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The raw material of America’s energy transition is poised for another boom.

In the town of Superior, Arizona, there is a hotel. In the hotel, there is a room. And in the room, there is a ghost.
Henry Muñoz’s father owned the building in the early 1980s, back when it was still a boarding house and the “Magma” in its name, Hotel Magma, referred to the copper mine up the hill. One night, a boarder from Nogales, Mexico, awoke to a phantom trying to pin her to the wall with the mattress; naturally, she demanded a new room. When Muñoz, then in his fearless early 20s, heard this story from his father, he became curious. Following his swing shift at the mine, Muñoz posted himself to the room with a six-pack of beer and passed the hours until dawn drinking and waiting for the spirit to make itself known.
Muñoz didn’t see a ghost that night, but he has since become well acquainted with others in town. There is the Mexican bakery, which used to sell pink cookies but now opens only when the late owner’s granddaughter feels up to it. There’s the old Magma Club, its once-segregated swimming pool — available one day a week to Hispanics — long since filled in. Muñoz can still point out where all the former bars were on Main Street, the ones that drew crowds of carousing miners in the good years before copper prices plunged in 1981 and Magma boarded up and left town. Now their dusty windows are what give out-of-towners from nearby Phoenix reason to write off Superior as “dead.”
“What happens when a mine closes, the hardship that brings to people — today’s generation has never experienced that,” Muñoz told me.
Superior is home to about 2,400 people, less than half its population when the mine was booming. To tourists zipping past on U.S. 60 to visit the Wild West sites in the Superstition Mountains, it might look half a step away from becoming a ghost town, itself. As recently as 2018, pictures of Main Street were used as stock photos to illustrate things like “America’s worsening geographic inequality.”
But if you take the exit into town, it’s clear something in Superior is changing. The once-haunted boarding house has undergone a multi-million-dollar renovation into a boutique hotel, charging staycationers that make the hour drive south from Scottsdale $200 a night. Across the street, Bellas Cafe whips up terrific sandwiches in a gleaming, retro-chic kitchen. The Chamber of Commerce building, a little further down the block, has been painted an inviting shade of purple. And propped in the window of some of the storefronts with their lights on, you might even see a sign: WE SUPPORT RESOLUTION COPPER.
Resolution Copper’s offices are located in the former Magma Hospital, where Muñoz was born and where his mother died. People in hard hats and safety vests mill about the parking lot, miners without a mine, which is not an unusual sight in Superior these days — no copper has been sold out of the immediate area in over two decades. And yet just a nine-minute drive further up the hill and another 15-minute elevator ride down the deepest mine shaft in the country lies one of the world’s largest remaining copper deposits. It’s estimated to be 40 billion pounds, enough to meet a quarter of U.S. demand, according to the company’s analysis.
That’s “huge,” Adam Simon, an Earth and environmental sciences professor at the University of Michigan, told me, and not just in terms of sheer size.
“Copper is the most important metal for all technologies we think of as part of the energy transition: battery electric vehicles, grid-scale battery storage, wind turbines, solar panels,” Simon said. In May, he published a study with Lawrence Cathles, an Earth and atmospheric sciences researcher at Cornell University, which looked at 120 years of copper-mining data and found that just to meet the demands of “business as usual,” the world will need 115% more of the material between 2018 and 2050 than has been previously mined in all of human history, even with recycling rates taken into account.
Aluminum, used in high-voltage lines, is sometimes floated as a potential substitute, but it’s not as good of a conductor, and copper is almost always the preferred metal in batteries and electricity generation. Renewables are particularly copper-intensive; one offshore wind turbine can require up to 29 tons. What lies in the hills behind Superior, then, represents “millions of electric vehicles, millions of wind turbines, millions of solar panels. And it’s also lots of jobs, from top to bottom — jobs for people with bachelor’s degrees in engineering, mining, geology, and environmental science, all the way down to security officers and truck drivers,” Simon said. He added: “The world will need more copper year over year for both socioeconomic improvement in the Global South and also the energy transition, and neither of those can happen without increasing the amount of copper that we produce.”
