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AM Briefing

Trump’s Executive Order Banning Wind Ruled Illegal

On rare earth refining, gas with CCS, and fusion goes to Washington

Offshore wind.
Heatmap Illustration/Getty Images

Current conditions: After a two-inch dusting over the weekend, Virginia is bracing for up to 8 inches of snow • The Bulahdelah bushfire in New South Wales that killed a firefighter on Sunday is flaring up again • The death toll from South and Southeast Asia’s recent floods has crossed 1,750.


THE TOP FIVE

1. Federal judge rules Trump’s executive order banning wind energy illegal


The Block Island Wind Farm, North America's first offshore turbines.John Moore/Getty Images

President Donald Trump’s Day One executive order directing agencies to stop approving permitting for wind energy projects is illegal, a federal judge ruled Monday evening. In a 47-page ruling against the president in the U.S. District Court for the District of Massachusetts, Judge Patti B. Saris found that the states led by New York who sued the White House had “produced ample evidence demonstrating that they face ongoing or imminent injuries due to the Wind Order,” including project delays that “reduce or defer tax revenue and returns on the State Plaintiffs’ investments in wind energy developments.” The judge vacated the order entirely.

Trump’s “total war on wind” may have shocked the industry with its fury, but the ruling is a sign that momentum may be shifting. Wind developers have gathered unusual allies. As I wrote here in October, big oil companies balked at Trump’s treatment of the wind industry, warning the precedents Republican leaders set would be used by Democrats against fossil fuels in the future. Just last week, as I reported here, the National Petroleum Council advised the Department of Energy to back a national permitting reform proposal that would strip the White House of the power to rescind already-granted licenses.

2. Energy Department puts up $134 million for refining rare earths

Back in October, I told you about how the head of the world’s biggest metal trading house warned that the West was getting the critical mineral problem wrong, focusing too much on mining and not enough on refining. Now the Energy Department is making $134 million available to projects that demonstrate commercially viable ways of recovering and refining rare earths from mining waste, old electronics, and other discarded materials, Utility Dive reported. “We have these resources here at home, but years of complacency ceded America’s mining and industrial base to other nations,” Secretary of Energy Chris Wright said in a statement.

If you read yesterday’s newsletter, you may recall that the move comes as the Trump administration signals its plans to take more equity stakes in mining companies, following on the quasi-nationalization spree started over the summer when the U.S. military became the largest shareholder in MP Materials, the country’s only active rare earths miner, in a move Heatmap's Matthew Zeitlin noted made Biden-era officials jealous.

3. Google and NextEra partner on data centers

NextEra Energy is planning to develop data centers across the U.S. for Google-owner Alphabet as the utility giant pivots from its status as the nation’s biggest renewable power developer to the natural gas preferred by the Trump administration. The Florida-based company already had a deal to provide 2.5 gigawatts of clean energy capacity to Facebook-owner Meta Platforms, and also plans gas plants for oil giant Exxon Mobil Corp. and gas producer Comstock Resources. Still, NextEra’s stock dropped by more than 3% as investors questioned whether the company’s skills with solar and wind can be translated to gas. “They’ve been top-notch, best-in-class renewable developers,” Morningstar analyst Andy Bischof told Bloomberg. “Now investors have to get their head around whether that can translate to best-in-class gas developer.”

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  • 4. Another U.S. gas plant is getting carbon capture

    In October, Google backed construction of the first U.S. commercial installation of a gas plant built from the ground up with carbon capture. The project, which Matthew wrote about here, had the trappings to work where other experiments in carbon capture failed. The location selected for the plant already had an ethanol facility with carbon capture, and access to wells to store the sequestered gas. Now the U.S. could have another plant. In a press release Monday, the industrial giant Babcock and Wilcox announced a deal with an unnamed company to supply carbon capture equipment to an existing U.S. power station. More details are due out in March 2026.

