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Plus a note on batteries.

Rooftop solar is not like other types of consumer technology. Even though the end result is having a bunch of electrical equipment installed on the roof of your home, the process of getting solar is more like doing a bathroom renovation than buying a flat screen TV. To get the results you’re looking for, the most important decisions you’ll make are not the brand or model of the panels, but rather who you hire for the job, the size of your system, and how you finance it.
There’s a bunch more choices you’ll have to navigate along the way, and it’s easy to get overwhelmed. One expert I spoke with told me that sometimes the customers who are the most excited about getting solar end up bailing, the victims of decision fatigue.
We created this guide to save you from that fate. So take a deep breath, take my hand, and let’s walk down the metaphorical hardware store aisle and get you the rooftop solar solution you’re dreaming of.
Roger Horowitz is the director of Go Solar programs at Solar United Neighbors, a national nonprofit that serves as an unbiased resource for homeowners interested in solar. Horowitz manages and provides technical support to the company’s Solar Help Desk team.
Tony Vernetti is a senior trainer at Enphase Energy, a company that produces inverters, batteries, and EV chargers, where he trains solar sales and installation teams. Before joining Enphase in 2020, Vernetti spent 12 years working for rooftop solar companies in California.
Nate Bowie is the vice president of residential sales at ReVision Energy, an employee-owned solar company operating throughout northern New England. Bowie has been selling solar for ReVision for 15 years.
While the actual installation of the system should only take one to two days, the entire process from initial outreach to grid connection takes two to four months on average, according to Solar United Neighbors.
Example: The highest rated solar panels for 2024 according to EnergySage.com are SunPower's M-Series 440 watt model. If you install 20 of these, the system will be capable of generating 8,800 watts, or 8.8 kilowatts in direct sun.
When you start searching for information about solar on the internet, you might come across advertisements or commercials promoting free solar panels. There is no such thing. These ads are typically schemes to collect your personal data and sell it to solar companies looking for leads, and the federal government is starting to
crack down on them.
It is possible to install solar with zero up-front costs if you lease the system or take out a loan to finance it, but in both cases you will still owe monthly payments. It is also rare that anyone is able to offset 100% of their utility bill. You can get close, but you will likely still owe at least a connection fee to your utility company.
Most homeowners in the U.S. can benefit from installing solar as long as local energy policies are favorable. Placing the panels on a south-facing roof is optimal, but not necessary. If your panels face due west, you’ll only lose about 10% of potential generation, according to Vernetti. “They still produce a ton of energy. They’re still very effective. It's just a little bit less than if they're facing south,” he said. An east-facing roof is also viable in most cases.
You don’t have to worry about shoveling snow off the roof or anything like that. But like any other electronic devices, solar panels, inverters, and batteries can break or malfunction, and your system may require servicing at some point. Pay close attention to your warranties (more on that later). If you lease the system, you do not have to worry about this as much because the third-party owner will be responsible for maintenance.
In order to design a system that meets your needs and budget, solar companies will ask for a copy of your most recent electricity bill or, ideally, your annual energy consumption history. Make sure you have this information handy before you reach out for quotes.
Some utilities include your annual energy consumption, broken out by month, at the bottom of your electric bill. If you don’t see it, you should be able to log into your utility account online and download either your statements from the past year or a spreadsheet of your monthly electric meter readings.
In most of the U.S., you will find you have the option either to lease your solar panels or buy them outright. You don’t have to decide which way you want to go before you get started, but it’s helpful to think through the pros and cons of each.
Heatmap Recommends leasing if: You’re fairly certain you’ll keep your house for the next 15 to 20 years; you can’t afford the system outright, but you don’t want to take out a loan; your priority is to generate clean energy and reduce emissions, but you don’t want to spend too much time figuring out what you want or worrying about the system’s maintenance.
Heatmap Recommends buying if: You have the cash in hand; you might sell your house in the next 20 years; you know you want to have control over the details of your project.
The federal government offers a 30% tax credit for solar installations (and batteries) that covers parts and labor. It can significantly reduce the cost of getting solar, even if you don’t have a lot of tax liability in the year that you install the system. The credit will roll over to subsequent tax years.