Muñoz insisted to me that the promises of jobs and a robust local economy are a kind of Trojan horse. “Everybody’s getting drunk and having a good time: ‘Oh, look at the gift they brought us!’” he said of Superior’s support for Resolution Copper. “But at night, they’re going to sneak out of that horse, and they’re going to leave an environmental disaster.”
For now, though, the copper has just one catch: Resolution isn’t allowed to touch it.
If not for a painted sign declaring the ground HOLY LAND, there would be nothing visible to suggest the 16 oak-shaded tent sites over Resolution Copper’s ore body were anything particularly special. The Oak Flat campground is less than five miles past Superior, but at an elevation of nearly 4,000 feet, it can feel almost 10 degrees Fahrenheit cooler. On the late June day that I visited with Muñoz, Sylvia Delgado, and Orlando “Marro” Perea — the leaders of the Concerned Citizens and Retired Miners Coalition — the floor of the East Valley was 113 degrees Fahrenheit, and the altitude offered only limited relief.
Directly below us and to the east of the campground, beneath a bouldery, yucca-studded desert, lies the copper deposit. At 7,000 or so feet deep, extracting it would require an advanced mining process called block caving, in which ore is collected from below through what is essentially a controlled cave-in, like sand slipping through the neck of an hourglass.
Muñoz, a fifth-generation miner, prefers the metaphor of going to the dentist. “They drill out your tooth and refill it: that’s basically traditional cut-and-fill mining,” he told me. “Block cave, on the other hand, would be going to the dentist and having them pull out the whole molar. It just leaves a vacant hole.” In this case, the resulting cavity would be almost two miles wide and over 1,000 feet deep by the time the ore was exhausted sometime in the 2060s.
Even four decades is just a blink of an eye for Oak Flat, though, where human history goes back at least 1,500 years; anthropologists say the mine’s sinkhole would swallow countless Indigenous burial locations and archeological sites, including petroglyphs depicting antlered animals that Muñoz and Perea showed me hidden deep in the rocks. Even more alarmingly, the subsidence would obliterate Chí'chil Biłdagoteel, the Western Apache’s name for the lands around Oak Flat, which are sacred to at least 10 federally recognized tribes. The members of the San Carlos Apache who are leading the opposition effort, and use the location for a four-day-long girlhood coming-of-age ceremony, say it is the only place where their prayers can reach the Creator directly.
Mining and Indigenous sovereignty have been at odds in Arizona for over a century. “The Apache is as near the lobo, or wolf of the country, as any human being can be to a beast,” The New York Times wrote in 1859, claiming the tribe was “the greatest obstacle to the operations of the mining companies” in the area. Three years later, the U.S. Army’s departmental commander ordered Apache men killed “wherever found,” the social archaeologist John Welch writes in his eye-opening historical survey of the region, in which he also advocates for using the term “genocide” to describe the government’s policies. That violence still casts a shadow in Superior: Apache Leap, an astonishing escarpment that looms over the town and backs up against Oak Flat, is named for a legend that cornered Apache warriors jumped to their deaths from its cliffs rather than surrender to the U.S. Cavalry.
As the Apache were being forced onto reservations and into residential boarding schools during the late 1890s, a treaty with the government set aside Oak Flat for protection. The land was later fortified against mining by President Dwight D. Eisenhower, with the federal protections reconfirmed by the Nixon administration in the 1960s. (The defunct Magma Mine that fueled the first copper boom in Superior is located just off this 760-acre “Oak Flat Withdrawal Area.”)
In 1995, the enormity of the Oak Flat ore body — and the billions it would be worth if it could be accessed — started to become apparent. The British and Australian mining companies Rio Tinto and BHP Billiton formed a U.S. subsidiary, Resolution Copper, which bought the old Magma mine and began to lobby Arizona politicians to sign over the neighboring parcel of Oak Flat. Between 2004 and 2013, lawmakers from the state introduced 11 different land transfer bills into Congress, none of which managed to earn broad support.
Then, in December 2014, President Barack Obama signed a must-pass defense spending bill. On page 1,103 was a midnight rider, inserted by Arizona Republican Senators John McCain and Jeff Flake, which authorized a land transfer of 2,400 acres of Tonto National Forest, including Oak Flat, to Resolution Copper in exchange for private land the company had bought in other parts of the state. (Flake previously worked as a paid lobbyist for a Rio Tinto uranium mine, and the company contributed to McCain’s 2014 Senate campaign.)

