You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
His intellectual influences include longtime climate action skeptics — and Bill Gates’ favorite author.

Donald Trump’s nominee for Secretary of Energy, Chris Wright, is a nerd — and he’ll tell you about it. “I’m Chris Wright, and my short bio is, I started out as a science geek, I transitioned to a tech nerd, and then I’ve been an energy entrepreneur my whole life,” he told energy journalist Robert Bryce on the Power Hungry podcast in 2020. “In addition to an energy nerd, I’ve been a climate nerd for quite some time,” he said in a talk hosted by Veriten, the energy consulting firm in 2023.
This is a far cry from Trump’s first Energy Secretary, the former Texas Governor Rick Perry, who famously failed to remember on the Republican primary debate stage the third of the three agencies he sought to eliminate (it was the Department of Energy) and who reportedly didn’t know that the Energy Department’s responsibilities — and budget — then lay heavily with maintaining the country’s nuclear stockpile.
But Wright’s extensive energy experience — studying nuclear fusion at the Massachusetts Institute of Technology and working early in his career on solar and geothermal engineering (his company, Liberty Energy, the fracking powerhouse he founded in 2011, has invested in the next-generation geothermal company Fervo, and Wright sits on the board of the nuclear company Oklo) — has not won him any plaudits from environmental groups or Democrats who focus on climate change. After Trump announced his nomination, the Sierra Club called Wright a “climate denier who has profited off of polluting our communities and endangering our health and future.” Illinois Rep. Sean Casten, one of the House’s most vocal proponents of climate action, also called Wright a “climate denier who prioritizes the wants of energy producers over the needs of American consumers.”
Few Republicans — and certainly few high-level Trump appointees — are as conversant in climate and energy data as Wright. That may make him an even more effective advocate for Trump’s “energy dominance” strategy, built around increased production of fossil fuels and, almost certainly, fewer subsidies for clean energy and electrification.
Typically when a person gains some notoriety by coming out against immediate, large-scale climate action and restrictions on fossil fuel extraction, climate advocates try to link that person to the fossil fuel industry and its long history of deliberate and knowing climate denial. Wright’s associations, however, are perfectly straightforward: Liberty Energy fracks oil and gas in the United States and Canada on behalf of large oil companies. He thinks the company’s contribution to the good of the world consists of its producing more hydrocarbons — full stop.
Get the best of Heatmap in your inbox daily.
Wright calls this philosophy “energy sobriety,” fully conceding that climate change is real while also diminishing the urgency of mounting a response. In seemingly countless speeches, interviews, and legislative testimonies, as well as in Liberty Energy’s annual “Bettering Human Lives” report — its version of an environmental, social, and governance review — Wright is perfectly comfortable acknowledging climate change while also patiently assaulting many key pillars of climate policy as it’s practiced in the United States, Europe, and other countries in the developed world seeking to sharply reduce greenhouse gas emissions.
While Wright’s written and spoken record adds up to tens of thousands of words and hours of talks, it can be distilled into a few core ideas: Energy consumption makes people better off; energy access, especially in the developing world, is a greater global challenge than climate change; and existing alternatives to hydrocarbons are not capable of replacing the status quo energy system, which still overwhelmingly relies on fossil fuels, with little prospect of a rapid transition.
He cites a wide range of thinkers, including members of a group of scholars — including the Danish political scientist Bjorn Lomborg (whose book, False Alarm, is “fantastic,” Wright said in a Liberty talk), University of Colorado science policy scholar Roger Pielke, Jr. (“a real intellectual”), and the Canadian energy scholar and historian Vaclav Smil (“the greatest energy scholar of my lifetime by far”) — who share elements of this deflationary view of climate change.
Lomborg and Pielke have long been bêtes noires of the climate movement, mostly as the subjects of years of furious back and forth in every form of media for the past two-plus decades. (Though in Pielke’s case, there was also an investigation in 2015 over alleged conflicts of interest led by House Democrat Raul Grijalva, who is retiring from Congress this year.) Lomborg has for decades argued that climate change ranks relatively low on global challenges compared to, say, global public health, while Pielke contends that many climate change policy advocates overstate what the Intergovernmental Panel on Climate Change actually says about the connection between climate change and extreme weather, a point that has made him the object of intense criticism for going on 15 years.
