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After years of planning, the Tropical Forests Forever Facility has so far failed to take root.

In selecting a location for this year’s United Nations climate conference, host country Brazil chose symbolism over sense. Belém, the site of this year’s summit, is perched on the edge of the Amazon rainforest. The setting is meant to foreground the importance of nature in fighting climate change — despite the city’s desperately inadequate infrastructure for housing the tens of thousands of attendees the conference draws.
That mismatch of intention and resources has also played out in the meeting rooms of the gathering, known as COP30. The centerpiece of President Luiz Inácio Lula da Silva’s agenda was meant to be the Tropical Forests Forever Facility, an international finance scheme to raise at least $2 billion per year to fund forest conservation and restoration. After an inauspicious launch in which presumed supporters of the facility failed to put up any actual financing, however, it’s unclear whether the TFFF will have a chance to prove it can work.
Deforestation rates have hardly budged globally since 2021, despite more than 100 countries signing a pledge that year to halt and reverse deforestation and land degradation within the decade. The world lost more than 8 million hectares of forest to deforestation last year, causing the release of more than 4 billion metric tons of carbon dioxide into the atmosphere — nearly as much as the entire U.S. energy sector.
First proposed by the Brazilian government in Dubai at COP28, the TFFF was devised to deliver a more consistent source of funding to countries in the global south for forest conservation that would not depend on foreign aid budgets or be vulnerable to the ups and downs of the carbon market.
The plan involves setting up a fund with money borrowed from wealthier countries and private investors at low interest rates and invested in publicly traded bonds from emerging markets and developing economies that command higher interest rates. After paying back investors, the revenue generated by the spread — roughly a 3% return, if all goes to plan — would be paid out in annual lump sums to developing countries that have managed to keep deforestation at bay. Participating countries would have the right to spend the proceeds as they choose, so long as the money goes to support forests. At least 20% of the funds would also have to be set aside for indigenous peoples.
Brazil lined up substantial support for the idea ahead of this year’s launch. Six potential investor countries — France, Germany, Norway, the United Arab Emirates, the United Kingdom, and the United States — as well as five potential beneficiaries — Colombia, the Democratic Republic of Congo, Ghana, Indonesia, and Malaysia — joined a steering committee to help shape the development of the fund. The Brazilian government ultimately proposed a fundraising target of $25 billion from the sponsor countries, with the idea to attract about $100 billion from private investors, for a total of $125 billion to get the fund off the ground.
Once the fund started generating revenue, private investors would be paid out first, sponsor countries second, and forested countries last, with the $25 billion serving as insurance to the private investors should the emerging market bond issuers default on their payments. The fund itself would be managed by the World Bank, while a separate entity would govern payments made to forested countries.
While many in the international environmental community were enthusiastic about the plan — especially as a shift away from controversial carbon markets — some raised alarms.
Max Alexander Matthey, a German economics PhD student studying international finance, first saw a presentation on TFFF at COP29 and was baffled by its simplicity. “If it was that easy to make this 3% on borrowed money, why wouldn’t everyone else be doing it?” he recalled thinking at the time. After digging into the Brazilian government’s financial analysis and doing some of his own, Matthey came to believe that the fund’s proponents had underestimated the risk inherent to the investment strategy, as well as the cost of managing the $125 billion fund, he told me.
The whole reason these emerging market bonds command a higher interest rate, Matthey explained, is because they are riskier. If and when countries default on their debts, whether due to global financial shocks like pandemics or wars, or simple mismanagement, the “free money” available for forests will dry up. “These 3% are not up for grabs,” he told me. “They compensate for actual risk and defaults that will happen over time.”
The TFFF was designed to create an incentive for countries with tropical forests to invest in policies and programs to protect forests — to hire rangers to prevent illegal deforestation, to pay farmers not to raze their forests, to implement fire prevention strategies. “They have to heavily invest,” Matthey told me. “If we as the Global North say, Well, thanks for investing large shares of your budget into rainforest protection, but you won’t get any money from our side because financial markets turned the wrong way, that’s just not how you build trust.”
