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Or maybe you want to go electric? Because yes, they are different.

Have you given much thought to the inner workings of your stove? Me neither. Your home probably came with one already installed, and so long as you can turn it on, boil some water and simmer up a sauce, perhaps that’s reason enough not to second guess it.
But if you’re cooking with gas, we’re here to let you know that, culinary connoisseur or not, there are undeniable benefits to switching to either electric or induction cooking. First and foremost, neither relies directly on fossil fuels or emits harmful pollutants such as nitrogen dioxide into your home, making the switch integral to any effort to decarbonize your life — not to mention establish a comfortable living environment. Second, both electric and induction are far more energy efficient than gas.
“So on a gas range, about 70% of the heat that is generated from the gas goes into your kitchen,” DR Richardson, co-founder of the home electrification platform Elephant Energy, told me. “So it's very inefficient. You get hot. The handle gets hot. The kitchen gets hot. Everything gets hot, except your food. And it takes a really long time.” With an electric or induction stove, you can boil water faster and heat your food up quicker, all while reducing your home’s carbon footprint.
Convinced yet? If you’re reading this guide, we sure hope you’re at least intrigued! But even after you’ve decided to make the switch, confusion and analysis paralysis can still loom. Are your needs better suited to electric or induction? Will expensive electrical upgrades be required? How will this impact your cooking? And where are all the stove stores, anyway? So before you start browsing the aisles and showrooms, let’s get up to speed on all things stoves… or is it ranges? You’ll see.
Friday Apaliski is the director of communications at the Building Decarbonization Coalition, a nonprofit composed of members across various sectors including environmental justice groups, energy providers, and equipment manufacturers, seeking alignment on a path towards the elimination of fossil fuels in buildings.
DR Richardson is a co-founder of Elephant Energy, a platform that aims to simplify residential electrification for both homeowners and contractors. The company provides personalized electrification roadmaps and handles the entire installation process, including helping homeowners take advantage of all the available local, state, and federal incentives.
It depends on the cookware you currently own, but you will almost certainly need to replace some items. Induction stoves work with pots and pans that are made of magnetic materials like cast iron and stainless steel, but not those made of glass, aluminum, or copper. You can check to see if your cookware is induction compatible by seeing if a magnet will stick to the bottom, or if the induction logo is present on the bottom.
Everyone has their own affinities, but what we can tell you is that both traditional electric stoves and newer induction stoves are more energy efficient than gas stoves, and when it comes to temperature control, induction stoves are the clear winner. They allow you to make near instantaneous heat adjustments with great precision, while gas stoves take longer to adjust and are less exact to begin with.
Cooking on a new stove will undoubtedly come with a learning curve, what with all the new knobs and buttons and little sounds to get used to. Many cooks are used to relying on the visual cue of the flame to let them know how hot the stove is, but now you’ll be relying on a number on the screen, instead. Especially if you go with induction stove, be assured that you’ll be in good company among some top chefs.
This is indeed a key question — more on this one below.
If you don’t know already, it’s not too hard to find out. When you turn on the stovetop, is there fire? That, folks, is a gas stovetop. It will have a gas supply line that looks like a threaded pipe that connects to the back of the appliance. Gas stovetops are tricky to clean, not particularly sleek, and most prevalent in California, New Jersey, Illinois, Washington DC, New York, and Nevada.
If you have an electric range, the stovetop will be flat with metal coils either exposed or concealed beneath a ceramic glass surface. The coils will glow bright when they’re on. Electric ranges plug directly into 240-volt outlets (newer versions have four prongs, older ones have three), with a cord that looks like a heavy vacuum plug or a small hose. Electric stovetops are always paired with electric ovens — this is the setup that the majority of Americans already have according to the Energy Information Administration.
“So if you have an electric range and you like it, that's wonderful. You should keep it. But generally, when we're talking about transitioning from a gas experience to something else, induction is a much more analogous cooking experience,” Apaliski said.
If you have an induction range, it was probably a very intentional choice! According to a 2022 Consumer Reports survey, only about 3% of Americans have an induction range or cooktop, so big ups if you’re a part of that energy efficient minority. But if you just wandered into a new home and are wondering if it’s got the goods, you might have to turn on the stove to tell. Unlike an electric stovetop, you won’t see the cooking area glow because the surface isn’t actually getting hot, only the cookware is. Induction stoves also plug directly into 240-volt outlets.