Smil, meanwhile, is deeply skeptical of any effort to wean the world from fossil fuels considering their role in the production of steel, cement, plastics, and fertilizers — the materials that he describes as essential to the modern world. Smil also counts among his fans Bill Gates (“Vaclav Smil is my favorite author”), who is also one of the biggest funders and promoters of climate action through his research and investment group Breakthrough Energy and funding for companies like TerraPower, which is currently building the country’s first next-generation nuclear facility in Wyoming.
Pielke called both Wright and Doug Burgum, Trump’s nominee for Secretary of the Interior and the designated head of a planned National Energy Council “super competent. They know energy, and that’s a fantastic starting point,” he told me.
“There is polarization of the climate debate, and the idea that fossil fuels are evil and the fossil industry are arch-villains — that’s part of the framing from the progressive left about how climate wars are to be fought,” Pielke said. “I’m not particularly wedded to that sort of Manichean evil vs. good framing of the debate.”
But the differences are real. Wright strongly contests much of what is the mainstream of climate policy. While he acknowledges that increased concentrations of carbon dioxide cause higher temperature, he says it’s “actually sort of slow-moving in our lifetimes” and a “relatively modest phenomenon that’s just been wildly abused for political reasons,” he said in a talk to the conservative policy group American Legislative Exchange Council.
While the Department of Energy has only limited authority over energy policy, per se, especially the permitting and public lands issues that typically concern fossil fuel companies, Wright does have some levers he can pull. He will likely act quickly to approve more export facilities for liquified natural gas, though the Energy Department’s recently released study of LNG’s long-term effects — particularly on domestic energy prices — may complicate that somewhat. Beyond that, he will inherit a massive energy research portfolio through the national labs, putting him in charge of developing the energy technology that he says are currently insufficient to replace oil and gas.
“I’ve worked on alternatives. I’d love it if fusion energy arrives,” Wright said in an interview with the conservative website Power Line. “I love energy technology, and I think there’s good things going on, but it’s now become political.”
He believes that reaching net zero greenhouse gas emissions by 2050 is “neither achievable nor humane,” he wrote in the foreword to the 2024 edition of “Bettering Human Lives.” He also disagrees with the idea of subsidizing the world’s predominant forms of alternative energy, solar and wind.
“Wind and solar are never going to be dominant sources of energy in the world,” Wright told Bryce on the 2020 podcast. The “main impact” of subsidies for wind and solar, Wright said in another 2023 podcast episode with Bryce, “is just to make our electricity grids less reliable and electricity prices more expensive, and to do nothing for the demand for oil and very little for the demand for natural gas.”
“Oil and gas make the world go round,” he added. “[People] want higher quality of lives. That’s what drives the demand for oil and gas.”
Bryce, a persistent critic of green energy policies, told me in an email that he thinks Wright is “the right person for the DOE. He’s not apologetic about being an energy humanist. Regardless of what anyone thinks about climate change, it is obvious that we are going to need a lot more energy in the future, and the majority of that new supply will come from hydrocarbons.”
While Wright’s arguments certainly have wide purchase among his peers in the energy industry executive corps, he nevertheless stands out from the rest for his willingness to express them. In contrast to the stance taken by large, multinational energy companies, which are willing at least to pay lip service to carbon reduction goals and have, at times, embraced branding and marketing strategies to make them seem like something other than oil and gas companies (e.g. ExxonMobil’s algae-based fuel initiative and BP’s notorious “Beyond Petroleum” campaign), Wright and his company see their contribution to a better world as their work extracting oil and gas.
Other executives “don’t want to deal with the criticism that will come with taking a higher-profile stance,” Bryce told me. “They don’t have time or the inclination. It takes a lot of time, courage, and conviction to engage with the media, get on the speaking circuit, and do so in a thoughtful way.”