Example: If you spend $25,000 installing solar in 2024, you’ll be eligible to take $7,500 off your federal income tax bill. If you only owe $3,000 in federal taxes in 2024, you’ll get $3,000 back and will be eligible to claim the remaining $4,500 for the 2025 tax year. If in 2025 you only owe $3,000 again, you can claim the remaining $1,500 in 2026.
Additional tax credits and rebates may also be offered by your state energy office, city, or utility. Contractors should be able to help you figure out what you’re eligible for, and you can wait to talk to them to learn more. However, incentives change frequently, and contractors don’t always keep up, so you might want to review the options in your area independently.
It will also be helpful to understand your state’s net metering policy, as that will determine how quickly your investment in solar will pay off and may also dictate how big your system can be. Some states, like New Jersey, also allow homeowners to generate additional income through the sale of solar renewable energy credits, or SRECS.
Where to look for more information:
One of the worst things that could happen is you install rooftop solar panels, and then later find out you have a leak or some other problem with your roof. “Removal and replacement of an array for a reroof is expensive and could significantly impact the owner’s return on investment,” Bowie told me. While metal roofs last a very long time and are unlikely to need a replacement, asphalt shingle roofs generally have a useful life of 25 to 30 years, Bowie said. You should be fine if your roof is less than 10 years old, but if not, you may need some roofing work done before your solar panels are installed.
If you don’t know how old your roof is, Vernetti recommended having a roofing contractor inspect it. He added that there’s varying opinions on this, with some solar experts recommending replacement if the roof is only 5 years old. “In my opinion, scrapping a 5 year old roof is wasteful and goes against the goal of sustainability,” he said.
“A good solar contractor will help evaluate the roof conditions and should recommend replacement when necessary, even if it is just to replace the roof on the roof plane where the solar panels will go,” said Bowie.
Solar contractors range from local mom and pop shops, to regional providers like ReVision Energy, which operates in multiple states in the Northeast, to national companies that install across the country like Sunrun and Sunnova.
“The advantage of going with a large company is that they have the ability to offer financing the smaller companies might not be able to. With a regional company, you can actually walk to their office and knock on the door and talk to somebody if you want to,” said Vernetti.
Heatmap Recommends: Contact at least one local company and one national company to get a good sense of your options. Always get at least three quotes!
If you are calling installers directly, here are some tips for what you should ask for or look for in a quote. (If you are using an online resource like EnergySage that finds quotes for you, use the following to help you ask follow-up questions or refine the proposals.)
A few questions you should ask:
One of the first questions an installer might ask you is how big you want the system to be. You may want to see quotes for multiple options in order to compare them. Options include:
Heatmap Recommends: Oversize your system if you can afford it.
Why?
Exceptions:
Most installers will include a financing option in their quote. Horowitz noted that some installers advertise very low interest rates that are below market rate. They are typically able to do this by paying a “dealer fee” to the bank, which they incorporate into the price of your installation — in other words, if your interest rate seems too good to be true, the total cost of your installation will likely be higher than it otherwise would be. To get a better sense of the true cost, ask for quotes both with and without financing options.
Adding energy storage, a.k.a. a battery, to your solar array can add another 10 grand or more to the project cost. But there are a few reasons it might be worth it:
In conclusion, if you just want back-up power, any battery that’s large enough to power your essential systems should do. If you want to pay off the investment, look into time-of-use rates. If you want your investment to go further for decarbonization, ask your contractor if there are local grid services programs available, and if any of their products are compatible.
After you get a few quotes, you’re going to want to spend some time comparing them, asking questions, and potentially soliciting additional quotes with variations on the system. If you’re feeling overwhelmed or you don’t have the time or patience to sort through the details on your own, you can also call the Solar United Neighbors Help Desk, which offers a free quote review service.
The most important number on the quote is the price per watt, not the total system cost. That is the number you should be comparing between different installers, as the quotes may be for differently sized systems.
You should also compare the annual bill savings. If two different companies quote you significantly different savings for systems that are roughly the same size, one of them has likely done a more detailed analysis of your roof than the other.
