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To manage the clean energy transition, it may have to get into the leveraged buyout game.

The United States produces more natural gas and crude oil than any other country ― it isn’t even a contest. But these “molecules of U.S. freedom” aren’t free: They’re extracted and transported through a network of rigs, drills, pumps, and pipes that are, increasingly, controlled and operated by myriad private equity companies. As a society, we have a strong interest in winding down these climate-polluting assets in a swift yet orderly fashion. But as businesses, their private equity owners don’t.
Over the past decade, pressure from shareholders and activists has succeeded in pushing many fossil fuel majors to consider how best to reduce their emissions. (Although that, too, has come at a cost.) But rather than winding down or cleaning up their most polluting and least profitable assets, many have instead simply divested. Coal companies in West Virginia have sold off their mines to undercapitalized vulture firms, which rely on continued coal sales to (in theory) pay for expensive environmental remediation costs. The same is happening in the oil and gas industry, where private equity firms have rolled up many of the drilling sites and pipelines, the capillaries and veins of the country’s energy infrastructure.
Shielded from the scrutiny of public markets, private equity funds have thus become some of the country’s top methane emitters by asset ownership in the natural gas sector. These opaque owners, capitalizing on other companies’ disinterest in holding high-emitting assets, are betting that fossil fuel infrastructure will keep paying out for quite some time; recent massive increases in expected energy demand have only juiced this trend toward industry consolidation.
Private equity firms and private debt funds, with their short-term profit horizons, concealed balance sheets, and seeming imperviousness to tighter financial regulation and shareholder activism, work well with fossil fuel assets, particularly those sold at fire-sale prices by publicly traded fossil fuel majors. Despite those assets’ long-term market value instability, their near-term cash flow prospects are what matter.
But what’s been good for fossil fuel majors’ balance sheets has been bad for the planet. Many of these buyout firms — well-capitalized private equity funds and scrappy vulture funds, alike — are not budgeting anywhere near enough for environmental remediation. One company, Diversified Energy Co, has been purchasing the rights to operate almost-depleted natural gas wellheads at scale, extending many of their lifespans by decades; far too few wellheads are closed each year to stem the methane spewing unimpeded into the atmosphere.
Rather than accept a situation where utilities and fossil fuel majors toss their liabilities to unaccountable vulture funds, sustainability-conscious investors and shareholder groups have begun screening transactions for responsible asset phaseout plans. But the lack of a binding set of transition standards has revealed a huge coordination problem: What counts as a responsible phaseout, particularly when private asset owners get to decide? The federal government has put down guidelines, but not its foot. A disorganized drawdown of assets under a patchy regulatory framework, without a doubt, leaves vulnerable communities on the hook for the financial, environmental, and health damages.
Progressive analysts have long argued that nationalizing fossil fuel assets and folding them into a state holding company is the best solution to sidestep this particular problem. The federal government is well staffed with energy and electricity experts who, operating under a public mandate to preserve grid reliability, can phase out fossil fuel assets on a unified, coherent timeline responsive to community needs while continuing to operate those assets as the “peaker” or “reserve” capacity required to ensure grid stability. A series of climate shocks has even convinced conservative leaders in Texas of the importance of public power for grid resilience, achieved through state ownership of “peaker” gas plants. This course of action is far worse than investments in, say, battery capacity ― California, for instance, is now reaping the benefits of massive battery deployment, which reduces the state’s need for gas ― but the logic behind building public reserve capacity is sound.
What advocates of a state holding company-type model do not often discuss is how exactly a government goes about acquiring all these soon-to-be-stranded fossil fuel assets. As just one example, a recent proposal from the Roosevelt Institute suggests that a state holding company should be “free to engage in debt financing, make equity investments, and acquire assets.” Sure, proposals like these are meant to buttress the case for why nationalization is a far better way to achieve a managed phaseout than surrendering that process to yield-seeking investors, not to detail the financial mechanics of a buyout. But still: this is vague!
