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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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AM Briefing

Neutral, at Worst

On Chinese hydrogen, Fermi upheaval, and British offshore wind

Smokestacks.
Heatmap Illustration/Getty Images

Current conditions: The Pineapple Express, an atmospheric river originating in the Pacific near Hawaii, is arriving in the Southwest laden with heavy rain that’s set to flood the region • Indonesia has the worst air quality in the world as forest fires rage along Sumatra’s southern coast • A cross-country storm will soak much of the United States on Tuesday’s Election Day.


THE TOP FIVE

1. Permitting bill’s worst-case climate scenario is still carbon neutral

The Senate’s grand compromise to simplify federal permitting on energy projects would likely drop emissions slightly as the benefits to accelerating deployments of clean energy infrastructure outweigh the boost the legislation could give to fossil fuels. Even under the worst-case scenario, emissions remain on the same trajectory as today. That’s according to a hotly anticipated new analysis by the Rhodium Group, the consultancy whose U.S. emissions estimates are among the most widely cited in American politics. The report, shared first with my colleague Emily Pontecorvo, found that provisions in the Bipartisan American Affordability and Jobs Act largely counteract each other on climate. The bill makes building transmission lines much easier, a key step to patching more renewables onto the grid. But it also makes new gas pipelines simpler to permit, clearing the way for a buildout of the infrastructure for the fossil fuel already dominating U.S. electricity and heating systems. Still, under the best-case scenario, the legislation could cut U.S. economy-wide emissions by 5% below where they would otherwise go in 2040. The bill could also slash energy bills by $78 per year and support construction of more than 200 gigawatts of clean energy capacity, as compared to a world where it didn’t pass. The Rhodium report is at least the second analysis yet to find that the bill could modestly lower emissions. The first, as I reported last week, came from the think tank Resources for the Future, which saw a slight drop in power-sector emissions relative to a world without BAAJA.

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Energy

Exclusive: New Modeling Finds Permitting Bill Would Likely Cut Emissions

Even in the worst case scenario, BAAJA wouldn't increase emissions, an analysis by the Rhodium Group concludes.

Pollution and the Capitol.
Heatmap Illustration/Getty Images

The bipartisan permitting reform bill is likely to slightly cut greenhouse gas emissions and lower electricity bills by 2040 — or at worst leave emissions on the same trajectory that they are on today — as compared to the status quo, according to a new analysis of many of its provisions by the Rhodium Group, an independent research firm.

The analysis examines the policies in the Bipartisan American Affordability and Jobs Act, or BAAJA, that would have the most-clear cut effects on climate pollution and the energy system. It is the most comprehensive account of the bill’s effects on emissions so far, although it does not examine all of its provisions.

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Hotspots

Meta Data Center Federal Pipeline Review Due Early Next Year

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Richland Parish, Louisiana – Gird your loins for the coming fight over the Meta Hyperion data center’s gas pipeline.

  • On Wednesday, the Federal Energy Regulatory Commission laid out plans for an environmental assessment of the Entergy pipeline for the Meta data center under the National Environmental Policy Act and stated it’ll be issued in early January 2027. Federal agencies have been ordered by the panel to complete any remaining decisions on authorizations by April.
  • The decision to do an environmental assessment under NEPA will be controversial. The Sierra Club filed comments to FERC stating they wanted an environmental impact statement instead that took into account the environmental impacts of the data center being fed by the pipeline, as well as a review of the project’s cumulative impacts, as the activist group said they’re explicitly linked to the data center’s operations. “The power stations and data center are not remote or speculative developments unrelated to the proposed action,” their comments read.
  • This is quite similar to what’s playing out with the Green Chile pipeline in New Mexico for Oracle and OpenAI’s Project Jupiter, which we recently explained could turn into litigation with high stakes for future gas pipelines linked to data centers. But to me, this conflict with Meta feels like it has more at stake for this individual project, as it’s playing out while construction on gas power plants for the data center has been underway for almost a year after earlier being blessed by state regulators.
  • I asked Sierra Club what could happen next. Eric Huber, one of their managing attorneys, told me on Thursday, “I heard the EA is expected in January, but we are in wait and see mode and will decide on further steps when it comes out.” Meta and Entergy did not respond to a request for comment.

2. Spartanburg County, South Carolina – I have one last data center race to tell you to watch on Tuesday: South Carolina’s 4th, on the northern rim of the state.

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