The senators’ rider also included an odd little twist. While the National Environmental Policy Act requires the Forest Service to conduct an environmental impact statement for a potential mine, the bill stipulated that the land transfer to Resolution Copper had to be completed within a 60-day window of the final environmental impact statement’s release, regardless of what the FEIS found.
After six years of study, the FEIS was rushed to publication by President Donald Trump in the final five days of his term, triggering that 60-day countdown. President Biden rescinded Trump’s FEIS once he took office in 2021, pending further consultation with the tribes, but the clock will begin anew once a revised FEIS is released, potentially later this year. (The new FEIS was expected last summer, but the Forest Service has since reported there is no timeline for its release. The agency declined to comment to Heatmap for this story, citing ongoing litigation.)
A spokesperson for Resolution Copper told me that the company is “committed to being a good steward of the land, air, and water throughout the entirety of this project,” and described programs to restore the local ecology and preserve certain natural features, including Apache Leap. “At each step,” the spokesperson said, “we have taken great care to solicit and act upon the input of our Native American and other neighbors. We have made many changes to the project scope to accommodate those concerns and will continue those efforts over the life of the project.”
Meanwhile, Apache Stronghold — the San Carlos Apache-led religious nonprofit opposing the mine — filed a lawsuit to block the land transfer, arguing that the destruction of Oak Flat infringes on their First Amendment right to practice their religion. The lower courts haven’t agreed, citing a controversial 1988 decision against tribes who made a similar argument in defense of a sacred grove of trees in California. Apache Stronghold, joined by the religious liberty group Becket, is now asking the U.S. Supreme Court to hear its case, a decision that is expected any day now. Nearly everyone I spoke with for this story, however, was pessimistic that the Justices would agree to hear the battle over Oak Flat, meaning the lower court’s ruling against Apache Stronghold would stand.
If Mila Besich could have it her way, Biden would visit Superior. He’d marvel at Apache Leap and Picketpost Mountain, visit the impressive new Superior Enterprise Center — paid for partially with money from his 2021 American Rescue Plan Act — and maybe wrap up the day with a purple scoop of prickly pear ice cream from Felicia’s Ice Cream Shop. And, most importantly, he’d hear her pitch: that “Superior and the state of Arizona have a once-in-a-generation opportunity to be the leader in advancing your green energy strategy.” She says Superior — and America — needs this mine.
Superior is a blue town, and Besich, its mayor, is a Democrat, which means she has found herself in the awkward position of defending Resolution Copper against colleagues like Congressman Raúl Grijalva of Tucson and Senator Bernie Sanders of Vermont, who have introduced unsuccessful bills in Congress to prevent the land transfer. There is something of a bitter irony, too, in seeing her party tout the economic upsides of the energy transition while standing in the way of Superior’s mine, which would employ an average of 1,434 workers per year and add over $1 billion annually to Arizona’s economy during its lifespan, according to the FEIS.
“Every mayor wants more jobs in their community,” Besich told me simply. But, she also pointed out, “Copper is critical to the green economy, so if we want the green economy, we should want to be mining American copper.”
Superior, of course, isn’t just any town. “Everybody here either worked in the mines or had family that worked in the mines,” James Schenck, a former employee of Resolution Copper who supports the mine and serves as the treasurer for Rebuild Superior, a nonprofit working to diversify the local economy, told me. “They understand the downsides, and some of them, for a while, were having a hard time understanding how this is different than what went on before.”
Though everyone seems to be on cordial terms — at one point during my visit, I was having lunch with Muñoz and Delgado when Besich walked in, and everyone smiled politely at one another — there are still clear factions. A Facebook group for locals warns against “posts concerning DRAMA, POLITICS, RELIGION, and MINING,” presumably the same topics to be avoided at family Thanksgivings.
The critical mineral experts I talked to for this story, though, said Schenck is largely right on that point. “Mining in 2024 is radically different than mining in 1954 or in 1904,” Simon told me. “It is really surgical.”
