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Do you want a light tailwind or a full-on hurricane?

“The only thing better for the climate than buying an EV over a gasoline-powered car is buying no car at all,” the climate scientist
Rob Jackson has written. But for many Americans, not having a car at all is the stuff of logistical and cultural nightmares. The average person living in the U.S. covers more than 1,000 miles per month in their vehicle, and nearly 45% of people don’t even have the option of opting for public transportation. Ditching your car? You might as well ask people to give up their cell phones.
But across the country, transportation advocates and e-bike warriors are looking for solutions to go, if not entirely car-less, then at least car-light. Heatmap has put together a comprehensive guide to help you make a decision that best fits your lifestyle, whether that’s becoming a superpedestrian, a committed e-bike user, or just trying to replace a couple of short-haul drives a week.
Doug Gordon is the cohost of “The War on Cars,” a podcast about the fight against car culture. He is also a writer, TV producer, and safe streets advocate, and he advises nonprofits and mobility companies on communications strategies to promote better streets and public infrastructure through his Brooklyn Spoke Media consulting business.
Alexa Sledge is the director of communications at Transportation Alternatives, a nonprofit organization that has worked to promote non-polluting, safe, and quiet travel in New York City since 1973.
Bryan Dean is the sales manager at The eBike Store in Portland, Oregon, which opened in 2008 as the city’s first e-bike-only retailer. He’s spent over six years helping customers pick out their perfect bikes and is also the creator of the #eBikeAnywhere hashtag.
Kevin Lau is a product specialist at REI with more than 20 years of experience. He is based out of Marlton, New Jersey.
Only 8% of U.S. households currently get by without owning a car, and less than 1% of Americans commute to work by bike. The U.S. is so driving-centric that we’re home to one-fifth of all the cars on the planet despite having less than 5% of the global population. Eleven states have more registered vehicles than people.
But just because driving has always been your default doesn’t mean it makes the most sense for the kind of travel you do — even if you live somewhere without great public transportation. Over half of all trips Americans make in a car are for a distance of less than three miles — perfect to convert into a bike ride.
“I think of mobility like a Swiss army knife: You have to use the right tool for the job,” Gordon told me. “If I just need to pick up a carton of milk, does it make sense to do that in a 6,000-pound metal box on wheels that is powered by dinosaur juice? Not so much.”
On average, commuting by bike in the U.S. saves an estimated $2,500 per year, and it has been found to have massive benefits for one’s mental health, cardiovascular health, and even productivity at work. Yes, even e-bikes!
“If you go to places like Copenhagen or Amsterdam — places where there are huge numbers of cyclists — and you poll those people, concern for the environment barely cracks the top five reasons why they cycle,” Gordon said. “The reasons why people cycle in Denmark and the Netherlands are because it’s safe and convenient, and it’s often the fastest and cheapest way to get where they’re going.”
Transportation is the most significant contributor to climate change in the United States, with nearly 60% of the sector’s greenhouse gas emissions coming from cars alone (another 23% comes from trucks). Replacing a quarter of your total driving with walking, biking, or e-biking could save 1.3 tons of greenhouse gas emissions per year, according to our friends at WattTime — about the same as forgoing burning 1,433 pounds of coal or three barrels of oil. If every American drove even a mere 10% less per year, it’d be like taking 28 coal-fired power plants offline.
You can still make a significant impact without ditching your car, in other words: You simply have to drive less. And the upsides are enormous. More Americans die of car pollution than in car accidents every year. Additionally, commuting by bike or by foot makes us healthier and happier.
It also helps us realize what our community priorities should be. “Individual action is not always what we need to focus on,” Gordon said. “We need to focus on institutional change. But my philosophy is that lots of individual action actually adds up to the political will to get the institutional change you need.”
A survey of studies from five countries (including the U.S.) found that the main barriers to cycling were low perceived safety, bad weather, lack of cycling infrastructure (including “shower facilities” at one’s destination), and distance and perceived effort.
Safety is a valid concern. Riding a bike is about 500 times more likely to be fatal than riding a bus, according to a 2007 study; even with the success of programs like New York’s Vision Zero, collisions with cars remain a real danger for people on bikes. The car-related pollution inhaled while cycling can also shorten a cyclist’s life by an estimated one to 40 days. But the benefits of cycling on average far outweigh the risks: Riding a bike adds an estimated three to 14 months to your life, even when the possibilities of collisions and air pollution are considered. The health benefits are so significant that a separate study by Swedish researchers found that cyclists had a 47% lower risk of early death and a 10% lower risk of hospitalization compared to car and train commuters.
