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The new regulation covers existing U.S. oil and gas wells as well as new ones.

One of the first things Joe Biden did on the day he was inaugurated as the 46th president of the United States was issue an executive order on the climate crisis. In it, he directed the Environmental Protection Agency to set new standards for emissions of the potent greenhouse gas methane from the oil and gas industry. Nearly three years later, those regulations have been finalized.
This is the first time the U.S. will try to rein in methane leaking from drilling sites and other infrastructure that already exist, in addition to regulating new oil and gas projects.
The EPA says the rules will prevent the equivalent of 1.5 billion tons of carbon dioxide from being emitted between 2024 and 2038, almost as much as was emitted by all power plants in the country in 2021. They will also reduce emissions of other health-harming air pollutants including benzene, which can exacerbate respiratory problems and increase cancer risk. The total benefits created by the new limits, the administration estimates, will reach $98 billion by 2038.
“The U.S. now has the most protective methane pollution limits on the books,” said Fredd Krupp, president of the Environmental Defense Fund, which has played a major role in exposing the dangers of methane.
Tackling methane emissions is often called the fastest way to slow global warming. Methane is an incredibly potent greenhouse gas — some 80 times more powerful at warming the planet than carbon dioxide, in the near term. Scientists estimate it is responsible for at least 25% of the human-caused warming we are experiencing today. It leaks into the atmosphere from oil and gas infrastructure, coal mines, landfills, wetlands, and farms.
But then, within a decade, it begins to break down. If we stopped emitting methane tomorrow, its effect on global temperatures would quickly fade.
In particular, Krupp applauded EPA for addressing two of the largest sources of methane from the oil and gas system. The rules call for regular monitoring for leaks at all well sites, and also require well operators to phase out the use of polluting pneumatic controllers. These are devices that help move gas through pipelines and other infrastructure, but are, in fact, designed to leak some of it out.
The rules also create a somewhat unusual program that empowers third parties to play sheriff. Satellite companies such as Kayrros and nonprofits like EDF, which have made a name for themselves detecting especially large “super-emitters,” can register with the EPA to become watchdogs and report their findings to the agency. When super-emitters are reported, the EPA will require the implicated company to investigate, report back, and “take appropriate corrective action,” explained Tomas Carbonell, an official in the EPA’s office of air and radiation.
Another major source of methane emissions occurs when oil companies “flare,” or burn off the gas that comes up during extraction. That makes it less harmful to the environment, but flares are notoriously inefficient, and a lot of methane ends up getting released anyway.
Not to mention that flaring wastes a valuable product, which could be captured and used for energy.
Operators of new wells will have to stop flaring methane within two years; however, EPA officials told reporters on Friday that they will permit the practice at existing wells “that do not emit significant amounts of emissions from flaring, and where the costs of avoiding flaring would be significant relative to the benefits, in terms of emission reductions.”
It appears the Biden administration has gotten buy-in from at least some major industry players. An EPA press release quoted Orlando Alvarez, the president of bp America, who said the company “welcomes” the rule. In a press call with reporters, EPA officials emphasized that they received more than 1 million public comments throughout the process, and made several adjustments to accommodate feedback from the industry — including the two-year delay on the flaring rules.
Operators may also have up to two years before regulations kick in for existing wells, as the EPA has allowed states extra time to develop plans for enforcing them. In the meantime, bad actors could still face consequences. A provision in the Inflation Reduction Act directs EPA to charge polluters $900 per metric ton of methane they release in 2024. The fee increases to $1,200 in 2025 emissions. It will stay in effect until the EPA regulations kick in. “It’s a sort of transition that gets us from today to when these rules are in effect,” said Carbonell.
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A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.
Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.
District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.
As for what comes next in the offshore wind legal saga, I see three potential flashpoints:
It’s important to remember the stakes of these cases. Orsted and Equinor have both said that even a week or two more of delays on one of these projects could jeopardize their projects and lead to cancellation due to narrow timelines for specialized ships, and Dominion stated in the challenge to its stop work order that halting construction may cost the company billions.
It’s aware of the problem. That doesn’t make it easier to solve.
The data center backlash has metastasized into a full-blown PR crisis, one the tech sector is trying to get out in front of. But it is unclear whether companies are responding effectively enough to avoid a cascading series of local bans and restrictions nationwide.
Our numbers don’t lie: At least 25 data center projects were canceled last year, and nearly 100 projects faced at least some form of opposition, according to Heatmap Pro data. We’ve also recorded more than 60 towns, cities and counties that have enacted some form of moratorium or restrictive ordinance against data center development. We expect these numbers to rise throughout the year, and it won’t be long before the data on data center opposition is rivaling the figures on total wind or solar projects fought in the United States.
I spent this week reviewing the primary motivations for conflict in these numerous data center fights and speaking with representatives of the data center sector and relevant connected enterprises, like electrical manufacturing. I am now convinced that the industry knows it has a profound challenge on its hands. Folks are doing a lot to address it, from good-neighbor promises to lobbying efforts at the state and federal level. But much more work will need to be done to avoid repeating mistakes that have bedeviled other industries that face similar land use backlash cycles, such as fossil fuel extraction, mining, and renewable energy infrastructure development.
