improperly failed to examine how the data center’s use of the pipeline would affect the environment. This week, a dozen GOP attorneys general representing states with large gas industries wrote FERC insisting they ignore the state’s protests, arguing that a recent Supreme Court ruling – known colloquially as Seven County – meant the federal government doesn’t need to look at the data centers gas pipelines are feeding when the lines are reviewed. Oracle has declared a “force majeure” over the pipeline delay. Rumors have circulated that trucks may just bring gas in for operations; company representatives told the Dona Ana County Commission this week those claims were “misinformation.”
Amidst these delays and potential legal conflicts, I’ve sought to understand whether projects like these – large data centers racing to operate within the next year or two – would be affected by enactment of the Bipartisan American Affordability and Jobs Act of 2026, a major permitting reform deal negotiated in part by New Mexico’s senior senator, Energy and Natural Resources chairman Martin Heinrich.
In Washington D.C., this legislation is exciting many constituencies, including energy industry types, policy wonks, business-friendly climate advocates. At the same time, more conservation-minded environmental groups opposed to provisions benefiting the fossil fuel industry are leaning into an argument that the legislation would accelerate a new era of gas-dominant data center construction.
Last week, I wrote about the environmentalists’ argument. I also examined the parts of the bill unlocking a new transmission build-out and requiring data center ratepayer protection. If enacted, FERC would have to require utilities to charge data centers not only for the costs of new grid upgrades but the charges incurred for using the grid, too. As my colleague Robinson Meyer has written, by forcing AI infrastructure operators to pay for both embedded and incremental energy costs, the legislation would essentially mean data centers paying both to reduce rates and build new energy generation. We’re seeing in real time what happens when you don’t deal with the transmission connection system while building new grid upgrades: companies will often opt to just build their own private off-grid fossil fuel islands. In Texas, for example, we’re seeing transmission hook-up delays lead to companies just building their own gas plants instead. This is not to say companies won’t still go off the grid if this bill passes, but it’s a serious consequence of our dilapidated energy system worth considering.
So I decided to evaluate Project Jupiter as a test case. How might the permitting bill affect this project and other big data centers at a stage like it?
For starters, let's say what the permitting bill does not do. It wouldn’t change the Clean Air Act. Project Jupiter would be one of the largest data centers in the country if completed, as well as potentially one of the nation’s biggest CO2 emitters if permitted as proposed. Nothing in the bill would affect requirements that the project adhere to national air emissions standards, so it wouldn’t affect the New Mexico Environment Department’s pending decision around the project’s air permits.
Enacting BAAJA could potentially affect this sprawling data center project in extremely hypothetical ways. It would reduce legal risks associated with future interstate gas pipelines under development expected to potentially branch out to Project Jupiter, including the Desert Southwest Expansion pipeline. It’s easy to understand in the words of Robert Pattinson in Primetime how this looks: like an easier path to expanding gas generation in this area.
On renewables, the bipartisan permitting deal would codify new permitting certainty and timeline provisions that claim to make it easier for companies to pursue solar development on federal acreage managed by the Bureau of Land Management. Project Jupiter just concluded a request for proposals to procure two gigawatts of renewable energy including solar power to meet the developers’ pledge to achieve 100% carbon matching by 2031 and Thiagarajan previously told the commission they’ve examined potentially getting energy from solar projects nearby on BLM lands.
But all of this is too theoretical and the case for any individual early-stage energy project too. Not to mention that we have no idea how the Trump administration would implement this certainty language, even for Project Jupiter.
To me, if people want to earnestly understand how the bipartisan permitting bill might actually affect data centers, they need to fully consider how making it easier and more transparent to hook up to the existing electric grid could reduce how much on-site gas generation is used at AI data center operations.
Delays in state permitting for the off-grid fuel cell plant have led Project Jupiter’s developers to consider what turning to the power grid would look like. In early September during a Dona Ana County commission meeting, Oracle executive vice president Mahest Thiagarajan told the panel, “If we end up in a situation where the air permit is not actually approved, I do have to work with a grid provider. Whether it is actually part of the grid or they built the grid for me could be TBD.”
“It doesn’t need to be on the grid, but I need [a] source of power to help power the data center,” Thiagarajan said.
Commission chair Manuel Sanchez replied that the microgrid plans were established in their community benefit agreement but he supported proposals requiring data center developers paying for upgrades and directly paying to reduce electricity rates for nearby residents. “It’s actually provided a downward pressure on rates,” Sanchez said, referring directly to such a policy created by the Georgia Public Service Commission.
Thiagarajan agreed. “My current plan is to continue to work with NMED [the New Mexico Environment Division] and get the off-grid site. If for any reason we have to, because I don’t have the air permit and I have to build the site, I strongly believe it has to come with me bringing down pressure to the rates. Period. I don’t think that’s a question of, I’m not increasing the rates. I actually have to come in and say, I am lowering the rates here.”
If Congress enacted this permitting bill in the lame duck, would Project Jupiter ditch plans to be off grid? It’s challenging to prove or disprove such a hypothetical. Representatives for the project did not respond to requests for comment. But we know any attempts at grid hookups without greater ratepayer protections are only leading to more conflict locally; this week, when Project Jupiter tried proposing a hook up to the grid for emergency power, the county commission fumed. Right now, the plan is still to power Project Jupiter with the gas fuel cell generation on site.
As I concluded this research, I noticed Heinrich’s office has actually promoted news coverage about what his efforts to enact data center ratepayer protections would do to Project Jupiter.
In early August, as the Senate was leaving for a summer recess, his office republished a Santa Fe New Mexican article about legislation the senator authored – the GRID Savings Act – and its potential impact on Project Jupiter. The article claimed that if Project Jupiter was unable to get its air permit, they’d be able to get power a different way under his proposal. The local news outlet also quoted an email from Sanchez, the county commission chair, stating that Heinrich’s bill “could be an avenue for Project Jupiter to fulfill their requirements if the air permit is denied.” Sanchez did not respond to requests for comment.
So I asked Senator Heinrich’s office for comment about this republished article, as well as if his permitting deal would indeed help ensure Project Jupiter was completed and came online. To conclude this story, here is their full statement:
The Senator has been clear that building big things responsibly means putting communities first. As he stated in his interview with the Albuquerque Journal, Project Jupiter botched community engagement from the start.
BAAJA is about making sure we build the energy infrastructure we need while keeping costs down for families and small businesses in New Mexico and across the country. The legislation would help get new energy generation, primarily clean energy, on the grid. By getting the energy onto the grid, states like New Mexico, which has enacted the Energy Transition Act, can continue working to ensure the energy powering our grid is increasingly clean.
The Senator has fought to ensure that growing energy demand doesn’t come at the expense of New Mexicans’ electricity bills by requiring data centers to pay for all of their associated transmission costs, rather than those costs shifting onto ratepayers. Ultimately, the Senator strongly believes that any major development, including data centers, should come as a benefit to the communities that host them, not a burden — and that starts with meaningful community engagement and real benefits for New Mexicans.
To be clear, BAAJA is federal legislation focused on energy infrastructure and grid connectivity. It does not ‘permit’ data centers. State and local government approval is still required. The Senator's legislation addresses the federal energy infrastructure challenges associated with a grid that cannot keep up with demand; it does not circumvent the state and local processes that determine whether Project Jupiter moves forward.
Media representatives for Project Jupiter did not respond to requests for comment.
And more of the week’s top news around project fights.
1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.
2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.
3. Cumberland County, N.J. – The Vineland data center project is impacting the sector’s reputation in the Garden State.
4. Hood County, Texas – It looks like this corner of Hill Country is going back to court over a data center.