Muñoz is one of those in town who still isn’t buying it, and has converted his garage into an interpretive center for exposing the perceived infiltrators. As soft classic rock played over the speakers and a fan whirred to keep us cool, he showed me the 3D model he had commissioned of the Oak Flat sinkhole, with a miniature Eiffel Tower subsumed in its crater for scale. Laid out on a table on the other side of the room was a row of six dictionary-thick, spiral-bound sections of the FEIS, their most pertinent sections bookmarked. On the walls, Muñoz had hung pictures of comparable tailings sites in other parts of the world — cautionary tales of the hazards posed during the long lifespan of mines. (Including the water demands, no small concern in a place like Arizona, which opens a whole other can of worms).
“I use my experience to educate the people,” Muñoz said. “This isn’t what it’s made out to be. They’re going to play you.”
Muñoz was employed at the Magma Copper mine until 1982, when he was 27. “One day they said, ‘We’re shutting down.’ They folded up just like a carnival does on Monday morning,” he recalled. The abrupt departure devastated Superior: In These Times described the following years as an “economic cataclysm” for the town. By 1989, the median household income was just $16,118 compared to $36,806 in Queen Creek, the nearest Phoenix suburb just a 45-minute drive away.
“I witnessed grown men cry,” Muñoz said. “Men who’d been in the mines pretty close to 30 years — they never knew nothing else.” His father, the former boarding house owner, was among them: “He had limited writing abilities and what have you. He was 58. People lost their homes here. They lost their cars. There were divorces. Some people committed suicide. The drinking, the drugs. It was a bad time.”
Muñoz went on food stamps and unemployment. “This generation that is coming up, they’ve never experienced that,” he said. “They’ve never experienced a repossession note in the mail from the bank. They’ve never experienced a disconnection notice hanging from your front door knob. And they’ve never experienced calling up the utilities and saying, ‘Hey, can you wait until Friday when my unemployment check comes in?’”
Superior’s story isn’t unique; Arizona’s Copper Triangle is a constellation of hollowed-out company towns. Like many other out-of-work Magma miners, Muñoz eventually found a job at San Manuel, a BHP-owned block cave mine about an hour south of Superior. Then, in 1999, copper prices stuttered again, and by 2003, it shut down, too.
Muñoz had just returned from a car show in San Manuel when we met in his garage, and he reported it was still a sorry sight. “The main grocery store is closed, the Subway, all the buildings are boarded up, and the schools are shut down,” he said. The mine “just abandoned that town.”
Even as Muñoz and the Concerned Citizens and Retired Miners Coalition work with Apache Stronghold and national environmentalist groups like HECHO, the Sierra Club, and the National Wildlife Federation try to block Resolution Copper’s mine, there is a distinct feeling in Superior of its inevitability. Schenck, the treasurer for Rebuild Superior, told me he suspects just “10% or 15%” of people in town are “against the project.”
“My personal belief is this copper deposit is going to be developed at some point,” Schenck said. “It’s too important.”
Besich, the mayor, gave this impression too. “What people need to understand is, this ore body is not going anywhere,” she said. “Someone will mine it in the future.” She views Superior and the copper industry as partners in an “arranged marriage,” and her job as mayor is helping them “figure out how to get along.”
From the outside, though, Resolution Copper looks more like a sugar daddy. To date, Rio Tinto and BHP have spent more than $2 billion combined pursuing the Oak Flat mine, including pumping money into the Chamber of Commerce building, the Enterprise Center, and the fire department. When the town of Kearny, downstream of the mine’s proposed tailings site, needed a new ambulance, Resolution Copper offered to help foot the bill. Local high schoolers and tribal members can even apply for Resolution Copper scholarships.
Critics say Resolution Copper is buying political and social influence in the Copper Corridor, a modern-day iteration of the propaganda tactics that swept aside the Apache in the late 1800s. Rio Tinto and BHP “remain committed to influencing U.S. government decisions about the use of public lands and minerals, regardless of additional harms to those lands, to Native Americans, or to National Register historic sites and sacred places,” the archaeologist Welch wrote in his Oak Flat study.