But wait! There’s a chance you’re cooking with both gas and electric on a dual-fuel range. The telltale sign will be if your range connects to both a gas supply line as well as a 240-volt outlet (remember that plug?). But if it’s difficult to determine what’s going on back there, here’s what else to look out for: A metal device at the bottom and/or top of the oven’s interior that glows bright when the oven is on indicates that it’s electric! Sometimes these heating elements will be concealed, though. In that case, look for telltale signs of gas: An open flame when the oven is on or a visible pilot light when off. Newer gas stoves might not have either, but rather use an electronic ignition system that you can hear fire up about 30-45 seconds after turning on the oven. If you’re still confused, there’s always your user manual! (You kept that, right?)
If you’re going from an all-gas range to electric or induction and your stove is located on a kitchen island, for example, this could make installing the necessary electrical wiring more complex. It’s something to ask potential contractors about when you get to that stage.
Whenever you add a new electric appliance to your home, there’s the possibility that you’ll need to upgrade your electric panel to accommodate the new load. A new panel can cost thousands of dollars, though, so you’ll want to know ahead of time if this might be necessary. First, check the size of your current electric panel. You can find this information on your main breaker or fuse, a label on the panel itself, or your electric meter.
According to Rewiring America, if your panel is less than 100 amps, an upgrade could be necessary. If it’s anywhere from 100 to 150 amps, you can likely electrify everything in your home — including your range — without a panel upgrade, although some creative planning might be needed (more on that here and below, in the section on finding contractors and installers). If your panel is greater than 150 amps, it’s very likely that you can get an electric range (as well as a bevy of other electrical appliances) without upgrading.
As of now, federal incentives for electric and induction ranges, cooktops, and ovens are not yet available. But Home Electrification and Appliance Rebates programs, established via the Inflation Reduction Act, will roll out on a state-by-state basis over the course of this year and next, with most programs expected to come online in 2025. These rebates could give low- and moderate-income houses up to $840 back on the cost of switching from gas to electric or induction cooking.
While many details have yet to be released, it’s important to note that qualifying customers won’t be required to pay the full price and then apply for reimbursement — rather, the discount will be applied upfront. Once the program becomes available, your state will have a website with more information on how to apply. If you’re cash-strapped today, it could be worth waiting until the federal incentives roll out, as rebates will not be retroactively available.
Many states and municipalities already have their own incentives for electric appliance upgrades though. Unfortunately, there’s currently no centralized database to look these up, so that means doing a little homework. Check with your local utility, as well as your local and state government websites and energy offices for home electrification incentives. If you happen to live in California or Washington state, you can search for local incentives here, via this initiative from the Building Decarbonization Coalition. The NODE Collective is also working to compile data on all residential incentive programs, so keep checking in, more information is coming soon!
Assuming you currently have a gas stove or a dual fuel range, this is the first big choice you’ll have to make. For customers interested in upgrading from electric to induction, let this also be your guide, as an induction stove is indeed the higher-end choice. Here are the main differences between the two:
Electric
Induction
*According to Rewiring America
** According to this paper
Heatmap Recommends: Spring for the induction stove if you can. Not only will it provide a superior cooking experience, but it’s safer too. Induction stoves only heat up magnetic pots and pans, so if you touch the stove’s surface, you won’t get burned. Most will also turn off automatically if there’s no cookware detected.
“Induction is definitely the upgrade in basically every sense, if you can afford it. Induction is a way better cooking experience. It's got way more fun heating and cooking control. It's much more energy efficient. It's much faster,” said Richardson.
If you’re curious about what it’s like to cook with an electric or induction stove, you can buy a standalone single-pot cooktop for well under $100; it will plug straight into a standard outlet. Additionally, Apalinksi says that many libraries (yes, libraries!) and utilities allow residents to borrow an induction cooktop and try it out for a few weeks, completely free of charge.
New electric and induction ranges and cooktops will only be eligible for forthcoming federal incentives if they’re certified by Energy Star, a joint program run by the Environmental Protection Agency and the DOE that provides consumer information on energy efficient products, practices, and standards. You can check out what models of ranges and cooktops qualify here. But to get a handle on the actual look and feel of various options, you should try and find a showroom or head to a large retail store.
“Go to your local big box retailer, whether it's a Home Depot or Best Buy or Lowe's, they tend to have a bunch of models on the floor. Their representatives can talk to you about all the different options out there. But you have to research a little bit ahead of time, otherwise they're going to point you to the latest gas appliance,” said Richardson.
