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What happens when you can’t run and you can’t hide?

You did everything right.
You had your go-bag ready and you knew your evacuation route. You monitored the wildfire as it moved closer and closer to your home, and you kept the volume turned up on your phone so you could heed a “LEAVE NOW” notice if one came. When it finally does, jolting you awake in the middle of the night, you realize that you can smell the smoke inside. When did the fire get so close?
The power is out, so you make your way downstairs using your phone’s flashlight. You have to Google how to manually open the garage door since the electronic clicker doesn’t work (oh, so that’s what the red cord is for). Your heart is thumping, but you’ve made it, you’re in your car; you even remembered to keep it filled to half a tank in preparation. You pull out of your driveway and onto the dirt road that leads out of your rural neighborhood. The night sky ahead of you is a weird neon orange.
You have to hit your brakes when you reach the intersection at the main road. It’s completely backed up with other evacuees, their red taillights stretching ahead through the thickening smoke as far as your eye can see. Some of your neighbors are pulling their boats on trailers; there is an RV up ahead. And you can see the fire burning down the side of the hill now — toward you, toward the gridlocked traffic that isn’t moving.
Harrowing Fort McMurray wildfire escapeyoutu.be
Leaving your home is only the beginning of a wildfire evacuation. But the next step — the drive to a safe location — is usually given no more attention in preparedness guides than the reminder to “follow the directions of emergency officials.” In the best-case scenarios, where communication is clear and early and residents are prepared, that might be enough. But when communication breaks down, or fires move fast and unpredictably, traffic can reach a dangerous standstill and familiar roads can transform into death traps.
In 2015, some 20 vehicles were overcome by a fire while stuck in a traffic jam on Interstate 15 between Los Angeles and Las Vegas; on the same interstate in Utah five years later, a backup nearly became deadly as a fire burned up to the road’s shoulder and panicked travelers abandoned their cars. Fire evacuations in New South Wales, Australia, in 2020 resulted in a 10-hour backup, and Canada’s Highway 3 had bumper-to-bumper traffic earlier this month because it was the only road out of imperiled Yellowknife. In 2020, some 200 people had to be evacuated by helicopter from California’s Sierra National Forest after a fire cut off their only exit route.
And when people die in wildfires, they are often found in their vehicles. In Portugal, 47 of the 64 people killed during a 2017 forest fire were in their cars, trying to escape. At least 10 people were found dead in or near their cars after the 2018 Camp fire, the deadliest blaze in California’s history. And in Lahaina, Hawaii, this month, in what the Los Angeles Times has called “surely … the deadliest traffic jam in U.S. history,” the lack of advanced warning combined with inexplicably blocked roads led an untold number of people to perish in their cars while trying to evacuate, including a 7-year-old boy who was fleeing with his family; a man who used his last moments attempting to shield a beloved golden retriever in his hatchback; and a couple who were reportedly found in each other’s arms.
In a best-case scenario, emergency managers are able to phase evacuations in such a way that the roads don’t get backed up and residents have plenty of time to make it to safety. But wildfire is anything but predictable, and officials who call for an evacuation too soon can risk skeptical residents deciding to take a “wait and see” approach, where they only get in their car once things start to look dicey. In one 2017 study, only a quarter of people in wildfire-prone neighborhoods actually left as soon as they received an evacuation notice (other studies have found higher levels of compliance). This is the worst nightmare from an emergency management standpoint, since “evacuating at the last minute is probably the most dangerous thing you can do,” Sarah McCaffrey, one of the 2017 study’s authors, told The New Yorker.
Further complicating matters is the fact that many wildfire-prone areas are isolated or rural regions with a limited number of egresses to work with. One 2019 investigation found that in California alone, 350,000 people live in areas “that have both the highest wildfire risk designation, and either the same number or fewer exit routes per person as Paradise” — the site of the 2018 Camp fire, where backups on roads prevented many from escaping.
Evacuation traffic also doesn’t behave like the rush hour traffic we’re more familiar with. It’s “a peak of a peak,” with the congestion caused by “the sheer amount of people trying to leave and load onto the roadway at the same time in the same direction,” Stephen Wong, a wildfire evacuation researcher and an assistant professor of transportation engineering at the University of Alberta, told me. Burnovers and hazards like downed powerlines or trees can further reduce exit options, funneling all evacuees onto the same low-capacity roads. Worse, once that congestion starts to form, “you actually reduce the number of vehicles being able to go through that section,” Wong added. “So you go from 2,000 vehicles per hour [per lane], and it drops to, like, 500 vehicles per hour.”
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Households will also frequently evacuate with multiple cars — rather than leave a valuable asset behind to burn — and tow trailers, boats, and RVs. As a result, the average vehicle length increases by 3% during wildfire evacuations, one recent study that looked at the 2019 Kincade fire in California found — leading, of course, to even worse congestion. (Agonizingly, Wong’s research further uncovered that over half of evacuating households “had at least two or more spare seats available”). The Kincade study also discovered that drivers significantly slow down during wildfire evacuations — contrary to the common misconception of careening, panicked escapees — likely due to a combination of factors such as lowered visibility and more cautious driving.
