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“The only common thread is the seeming desire of the court to aggrandize the power of the courts.”

The word “consequential” barely touches the importance of the Supreme Court’s decisions this term, as two cases — Loper Bright Enterprises v. Raimondo and Corner Post, Inc. v. Board of Governors — took a wrecking ball to the stability of the administrative state. Courts will no longer give deference to regulators to interpret statute and will permit new challenges against existing rules. Essentially, depending on whom you ask, anything goes.
So naturally, we had to ask. While the legal universe is still digesting these rulings, climate and environmental law experts had plenty of opinions about them, as lawyers tend to do. Here’s what we heard:
The Supreme Court has been on a campaign to weaken environmental regulation. In 2016, it halted implementation of President Obama’s Clean Power Plan without explanation. In 2022, it issued the devastating opinion in West Virginia v. Environmental Protection Agency, finding that the EPA couldn’t go very far in using the Clean Air Act to fight climate change because the statute isn’t specific enough. In 2023, the court in Sackett v. EPA greatly reduced the coverage of the Clean Water Act.
That campaign intensified this year. On June 27, 2024, in Ohio v. EPA, it struck down a life-saving Clean Air Act rule based on exceedingly narrow technical grounds that Justice Amy Coney Barrett, in her dissent, found were completely off base. The same day, in SEC v. Jarkesy, the Court said that agencies could not use long-established administrative processes to impose certain kinds of penalties. On June 28, the court reversed the Chevron doctrine in Loper Bright Enterprises v. Raimondo. On July 1, in Corner Post, Inc. v. Board of Governors, it said that corporate defendants can challenge federal regulations long past the usual statute of limitations. And this campaign may continue: on June 24 the Supreme Court agreed to hear Seven County Infrastructure Coalition v. Eagle County, which may shrink the coverage of the National Environmental Policy Act.
The next election will determine whether the 6-3 conservative majority may be enlarged and rejuvenated to last another generation, or — depending on the fates — may shrink or be reversed.
For good reason, the last day of the Supreme Court’s term will be known for its decision giving presidents incredibly broad immunity from criminal prosecution. But another decision that will play a major role in restricting the ability of the executive branch to protect the environment should not be neglected. Corner Post effectively eliminated what had been a six-year statute of limitations for challenging federal regulations. The impact of Corner Post will amplify the effect of last week’s opinion overturning the Chevron decision, which had held that the judiciary should defer to reasonable legal interpretations made by the executive branch.
The Court announcing that it will take a much more aggressive role in replacing the judgment of regulatory experts in the executive branch with their own judgments will have particularly dire consequences for environmental regulations. What they see as “excessive” environmental regulation is one of the central reasons why conservative legal activists wanted the Chevron doctrine overruled. It’s not a coincidence that last week, the court also prevented a federal regulation of air pollutants from going into effect, one of a long series of Roberts court rulings undermining environmental regulation. And in a darkly comic illustration of what a bad idea it is to replace the judgment of EPA experts with that of arrogant, power-hungry judges, in his opinion for the court, Justice Gorsuch confused “nitrous oxide” (commonly known as “laughing gas”) and “nitrogen oxides” (the pollutant the EPA sought to regulate.)
People who want to stop environmental regulation will not be laughing when considering the effects of this Supreme Court term. Conservative lawyers will aggressively forum-shop for judges hostile to environmental regulations to bring challenges even to long-settled rules, and the authority of the EPA will be under constant threat as the planet continues to warm.
The combined effect of the Corner Post and Loper decisions may not be immediate, but they will be profound. They will make it harder for agencies to do their work, and easier for challengers (especially very well-funded challengers) to attack and delay actions.
The two opinions are hard to reconcile. In Loper, the opinion cites Chevron as "fostering unwarranted instability" in the law, but in Corner Post, the court has added extreme instability by leaving open-ended the question of when a regulation is ever settled. The only common thread is the seeming desire of the court to aggrandize the power of the courts.