If you learn that making the switch is going to entail particularly cumbersome electrical upgrades, Apaliski said there are some innovative companies such as Channing Street Copper and Impulse Labs that make induction ranges and cooktops that plug into standard outlets. They’re much pricier than your standard range, but if you can afford it, one could be right if you’re looking for plug-and-play simplicity and sleek design.
“So this is great, for example, if you are a renter, or if you are someone who has limited capacity on your electrical panel, or if you are someone who has one of these kitchen islands that is just impossible to get a new electric cord to,” Apaliski said.
If you buy your new range or cooktop from a big box retailer, they’ll typically haul away your old appliance and deliver and install the new one for you at either low or no cost. Don’t assume this is a part of the package, though, and be sure to ask what is and isn’t included before you make your purchase.
But if you’re moving from an all gas range or cooktop to an electric or induction range or cooktop, the complicated part isn’t the installation process, it’s everything that must come before. That includes capping and sealing the gas line for your old stove (this is a job for a plumber) and installing the requisite electric wiring to power your new stove (this is a job for an electrician).
As noted, making the switch could also mean a costly electric panel upgrade. You should ask potential electricians about this right away, as well as about creative solutions that would let you work with your existing panel. If you’re running out of space, you could buy a circuit sharing device like a smart splitter or a circuit pauser, which would allow multiple loads, such as an EV charger and your stove, to share a circuit, or ensure that specific appliances are shut off when you’re approaching your panel’s limit. Richardson recommends getting opinions from a couple different electricians, seconding the idea that if your panel is 100 amps or more, an upgrade is likely not necessary.
Above all, you should make sure that the gas line and electric work is taken care of before the stove installer comes to your home. Richardson said that occasionally, retailers will provide plumbing and electrical services as an add-on option, so it never hurts to ask. But most likely you’ll be sourcing contractors and compiling quotes on your own. If you don’t already have a go to person for the job, ask friends, family, and neighbors for references. Google and Yelp reviews are always there too.
New electric ranges do not usually come with a power cord. You must purchase your own power cord prior to installation.
Once you get time on the calendar with a trustworthy, knowledgeable and fair-priced plumber and electrician, it’s time to schedule the installation of your new range or cooktop. And after that it’s time to metaphorically fire up those resistive coils or electromagnetic fields and make yourself an electrified meal for the ages.
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With construction deadlines approaching, developers still aren’t sure how to comply with the new rules.
Certainty, certainty, certainty — three things that are of paramount importance for anyone making an investment decision. There’s little of it to be found in the renewable energy business these days.
The main vectors of uncertainty are obvious enough — whipsawing trade policy, protean administrative hostility toward wind, a long-awaited summit with China that appears to have done nothing to resolve the war with Iran. But there’s still one big “known unknown” — rules governing how companies are allowed to interact with “prohibited foreign entities,” which remain unwritten nearly a year after the One Big Beautiful Bill Act slapped them on just about every remaining clean energy tax credit.
The list of countries that qualify as “foreign entities of concern” is short, including Russian, Iran, North Korea, and China. Post-OBBBA, a firm may be treated as a “foreign-influenced entity” if at least 15% of its debt is issued by one of these countries — though in reality, China is the only one that matters. This rule also kicks in when there’s foreign entity authority to appoint executive officers, 25% or greater ownership by a single entity or a combined ownership of at least 40%.
Any company that wants to claim a clean energy tax credit must comply with the FEOC rules. How to calculate those percentages, however, the Trump administration has so far failed to say. This is tricky because clean energy projects seeking tax credits must be placed in service by the end of 2027 or start construction by July 4 of this year, which doesn’t leave them much time left to align themselves with the new rules.
While the Treasury Department published preliminary guidance in February, it largely covered “material assistance,” the system for determining how much of the cost of the project comes from inputs that are linked to those four nations (again, this is really about China). That still leaves the issue of foreign influence and “effective control,” i.e. who is allowed to own or invest in a project and what that means.
This has meant a lot of work for tax lawyers, Heather Cooper, a partner at McDermott Will & Schulte, told me on Friday.
“The FEOC ownership rules are an all or nothing proposition,” she said. “You have to satisfy these rules. It’s not optional. It’s not a matter of you lose some of the credits, but you keep others. There’s no remedy or anything. This is all or nothing.”