What about concerns about shower availability and the “distance and perceived effort” of riding a bike? That’s where the advantages of an e-bike’s pedal assist come into play. “E-bikes are great at blasting through any concerns you have about sweat,” Gordon told me. Even in hot weather or on difficult terrain, pedal assist can keep you looking fresh when you arrive at the office.
The first step to driving less is thinking about when and where you can replace specific trips with walking, cycling, or public transportation instead. Lau told me his general rule of thumb is that if a trip is less than a mile and he can safely walk (i.e. if there are sidewalks or safe paths), then he’ll walk. “If it’s more than that, I’ll take the bike if I have a place to lock it or can bring it into my workplace or store,” he said. For trips where he might need some extra assistance — that are farther, longer, hillier, or will require carrying “more cargo without working as hard,” he’ll opt for an e-bike instead.
You can do a lot of this reconnaissance from your couch. Apple Maps and Google Maps can take a lot of the guesswork out of finding the best bike paths to and from your house and the other places you frequent, including informing you ahead of time if the route will require riding on major or minor roads or ones with protected bike lanes. Google and Apple Maps can also give you real-time information about public transportation options in your area (as well as allow you to plan for trips when service might be reduced, like late nights or weekends), and many transit systems now have their own apps to make tracking delays or alternative service simpler.
It’s funny how you don’t realize where the long, slow inclines are in your neighborhood until you’re huffing up them on a bike. Google Maps and Apple Maps can show you what elevation to expect on a walking or cycling route. If you live in a hillier area, an e-bike might be better than a traditional bike since it can take some of the ouch out of the ups.
“Something really, really important that people don’t always think about is gear,” Sledge told me. “It doesn’t necessarily have to be expensive, but if you can only ride your bike when it’s 80 degrees and sunny, that’s not the best scenario.”
If you live somewhere where it gets hot, rainy, snowy, windy, or the weather can change unexpectedly, think ahead of time about the sort of gear you’d need to make cycling or walking more comfortable. (We have a checklist of ideas below.)
California, Colorado, Connecticut, Hawaii, Massachusetts, New York, Oklahoma, and Vermont all have statewide tax credits or rebates to encourage e-bike adoption.
Live somewhere that isn’t on that list? Here is a super handy tracker from the Transportation Research and Education Center at Portland State University of more than 100 counties, cities, and municipalities that offer e-bike incentive programs. Also, look for e-bike lending libraries that might be in your area.
If you’re having trouble learning about the programs available to you, head into a brick-and-mortar e-bike shop in your area or connect with your local transportation advocacy group — they’ll know what programs you can take advantage of and be happy to point you in the right direction.
Do you know what bike enthusiasts love more than anything? Creating new bike enthusiasts. If you’re still feeling intimidated by the idea of getting on a bike — or even if you’re not — “find a friend who’s already doing it,” Gordon suggested. Bike people are “an evangelical bunch, and if you tell a friend who you know is into biking or bike commutes regularly that ‘Hey, I’m thinking of doing it,’ I can guarantee that person will be more than happy to hold your hand and help you through your first ride.”
There are dozens of emissions-free or emissions-light transportation options, from using your own two feet to digging the old beater bicycle out of your garage to going full Steve Wozniak with a Segway. The most important thing is to something you’ll actually use.
That said — “What’s really going to be the best option for most Americans is an e-bike,” Sledge told me. “That’s a true car replacement when so often a [traditional] bike can’t be a true, true, true car replacement.” E-bikes are simply more practical and comfortable for longer rides or daily commutes, and if you need to haul things like groceries or children, they can’t be beaten.
I’ve looked at all my options and don’t think I can drive any less than I already do. What can I do instead?
There’s no way around it: E-bikes are pricy. “An e-bike is going to be a big purchase — nowhere near as much as a car, but still, it’s a major purchase,” Sledge said. Even with incentive programs (more on that below), you’re likely to spend more than $1,000 out of pocket.
It is tempting to look for a bargain. But Dean stressed that manufacturers and bulk retailers are “sacrificing a lot” in terms of quality and service to make a profit at lower price points. As a rule, “If you’re spending less than $1,000 on any bike, it’s landfill,” he said. “And that waste is toxic — odds are, it isn’t going to be recycled properly.”
Gordon suggested that if you’re concerned about how often you’ll use an e-bike, it makes sense to get “a cheap regular bike” initially. “Then you can figure out if this is something you want to do in the long term, and after a few weeks, or a month, or a year, you can go, ‘Okay, I’m ready for the $1,000, $2,000, $5,000 bicycle.’”
Perspective is important, too. Yes, e-bikes are expensive — if you compare them to regular bikes. “If you compare them to cars, they’re a bargain,” Gordon said. “E-bikes are a replacement tool; they’re not an upgrade from other bikes. So if you’re a family with two cars and are going down to one, getting a $2,500 or even $5,000 e-bike is a relative bargain.” Additionally, many retailers — including The eBike Store in Portland, Oregon, where Dean works — offer installment plans to help make the purchase more manageable.