Rio Tinto is infamous even in the mining industry for its poor history of handling community- and heritage-related concerns. To pick a recent example, the company drew international condemnation for its 2020 destruction of the Juukan Gorge cave in Western Australia, a sacred site to the Aboriginal people that had evidence of continuous human occupation going back to the Ice Age. Though Rio Tinto had the legal right to destroy the 45,000-year-old caves, “it is hard to believe community engagement is being taken seriously” by the company, Glynn Cochrane, a former Rio Tinto senior advisor, said in a testimony in the aftermath. Archaeologists and sympathetic politicians have warned that the cultural and spiritual loss caused by mining Oak Flat would be like a second Juukan Gorge.
The San Carlos Apache are not a monolith, however, and the community has differing beliefs about the cultural importance of Oak Flat. Tribal members who support the mine or work for Resolution Copper are often cited by non-Native supporters as proof of Apache Stronghold’s supposedly arbitrary defense of Oak Flat. (Apache Stronghold, which is on a prayer journey to petition the Supreme Court, did not return Heatmap’s request for comment.)
Muñoz and his team are specifically worried about how Superior, the town, will make out. U.S. copper smelters are already at capacity, meaning Resolution Copper would likely send much if not all of the raw copper extracted at Oak Flat to China for processing. (Rio Tinto’s largest shareholder is the Aluminum Corporation of China.) The spokesperson for Resolution Copper told me that it’s the company’s priority to process the ore domestically, and Rio Tinto does have its own facility in the U.S., the Kennecott copper smelting facility in Utah. Yet it hasn’t committed publicly to processing the Arizona ore there, and it’s far from clear that it even has the capacity to do so.
For Simon, the University of Michigan professor, that shouldn’t be a deterrent: “If we mine more copper here and it just means we have to export it — who cares?” he pushed back. “If it has to go to China and they smelt it, then you send it to China and they smelt it. Climate is the prize, and if we want to mitigate our impact, we’ve got to do it. There are no ifs, ands, or buts.”
Oak Flat is also located outside of Superior’s town limits, meaning the community would only recoup about $500,000 in tax revenue, on the high end, from the mine annually, according to the 2021 FEIS — Schenek told me the town’s budget is around $3 million, so it’s hardly insignificant, though it is peanuts compared to the $38 million the state would reap. The FEIS additionally estimated that only about a quarter of the mine’s eventual employees would actually “seek to live in or near Superior;” many would choose instead to commute the hour or so from Phoenix’s Maricopa County.
Because of technological advances in mining and robotics, the mine also won’t bring back the physical jobs locals remember from the 1970s — by Resolution Copper’s own admission. Besich, at least, isn’t bothered by this detail: “In all reality, I don’t see my children and their peers wanting to do the manual physical labor that my grandfather, my father, and certainly my great-grandfather did,” she told me. “So the change in technique is good, and I think that it’s actually better for the environment in the long term.” She added that Resolution Copper’s investment in things like local infrastructure and worker training programs will compensate for the comparably insignificant tax revenue the town will otherwise receive, ensuring Superior gets a fair cut of the bonanza.
What supporters and opponents of the mine can agree on is that Superior must avoid the devastation of the 1980s if or when the Oak Flat mine is exhausted in 40 or more years. Besich and Schenck told me their vision is for Superior to be a town with a mine, not a mining town. But is such a thing even possible? In recent years, Superior has tried to position itself as an outdoor recreation gateway to the many climbing routes and hiking trails in the area. Yet I struggle to imagine anyone would want to vacation or recreate so close to a massive mining operation.
Muñoz believes Superior should throw itself entirely into tourism, which brings in three times as much revenue as the copper industry in Arizona. He dismissed arguments that losing the mine this far into negotiations and preparations would set the town back two decades, telling me about a conversation he had with Vicky Peacey, the president of Resolution Copper. “She said, ‘How do I tell my 300-plus employees that they don’t have a job?’” he recalled. “I said, ‘The same way BHP told the 3,300 in San Manuel they didn’t have a job. Magma Copper didn’t have a problem telling us we didn’t have a job in ‘82.”