That uncertainty has had a chilling effect on the market. In February, Bloomberg reported that Morgan Stanley and JPMorgan had frozen some of their renewables financing work because of uncertainty around these rules, though Cooper told me the market has since thawed somewhat.
“More parties are getting comfortable enough that there are reasonable interpretations of these rules that they can move forward,” she said. “The reality is that, for folks in this industry — not just developers, but investors, tax insurers, and others — their business mandate is they need to be doing these projects.”
Some of the most frequent complaints from advisors and trade groups come around just how deep into a project’s investors you have to look to find undue foreign ownership or investment.
This gets complicated when it comes to the structures involved with clean energy projects that claim tax credits. They often combine developers (who have their own investors), outside investment funds, banks, and large companies that buy the tax credits on the transferability market.
These companies — especially the banks, which fund themselves with debt — “don’t know on any particular date how much of their debt is held by Chinese connected lenders, and therefore they’re not sure how the rules apply, and that’s caused a couple of banks to pull out of the tax equity market,” David Burton, a partner at Norton Rose Fulbright, told me. “It seems pretty crazy that a large international bank that has its debt trading is going to be a specified foreign entity because on some date, a Chinese party decided to take a large position in its debt.”
For those still participating in the market, the lack of guidance on debt and equity provisions has meant that lawyers are having to ascend the ladder of entities involved in a project, from private equity firms who aren’t typically used to disclosing their limited partners to developers, banks, and public companies that buy the tax credits.
“We’re having to go to private equity funds and say, hey, how many of your LPs are Chinese?” David Burton, a partner at Norton Rose Fulbright, told me. This is not information these funds are typically particularly eager to share. If a lawyer “had asked a private equity firm please tell us about your LPs, before One Big Beautiful Bill, they probably would have told us to go jump in the lake,” Burton said.
Still, the deals are still happening, but “the legal fees are more expensive. The underwriting and due diligence time is longer, there are more headaches,” he told me.
Typically these deals involve joint ventures that formed for that specific deal, which can then transfer the tax credits to another entity with more tax liability to offset. The joint venture might be majority owned by a public company, with a large minority position held by a private equity fund, Burton said.
For the public company, Burton said, his team has to ask “Are any of your shareholders large enough that they have to be disclosed to the SEC? Are any of those Chinese?” For the private equity fund, they have to ask where its investors are residents and what countries they’re citizens of. While private equity funds can be “relatively cooperative,” the process is still a “headache.”
“It took time to figure out how to write these certifications and get me comfortable with the certification, my client comfortable with it, the private equity firm comfortable with it, the tax credit buyer comfortable with it,” he told me, referring to the written legal explanation for how companies involved are complying with what their lawyers think the tax rules are.
Players such as the American Council on Renewable Energy hope that guidance will cut down on this certification time by limiting the universe of entities that will have to scrub their rolls of Chinese investors or corporate officers.
“It’d be nice if we knew you only have to apply the test at the entity that’s considered the tax owner of the project,” i.e. just the joint venture that’s formed for a specific project, Cooper told me.
“There’s a pretty reasonable and plain reading of the statute that limits the term ’taxpayer’ to the entity that owns the project when it’s placed in service,” Cooper said.
Many in the industry expect more guidance on the rules by the end of year, though as Burton noted, “this Treasury is hard to predict.”
In the meantime, expect even more work for tax lawyers.
“We’re used to December being super busy,” Burton said. “But it now feels like every month since the One Big Beautiful Bill passed is like December, so we’ve had, like, you know, eight Decembers in a row.”
Deep cuts to the department have left each staffer with a huge amount of money to manage.
The Department of Energy has an enviable problem: It has more money than it can spend.
DOE disbursed just 2% of its total budgetary resources in fiscal year 2025, according to a report released earlier this year from the EFI Foundation, a nonprofit that tracks innovations in energy. That figure is far lower than the 38% of funds it distributed the year prior.
While some of that is due to political whiplash in Washington, there is another, far more mundane cause: There simply aren’t that many people left to oversee the money. Thanks to the Department of Government Efficiency’s efforts, one in five DOE staff members left the agency. On top of that, Energy Secretary Chris Wright shuffled around and combined offices in a Kafkaesque restructuring. Short on workers and clear direction, the department appears unable to churn through its sizable budget.