Two primary issues undergird the data center mega-backlash we’re seeing today: energy use fears and water consumption confusion.
Starting with energy, it’s important to say that data center development currently correlates with higher electricity rates in areas where projects are being built, but the industry challenges the presumption that it is solely responsible for that phenomenon. In the eyes of opponents, utilities are scrambling to construct new power supplies to meet projected increases in energy demand, and this in turn is sending bills higher.
That’s because, as I’ve previously explained, data centers are getting power in two ways: off the existing regional electric grid or from on-site generation, either from larger new facilities (like new gas plants or solar farms) or diesel generators for baseload, backup purposes. But building new power infrastructure on site takes time, and speed is the name of the game right now in the AI race, so many simply attach to the existing grid.
Areas with rising electricity bills are more likely to ban or restrict data center development. Let’s just take one example: Aurora, Illinois, a suburb of Chicago and the second most-populous city in the state. Aurora instituted a 180-day moratorium on data center development last fall after receiving numerous complaints about data centers from residents, including a litany related to electricity bills. More than 1.5 gigawatts of data center capacity already operate in the surrounding Kane County, where residential electricity rates are at a three-year high and expected to increase over the near term – contributing to a high risk of opposition against new projects.
The second trouble spot is water, which data centers need to cool down their servers. Project developers have face a huge hurdle in the form of viral stories of households near data centers who suddenly lack a drop to drink. Prominent examples activists bring up include this tale of a family living next to a Meta facility in Newton County, Georgia, and this narrative of people living around an Amazon Web Services center in St. Joseph County, Indiana. Unsurprisingly, the St. Joseph County Council rejected a new data center in response to, among other things, very vocal water concerns. (It’s worth noting that the actual harm caused to water systems by data centers is at times both over- and under-stated, depending on the facility and location.)
“I think it’s very important for the industry as a whole to be honest that living next to [a data center] is not an ideal situation,” said Caleb Max, CEO of the National Artificial Intelligence Association, a new D.C.-based trade group launched last year that represents Oracle and myriad AI companies.
Polling shows that data centers are less popular than the use of artificial intelligence overall, Max told me, so more needs to be done to communicate the benefits that come from their development – including empowering AI. “The best thing the industry could start to do is, for the people in these zip codes with the data centers, those people need to more tangibly feel the benefits of it.”
Many in the data center development space are responding quickly to these concerns. Companies are clearly trying to get out ahead on energy, with the biggest example arriving this week from Microsoft, which pledged to pay more for the electricity it uses to power its data centers. “It’s about balancing that demand and market with these concerns. That’s why you're seeing the industry lean in on these issues and more proactively communicating with communities,” said Dan Diorio, state policy director for the Data Center Coalition.
There’s also an effort underway to develop national guidance for data centers led by the National Electrical Manufacturers Association, the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, and the Pacific Northwest National Laboratory, expected to surface publicly by this summer. Some of the guidance has already been published, such as this document on energy storage best practices, which is intended to help data centers know how to properly use solutions that can avoid diesel generators, an environmental concern in communities. But the guidance will ultimately include discussions of cooling, too, which can be a water-intensive practice.
“It’s a great example of an instance where industry is coming together and realizing there’s a need for guidance. There’s a very rapidly developing sector here that uses electricity in a fundamentally different way, that’s almost unprecedented,” Patrick Hughes, senior vice president of strategy, technical, and industry affairs for NEMA, told me in an interview Monday.
Personally, I’m unsure whether these voluntary efforts will be enough to assuage the concerns of local officials. It certainly isn’t convincing folks like Jon Green, a member of the Board of Supervisors in Johnson County, Iowa. Johnson County is a populous area, home to the University of Iowa campus, and Green told me that to date it hasn’t really gotten any interest from data center developers. But that didn’t stop the county from instituting a one-year moratorium in 2025 to block projects and give time for them to develop regulations.
I asked Green if there’s a form of responsible data center development. “I don’t know if there is, at least where they’re going to be economically feasible,” he told me. “If we say they’ve got to erect 40 wind turbines and 160 acres of solar in order to power a data center, I don’t know if when they do their cost analysis that it’ll pencil out.”
Plus a storage success near Springfield, Massachusetts, and more of the week’s biggest renewables fights.
1. Sacramento County, California – A large solar farm might go belly-up thanks to a fickle utility and fears of damage to old growth trees.
2. Hampden County, Massachusetts – The small Commonwealth city of Agawam, just outside of Springfield, is the latest site of a Massachusetts uproar over battery storage…
3. Washtenaw County, Michigan – The city of Saline southwest of Detroit is now banning data centers for at least a year – and also drafting regulations around renewable energy.
4. Dane County, Wisconsin – Another city with a fresh data center moratorium this week: Madison, home of the Wisconsin Badgers.
5. Hood County, Texas – Last but not least, I bring you one final stop on the apparent data center damnation tour: Hood County, south of the Texas city of Fort Worth.