Conversion kits are a popular way to convert an analog bike you already own into an e-bike by attaching a motor to the front hub, rear hub, or mid-drive. Many of these kits can be found cheaply on websites like Amazon, though The Washington Post warns that it is still a “very Wild West market” and to only buy batteries from reputable e-bike battery brands (low-quality batteries are more likely to start fires). While converting to an e-bike might be a good option for you if you want to dip a toe in the e-bike water, you’ll still need to spend several hundred dollars to get a kit that gives you the same oomph as an actual e-bike. That said, whatever option gets you on a bike is the best one, and if you’re converter-kit curious, here’s a good guide for learning where to start.
“Buying a bike at a brick-and-mortar store from competent, kind people who love their job — customers are going to have a fantastic experience,” Dean told me. “They’re going to get a great taste for the bike, which means they’ll be riding it a lot. We’re not in the business of selling bikes that sit and rot in someone’s garage.”
It is especially important to go to a store with e-bike specialists on staff (rather than a bulk retailer like Costco — or worse, anything online) because the mechanics will have checked the bike over and adjusted the safety points so it’s ready to go. “You’re going to get educated and get a strong appreciation of the beautiful tool that you are buying, and learn how to operate it and make it last,” Dean added.
Most importantly, though, ensure you take the bike for a test ride before handing over your credit card. Any retailer worth its salt will offer this as an option; the best retailers will take you on a guided test ride, where they’ll teach you how to use the e-bike you’re trying out. But the bottom line is, “Don’t buy a bike that you haven’t ridden,” Dean said. “Ride the bike before you buy it; that’s in all-caps with smiley faces and exclamation points. Don't buy the bike if you can’t ride it first.”
“Buy the bike that’s going to put the biggest, dumbest smile on your face.”
Dean said he points riders looking to log miles to the Specialized Como. “When you’re commuting long miles, you want something comfortable, something that’s reliable, something that has a strong enough motor that will get you where you’re going and a big-enough battery that you’re not going to sweat it,” he said. The Specialized Como is also an excellent choice for people who want to “show up to work not sweaty” but maybe get a little bit more of a workout on the way home.
If you prefer commuting on a traditional bike, Lau suggested REI’s ADV 1.1, a road touring bike, or the CTY 1.1 bike, a less-expensive hybrid built for logging longer distances and enduring the daily wear-and-tear of a commute. His e-bike pick for commuters is the CTY e2.2, a popular, well-reviewed, and accessible commuter bike specifically marketed to “replace car trips.”
Dean loves to recommend Tern bikes to people who want to make trips with their kids. “They’ve been doing this for a long time, they have tons of great accessories, and they use Bosch power systems,” he said — all points in the bike’s favor. That customizability and reliability make it a good fit for families who want to be able to tailor the bike to their needs and price point while also not having to worry about it breaking down in the middle of a toddler’s meltdown.
But there is one other primary reason why Dean points parents to Tern. “All of their bikes are rider first, cargo behind” — versus bucket bikes that put the cargo in front of the rider. While the latter design is also popular, it also means that if you’re trying to squeak out into traffic, you’re nosing your most precious cargo ahead of you, into potential harm’s way.
Lau offered three options for e-bikes that won’t make you miss the trunk of your car, starting with the Cannondale Cargowagen, which can lug up to 440 pounds — that is a lot of Chili & Lime Flavored Rolled Corn Tortilla Chips. Its range isn’t quite as good as some other bikes on the market — the battery is 545 watt-hours — so it’s probably a better fit for people who live in higher-density areas or near their preferred market. (You can always buy a second battery if you want a little more range.) The Cargowagen is also a class 3 bike, meaning you won’t have to worry about the ice cream melting before you can get home.
Like Dean, Lau loves to recommend Tern bikes for handling heavy loads, especially the Tern GSD S00, which conveniently folds up so it can even be stored in an apartment or transported in an elevator while still being compatible with Tern’s line of cargo-carrying products — but at almost $6,000 before add-ons, it’ll likely be out of many first-time e-bikers’ budgets. Tern’s Vektron S10 is a less expensive option and still has the power to handle hilly roads with six Trader Joe’s bags in tow. (Note that both Terns are class 1 bikes, meaning the pedal assist tops out at 20 miles per hour.)
“Lightweight e-bikes are out there,” Dean said, and can be had — for the right amount of money. “They’re usually going to start around $3,500 to $4,000 and then go up from there,” he told me, pointing to Specialized as one of his favorite lightweight brands.