Specific to climate, notwithstanding the statement in the opinion that Loper does not reopen prior holdings that used the Chevron framework, it is hard to imagine that such challenges will not be forthcoming. In particular, opponents of the finding in Massachusetts v. EPA may see Loper and Corner Post as an opportunity to reopen that 2007 case, especially as the court seems quite ready and willing to overturn past precedents.
Finally, we have examples of how pre- Chevron litigation worked under the Clean Air Act — and these examples should give as much pause to conservatives as to progressives. Courts are not likely to function well as regulatory agencies. The original Chevron decision was favored by conservatives at the time; post-Chevron, conservatives may regret that they got what they asked for.
The Supreme Court’s rulings this session jeopardize critical environmental protections and climate progress and are likely to wreak chaos across the regulatory landscape. In Corner Post the Supreme Court upended the statute of limitations for challenging many government regulations, opening the door to hundreds of new corporate challenges to long-established protections we all take for granted. And in Loper Bright, the court displaced the long-standing Chevron doctrine by shifting power to judges and sidelining the expertise of agency staff who live and breathe the science and safety concerns that federal agencies specialize in.
In combination, the cases tip the balance of power away from everyday Americans that depend on commonsense protections to industry groups that believe they will financially benefit without any limitations in place. We’re ready to fight back to make sure this conservative supermajority doesn't leave us with a patchwork of inconsistent rulings and an annihilation of the regulatory structure and critical protections that keep us safe and healthy.
The Supreme Court's decisions, in combination, make it clear that the Court intends to insert itself as, in Justice Kagan's words, the country's “administrative czar.” Those decisions give courts control over a wide array of scientific, technical, and policy choices necessary to effectively implement our laws protecting clean air, clean water, and affordable and reliable energy (and much more). That is likely to prove corrosive to climate policy; judges lack the accountability, expertise, and experience of agencies like the EPA or the Department of Energy.
But the primary drivers of decarbonization — economics and public investments to accelerate the clean energy transition, like the Inflation Reduction Act — remain relatively insulated from judicial interference. So while the court's decisions make the likely pathway to decarbonization less steady, science-driven, and predictable, it should not derail our ongoing progress towards achieving our climate goals over the long term.
Undoubtedly, the Supreme Court’s decisions in Corner Post and Loper Bright will make it easier for plaintiffs to prevail in legal challenges to environmental regulations. But we should be careful to keep things in perspective. The end of Chevron deference means that agency interpretations of statutes will get more judicial scrutiny than they did before, but even under Chevron deference it was limited by such things as the major questions doctrine. Agency interpretations are still likely to prevail in many cases. Similarly, while the changes to when the statute of limitations begins to run will allow additional challenges to be brought, a regulation that has already survived earlier legal challenges is likely to be upheld again if challenged by a new plaintiff later on. Agencies like EPA or the Federal Energy Regulatory Commission do not need to be insulated from judicial review in order to be able to function. If they do, that suggests a deeper problem with the administrative state.
In its regulatory jurisprudence this term, the Supreme Court has fundamentally changed the playing field for environmental regulation, making it much more difficult for agencies to use the flexibility that Congress has attempted to provide to protect the environment. This is likely to be felt especially where agencies are trying to tackle new problems using older statutes. The ball is now in Congress's court to protect the American people by regularly improving the nation's environmental laws, ensuring that federal regulatory programs that prevent pollution and preserve our country's natural resources for future generations are not lost forever over legal technicalities.
Taken together, Corner Post and Loper Bright fire the starting gun for an onslaught of lawsuits challenging long-settled regulatory programs. (They also sound the dinner bell for amoral corporate law firms.)
Judicial conservatives have long proclaimed the need for judicial minimalism and caution. Judges, they say, are not elected, and have no business making policy from the bench. They should decide individual cases and focus on the facts in front of them to avoid ripple effects that they can’t foresee and can’t easily fix.
This conservative supermajority is instead heedlessly pursuing a political agenda. By rewriting settled precedents to pursue a holy war against federal regulations, the court is truly legislating from the bench. And in justifying all this by citing idiosyncratic views of the separation of powers, the court is practically holding a new constitutional convention behind closed doors.