Actually thinking through the specifics suggests that, interestingly enough, a comprehensive state-led buyout program could work a lot like an existing private equity transaction, for two key reasons.
Before we get there, we should separate private equity’s deserved reputation as an opaque asset owner from the way the industry works. Private equity’s calling card, the “leveraged buyout,” is little more than the act of raising debt to 1) purchase equity in and, therefore, ownership over an asset, and 2) refinance the asset’s liabilities. To do so, private equity funds work with banks or, more commonly these days, private debt or private credit funds, to raise debt that is generally backed by the combined assets of the purchaser firm and purchased asset.
But leveraged buyouts themselves are technically something that any financial institution could do. Take the federal government, the country’s most liquid debt issuer, whose debt anchors the global economy and backstops private financial institutions. It could raise debt (leverage) to finance a buyout of fossil fuel assets at interest rates far lower than private investors could. And because private credit funds, like other institutional investors, already buy loads of government bonds to match their liabilities and hedge their risks, this kind of nationwide leveraged buyout ― which would require substantial new debt issuance ― could actually help stabilize the financial system against potential shocks from within notoriously inscrutable private markets. The government can do exactly what private equity does, only a lot better, and with wider benefits.
The government has already planted the seeds of a leveraged buyout program across the country’s coal ash heaps. The Loan Programs Office, thanks to the Bipartisan Infrastructure Law and the Inflation Reduction Act, now offers far-below-market-rate loan guarantees to developers, including state governments and utility companies, seeking to repurpose fossil fuel assets through its Energy Infrastructure Reinvestment program. This program’s authority allows borrowers to use their financing for “refinancing outstanding indebtedness directly associated with eligible Energy Infrastructure.” All policymakers have to do now is scrap the program’s 2026 end date and, ideally, endow a federal institution with the power to borrow from this authority to purchase and refinance fossil fuel assets, rather than leave that task solely in the hands of state governments and utilities, with their varying capacities for and interest in coordinating a coherent phaseout plan. And now that interest rates are poised to fall, this refinancing becomes much cheaper.
That’s reason number one. Reason number two has to do with private equity funds’ ability to shield the assets in their portfolio from valuation volatility on publicly traded stock markets. Private equity funds need not publicize how much their portfolios are worth, except at infrequent intervals and when they sell assets. But thanks to private equity’s reputation as a high-return investment, fund investors pay a premium for the illiquidity of not always knowing the value of their assets. Purchase assets, juice returns, sell, and repeat ― this is the conventional private equity playbook.
But macroeconomic conditions today are such that private equity companies are now struggling to sell their portfolios. High interest rates have made leveraged buyouts of new assets and refinancing debts on unsold assets much more costly, and have tempered rapid asset value growth. As this once-frenetic industry slows down, funds are anxious to get assets off their books ― hence the recent wave of consolidation.
This is an opportune moment for the Feds to step in. It’s not just that the government’s capacity for undertaking leveraged buyouts is the greatest; more importantly, it never needs to sell. The valuation volatility that first prompts fossil fuel majors to divest from dying, dangerous assets yet incentivizes private equity funds to pump as much as they can out of them to resell them later at a profit is simply not something the federal government needs to worry about. A state holding company can siphon distressed assets off public markets and shut down the “merry-go-round” of asset sales and resales.
Objections to government intervention here are likely premised on the fact that, well, it’s the government. But the government would still be purchasing assets from private owners on financial markets, just like any market actor would. Today’s uncoordinated constellation of private fossil fuel firms and funds, on the other hand, cannot manage a coordinated phaseout, especially not under binding profitability constraints ― which the federal government does not share.
Local communities can’t finance phaseouts or cleanups themselves, and leaving hundreds of billions of dollars worth of stranded assets in the hands of under-regulated private firms will only accelerate climate catastrophe. The government must use the financial techniques that private equity funds have already pioneered to bring them to heel, in service of public goals.