Whatever gets decided about Oak Flat will reverberate far beyond Superior, though. “We’ve got to keep our eyes on the prize,” Simon told me. “And if the prize is mitigating human impacts on climate, and that requires the energy transition, and that requires copper, and we have a potential mine in Arizona that would provide 500,000 tons of copper every year for decades — we need to do that.”
At the end of my day in Superior, I went with Muñoz and Delgado, another former miner, to visit the haunted boarding house.
The renovated interior was surprisingly beautiful, decorated with period-appropriate details like iron bed frames, clawfoot bathtubs, and lace curtains that softened the harshness of the mid-afternoon light. Though even the FEIS warns that “mining in Arizona has followed a ‘boom and bust’ cycle, which potentially leads to great economic uncertainty,” it was with a pang that I imagined the building one day falling back into disrepair. It, and the town, had survived too much.
After peeking into Room 103, where Muñoz had passed his tipsy night all those decades ago, we asked the friendly woman working the front desk if she’d had any supernatural experiences herself — surely she’d seen the mattress-flipping phantom, or swinging chandeliers, or perhaps a white-boot miner who’d come down from the hills?
To our disappointment, she shook her head. For now, whatever ghosts there once might have been in Superior had gone.
Editor’s note: This story has been updated to include comment from Resolution Copper.
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The bill has bipartisan support, but even as Washington State burns, chances for passing it this session are looking slim.
It has been five days since the Old Trail fire burned through northeast Spokane, one of three blazes to encroach on the periphery of Washington state’s second-largest city this week. Tens of thousands of residents remain under evacuation notices, with some still unsure of if their homes are standing. While fire crews used cool weather at the end of the week to dig in new fire lines, this weekend marks the return of hot, dry, and windy red flag conditions.
The fight is far from over — nor is it limited to Spokane. The entire Northwest appears to be ablaze, with 44 large, uncontained fires burning in Washington and Oregon alone.
Something, everyone agrees, needs to be done. Exactly what, though, is a tougher question.
Most prominent among the potential solutions is the Fix Our Forests Act, which has managed to earn bipartisan support in the halls of an increasingly divided Congress. But it has also split the environmental movement in two. Even as the urgency has risen, hope for it to pass during this Congress has diminished, a sign of just how fraught forest management has become in this age of fires.
Initially drafted in 2023 under President Joe Biden, the Fix Our Forests Act aims to modernize forest management practices by sweeping away regulatory hurdles. After passing the House in September 2024, the bill arrived too late in the Senate for a committee vote. The bill was picked up again in 2025 after the Los Angeles wildfires, with its co-sponsor, House Committee on Natural Resources Chair Bruce Westerman, touting it as a way to prevent “future disasters.” (Westerman reintroduced the law with Democratic Representative Scott Peters of San Diego after they bonded over sequoias on a flight.)
With California’s tragedy fresh on the lower chamber’s minds, the bill quickly passed to a floor vote, with 64 Democrats joining all of the Republicans in sending it to the Senate. There, the bill has similar cross-aisle support. As one press email I received from an electrical manufacturer’s industry group in support of the legislation observed, “At least we can agree on wildfire mitigation.”
But though FOFA cleared its Senate committee markup 18-5, the August recess is now looming, meaning the window for a floor vote is narrowing. Given other must-pass bills languishing in the Senate, supporters of the Fix Our Forest Act fear it may once again get booted to the next Congress.
Matt Weiner, the CEO and founder of the nonprofit advocacy group Megafire Action, which backed the bill with a six-figure ad campaign last year, told me he’s nevertheless feeling optimistic. “They’ve gotten the clearances they need on both sides to get it into a must‑pass vehicle, so there’s potential for floor time in September and potential for lame duck movement as well,” he said.
I’ve been speaking with Weiner about FOFA since 2024; against the backdrop of the burning West, he’s getting antsy. “We can’t just be discussing it for the next decade as these treasured landscapes that we love so much go up in smoke,” Weiner said. “The way they’re burning, they’re not going to come back in the way we know the West.”