The Supreme Court has made it clear that legal precedents and the plain language of statutes will not slow their crusade to destroy the modern regulatory state at the behest of their wealthy benefactors. Justice Ketanji Brown Jackson got it right in her dissent in Corner Post: “At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court's holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”
This tsunami of lawsuits will result in less consistent statutory interpretations based on individual courts' views on government regulation generally and on the matter at hand. The court's power grab lays bare the importance of civil society and elected officials finding ways to rebalance the relationships between the three branches of government and supporting the ability of federal agencies to implement federal laws effectively.
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The number of data centers canceled after pushback set a record in the first quarter of the year, new data from Heatmap Pro shows.
Data centers are getting larger and larger. But even so, few are as large as the Sentinel Grove Technology Park, a proposed data center near Port St. Lucie, Florida.
The proposed facility — which became known as Project Jarvis — was set to be built on old agricultural land. It would use up to 1 gigawatt of electricity, enough to power a mid-size city, and bring in up to $13.5 billion in investment to the county.
The project was immediately controversial. But its developers anticipated issues: They would build their own self-contained, self-provided water facilities to service the project, and they agreed to set its 60-foot buildings back far enough from the road so that they couldn’t be seen by drivers.
It wasn’t enough. The project lost a key vote in the planning board in October. And in February, Project Jarvis’s developers withdrew their land use application entirely after Governor Ron DeSantis proposed AI regulation in the statehouse.
The facility was the largest data center project canceled after facing opposition in the first quarter of 2026. But it wasn’t the only one.
At least 20 proposed data center projects were canceled after local pushback during the first three months of 2026, smashing a record set only in the previous quarter, according to a review of press accounts, public records, and project announcements conducted by Heatmap Pro.
These canceled projects accounted for more than $41.7 billion in investment and represented at least 3.5 gigawatts of electricity demand.
The cancellations reveal the rapidly expanding backlash to data center construction has not yet peaked. From Georgia to Pennsylvania, locals have rebelled against newly proposed data centers, even when the planned facilities are not planning to run artificial intelligence models.

If anything, fights over data centers are surging now. Heatmap Pro’s researchers added roughly 100 new data center fights to their database during the first three months of the past year, a new record.
These fights are succeeding in terminating projects. Last year, roughly 25 data center projects were canceled nationwide after facing some type of local opposition, according to Heatmap Pro data. The country is likely to break that record in 2026 over the next few weeks, our data suggests — only five months into the year.
At least $85 billion in data center projects have been canceled over the past three years, according to Heatmap Pro data.

These numbers haven’t been previously reported. Over the past year, researchers at our intelligence platform Heatmap Pro have conducted a comprehensive national survey of local opposition to data center construction. They have regularly called every U.S. county to tally data center cancellations and any new rules limiting data center construction.
This data is normally available to companies and individuals who subscribe to Heatmap Pro, but we periodically publish a high-level summary of this data. We last released our results in January.
Current conditions: The East Coast’s Acela corridor is cooling down this week, with temperatures dropping from 85 degrees Fahrenheit in Philadelphia yesterday to the 60s for the rest of the week • Cape Agulhas is under one of South Africa’s Orange Level 6 warnings for damaging winds and dangerous waves • Floods and landslides in Brazil’s northern state of Pernambuco have left six dead and thousands displaced.
The Securities and Exchange Commission has advanced a measure to formally end Biden-era climate disclosure rules for publicly-traded companies. The regulator sent the proposal to the White House’s Office of Management and Budget for review on May 4, according to a post on a government website first spotted by Bloomberg. The Wall Street watchdog’s 2024 disclosure rule mandated that publicly traded companies report on the material risks climate change poses to their business models, including the financial impact of extreme weather. Some large companies would have been required to disclose Scope 1 emissions, which are produced by the firm’s own operations, and Scope 2 emissions, which are produced by companies with which the firm does off-site business such as electricity. The rule had already been watered down before its finalization to remove Scope 3 emissions, which come from suppliers up and down the value chain and from customers who use a product such as oil.