Wright’s emphasis on the energy poverty faced by poor countries could potentially serve as a diplomatic bridge to the developing world, especially in Africa, where some observers think there’s space for the United States to start funding natural gas development through the International Development Finance Corporation. For Wright, expanding energy production — and specifically fossil fuel development — is crucial to providing cheap energy to the developing world. He mentions in almost every talk the billions of people who use wood, dung, or other biofuels on open fires to cook indoors, causing 3 million premature deaths per year.
“The biggest problem today is a third of humanity doesn’t have hydrocarbons,” Wright told Bryce in 2023. In a 2023 speech to the American Conservation Coalition, a conservative environmental group, he described strictures against financing fossil fuel development as “not just ignorant or bad policy” but “immoral.” His solution: distributing propane stoves as widely as possible, in part through his Bettering Human Lives Foundation.
Here might be the greatest challenge for advocates of climate action: Even if most of the world’s leaders have accepted the reality of anthropogenic climate change, much of the world, especially outside North America and Europe, is still eagerly increasing its use of fossil fuels. In the United States, coal plant shutdowns are being pushed out further and natural gas investment may soon pick up again to power new demand for electricity. Globally, coal use is set to grow over the next few years. That’s thanks in large part to demand from China, the world’s largest emitter and second-largest cumulative emitter behind the United States, defying predictions that demand there was near peaking. The biggest new source of oil demand is India, a country with a per-capita gross domestic product less than 1/30th of the United States.
And so the greatest danger to aggressive action to lower global emissions may not be Chris Wright and his “sober” ideas at the helm of the Department of Energy. It may be that much of the world agrees with him.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
With construction deadlines approaching, developers still aren’t sure how to comply with the new rules.
Certainty, certainty, certainty — three things that are of paramount importance for anyone making an investment decision. There’s little of it to be found in the renewable energy business these days.
The main vectors of uncertainty are obvious enough — whipsawing trade policy, protean administrative hostility toward wind, a long-awaited summit with China that appears to have done nothing to resolve the war with Iran. But there’s still one big “known unknown” — rules governing how companies are allowed to interact with “prohibited foreign entities,” which remain unwritten nearly a year after the One Big Beautiful Bill Act slapped them on just about every remaining clean energy tax credit.
The list of countries that qualify as “foreign entities of concern” is short, including Russian, Iran, North Korea, and China. Post-OBBBA, a firm may be treated as a “foreign-influenced entity” if at least 15% of its debt is issued by one of these countries — though in reality, China is the only one that matters. This rule also kicks in when there’s foreign entity authority to appoint executive officers, 25% or greater ownership by a single entity or a combined ownership of at least 40%.
Any company that wants to claim a clean energy tax credit must comply with the FEOC rules. How to calculate those percentages, however, the Trump administration has so far failed to say. This is tricky because clean energy projects seeking tax credits must be placed in service by the end of 2027 or start construction by July 4 of this year, which doesn’t leave them much time left to align themselves with the new rules.
While the Treasury Department published preliminary guidance in February, it largely covered “material assistance,” the system for determining how much of the cost of the project comes from inputs that are linked to those four nations (again, this is really about China). That still leaves the issue of foreign influence and “effective control,” i.e. who is allowed to own or invest in a project and what that means.
This has meant a lot of work for tax lawyers, Heather Cooper, a partner at McDermott Will & Schulte, told me on Friday.
“The FEOC ownership rules are an all or nothing proposition,” she said. “You have to satisfy these rules. It’s not optional. It’s not a matter of you lose some of the credits, but you keep others. There’s no remedy or anything. This is all or nothing.”
That uncertainty has had a chilling effect on the market. In February, Bloomberg reported that Morgan Stanley and JPMorgan had frozen some of their renewables financing work because of uncertainty around these rules, though Cooper told me the market has since thawed somewhat.
“More parties are getting comfortable enough that there are reasonable interpretations of these rules that they can move forward,” she said. “The reality is that, for folks in this industry — not just developers, but investors, tax insurers, and others — their business mandate is they need to be doing these projects.”
Some of the most frequent complaints from advisors and trade groups come around just how deep into a project’s investors you have to look to find undue foreign ownership or investment.