Though Congress provides budgetary authority, agencies are left to allot spending for the programs under their ambit, and then obligate payments through contracts, grants, and loans. While departments are expected to use the money they’re allocated, federal staff have to work through the gritty details of each individual transaction.
As a result of its reduced headcount, DOE’s employees are each responsible for far more budgetary resources than ever before.
“DOE is facing its largest imbalance in its history,” Alex Kizer, executive vice president of EFI Foundation, told me. In fiscal year 2017, DOE budgeted around $4.7 million per full-time employee. In the fiscal year 2026 budget request, that figure reached $35.7 million per worker — about eight times more.
Part of that increase is the result of the unprecedented injection of funding into DOE from the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act. The pair of laws, which gave DOE access to $97 billion, comprised the United States’ largest investment to combat climate change in the nation’s history.
The epoch of federally backed renewable energy investment proved to be short-lived, however. Once President Trump retook office last year, his administration froze funds and initiated a purge of federal workers that resulted in 3,000 staffers (about one in five) leaving DOE through the Deferred Resignation Program. The administration canceled hundreds of projects, evaporating $23 billion in federal support.
While the One Big Beautiful Bill Act passed last summer depleted some of the IRA’s coffers and sunsetted many tax credits years early, it only rescinded about $1.8 billion from DOE, according to the EFI Foundation. Much of the IRA’s spending had already gone out the door or was left intact.
This leaves DOE in a strange position: Its budget is historically high, but its staffing levels have suffered an unprecedented drop.

Even before the short-lived Elon Musk-run agency took a chainsaw to the federal workforce, DOE struggled to hire enough people to keep up with the pace of funding demanded by the IRA’s funding deadlines. The Loan Programs Office, for example, was criticized for moving too slowly in shelling out its hundreds of billions in loan authority. According to a report from three ex-DOE staffers that Heatmap’s Emily Pontecorvo covered, the IRA’s implementation suffered from a lack of “highly skilled, highly talented staff” to carry out its many programs.
“The last year’s uncertainty and the staff cuts, the project cancellations, those increase an already tightening bottleneck of difficulty with implementation at the department,” Sarah Frances Smith, EFI Foundation’s deputy director, told me.
One former longtime Department of Energy staffer who asked not to be named because they may want to return one day told me that as soon as Trump’s second term started, funding disbursement slowed to a halt. Employees had to get permission from leadership just to pay invoices for projects that had already been granted funding, the ex-DOE worker said.
While the Trump administration quickly moved to hamstring renewable energy resources, staff were kept busy complying with executive orders such as removing any mention of diversity equity and inclusion from government websites and responding to automated “What did you do last week?” emails.
On top of government funding drying up, Kizer told me that the confusion surrounding DOE has had a “cooling effect on the private sector’s appetite to do business with DOE,” though the size of that effect is “hard to quantify.”
Under President Biden, DOE put a lot of effort into building trust with companies doing work critical to its renewable energy priorities. Now, states and companies alike are suing DOE to restore revoked funds. In a recent report, the Government Accountability Office warned, “Private companies, which are often funding more than 50 percent of these projects, may reconsider future partnerships with the federal government.”
Clean energy firms aren’t the only ones upset by DOE’s about-face. Even the Republican-controlled Congress balked at President Trump’s proposed deep cuts to DOE’s budget in its latest round of budget negotiations. Appropriations for fiscal year 2026 will be just slightly lower than the year before — though without additional headcount to manage it, the same difficulties getting money out the door will remain.
The widespread staff exit also appears to have slowed work supporting the administration’s new priorities, namely coal and critical minerals. LPO, which was rebranded the “Office of Energy Dominance Financing,” has announced only a few new loans since President Biden left office. Southern Company, which received the Office’s largest-ever loan, was previously backed by a loan to its subsidiary Georgia Power under the first Trump administration.
Despite Trump’s frequent invocation of the importance of coal, DOE hasn’t accomplished much for the technology besides some funding to keep open a handful of struggling coal plants and a loan to restart a coal gasification plant for fertilizer production that was already in LPO’s pipeline under Biden.
Even if DOE wanted to become an oil and gas-enabling juggernaut, it may not have the labor force it needs to carry out a carbon-heavy energy mandate.
“When you cut as many people as they did, you have to figure out who’s going to do the stuff that those people were doing,” said the ex-DOE staffer. “And now they’re going to move and going, Oh crap, we fired that guy.”
Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”