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A podcast by GBH News reporter Ian Coss gives this notorious project a long-overdue reappraisal. Bonus: The show comes with lessons for climate infrastructure projects of the future.

If you’ve lived in Massachusetts at any point in the last 50 years, you’ve heard of the Big Dig. It’s infamous — a tunnel project that was supposed to bury an elevated highway in Boston to the tune of $2 billion that eventually ballooned in cost to $15 billion and took a quarter of a century to finish.
The Big Dig was more than just a highway project, though. It was a monumental effort that Ian Coss, a reporter at GBH News, calls a “renovation of downtown Boston.” The project built tunnels and bridges, yes, but it also created parks, public spaces, and mass transit options that transformed the city. In a nine-episode podcast series appropriately called The Big Dig, Coss dives into the long, complicated history of the project, making a case for why the Big Dig was so much more than the boondoggle people think it was.
I talked to Coss about how the Big Dig came to be and the lessons we can learn from it as we continue to adapt our built environment to a changing climate. Our interview has been edited for length and clarity.
I moved to Boston for college in 2010, and I remember going to the North End and being struck by how beautiful it was. I didn’t realize how recently that view had changed until I listened to your podcast — I mean, the Big Dig had only wrapped up a few years earlier.
It’s easy to forget how quickly it transformed. I grew up in Massachusetts, so when I would come into the city I would see [the Big Dig] being built — I have vague memories of the elevated artery. And when I moved to Boston Proper in 2013, which was less than a decade after the project wrapped, it was stunning for me to be like, “oh, this is what that project was,” because I definitely didn’t understand it at the time.
What made you decide to create an entire podcast about this “renovation” of Boston?
I think part of it was this disconnect where I grew up hearing about the Big Dig and mostly hearing bad things about it — it was behind schedule, it was a disaster, a boondoggle, etc. — because that really was the reputation of the project, nationally and locally. And then moving to the city and seeing the fruits of it, it was hard to reconcile those things. Like, this “disaster” created a greenway through the middle of the city. Now you can actually get to the airport.
What was driving that narrative of its being a disaster?
The Big Dig went on a very long emotional journey. It started as this kind of visionary, idealistic project championed by activists and supported by politicians of both parties. And then, after navigating the process of funding, permitting, contracting, managing, and designing, by the time it's in construction, it really is not a source of pride.
There are a number of technical things about the Big Dig that could have been done better, and we can learn lessons from it. The way it was contracted could have been done better. The management structure could have been done better. There were flaws in the design, including a fatal flaw that cost the life of a driver in the tunnel.
I think a lot of it is about the storytelling. Just to give one example, so much of the negative narrative around the Big Dig was around the cost. You often hear about how it started with an estimated cost of $2 billion and wound up costing $15 billion. But I think that narrative misses a few things.
One is that it was never going to cost $2 billion. That was not a realistic estimate. But in our country, it is so hard to get approval, political support, funding, and permitting in place that there is a very strong incentive all throughout the process to downplay the costs, downplay the risks, downplay the disruption, make it sound like this is going to be quick and easy and painless and cheap, just to get to the starting line. Because the paradox of it is that if we had known in 1983 or 1987 or 1991 that this was going to be a $15 billion project, it would have never happened. And yet, in hindsight, there are many smart people who told me that this project was a bargain at $15 billion because of what we got in terms of economic benefits, transportation improvements, and environmental improvements.
There’s almost an element of asking for forgiveness rather than permission here, but that forgiveness is inevitably laced with anger because of those expectations.
Right. If only it were just forgiveness.
The Big Dig had its roots in the National Highway Program. Were all those projects going constantly over budget?
There’s a great paper that I cite in episode four where the authors studied the cost of highway building per mile every year from the 1970s through the 1990s, and it’s actually a great sample set because we’ve built so many highways of different sizes in different states. Basically, what they found is that highway costs per mile really ramp up significantly in the 1970s. And that’s, of course, the period when the [Big Dig] was first getting conceived.
So the short answer to your question is, it was cheaper once. But there were other costs, in that those early highways in the ‘50s and ‘60s largely did not consider the impact on communities or on the environment. They did not make a lot of mitigation efforts to minimize the day to day disruption caused by those projects. So I think part of what the Big Dig captures is this really historic change in the way we build things in this country that was ushered in by the anti-highway movements, by citizen activism, and by the National Environmental Policy Act. Over the course of the 1970s we made it much harder to build things, for very good reasons.
I think the Big Dig — which some people describe as the last great project of the interstate era — captures an attempt to do a massive, ambitious infrastructure project that is also loaded with environmental mitigation and also has a robust community process. Part of what we learned through that is that you can have a project that’s cheap and efficient, you can have a project that’s democratic and humane, but it’s tough to have it all. And the Big Dig was trying to have it all, and we did get it all, but at enormous cost. That was the thing that could never be solved.
You make a connection between the Big Dig and climate change right from the first episode. What are the climate lessons we can learn from the Big Dig?
In some ways, it’s ironic to hold up the Big Dig as a case study for climate change because it’s a highway project. My point is not that the Big Dig is, like, the future of infrastructure. But what it offers is a recent case study on a massively ambitious building project. We have some distance, and you can see the whole arc of it, but it very much lives within our era. It’s not the Hoover Dam or the Golden Gate Bridge or any of those other big projects built in a different time under different conditions.