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And more of the week’s top news around development conflicts.
1. Benton County, Washington – The bellwether for Trump’s apparent freeze on new wind might just be a single project in Washington State: the Horse Heaven wind farm.
2. Box Elder County, Utah – The big data center fight of the week was the Kevin O’Leary-backed project in the middle of the Utah desert. But what actually happened?
3. Durham County, North Carolina – While the Shark Tank data center sucked up media oxygen, a more consequential fight for digital infrastructure is roiling in one of the largest cities in the Tar Heel State.
4. Richland County, Ohio – We close Hotspots on the longshot bid to overturn a renewable energy ban in this deeply MAGA county, which predictably failed.
A conversation with Nick Loris of C3 Solutions
This week’s conversation is with Nick Loris, head of the conservative policy organization C3 Solutions. I wanted to chat with Loris about how he and others in the so-called “eco right” are approaching the data center boom. For years, groups like C3 have occupied a mercurial, influential space in energy policy – their ideas and proposals can filter out into Congress and state legislation while shaping the perspectives of Republican politicians who want to seem on the cutting edge of energy and the environment. That’s why I took note when in late April, Loris and other right-wing energy wonks dropped a set of “consumer-first” proposals on transmission permitting reform geared toward addressing energy demand rising from data center development. So I’m glad Loris was available to lay out his thoughts with me for the newsletter this week.
The following conversation was lightly edited for clarity.
How is the eco right approaching permitting reform in the data center boom?
I would say the eco-right broadly speaking is thinking of the data center and load growth broadly as a tremendous and very real opportunity to advance permitting and regulatory reforms at the federal and state level that would enable the generation and linear infrastructure – transmission lines or pipelines – to meet the demand we’re going to see. Not just for hyperscalers and data centers but the needs of the economy. It also sees this as an opportunity to advance tech-neutral reforms where if it makes sense for data centers to get power from virtual power plants, solar, and storage, natural gas, or co-locate and invest in an advanced reactor, all options should be on the table. Fundamentally speaking, if data centers are going to pay for that infrastructure, it brings even greater opportunity to reduce the cost of these technologies. Data centers being a first mover and needing the power as fast as possible could be really helpful for taking that step to get technologies that have a price premium, too.
When it comes to permitting, how important is permitting with respect to “speed-to-power”? What ideas do you support given the rush to build, keeping in mind the environmental protection aspect?
You don’t build without sufficient protections to air quality, water quality, public health, and safety in that regard.
Where I see the fundamental need for permitting reform is, take a look at all the environmental statutes at the federal level and analyze where they’re needing an update and modernization to maintain rigorous environmental standards but build at a more efficient pace. I know the National Environmental Policy Act and the House bill, the SPEED Act, have gotten lots of attention and deservedly so. But also it’s taking a look at things like the Clean Water Act, when states can abuse authority to block pipelines or transmission lines, or the Endangered Species Act, where litigation can drag on for a lot of these projects.
Are there any examples out there of your ideal permitting preferences, prioritizing speed-to-power while protecting the environment? Or is this all so new we’re still in the idea phase?
It’s a little bit of both. For example, there are some states with what’s called a permit-by-rule system. That means you get the permit as long as you meet the environmental standards in place. You have to be in compliance with all the environmental laws on the books but they’ll let them do this as long as they’re monitored, making sure the compliance is legitimate.
One of the structural challenges with some state laws and federal laws is they’re more procedural statutes and a mother may I? approach to permitting. Other statutes just say they’ll enforce rules and regulations on the books but just let companies build projects. Then look at a state like Texas, where they allow more permits rather quickly for all kinds of energy projects. They’ve been pretty efficient at building everything from solar and storage to oil and gas operations.
I think there’s just many different models. Are we early in the stages? There’s a tremendous amount of ideas and opportunities out there. Everything from speeding up interconnection queues to consumer regulated electricity, which is kind of a bring-your-own-power type of solution where companies don’t have to answer or respond to utilities.