Because “most [evacuation] research focuses on hurricanes and then tornadoes,” Salman Ahmad, a traffic engineer at the civil engineering firm Fleis & VandenBrink, told me, “traffic simulations — how traffic moves during a wildfire — are still lacking.” When emergency planners use computer models to calculate minimum evacuation times for their jurisdictions, for example, their assumptions can be deadly. “If you plan for an allocation considering normal traffic as a benchmark, you’re basically not making the right assumption because you need to put in that extra safety margin” to account for “the fact that people slow down,” Enrico Ronchi, a fire researcher at Lund University in Sweden and the author of the Kincade study, told me.
Wong agreed, stressing that the number of variables fire managers need to juggle is dizzying. “Evacuations are really complex events that involve human behavior, risk perceptions, communication, emergency management, operations, the transportation system itself, psychology, the built environment, and biophysical fire,” Wong said. “So we have a long way to go for evidence-based and sufficient planning that can actually operationalize and prepare communities for these types of events.”
And that’s the scary thing: A person or a community might do everything right and still be at grave risk because of all the unknowns. Evacuation alerts might not get sent or arrive too late; exit routes might become unexpectedly blocked; fires might leapfrog, via flying embers, to create new spot fires that cut off egresses. Paradise, California, famously had a phased evacuation plan in place and had even run community wildfire drills, but even the best-laid plans can unravel.
Tom Cova, a geography professor at the University of Utah who has been studying wildfire evacuations for 30 years, told me that “too many communities may be planning for the roads to be open, the wireless emergency alert systems to work, there not to be tons of kids at home that day — you can just go down the list of things that [could go] wrong and think, What’s the backup plan?” The uncomfortable truth is that we need plans B, C, and D for when evacuations fail. Because they will fail.
Take Lahaina, where a closed bypass road concentrated outbound traffic onto a single, jam-packed street. When people started to panic and abandon their cars, it ultimately further obstructed the road for everyone behind them. “It’s like a chain reaction, where each car is seeing the [people in the] car in front of them run,” Cova said. “And then you look behind you, you can’t back up. If you look to the sides, you’re stuck. And then you say, ‘We’re going into the ocean, too.’”
That improvisation ultimately saved some lives. But “it’s hard for emergency managers to order this kind of thing because what if people drowned?” Cova went on. “So you’re trading one risk for another risk.”
But the need for creative improvisation is also a conclusion that’s been reached by the National Institute of Standards and Technology (NIST), the government agency tasked with issuing guidelines and regulations for engineers and emergency responders. In new guidance released last week, NIST used the Camp fire as its case study and found “evacuation is not a universal solution,” explaining there are times when “it may be better for residents to shelter in their community at a designated safety zone” rather than attempt to drive out of town.
This is a somewhat radical position for a U.S. agency since evacuations have long been the foundation of American wildfire preparations. But the thinking now appears to be turning toward asking “what shelters do we have?” if and when a worst-case scenario arises, as Cova further explained to me. “Temporary refuge areas, high schools, churches, large parking lots, large sports fields, golf courses, swimming pools — I wouldn’t recommend using any of these things, and I wouldn’t recommend people being told to use them,” he said, “but [people] have to know what to do when they can’t get out.”
In the case of Paradise, for example, NIST reports that there were 31 such “temporary refuge areas” that ultimately saved 1,200 lives during the fire, including 14 parking lots, seven roadways, six structures, and a handful of defensible natural areas, like a pre-established wildfire assembly area in a meadow that had already burned and ended up serving as a refuge for as many as 85 people. Once established, these concentrated refuge areas can be defended by firefighters, as was the case for 150 people who memorably hunkered down to wait out the blaze in a strip mall parking lot. It’s far from a best-case scenario, but that’s still 150 people who would’ve otherwise been stuck in potentially deadly traffic jams trying to get out of town.
Temporary refuges are unplanned areas of last resort, but establishing a larger safety zone network and preemptively hardening gathering places like schools and community centers could also potentially reduce exposure on roads by shortening the distance evacuees need to travel to get to lower-hazard areas. So-called WUI fire shelters — essentially, personal fire bunkers that NIST warns against because they aren’t standardized in the U.S. but are popular in Australia — could also be explored. “That’s the direction we’re heading in with wildfire communities,” Cova told me grimly, “because we don’t seem to be able to stop the development in these areas. That means we’re forcing people into a corner where shelter is their only backup plan.”
Maybe this is difficult for you to imagine: Your community is different; a wildfire couldn’t happen here. You’d evacuate as soon as you got the notice; there’s no way you’d get stuck. You’re a good driver; you could get out without help. But as Lahaina and other “unprecedented” fires show, it’s the limits of our lived experiences that we’re up against now.