The way I see it is that in order to mitigate or prevent the worst effects of climate change — and you can feel free to disagree with me — we’re going to need to build a lot of stuff. This is not a problem that we’re going to solve by riding bicycles and growing vegetables in the backyard, both of which I do and hope everyone does. And of course, those projects might look different than the Big Dig because building a wind turbine isn’t exactly analogous to building a downtown tunnel. But I think there are relevant analogies, especially things like coastal mitigation in cities, improving mass transit, building high energy transmission lines — these large scale projects that will affect people but also are an important public good.
You talked on the show about the Big Dig as an attempt to make this process more democratic at some level. People on both sides had very strong feelings about it. This reminded me of the NIMBY/YIMBY dichotomy of climate projects. Did anyone mention any best practices that could be applied to future projects of this kind?
I’ve talked with Fred Salvucci [former Massachusetts Secretary of Transportation and driving force of the Big Dig] about this. He mentioned this biblical parable — he’s full of parables — about Jesus walking across the water and then turning to his disciples and telling them to follow. But they step into the water and fall right in, and when they get back out they say it’s impossible. And then Jesus says, “It’s easy to walk across the water. You just have to know where the stones are.”
And Fred said the lesson there is that, in order to navigate this kind of process, you have to know where the flashpoints are, what the issues will be. That way you can anticipate them rather than just going in and saying “this is my project, I’m going to do it this way and you can fight me on it.”
Part of what I think is really interesting about this, which I think speaks to present-day projects like offshore wind, is that in that fight, you have very well-intentioned actors who are trying to make the project better and using the environmental process to do that. And you also have bad actors who are weaponizing and manipulating the environmental process to their own personal ends. And those two things get all mixed up.
You know, I’m an environmentalist. I believe in environmental review. I don’t want to sit here and say that we need to get rid of all environmental permitting because it makes it too hard to build things. But I think it’s also important to recognize that these things can be weaponized.
Scheme Z, which proposed this big spiral loop of ramps and a bridge over the river, is a good example. Politically, that became very messy — they were trying to impose concentrated harm in the name of a public good. And I know, strategically, maybe there are things [Salvucci] could have done to mitigate that or circumvent that, but given the structures in place, the logical outcome is that it spends a decade in lawsuits and review committees and you wind up with something that’s okay, that everyone can live with.
The funny thing about that is that it turned into the Zakim Bridge, which is now a Boston icon.
Right. I mean, that’s part of the communication piece, too.
I was biking under the Zakim bridge the other day, and I biked through where there’s a nice pedestrian and bicycle bridge and this skate park that is always filled with people. Truly, that is maybe the best utilized public space created by the Big Dig.
It’s easy for me to play Monday morning quarterback and say “oh, you should have communicated that better, you should have told the story better.” I mean, he was saying all the right things. But then all you had to say on the other side was “it’s 18 lanes and five ramps,” and that sounded terrible and looked terrible on the page. And I mean, sure, I wish there weren’t all those ramps there, but like you said, ironically, the bridge became an icon of the city.
I think a big part of the lesson for me is how hard it is to build infrastructure democratically because the timescales are all wrong. These things have short-term costs and cause short-term disruption and bring very long-term benefits.
I was constantly struck by this issue of scale, both in terms of time and money. It’s hard to wrap your head around the idea of billions of dollars and projects that span decades. These are just things that are impossible for any regular person to really plan out.
I was talking to someone who said that their dad was in his 70s when the Big Dig was just getting started. And for him, it was like, “my city’s going to be torn up for the rest of my life,” right? That’s what this project meant for him — he would live with this mess of a project and never see the results. And he had to deal with that so that you could move to Boston in 2010 and never know the city another way. The cost of that benefit is borne by another generation.
And it’s the same thing with climate change. It moves on a scale that is so much longer than politics. The Big Dig took almost 40 years from conception to completion. So if you’re thinking about political capital, if you’re thinking about two- and four-year election cycles, it’s very, very hard to conceive, plan, and deliver a project on that kind of time scale.
The benefits and costs are almost inverted in climate change, in a way. We’re talking about future benefits, yes, but we’re also talking about future costs if we don’t do anything. But it’s so hard to make people think in a 40- or 50-year timescale.
If the Big Dig was so hard to make happen politically with what I think was a more genial political environment overall, it feels kind of impossible to think of building anything on that scale right now.
I gave a talk at City Hall a few weeks ago and I was talking with some of the young planners there, people who are in their 30s. Some of them have been listening to the series, and they told me they could not imagine what it would be like to get that kind of federal funding out of Washington, get all the local players on board, get it through the permitting process, and get it contracted. Because right now if they try to take away one parking spot and put in one bike line, they’re bogged down in meetings for a year.
I think climate change is also the inverse of projects like this because with the Big Dig, for example, you can feel the tangible benefits of a quicker commute and a more beautiful city. But with climate change, if the projects work, you’d actually feel nothing.
Exactly. Climate change is way, way harder. A road project or a rail project will have benefits. You get ribbon cuttings and photo ops. But if we make Boston resilient to flooding or something, you know, do some big project that would improve the shoreline or whatever ideally, that historic storm surge may never come, or it’ll come and we’ll be prepared for it and nothing will happen. But yeah, you’re working with long term counterfactuals.
It feels to me like climate change was designed in a laboratory to flummox institutions. It takes all of our cognitive biases, our ingrained social and biological blind spots and weak points and just flicks them all at us at once.
All nine episodes of The Big Dig are out now. You can listen on the WGBH website, Apple Podcasts, Spotify, or wherever you get your podcasts.
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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.”