It sounds like from your perspective you want to see a permitting pace that allows speed-to-power while protecting the environment.
Yeah, that’s correct. I mean, in the case of a natural gas turbine, if they’re in compliance with the regulations at the state and federal level I don’t have an issue with that. I more so have an issue if they’re disregarding rules at the federal or state level.
We know data centers can be built quickly and we know energy infrastructure cannot. I don’t know if they’ll ever get on par with one another but I do think there are tremendous opportunities to make those processes more efficient. Not just for data centers but to address the cost concerns Americans are seeing across the board.
Do you think the data center boom is going to lead to lots more permitting reform being enacted? Or will the backlash to new projects stop all that?
I think the fundamental driver of permitting reform will be higher energy prices and we’ll need more supply to have more reliability. You just saw NERC put out a level 3 warning about the stability of the grid, driven by data centers. People really pay attention to this when prices are rising.
Will data centers help or hurt the cause? I think that remains to be seen. If there’s opportunities for data centers to pay for infrastructure, including what they’re using, there are areas where projects have been good partners in communities. If they’re the ones taking the opportunity to invest, and they can ensure ratepayers won’t be footing the bill for the power infrastructure, I think they’ll be more of an asset for permitting reform than a harm.
The general public angst against data centers is – trying to think of the right word here – a visceral reaction. It snowballed on itself. Hopefully there’s a bit of an opportunity for a reset and broader understanding of what legitimate concerns are and where we can have better education.
And I’m certainly not shilling for the data centers. I’m here to say they can be good partners and allies in meeting our energy needs.
I’m wondering from your vantage point, what are you hearing from the companies themselves? Is it about a need to build faster? What are they telling you about the backlash to their projects?
When I talk to industry, speed-to-power has been their number one two and three concern. That is slightly shifting because of the growing angst about data centers. Even a few years ago, when developers were engaging with state legislatures, they were hearing more questions than answers. But it’s mostly about how companies can connect to the grid as fast as possible, or whether they can co-locate energy.
Okay, but going back to what you just said about the backlash here. As this becomes more salient, including in Republican circles, is the trendline for the eco-right getting things built faster or tackling these concerns head on?
To me it's a yes, and.
I would broaden this out to be not just the eco right but also Abundance progressives, Abundance conservatives, and libertarians. We need to address these issues head on – with better education, better community engagement. Make sure people know what is getting built. I mean, the Abundance movement as a whole is trying to address those systemic problems.
It’s also an opportunity for the necessary policy reform that has plagued energy development in the U.S. for decades. I see this from an eco right perspective and an abundance progressive perspective that it's an opportunity to say why energy development matters. For families, for the entire U.S. energy economy, and for these hyperscalers.
But if you don’t win in the court of public opinion, none of this is going to matter. We do need to listen to the communities. It’s not an either or here.
And future administrations will learn from his extrajudicial success.
President Donald Trump is now effectively blocking any new wind projects in the United States, according to the main renewables trade group, using the federal government’s power over all things air and sky to grind a routine approval process to a screeching halt.
So far, almost everything Trump has done to target the wind energy sector has been defeated in court. His Day 1 executive order against the wind industry was found unconstitutional. Each of his stop work orders trying to shut down wind farms were overruled. Numerous moves by his Interior Department were ruled illegal.
However, since the early days of Trump 2.0, renewable energy industry insiders have been quietly skittish about a potential secret weapon: the Federal Aviation Administration. Any structure taller than 200 feet must be approved to not endanger commercial planes – that’s an FAA job. If the FAA decided to indefinitely seize up the so-called “no hazard” determinations process, legal and policy experts have told me it would potentially pose an existential risk to all future wind development.