“We should think about possible scenarios that we have not seen before in our communities,” Ronchi, the Swedish fire researcher, said. “I understand that it’s a bit of a challenge for everyone because often you have to invest money for something that you have not experienced directly. But we are [living] in scenarios now in which we cannot anchor ourselves on our past experiences only.”
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Roads bring people, and people start fires.
The United States has more roads than you could possibly imagine. Eighty-three percent of the land in the Lower 48 lies within one kilometer of a road; if you’re seeking isolation, the furthest you can get away from one is likely only about 25 miles, in a far-flung corner of Yellowstone National Park.
The Trump administration wants to build even more. Earlier this week, the U.S. Department of Agriculture filed to rescind the nearly quarter-century-old Roadless Area Conservation Rule, which protects about 45 million acres of pristine national forest lands from the construction of — and dissection by — new permanent roads. The USDA’s given reason? That new roads will provide the access forest managers and fire practitioners need to better prevent wildfires in the nation’s most remote locations.
Fire ecologists immediately cried foul. Researchers have long understood that roads enable wildfire ignitions by bringing people — who are responsible for starting nearly 85% of fires — into the landscapes. Just this past January, new research found that wildfires ignited four times more often within 50 meters of a road than in an untracked, intact forest. “The notion that you can prevent fires by building roads seems to me precisely backwards when you look at what the science says,” Ben Goldfarb, the author of the road ecology book Crossings, told me.
But this past spring, Americans got a good idea of what wildfires look like when there aren’t roads around. Lightning storms in Northern Ontario ignited fires in an area so remote that officials found it “impossible to get firefighters on the ground” to fight them, per The New York Times, or even to react early with airplane water tankers. The result? More than 1.8 million acres burned in the province so far this year, with the resulting smoke causing the Midwestern U.S. and New England to experience some of its worst air pollution in decades.
“There’s a duality — roads are neither necessarily good nor bad from a fire perspective,” Eric Kennedy, an associate professor of disaster and emergency management at York University, told me. “They bring opportunities for ignition and they bring opportunities for firefighting.” Those opportunities include the aforementioned access for fire personnel, as well as serving as a fuel break so crews can gain a foothold against an approaching conflagration. In a populated area, more roads can also mean more evacuation routes when there is a disaster, preventing potentially deadly traffic jams.
Forest defenders were already suspicious of the administration’s motivations when it comes to wildfire policy. “There’s all of the Trump administration directives to increase logging on public lands, which rescinding the Roadless Rule helps to facilitate,” Goldfarb noted. Environmental groups have pointed to attempted legislation such as the Fix Our Forests Act, which removes obstacles for forest management methods, including timber harvest, as another example of how the administration is allegedly using wildfire as a cover to cut down and sell more trees.
Viewed in the context of recent changes by the administration to weaken the Endangered Species Act — namely, narrowing the definition of “harm” to a species to exclude disturbances to its habitat — rescinding the Roadless Rule can appear to follow a kind of rapacious internal logic that “wildlife doesn’t need habitat, and we can build roads wherever we want to disrupt” the forest, Goldfarb went on.
Fires igniting in remote areas is also not a new problem. Agencies adapt to the fire conditions in their areas, such as Quebec, which has an entire apparatus for fighting fires in tractless wilderness, including shuttling in fire crews via float plane. “You can fight fires via helicopter. You can also build temporary roads under the Roadless Rule,” Goldfarb said. As one Montana-based National Forest manager of 25 years recently wrote for a local newspaper, in his experience, “the Roadless Rule doesn’t pose an insurmountable barrier to good land management; it simply requires baseline analysis and thought before impacting the landscape.”
Those who are cynical about the Trump administration’s motivations also pointed me toward the grandiose scale of the Roadless Rule rescission. Fire managers frequently talk about the need for tailored, local, and precise responses to America’s wildfires, which run the gamut from grass fires to chaparral fires to forest fires in regions that both do and do not have histories of regular burning. Policymakers would more appropriately approach wildfire management fireshed by fireshed, they say, and through proposed management plans. Perhaps most notably, the Roadless Rule protects about half of the nearly 17 million acres of the Tongass National Forest, a temperate rainforest and one of the wettest locations in North America, which “does not experience wildfires like those in other places,” the Alaskan environmental conservation group SalmonState wrote in a statement with other advocates and business groups.
Most cynical, though, is the argument that the Trump administration is proposing rescinding the Roadless Rule at the same time that it has gutted the Forest Service that is supposed to maintain all those roads. The agency already struggles with an overwhelming backlog of maintenance projects, from washed-out bridges to erosion problems that impact the water quality in drought-stressed areas. If the USDA were really interested in using roads to combat wildfires, the line of thinking goes, then it would be investing more in the Forest Service, people told me, not less.
“The wildfire challenge really calls upon us to be able to hold different dimensions and different layers and seemingly contradictory ideas at the same time,” Kennedy said, again emphasizing that one can make the case that roads have benefits in certain contexts and scenarios. But while there may be a valid line of debate about when, where, and how roads can help with wildfire management, using the cudgel of a rescission, it doesn’t appear to be one the administration is interested in having.
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.”