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Decarbonizing the global economy requires replacing stuff that emits carbon dioxide with stuff that doesn’t. At its heart, this challenge is financial: All these high-emitting assets ― coal plants, gas stoves, airplanes ― were at some point financed into existence by investors seeking returns. Climate policymakers’ greatest challenge is not just figuring out how to phase out existing, dangerous capital investments in fossil fuels, but also how to finance into existence new, climate-stabilizing clean assets.
This is all much easier said than done. Central banks’ high interest rates are strangling clean energy and adaptation infrastructure investments in the United States and abroad. Recent struggles to develop offshore wind and small modular nuclear reactors in the United States exemplify how deeply hesitant private developers are to commit to long-term capital expenditures. Investors view these projects as too risky, their expected profits too low to meet their minimum return thresholds. Absent policies to stabilize supply chains and other factors affecting the financing environment for clean energy, the United States ― to say nothing about the rest of the world ― won’t meet its climate goals.
The Inflation Reduction Act is, to its credit, a paradigm-shifting attempt to finance better, cleaner stuff. One of the most potentially transformative initiatives in the IRA is, in fact, financial: the Greenhouse Gas Reduction Fund offers $27 billion in startup capital to state green banks, community development financial institutions, and nonprofits to lend to decarbonization projects primarily in vulnerable communities.
By any standard, the GGRF is an incredible infusion of cash into nascent sectors that might otherwise be neglected by mainstream investors, including community-scale renewable energy and building weatherization. Most of that cash was awarded in early April, including $14 billion divided among three separate clean energy financing coalitions made up of green banks, impact investors, and CDFIs; and $6 billion divided among various technical assistance providers for project development in low-income areas. GGRF funding recipients can use their awards to finance all kinds of community improvements ― not just through grants, but also through debt and equity. In the process, they will make a market for investments in local climate mitigation and resilience, particularly in vulnerable communities.
The GGRF is about more than simply using this seed funding to make private projects profitable. The truth is, there aren’t that many private investors rushing to structure local decarbonization projects ― not even because they don’t want to enter these market segments, but because they’re really just too busy to try anything unconventional. Some markets, like those for rooftop solar assets, are fairly standardized and liquid, insofar as investors can tranche and trade rooftop solar loans like government bonds or mortgages.
But the nascent markets for many other kinds of mitigation and resilience investments like home retrofits are illiquid. Making them liquid — and getting investors interested — requires GGRF awardees to underwrite, structure, and sequence project development themselves. They must set lending guidelines, standardize financial products, and create architectures for risk management where none exist.
If GGRF recipients build up significant financial and legal capacities to finance community decarbonization, not to mention the technical and regulatory expertise needed to coordinate state and federal funding sources in the process, then they will position themselves to help alleviate significant constraints on the flow of financing toward local decarbonization projects. This is how the IRA promises state and local governments the chance to provide unprecedented liquidity to green investments.
Cities and states currently get the liquidity they need to fund most of our public infrastructure and services through the American municipal bond market. Why not use this market to finance decarbonization, too?
It’s a good idea — except that municipal bond markets are dysfunctional. Cities and states rely heavily on private banks to structure their municipal bonds and sell them to private investors, and on credit rating agencies to certify them; these dependencies have historically forced local governments to tailor their bond issuances to the interests of a few private buyers, which are skewed against spending on longer-term priorities with lower expected returns.
Borrowing big is more often punished than rewarded, especially where governments already have smaller tax bases and less borrowing capacity. In 2018, the rating agency Moody’s downgraded Jackson, Mississippi on account of its “financially stressed” water system and its residents’ low average incomes, raising the city’s future cost of borrowing on bond markets. Last year, its water system spiraled into crisis on account of severe underinvestment, leading to a foregone conclusion: At a time when Jackson, a predominantly black city, needed more low-cost, long-term investment to fix its infrastructure, its government was structurally unable to raise enough of it.
Increasingly frequent climate disasters will set in motion the same process again and again across the country. Greater perceived climate risks are increasing municipal borrowing costs and insurance premiums, thereby driving investment away from vulnerable areas, preventing communities from investing in adaptation and resilience, and increasing their future vulnerability. Proactive disaster prevention policy requires breaking this financial doom loop.
It doesn’t help that municipal bonds are a volatile asset class, seeing sharp price drops and prolonged sell-offs during periods of market uncertainty and, lately, rapid interest rate hikes. Their dependence on risk-averse private buyers is a primary culprit. Indeed, private investors’ muni bond fire sales at the start of the pandemic nearly broke this market. Had it not been for the Federal Reserve’s emergency creation of the Municipal Liquidity Facility, which committed the Fed to buying muni bonds that no other investor wanted to hold, cities and states would not have been able to fund crucial social and community services, pay employees, and undertake necessary capital investments. The mere announcement of this backstop program preserved cities’ ability to raise debt during the first phase of the pandemic, but Congress forced it to wind down at the end of 2020.