Matthey outlined his analysis in a Substack post in September with University of Calgary economist Aidan Hollis. They found that the JP Morgan EMBI index, which tracks emerging market sovereign bonds, has seen regular downturns of between 18 and 32 percentage points over the past two decades. In the case of the TFFF, a single 20-point loss would wipe out the $25 billion in sponsor debt “and halt rainforest flows, possibly before they even begin,” they wrote.
The energy research firm BloombergNEF seems to agree. In a report published last week outlining the state of international biodiversity finance ahead of COP30, BNEF forecast there would be “little progress” on the TFFF. “The 3% spread is not a money faucet, but a risk premium; studies on the TFFF appear not to have properly conducted risk analyses,” the report said, warning that in effect, the scheme would eat up development finance just to absorb private investor losses. (After this article’s publication, a representative from the World Wildlife Fund reached out to Heatmap to say that this analysis was based on earlier financial modeling, and that a new model had been released in October.)
Just prior to that report’s release, confidence in the TFFF appeared to dip. Brazil’s finance minister lowered his fundraising ambition for the facility to $10 billion by 2026. A few days later, on the eve of the launch, Bloomberg News reported that the United Kingdom would not be contributing to the fund after the country’s treasury department warned it could not afford the investment, despite its significant involvement in the fund’s design.
Following the launch, Indonesia and Portugal each committed $1 billion, while Norway pledged $3 billion, although only if the fund successfully secures at least $10 billion. France also promised €500 million, or just over half a billion dollars, while Germany said it would contribute “significantly,” although it hasn’t said how much yet. All in all, countries committed just $5.5 billion above Brazil’s own initial $1 billion commitment — with at least $3 billion of that contingent on further fundraising.
Andrew Deutz, the managing director for global policy and partnerships at the World Wildlife Fund, which has also been heavily involved in developing the TFFF, assured me this was not the disappointment it appeared to be.
"I look at what just happened last week as validation that the model can work and that countries have confidence in it,” Deutz said. He pointed to the fact that 53 countries, including 19 potential investors, have endorsed the scheme. “A bunch of sponsor countries who haven’t been that engaged said, We like this idea, and I think that creates the opportunity and the momentum that we can get one or two more rounds of capitalization at least.” Deutz was bullish that Germany would come to the table with a pledge between $1 billion and $3 billion, and that the UK would “get guilted in” shortly. He expects to see additional pledges at the World Bank’s Spring Meetings next April, and a few more at the UN General Assembly next September.
As for criticisms of the fund’s investment strategy, he brushed them off, arguing that the risk was "quantifiable and manageable.” He has faith in the TFFF’s modeling showing that the fund’s managers will be able to earn high enough returns to pay back investors and still generate enough funds to pay tropical forest countries.
Charles Barber, the director of natural resources governance and policy at the World Resources Institute was more cautious on both fronts. “We’re glad it’s got as far as it has, but there’s a whole lot of questions that will need to be answered to really get it up,” he told me. Barber saw arguments both for and against the risky investment strategy, but he was skeptical that a starting point of $10 billion would be enough to attract sufficient private investment or give tropical forest countries enough of an incentive to participate.
Matthey has called the idea of a scaled-down TFFF a “worst-case scenario for everyone involved,” due to the high fixed costs of managing the fund, monitoring deforestation, administering the proceeds, etc. The potential payouts to forested countries would be so diminished as to amount to a “rounding error” rather than a true incentive, he wrote.
Deutz told me the TFFF’s architects always expected there to be a three- to four-year ramp-up period. If the fund gets one or two more rounds of capitalization, “we’ll see if it works — and then, assuming it works, you can keep adding to it,” he said. “This is something new and different, so it might take us a little while to prove it out and for people to get comfortable.”
Editor’s note: This story has been updated to reflect new information provided after publication.
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.