In an even bigger move, the SEC also proposed scrapping mandatory quarterly reporting for U.S.-listed companies, instead switching to a twice-yearly filing. The idea, which President Donald Trump first floated years ago as a way of getting companies to focus on longer-term goals, “would provide companies with increased regulatory flexibility,” SEC chair Paul Atkins told the Financial Times. “Public companies have an obligation under the federal securities laws to provide information that is material to investors. Yet, the rigidity of the SEC’s rules has prevented companies and their investors from determining for themselves the interim reporting frequency that best serves their business needs and investors.” While cast as part of a larger deregulatory push, the move could actually be a boon to climate action. Supporters of decarbonization have long lamented how quarterly reporting norms disincentivized costly bets that take longer than three months to pan out.
If you have ever body surfed in the ocean — or observed how docks and peers weather over time — it’s easy to intuit why harnessing renewable energy from waves is so tricky. Among experts who often list wave energy along with tidal power as two sources of underdeveloped but potentially promising renewable energy, the latter has long been considered the more commercially viable, with turbines harnessing tidal flows already in operation in France and elsewhere. Wave energy, by contrast, has been perceived as a riskier frontier in the energy industry.
That didn’t stop wave-energy startup Panthalassa from raising $140 million in a Series B round led by Silicon Valley billionaire Peter Thiel this week as the company looks to develop floating data centers that can operate in open ocean. The financing will fund the completion of the company’s pilot manufacturing facility near Portland, Oregon, and speed up deployment of its Ocean-3 series of facilities that “will perform AI inference computing at sea” with power generated from ocean waves.
“There are three sources of energy on the planet with tens of terawatts of new capacity potential: solar, nuclear, and the open ocean,” Panthalassa CEO and co-founder Garth Sheldon-Coulson said in a statement. “We’ve built a technology platform that operates in the planet’s most energy-dense wave regions, far from shore, and turns that resource into reliable clean power. We’re now ready to build factories, deploy fleets, and provide a sustainable new source of energy for humanity.” The deal, per the Financial Times, values the company at about $1 billion. “The future demands more compute than we can imagine,” Thiel said in a press release. “Extra-terrestrial solutions are no longer science fiction. Panthalassa has opened the ocean frontier.”
The company has some competition. Earlier this year, the San Francisco-based Aikido Technologies launched a new line of floating platforms for deep-water offshore wind turbines that include data centers built into the ballasts.
Allow me to give you a glimpse into the anxious mind of a young father: Sometimes, I distract myself from my fear over what global weather patterns might look like by the time my one-year-old daughter is my age with my more urgent terror over what particulate matter is entering her perfect little lungs and what microplastics sneak into even her home-cooked meals. Well, worry not! Turns out the two aren’t mutually exclusive. In theory, I knew this was always the case, since the rise of plastic pollution is at least somewhat spurred on by oil and gas companies making big money off the feedstocks for the cheap, single-use plastics that break down into dangerous tiny particles in our environment. But new research shows that microplastics in the atmosphere are actually magnifying the effects of climate change. In a new paper published in the journal Nature Climate Change, scientists in China and the U.S. outlined how tiny, colored plastic bits absorb sunlight as the wind blows them around the world, trapping heat and adding to temperature rise. “The plastic problem is not just in our blue oceans, it is also in the invisible skies above us,” Hongbo Fu, a co-author of the study and an atmospheric scientist at Fudan University in Shanghai, said at a press conference, per Bloomberg. “Climate models need to be updated.”
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Like wave and tidal power, geothermal was once a sleepy corner of the clean energy world. But next-generation startups that promised to use new drilling techniques to harness geothermal energy in more places than ever thought possible are radically upending an industry that saw its largest power station — the Geysers in California — built in the 1960s and hitherto hadn’t aimed higher. Until a few years ago, next-generation geothermal drilling was esoteric even among energy nerds. But things change quickly in the modern energy business. Fervo Energy, the first major next-generation startup to prove that fracking technology could be used to revolutionize geothermal power, is now eyeing a $6.5 billion valuation. That’s according to a document the company filed with the SEC this week as it prepares to raise more than $1.3 billion in an initial public offering of its stock.