This gets complicated when it comes to the structures involved with clean energy projects that claim tax credits. They often combine developers (who have their own investors), outside investment funds, banks, and large companies that buy the tax credits on the transferability market.
These companies — especially the banks, which fund themselves with debt — “don’t know on any particular date how much of their debt is held by Chinese connected lenders, and therefore they’re not sure how the rules apply, and that’s caused a couple of banks to pull out of the tax equity market,” David Burton, a partner at Norton Rose Fulbright, told me. “It seems pretty crazy that a large international bank that has its debt trading is going to be a specified foreign entity because on some date, a Chinese party decided to take a large position in its debt.”
For those still participating in the market, the lack of guidance on debt and equity provisions has meant that lawyers are having to ascend the ladder of entities involved in a project, from private equity firms who aren’t typically used to disclosing their limited partners to developers, banks, and public companies that buy the tax credits.
“We’re having to go to private equity funds and say, hey, how many of your LPs are Chinese?” David Burton, a partner at Norton Rose Fulbright, told me. This is not information these funds are typically particularly eager to share. If a lawyer “had asked a private equity firm please tell us about your LPs, before One Big Beautiful Bill, they probably would have told us to go jump in the lake,” Burton said.
Still, the deals are still happening, but “the legal fees are more expensive. The underwriting and due diligence time is longer, there are more headaches,” he told me.
Typically these deals involve joint ventures that formed for that specific deal, which can then transfer the tax credits to another entity with more tax liability to offset. The joint venture might be majority owned by a public company, with a large minority position held by a private equity fund, Burton said.
For the public company, Burton said, his team has to ask “Are any of your shareholders large enough that they have to be disclosed to the SEC? Are any of those Chinese?” For the private equity fund, they have to ask where its investors are residents and what countries they’re citizens of. While private equity funds can be “relatively cooperative,” the process is still a “headache.”
“It took time to figure out how to write these certifications and get me comfortable with the certification, my client comfortable with it, the private equity firm comfortable with it, the tax credit buyer comfortable with it,” he told me, referring to the written legal explanation for how companies involved are complying with what their lawyers think the tax rules are.
Players such as the American Council on Renewable Energy hope that guidance will cut down on this certification time by limiting the universe of entities that will have to scrub their rolls of Chinese investors or corporate officers.
“It’d be nice if we knew you only have to apply the test at the entity that’s considered the tax owner of the project,” i.e. just the joint venture that’s formed for a specific project, Cooper told me.
“There’s a pretty reasonable and plain reading of the statute that limits the term ’taxpayer’ to the entity that owns the project when it’s placed in service,” Cooper said.
Many in the industry expect more guidance on the rules by the end of year, though as Burton noted, “this Treasury is hard to predict.”
In the meantime, expect even more work for tax lawyers.
“We’re used to December being super busy,” Burton said. “But it now feels like every month since the One Big Beautiful Bill passed is like December, so we’ve had, like, you know, eight Decembers in a row.”
Deep cuts to the department have left each staffer with a huge amount of money to manage.
The Department of Energy has an enviable problem: It has more money than it can spend.
DOE disbursed just 2% of its total budgetary resources in fiscal year 2025, according to a report released earlier this year from the EFI Foundation, a nonprofit that tracks innovations in energy. That figure is far lower than the 38% of funds it distributed the year prior.
While some of that is due to political whiplash in Washington, there is another, far more mundane cause: There simply aren’t that many people left to oversee the money. Thanks to the Department of Government Efficiency’s efforts, one in five DOE staff members left the agency. On top of that, Energy Secretary Chris Wright shuffled around and combined offices in a Kafkaesque restructuring. Short on workers and clear direction, the department appears unable to churn through its sizable budget.

Though Congress provides budgetary authority, agencies are left to allot spending for the programs under their ambit, and then obligate payments through contracts, grants, and loans. While departments are expected to use the money they’re allocated, federal staff have to work through the gritty details of each individual transaction.
As a result of its reduced headcount, DOE’s employees are each responsible for far more budgetary resources than ever before.