    5. Fusion energy leaders meet with Energy Department

    Executives from at least 14 fusion energy startups met with the Energy Department on Monday as the agency looks to spur construction of what could be the world’s first power plants to harness the reaction that powers the sun. The Trump administration has made fusion a priority, issuing a roadmap for commercialization and devoting a new office to the energy source, as I wrote in a breakdown of the agency’s internal reorganization last month. It is, as Heatmap’s Katie Brigham has written, “finally, possibly, almost time for fusion” as billions of dollars flow into startups promising to make the so-called energy source of tomorrow a reality in the near future. “It is now time to make an investment in resources to match the nation’s ambition,” the Fusion Industry Association, the trade group representing the nascent industry, wrote in a press release. “China and other strategic competitors are mobilizing billions to develop the technology and capture the fusion future. The United States has invested in fusion R&D for decades; now is the time to complete the final step to commercialize the technology.” Indeed, as I wrote last month, China has forged an alliance with roughly a dozen countries to work together on fusion, and it’s spending orders of magnitude more cash on the energy source than the U.S.

    THE KICKER

    Founded by a former Google worker, the startup Quilt set out to design chic-looking heat pumps sexy enough to serve as decor. Investors like the pitch. The company closed a $20 million Series B round on Monday, bringing its total fundraising to $64 million. “Our growth demonstrates that when you solve for comfort, design, and efficiency simultaneously, adoption accelerates,” Paul Lambert, chief executive and co-founder of Quilt, said in a statement. “This funding enables us to bring that experience to millions more North American homes.”

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    Sparks

    Trump Concedes a Battle in His War Against Offshore Wind

    The administration filed to dismiss an appeal of a December ruling that overturned its offshore wind permitting freeze.

    Trump Concedes a Battle in His War Against Offshore Wind
    Illustration by Simon Abranowicz

    Trump’s Department of Justice is giving up on defending the president’s offshore wind permitting moratorium.

    The DOJ filed a motion on Wednesday to dismiss its appeal of a federal court’s December decision vacating the order to halt offshore wind approvals. The plaintiffs in the case — New York and 16 other states, as well as the Alliance for Clean Energy New York, a trade group — did not oppose the motion. The case will not be officially dismissed, however, until the First Circuit Court of Appeals approves the request, which typically happens quickly when both parties support the dismissal.

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    Water, a data center, and a protester.
    Heatmap Illustration/Getty Images

    The data center water issues are real – but they aren’t what you think.

    Too often, I hear people say the number one reason they’re against data center development is water use. Heatmap’s data shows water consumption is historically the reason cited most often by activists when opposing projects. This complaint, they often say, is rooted in the fear that this nascent buildout of AI infrastructure will simply draw so much H2O it will leave little liquid left for the rest of us.

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    Hotspots

    Texas Is the Eye of the Bipartisan Data Center Hurricane

    And more of this week’s biggest news around project fights.

    The United States.
    Heatmap Illustration/Getty Images

    1. Matagorda County, Texas – The bipartisan data center backlash is now so powerful that a top Republican Texas state official is doing an event with the Democrat vying to replace him.

    • On Thursday afternoon, outgoing Republican agriculture commissioner Sid Miller and Democratic candidate Clayton Tucker are marqueeing a forum hosted by Matagorda County Against Data Centers, an opposition group that appears to also monitor solar and battery storage for potential opposition, too. Miller is leaving his post at the end of the year after being defeated in a GOP primary by Nate Sheets, who was supported by Gov. Greg Abbott.
    • This bipartisan forum will take place after Abbott himself called for new laws and regulations on data centers in a letter to Texas Public Utility Commission Chair Thomas Gleeson and ERCOT CEO Pablo Vegas. Abbott said he’d push to require data centers to pay costs for electric infrastructure and use “water-efficient technologies such as closed-loop cooling systems.” Also on the to-do list? Mandatory property setbacks and noise reduction.
    • It’s becoming clear the frustrations against AI infrastructure and associated energy projects are starting to boil without a vent. The first county to issue a data center moratorium in Texas has withdrawn the effort after facing a $100 million lawsuit from a developer, and other counties are delaying future moratoria on fears of legal risks. Where will all of this frustration go without the option to pause development locally?
    • We’re starting to see Texas legislators seek to channel this anger. Last week, Rep. Veronica Escobar – a Democrat who represents the dry, data center-anxious city of El Paso – offered an amendment in a House committee to block funding for the EPA’s new data center construction rules. The amendment failed but I’d hardly be surprised to see this sort of rider gain traction if Democrats retake the lower chamber, especially if data centers are a major election issue.

    2. Albany County, New York – As we await Gov. Kathy Hochul’s decision on whether to enact the nation’s first statewide moratorium on data centers, I wanted to bring up some pretty crucial facts about the situation in the Empire State.

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