FOFA aims to prevent fires by making it easier for forest managers to use mitigation practices, such as prescribed burning and mechanical thinning, on federal land. It does this by allowing projects of up to 10,000 acres to qualify for a “categorical exclusion” exempting them from National Environmental Policy Act reviews, more than tripling the current cap of 3,000 acres. It also gives the Forest Service discretion to designate high-risk wildfire regions of up to 250,000-acres as “fireshed management areas,” a determination that bypasses time-consuming public and tribal comment processes, NEPA reviews, and certain Endangered Species Act and National Historic Preservation Act guardrails. The statute of limitations for stakeholders and the public to bring a legal challenge against a management plan is further reduced from six years to 150 days.
In 2025, The Breakthrough Institute, which also supports the bill, found that forest management projects drew more NEPA-related litigation than any other kind, adding an average of two years to their development timeline. “There are plenty of examples where we’ve seen those exact forests where projects were planned go up in smoke,” Emily Bass, the director of federal policy, food, and agriculture at Breakthrough, told me.
Environmental and conservation groups are divided on the bill, though. More than 100 nonprofits and advocacy groups — including the Sierra Club, the Center for Biological Diversity, and Earthjustice — signed onto a letter ahead of FOFA’s Senate committee hearing last fall arguing that “provisions of the bill represent the antithesis of effective, science-based wildfire mitigation and offer false solutions that would harm communities, ecosystems, and biodiversity.”
Of particular concern is the fact that, among more popular wildfire mitigation techniques like prescribed burns, the bill considers “any” timber harvest to be a “hazardous fuels management activity.” That means, in essence, that FOFA would open hundreds of thousands of acres of federal forest to NEPA-free logging in the name of wildfire mitigation.
“It makes sense that there might be some emergency situation where you’d need to get in and quickly remove vegetation on a small area,” Ellen Montgomery, the public lands campaign director for Environment America, told me. But a categorical exclusion of 10,000 acres would create a “‘log first, tell us what you log later’ situation,” she said. “It could be old growth forest. It could be mature. It could be wildlife habitat. It could have serious watershed health impacts, and we literally wouldn’t even know they’ve done it.”
In addition to sidestepping NEPA, a separate provision in FOFA would make it easier to avoid redoing Endangered Species Act consultations at the landscape-plan level if new information about a listed animal or plant emerges, something opponents say is another nail in the coffin of an already substantially weakened ESA.
Weiner is sensitive to criticisms that focus on the bill as a “handout” to corporate timber interests, arguing that “we don’t have examples of a single wildfire categorical exclusion being used inappropriately for timber harvest.”
Alex Craven, the national forest campaign manager for the Sierra Club, wasn’t persuaded by that argument. “It hasn’t been abused yet,” he said. “My counter question would be, why would some of these sweeping authorities need to be as large or expansive as they are?” (Susan Jane M. Brown, the principal and chief legal counsel of Silvix Resources, a nonprofit environmental law firm, later pointed me to a case from earlier this year in which the timber industry used a categorical exclusion in Oregon to justify logging that a judge found “would have no significant impact” on actually reducing fire hazards.)
There is also President Trump’s 2025 executive order establishing timber harvest quotas for the Forest Service. Though FOFA was initially drafted in 2023, under the previous administration, the current Forest Service chief is a former timber lobbyist whose “theory of wildfire prevention [is] you prevent wildfires by not having trees,” the conservation-focused Substack More Than Just Parks has argued. Though supporters of FOFA argue the Trump administration will pursue its timber quotas with or without the bill, Montgomery of Environment America said that complicity on those grounds is “ridiculous.”
“Just because there’s a very permissive executive order that encourages increased logging doesn’t mean it’s a good idea for Congress to pass a law to codify that," she said. “In fact, it makes it worse — a future administration can rescind an executive order. But if this law is on the books that authorizes these large categorical exclusions, that’s much harder to reverse.”
New additions to the bill such as a workforce protection program for Forest Service employees, a consolidated wildland-urban interface grant program, and the streamlined Wildfire Intelligence Center have helped win over some of the more forest management-focused holdouts over the years, including the Nature Conservancy, the National Wildlife Foundation, and the Environmental Defense Fund.