Well, this is now the strategy Trump is apparently taking. Over the weekend, news broke that the Defense Department is refusing to sign off on things required to complete the FAA clearance process. From what I’ve heard from industry insiders, including at the American Clean Power Association, the issues started last summer but were limited in scale, primarily impacting projects that may have required some sort of deal to mitigate potential impacts on radar or other military functions.
Over the past few weeks, according to ACP, this once-routine process has fully deteriorated and companies are operating with the understanding FAA approvals are on pause because the Department of Defense (or War, if you ask the administration) refuses to sign off on anything. The military is given the authority to weigh in and veto these decisions through a siting clearinghouse process established under federal statute. But the trade group told me this standstill includes projects where there are no obvious impacts to military operations, meaning there aren’t even any bases or defense-related structures nearby.
One energy industry lawyer who requested anonymity to speak candidly on the FAA problems told me, “This is the strategy for how you kill an industry while losing every case: just keep coming at the industry. Create an uninvestable climate and let the chips fall where they may.”
I heard the same from Tony Irish, a former career attorney for the Interior Department, including under Trump 1.0, who told me he essentially agreed with that attorney’s assessment.
“One of the major shames of the last 15 months is this loss of the presumption of regularity,” Irish told me. “This underscores a challenge with our legal system. They can find ways to avoid courts altogether – and it demonstrates a unilateral desire to achieve an end regardless of the legality of it, just using brute force.”
In a statement to me, the Pentagon confirmed its siting clearinghouse “is actively evaluating land-based wind projects to ensure they do not impair national security or military operations, in accordance with statutory and regulatory requirements.” The FAA declined to comment on whether the country is now essentially banning any new wind projects and directed me to the White House. Then in an email, White House deputy press secretary Anna Kelly told me the Pentagon statement “does not ‘confirm’” the country instituted a de facto ban on new wind projects. Kelly did not respond to a follow up question asking for clarification on the administration’s position.
Faced with a cataclysmic scenario, the renewable energy industry decided to step up to the bully pulpit. The American Clean Power Association sent statements to the Financial Times, The New York Times and me confirming that at least 165 wind projects are now being stalled by the FAA determination process, representing about 30 gigawatts of potential electricity generation. This also apparently includes projects that negotiated agreements with the government to mitigate any impacts to military activities. The trade group also provided me with a statement from its CEO Jason Grumet accusing the Trump administration of “actively driving the debate” over federal permitting “into the ditch by abusing the current permitting system” – a potential signal for Democrats in Congress to raise hell over this.
Indeed, on permitting reform, the Trump team may have kicked a hornet’s nest. Senate Energy and Natural Resources Ranking Member Martin Heinrich – a key player in congressional permitting reform talks – told me in a statement that by effectively blocking all new wind projects, the Trump administration “undercuts their credibility and bipartisan permitting reform.” California Democratic Rep. Mike Levin said in an interview Tuesday that this incident means Heinrich and others negotiating any federal permitting deal “should be cautious in how we trust but verify.”
But at this point, permitting reform drama will do little to restore faith that the U.S. legal and regulatory regime can withstand such profound politicization of one type of energy. There is no easy legal remedy to these aerospace problems; none of the previous litigation against Trump’s attacks on wind addressed the FAA, and as far as we know the military has not in its correspondence with energy developers cited any of the regulatory or policy documents that were challenged in court.
Actions like these have consequences for future foreign investment in U.S. energy development. Last August, after the Transportation Department directed the FAA to review wind farms to make sure they weren’t “a danger to aviation,” government affairs staff for a major global renewables developer advised the company to move away from wind in the U.S. market because until the potential FAA issues were litigated it would be “likely impossible to move forward with construction of any new wind projects.” I am aware this company has since moved away from actively developing wind projects in the U.S. where they had previously made major investments as recently as 2024.
Where does this leave us? I believe the wind industry offers a lesson for any developers of large, politically controversial infrastructure – including data centers. Should the federal government wish to make your business uninvestable, it absolutely will do so and the courts cannot stop them.