That’s a shame: Absent this kind of backstop for public bond markets to stabilize local governments’ long-term borrowing costs, policymakers literally cannot secure the liquidity they need to keep their climate promises. There really is no way to flood-proof New York, storm-proof Miami, summer-proof Amtrak, or manage wildfire out West without the long-term public debt finance that would allow states and cities to spend responsibly and consistently on resilience.
This is a problem not just for long-term adaptation and resilience investments, but also for the mitigation investments the IRA is designed to facilitate. Considering that green banks, state financing authorities, and public-sector power developers will have to issue considerable amounts of debt to accelerate the deployment of renewable energy ― and especially because no comprehensive decarbonization program can neglect public housing or schools, which finance themselves via municipal bonds ― state and federal policymakers should not let their investment priorities fall victim to the whims of our illiquid, volatile public debt markets.
Where climate mitigation is concerned, there are some provisions of the IRA that demonstrate how rewiring the financial system to power decarbonization works in practice. Tax credits that pump a functionally unlimited amount of money into private and public clean energy development allow developers to take on more debt at better terms, facilitating greater investment. (Bonus tax credits for investments in disadvantaged communities should help mitigate against geographic biases, too.) And expanded lending authority at the Department of Energy makes financing higher-risk, longer-term decarbonization investments of all kinds vastly less expensive. The United States has seen over $200 billion in new decarbonization investments in the past year, suggesting that, despite the lack of finalized regulations on tax credit financing and “chaining,” a set of provisions that could allow public and nonprofit entities to engage in tax credit financing of private projects, the Biden administration’s political down payment on decarbonization is already paying off.
Not in every sector, though. Private investors are fickle, risk-averse, and face considerable restrictions on where they can put direct money. The developers they finance, particularly those behind the most ambitious decarbonization projects, are under similar pressures. As Ørsted, the world’s leading offshore wind developer, retreats from projects in the U.S. and elsewhere, its CEO has admitted that “what our investors need” is for Ørsted to “create value.” If expected returns aren’t high enough, then its projects won’t pencil out. Time is of the essence; this outcome shouldn’t be acceptable.
New York’s recently passed Build Public Renewables Act mandates that New York’s public energy authority build renewable energy itself for just this reason — its proponents doubted that relying on private developers made good business sense. But it may not have passed without the IRA’s financial firepower behind it. The IRA allows the public sector to access many of the same decarbonization incentives it gives private firms, balancing the playing field and empowering transformative public sector policymaking.
The public sector can also compete against risk-averse private lenders to finance project development — public financing authorities can lend for longer, on cheaper terms, and with a higher risk tolerance than most private lenders could. By offering cost-share agreements, low-cost construction loans, equity injections to buy out troubled projects, or even by building up critical component stockpiles, the public sector can set the pace of the transition.
To that end, the IRA empowers state and local governments and community lenders to seed ambitious decarbonization projects of all types and sizes where private investors alone might hesitate. This brings us back to the GGRF and all it could do for local decarbonization ― and to carveouts in the Department of Energy’s lending authorities which enable state green banks to pass on extremely low-interest loans to eligible project developers. So long as public and private entities take the effort to access them, these programs create considerable liquidity for ambitious mitigation programs and resilience investments.
But the GGRF does not target larger infrastructure improvements, and the IRA’s other grant programs for adaptation and resilience, however ambitious they may be on the scale of U.S. history, are also wholly inadequate. If policymakers and legislators want to make nationwide climate adaptation feasible, they will still have to fix public debt markets.
Maximizing the potential of the IRA to replace bad assets with better ones requires giving local and state governments the chance to throw money at mitigation and adaptation problems that money can actually solve. Leave the financial system as is, however, and the private investors that mediate it will steer the benefits of decarbonization and adaptation toward the communities wealthy enough to make doing so a good investment. Meanwhile, the communities experiencing climate disasters first and worst ― spread across underinvested rural and urban pockets, here and globally ― will struggle to secure the long-term financing they urgently need both to lessen their contributions to climate change and also to prepare for its inevitable effects.
The financial status quo forces a kind of trickle-down decarbonization that is wholly inadequate to the scale of the climate challenge. Responsible climate policymaking, then, requires the elimination of this liquidity constraint everywhere, to the greatest extent possible, and the creation of coordination mechanisms to ensure that what people need is what gets built. Public liquidity is, without a doubt, a public good.
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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.”