“DOE is facing its largest imbalance in its history,” Alex Kizer, executive vice president of EFI Foundation, told me. In fiscal year 2017, DOE budgeted around $4.7 million per full-time employee. In the fiscal year 2026 budget request, that figure reached $35.7 million per worker — about eight times more.
Part of that increase is the result of the unprecedented injection of funding into DOE from the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act. The pair of laws, which gave DOE access to $97 billion, comprised the United States’ largest investment to combat climate change in the nation’s history.
The epoch of federally backed renewable energy investment proved to be short-lived, however. Once President Trump retook office last year, his administration froze funds and initiated a purge of federal workers that resulted in 3,000 staffers (about one in five) leaving DOE through the Deferred Resignation Program. The administration canceled hundreds of projects, evaporating $23 billion in federal support.
While the One Big Beautiful Bill Act passed last summer depleted some of the IRA’s coffers and sunsetted many tax credits years early, it only rescinded about $1.8 billion from DOE, according to the EFI Foundation. Much of the IRA’s spending had already gone out the door or was left intact.
This leaves DOE in a strange position: Its budget is historically high, but its staffing levels have suffered an unprecedented drop.

Even before the short-lived Elon Musk-run agency took a chainsaw to the federal workforce, DOE struggled to hire enough people to keep up with the pace of funding demanded by the IRA’s funding deadlines. The Loan Programs Office, for example, was criticized for moving too slowly in shelling out its hundreds of billions in loan authority. According to a report from three ex-DOE staffers that Heatmap’s Emily Pontecorvo covered, the IRA’s implementation suffered from a lack of “highly skilled, highly talented staff” to carry out its many programs.
“The last year’s uncertainty and the staff cuts, the project cancellations, those increase an already tightening bottleneck of difficulty with implementation at the department,” Sarah Frances Smith, EFI Foundation’s deputy director, told me.
One former longtime Department of Energy staffer who asked not to be named because they may want to return one day told me that as soon as Trump’s second term started, funding disbursement slowed to a halt. Employees had to get permission from leadership just to pay invoices for projects that had already been granted funding, the ex-DOE worker said.
While the Trump administration quickly moved to hamstring renewable energy resources, staff were kept busy complying with executive orders such as removing any mention of diversity equity and inclusion from government websites and responding to automated “What did you do last week?” emails.
On top of government funding drying up, Kizer told me that the confusion surrounding DOE has had a “cooling effect on the private sector’s appetite to do business with DOE,” though the size of that effect is “hard to quantify.”
Under President Biden, DOE put a lot of effort into building trust with companies doing work critical to its renewable energy priorities. Now, states and companies alike are suing DOE to restore revoked funds. In a recent report, the Government Accountability Office warned, “Private companies, which are often funding more than 50 percent of these projects, may reconsider future partnerships with the federal government.”
Clean energy firms aren’t the only ones upset by DOE’s about-face. Even the Republican-controlled Congress balked at President Trump’s proposed deep cuts to DOE’s budget in its latest round of budget negotiations. Appropriations for fiscal year 2026 will be just slightly lower than the year before — though without additional headcount to manage it, the same difficulties getting money out the door will remain.
The widespread staff exit also appears to have slowed work supporting the administration’s new priorities, namely coal and critical minerals. LPO, which was rebranded the “Office of Energy Dominance Financing,” has announced only a few new loans since President Biden left office. Southern Company, which received the Office’s largest-ever loan, was previously backed by a loan to its subsidiary Georgia Power under the first Trump administration.
Despite Trump’s frequent invocation of the importance of coal, DOE hasn’t accomplished much for the technology besides some funding to keep open a handful of struggling coal plants and a loan to restart a coal gasification plant for fertilizer production that was already in LPO’s pipeline under Biden.
Even if DOE wanted to become an oil and gas-enabling juggernaut, it may not have the labor force it needs to carry out a carbon-heavy energy mandate.
“When you cut as many people as they did, you have to figure out who’s going to do the stuff that those people were doing,” said the ex-DOE staffer. “And now they’re going to move and going, Oh crap, we fired that guy.”
Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”