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New research reveals the U.S. has a plausible but narrow path to accomplishing its international climate commitments.

Here’s the good news: The United States is closer than it’s ever been to reaching its ambitious Paris Agreement goals. For the first time since President Joe Biden set a new and aggressive carbon-reduction target in 2021 — and for the first time, arguably, since the climate accord was signed in 2016 — America has a plausible path to accomplishing its international climate commitments.
Here’s the bad: The country still needs a few more big policies to get over the line. Cities, states, companies, and the federal government must slash carbon pollution in ways that go beyond what the Inflation Reduction Act, Biden’s signature climate law, will achieve. Even then, emissions must plunge more than twice as fast over the next seven years as they did over the past 17.
Those are the headline findings of a new report from the Rhodium Group, a California-based energy-research firm that produces independent analyses of American climate policy.
The report finds that in order to make its 2030 goal, the U.S. needs to cut emissions about 40% faster than current estimates project. That is doable, but it will require a broad societal effort, Ben King, an author of the report and an associate director at the Rhodium Group, told me. Rhodium dubs this playbook the “joint action” scenario.
“It’s totally appropriate to look at it and say [the Paris goals] are within reach,” he said. “But being within reach doesn’t mean it’s an easy reach.”
Those policies will not be easy to pass, although according to King, they should make economic sense: The policies and actions necessary to make the Paris goal should help American households somewhere on the order of $290 to $350 a year.

Under the Paris Agreement, the U.S. has committed to reducing its annual emissions 50 to 52% by 2030, as compared to the all-time high that they reached in 2005. For reference, American emissions were about 15.5% below their all-time high last year, according to an early estimate. So the country obviously has a long way to go.
Some emissions cuts are already baked in, however. Thanks to the Inflation Reduction Act, or IRA, America is on track to get its emissions about 40% below their all-time high by 2030, the report says. (There’s some uncertainty here: If fossil-fuel prices spike and the IRA is more successful than hoped, American emissions could fall as much as 42% below their all-time high; if fossil-fuel prices crash, renewable prices spike, and the IRA founders, then emissions may only fall 32% of the way below their all-time high.) So in order to make its Paris goal, the country must find an extra 10 percentage points of emissions cuts — and it must do so quickly enough to make a difference eight years from now.
So what will that require? Consider this a check list to making America’s Paris Agreement goals:
First, the Environmental Protection Administration must adopt a robust set of anti-pollution rules across several parts of the economy, King said. It must use the Clean Air Act to pass stringent new limits on how much greenhouse-gas pollution that power plants can pump into the atmosphere — and it must tighten existing rules on conventional air pollution, including toxic airborne mercury and smog that crosses state lines. The EPA also has to finalize its rules on methane pollution from oil and gas facilities, and it has to strengthen its rules for tailpipe pollution from cars and trucks so that they run to 2030.
Other federal agencies must take new actions, too. The Department of Energy needs to strengthen its energy-efficiency standards, which apply to home appliances, building equipment, and industrial machinery, King said. And the Department of Agriculture must finish setting up a program that pays farmers and foresters to use climate-smart practices.
These executive actions must then survive judicial scrutiny and remain on the books until 2030, enduring a change of presidential administration in 2024 or 2028. How likely is that? Not as improbable as you might think. Many of the rules, including the Energy Department standards and most of the EPA’s regulation, clearly falls within their respective agency’s authority, and Congress has already funded the program for climate-smart farming. But some rules, particularly the EPA’s greenhouse-gas rules for power plants, could test the conservative Supreme Court’s limits. Last year, that court struck down the EPA’s attempt to establish a carbon cap-and-trade scheme under the Clean Air Act; the justices also claimed the right to strike down any executive action that raises a “major” political question. But that ruling didn’t forbid the EPA from ever issuing carbon-related regulations, and the agency could publish a new and much simpler rule that will accomplish the same carbon cuts at greater cost.
Yet even an aggressive suite of federal rules won’t be enough to achieve the country’s 2030 goal, the report found. When layered on top of the IRA, those federal programs will get the country’s emissions only about 46% below their all-time high. The country still needs to find another four to six percentage points of emissions cuts in order to lock in Paris.
So states must step up. About 20 states belong to the U.S. Climate Alliance, a pact of largely Democratic governors who committed to meeting the Paris Agreement goals. Those states must adopt “best-in-class policies,” King said, including clean-energy standards, zero-emissions targets, and low-carbon fuel standards. They must fund and grow their public-transit systems. But even that won’t be enough. In order for the U.S. to meet its goals, every utility with a clean-electricity pledge in 2030 or 2050 must have either achieved its goal or be well on its way to doing so.
If all that happens — and fossil-fuel prices don’t collapse, solar-panel and wind-turbine prices don’t spike, and the IRA isn’t rendered ineffectual or repealed outright — then the U.S. could barely make its 2030 Paris goals.
This litany of policies might seem far-fetched, but remember: The IRA, which will take America most of the way to meeting its 2030 goal, itself once seemed impossible. Finishing that journey will require many smaller impossibilities. But such is the work when the prize — a wealthy economy that is well on its way to total decarbonization — is so sweet.
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The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
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.