Fervo sees a big market. As Heatmap’s Matthew Zeitlin wrote last month when the company first filed to go public, Fervo told investors its reviewed leases represent over 40 gigawatts of energy. That’s equal to about 15% of all installed solar capacity in the U.S.

The United Arab Emirates already ranks as the world’s seventh-largest producer of crude, and could ascend as the country’s exit from the Organization of the Petroleum Exporting Countries frees Abu Dhabi to pump for oil. The UAE’s debut atomic power plant — the four-reactor, Korean-built Barakah station in Abu Dhabi — set a new standard for nuclear construction in a Western-aligned nation and vaulted the federation of monarchies to the forefront of global discussions about fission. Now the UAE is making a big move on solar. Abu Dhabi’s state-owned renewables developer Masdar has signed a deal with Emirates Water and Electricity Company to deploy more than 30 gigawatts of solar capacity and 8 gigawatts of batteries. “As the driving force behind the UAE’s energy transition, EWEC is at the forefront of a global shift towards sustainable, utility-scale power and water production,” Ahmed Ali Alshamsi, the utility chief in charge of the Emirates Water and Electricity Company, told PV Tech. “This CFA with Masdar is a pivotal strategic tool that empowers us to accelerate this transformation and meet 60% of Abu Dhabi’s total energy demand from renewable and clean sources by 2035.”
Norway led the world in electric vehicle adoption. It’s now at the forefront of autonomous vehicle adoption. Europe’s first self-driving bus without a supervisor onboard is set to be rolled out in the southwestern city of Stavanger following a recent regulatory change. While the bus still requires preparation by a human before operating, the project has been underway since 2022 and represents Europe’s most advanced public deployment of the technology.
Rob talks with the billionaire investor and philanthropist about how energy, Chinese EVs, and why he’s “very optimistic” that Congress will pass permitting reform this year.
If you work around climate or clean energy, you probably know about John Arnold. Although he began his career as a natural gas trader, Arnold has since become one of the country’s most important clean energy investors. He’s the chairman of Grid United, a transmission development firm undertaking some of the country’s most ambitious power line projects, and he is an investor in the advanced geothermal startup Fervo. He and his wife Laura run the philanthropic organization Arnold Ventures.
On this week’s episode of Shift Key, Rob talks with Arnold about the current energy chaos and what might come next. They discuss Arnold’s first trip to China, whether Congress might pass permitting reform this year, and what clean energy companies should learn from the fossil fuel industry.
Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap News.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, or wherever you get your podcasts.
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Here is an excerpt from our conversation:
Robinson Meyer: What needs to change or what needs to happen between now and, say, the end of the year for [a permitting deal] to actually get done?
John Arnold: So I think on an election year, it's very unusual for any big piece of bipartisan legislation to get passed, really, the whole year. And so what we're really looking at is most likely is that it would get passed after the election in the lame duck period. And so you start working backwards from there and really need to have language that's agreed upon in the next 45 days. It's hard to work over the summer. Congress scatters. Everybody scatters. Then you come back. There's a little bit of work time in September, and then everybody's focused on the elections. So the bill needs to get written today. And then again, in the next 45 days, and there's a lot of work happening behind the scenes. So again, sometimes it's hard to know exactly where it is, but everybody's saying the right things. There's been fits and stops to date, particularly when the administration hit the pause on offshore wind. They've made some changes. They brought Senator Whitehouse back to the negotiating table, for instance. So again, everything I think is looking good, but getting anything passed in D.C. these days might be a long shot.
You can also find a complete transcript of the episode on Heatmap.
This episode of Shift Key is sponsored by Salesforce.
Salesforce is the No. 1 AI CRM, where humans with agents drive success together. We invest in bold climate technologies and leverage agentic AI to accelerate nature-based solutions that benefit people and the planet. Learn more. You can also learn more about Salesforce's investments in watersheds here.
Music for Shift Key is by Adam Kromelow.