“It doesn't matter what module you have, from which manufacturer, or what inverter you have. There really is no difference in what your system can produce if it's the same size,” said Bowie.
Lastly, if the quote is for a solar lease, or includes a financing option, look at the monthly payments.
Every installer has certain brands and types of equipment they work with. Our expert panel agreed that it’s important to look at the brand names the installer is offering for the solar panels, inverters, and batteries, and to make sure they are from reputable companies that have been around for at least five years — even if it means paying more. A quick internet search of the top 10 residential solar panel brands should give you a taste of what those companies are.
“It is definitely worth paying a little bit extra to have really good equipment,” Vernetti said.
You may also see installers advertise that they offer “Tier 1” solar panels. That means the manufacturer has been designated “bankable” by Bloomberg New Energy Finance. The designation is more related to finance than product quality, but many solar companies use it as a rough proxy for reliability.
That being said, don’t get too bogged down in comparing solar brands.
“There's not a huge difference, typically, between one solar panel and the next of the Tier 1 manufacturers,” said Bowie. “A lot of solar companies will maybe offer one or two different manufacturers, and then maybe beyond that one or two different sizes.”
When it comes to inverters, you do want to pay attention to whether your quote includes string inverters, microinverters, or power optimizers. In a system with a string inverter, your panels will all be wired to one central inverter. This is generally the cheapest option, but it is less durable and may need to be replaced, said Vernetti, whose employer, Enphase, is the leading producer of microinverters. String inverters can also limit the output of your system if part of the roof gets more shade.
The other two options are more expensive but get around the issue with shade. A system with power optimizers is similar to one with a string inverter, but each panel will also have a small device attached to it that regulates the output and maximizes your system’s performance. By contrast, microinverters are small inverters attached to each individual panel. Both of these options also allow you to monitor each panel’s performance.
Bowie said the two were comparable in terms of performance and price. A key consideration, he said, is that your choice of inverter can begin to lock you into using the same brand of equipment on other home upgrades you might do down the line. “If you're an EnPhase customer, you're likely going to be going down the track of an EnPhase battery storage system,” he said. “Whether the customers know it or not, they're kind of being pushed down a path towards this manufacturer for more things in their home, like batteries, whole home controls, electric vehicle charging."
Your quote should provide information about warranties offered by the manufacturers of the panels, inverters, and batteries, as well as by the installation company. 25-year warranties are standard, but the details vary by installation company and by manufacturer. For example, your inverters may have a 25-year warranty, meaning you can get replacement inverters for free if any of them fails within that time period — but if you don’t have a warranty on labor, it could cost you several hundred dollars to get them installed.
“It's really important for customers to read the fine print and to talk with their local solar company who is quoting the system for them to uncover what the warranties mean,” said Bowie.
This is especially important if you are installing batteries. Ask your installer about both the equipment warranty and their policy is for servicing the equipment.
Most solar installers offer financing options. Your quote should include the name of the lender the installer works with, the down payment, monthly payment, financing term, and interest rate. However, you may find a better deal elsewhere. Horowitz noted that installers like using their own financing companies because it speeds up the sales process — they can approve you for a loan just by putting in your social security number, and sell it to you at the same time as the contract. But you may find a better deal elsewhere.
“Talk to your bank, talk to your credit union, look at home equity lines of credit, see what other options you have out there, and if those have lower interest rates or better payment terms,” said Horowitz. “You are not required to use their finance.”
After you’ve found an installer, settled on a system design, and secured financing, all that’s left to do is sign your contract. Then, you wait. Your installer will have to obtain permits from your city, county, or state, as well as an interconnection agreement with your utility.
One way to try to minimize the wait time is by working with an installer with lots of local experience. They’ll be better equipped to navigate the permitting process. For example, if you want Tesla solar panels but Tesla hasn’t done many installations in your community, it may take longer for the company to get through this stage.
After these two steps are complete, the solar company will reach out to you to schedule the installation, which should only take a few days.
After the system is installed, you may have to wait for a final inspection from your utility or a verified third party for permission to operate the system.
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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.”