Keep in mind that you may not need a lightweight e-bike. “No one has ever come in and said, ‘I want a heavy bike,’” Dean pointed out. Electric motors are, by necessity, heavy, so getting a lighter bike can mean sacrificing half the motor and battery. There are workarounds: “If you have stairs to go up, almost all of these bikes have a walk assist mode,” which gently turns the tires so you’re not fighting gravity on your own, Dean told me. Likewise, if you’re trying to load your bike onto a car rack, “you don’t have to Hulk it up there; you can be a little smarter about your efforts by picking up the front wheel and putting it in the rack behind your car. Then pick up the back wheel.” If you’re really struggling with your bike, you can always pop off the battery — one of the heavier components — and carry it separately.
The best new commuter bike you can get away with is the CTY 1.1, the analog bike Lau recommended above, but for an e-bike option, he points customers to the Co-op CTY e2.1, an easy, accessible, no-frills class 1 bike that won’t run you more than $2,000. It might be a little light on features for a serious urban commuter, though.
Dean told me that the Gazelle Medeo and some of the bikes from Electra Country will have price points that could be more acceptable to customers on a budget. Gazelle uses the reliable Bosch power system, and the Medeo is “really good” and comes in “multiple versions.” (I found one for less than $2,000). Electra Country is a subsidiary of Trek and is a “one-size-fits-all, beach cruiser-looking bike” that comes in super fun colors.
Congratulations! You’re the proud owner of a bike or an e-bike (or skateboard or e-scooter or a really good pair of walking shoes). What happens now?
While the benefits of riding a bike (or any other form of active transportation) still outweigh the risks, cars are getting bigger, their blindspots are getting larger, and pedestrian and cyclist deaths nationwide are at a 40-year high. Even electric vehicles might be a small part of the problem since they’re so much heavier than regular cars — and that much more dangerous if you get hit.
I asked Sledge how newly carless commuters could become better pedestrians, and she quickly corrected me. “There is no such thing as being a good pedestrian,” she said. “So often, in the United States, when we have groups of people that are consistently harmed by other groups of people, we’re like, ‘How can the victims be better?’ And the real answer is, ‘How can we create systems and designs that protect those people?’”
We’ll get into that. But the bottom line is: be safe when you’re out on the road. Learn how to navigate intersections safely, and don’t take unnecessary risks. Especially if you’re on an e-bike, “You’re traveling faster than most cars are expecting you to,” Dean said. “To remember that, imagine you are not only invisible, but they’re all trying to kill you.”
“Riding a bike is a really good entry for a lot of people into larger political conversations about climate, the design of their cities or towns, and a host of other issues,” Gordon told me. It might only be a short amount of time before you start to wonder why there aren’t more protected bike lanes in your town or city, or why mass transit isn’t reaching your neighborhood or destination, or why lousy road design is making your commute more dangerous than it should be.
There’s some good news, though: There has never been a better time to become a transit advocate. “It could be as small as your block, or your neighborhood, or your city, but there are tons of groups all over the country that focus on working to make them safer and better for the people in them,” Sledge said.
One of the best places to start is by making your voice and your values heard. As Sledge reminded me, car companies already have — and continue to spend money and time lobbying policies that are better for drivers (and their bottom lines) than others on the road. But where to begin? “First, I would look for any kind of organization in your community, your neighborhood, or your city that focuses on safe streets or fighting climate change, and see if you can get involved with them,” Sledge said. “And if you don’t have that kind of organization, start to go to your city council meetings, making your voice heard with your local representatives — those kinds of things really make a difference.”
Another great resource is Transportation for America’s Transit Advocate Guide, which takes you step-by-step through building a movement in your community. Transportation Alternatives also hosts occasional activist trainings to help you learn how to organize successful campaigns in your neighborhood.
Maybe you bought an e-bike or a monthly metro pass … but you’ve been unable to quit your car the way you thought you would. That’s okay! This is not an all-or-nothing activity. “Don’t feel guilty if you’re still driving,” Gordon stressed. Remember that “you’re operating within a system that is built for you to drive, so starting small is really good.” Every fit and start of progress helps.
Remember also that better, low- and zero-emissions-friendly infrastructure and a pedestrian-first culture aren’t going to be built overnight. Even the most hard-core among us still need to use cars occasionally. Just “reimagining how we’re going to truly allocate our public resources — our public dollars, our public services — to serve everyone, and radically rethinking how to do that, is so important,” Sledge said.
I will leave you with one last instruction for ditching your car. When you discover the bike that lets you “follow your joy, follow your bliss,” and puts a “smile on your face” — as Dean likes to say — don’t keep it to yourself.
Someone else in your community is beginning to think about ditching their car, too. It’s your turn now. Go forth. Become someone else’s enthusiastic bike geek.
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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.”