“I can’t speak to other nonprofits’ fears on this, but I can tell you we feel confident that the guardrails with NEPA and public review, and even the categorical exclusion increase of 10,000 acres, are well within the reasonable need for us to carry out our work and also protect important habitat, drinking water, and other aspects,” Eric Sprague, the director of forest conservation at the National Audubon Society, which also supports FOFA, told me. He added that he was particularly excited about a reforestation piece included in the bill, which creates a list of priority projects, as well as its forward-looking seed sourcing program focused on adapting to hotter future habitats.
FOFA is one of a suite of fire management bills in various stages in Congress, including some with overlapping aims. (The Farm Bill that passed the House this spring, for example, contains language expanding categorical exclusions to 10,000 acres.) Some organizations have championed the Community Protection and Wildfire Resilience Act, which has been referred to committee in the Senate and focuses more on community-level resilience measures like home hardening, as an alternative to FOFA.
The Wildfire Emissions Prevention Act is a narrower bill that also has bipartisan support, and entered committee last month. Like FOFA, it has also divided environmental groups with its approach. Though it would ostensibly weaken Clean Air Act protections, it does so in the name of making it easier to greenlight prescribed burns, a well-tested tactic for curbing major fires in certain ecosystems. Bass noted that the Forest Service treated only 1.1 million acres with beneficial fire last year, against a national target of 3.6 million, even despite an influx of Inflation Reduction Act and Infrastructure Investment and Jobs Act funding. An optimal rate, per Breakthrough’s analysis, is closer to 3.9 million acres per year in California alone.
But underscoring the fragmented nature of wildfire mitigation bedfellows and enemies, even WEPA has its skeptics. “EPA’s regulations already provide for [prescribed fire as an exceptional event],” Abi Vijayan, an attorney at the Environmental Defense Fund who testified against WEPA, told me. “It doesn’t put prescribed fires on the table as a legal matter,” she went on. “It just weakens the guardrails that are already in place in both the Clean Air Act and EPA’s regulations.”
But here’s the $3.4 million question: If FOFA had passed when it was first introduced back in 2024, would the 2026 fire season look the same as it does now? It’s impossible to say. While Weiner pointed to positive examples like the prescribed burn scar that helped save South Lake Tahoe in 2021, experts largely agree that poor or stymied forest management efforts weren’t the root cause of the chaparral fires that burned into L.A. neighborhoods unwisely carved into fire-prone landscapes.
Even the bill’s co-sponsors acknowledge that while the bill might be a “move in the right direction,” it is ultimately meaningless in a greater policy vacuum. As New Mexico Democratic Senator Martin Heinrich put it to me in a statement: “Congress has to provide the meaningful investment to get this work done, and this administration needs to stop undermining the science, our public lands, and the federal workforce that make effective forest management possible.”
Forest management is only one piece of a complex puzzle; we also need to manage our communities, both where and how they are built. Looking at some of the most recent catastrophic fires — in Lahaina, Los Angeles, and Spokane — the unifying trend is not overgrown, untreated forests, but rather the nationwide pattern of suburban encroachment. “Federal land increasingly contributes little to disasters in urban and semi-urban settings,” The New York Times’ David Wallace-Wells wrote in January, marking the anniversary of the L.A. fires. Indeed, despite Westerman’s promise that FOFA would prevent “future disasters,” it likely would have done very little for Spokane, where an arsonist ignited the fire in a state park.
Craven of the Sierra Club emphasized that this is why he opposes the blunt instrument of FOFA when it comes to tackling the hydra that is wildfire. “It’s almost more valuable to look at the wildfire crisis as the wildfire crises in terms of what you are trying to solve,” he said. “Is that the protection of homes and communities? Or is it returning forest health and natural fire cycles to these landscapes? The solutions you come up with need to be matched to the right problems.”
A chat with Colette Lamontagne, senior director for electric power at Ceres.
This week’s conversation is with Colette Lamontagne, senior director for electric power at the sustainability finance advocacy group Ceres. Her team just released a shareholder engagement guide for the utility space around data center development. I’ve been wondering when the ESG crowd would enter into the AI infrastructure fray, so I asked if I could chat with Colette about what the guide could teach my lovely readers and whether the data center backlash portends a new wave of boardroom fights between electric companies and institutional investors.
Our conversation was lightly edited for clarity.
What is the big message of this guide? If you were to talk about this over a coffee, what would be the topline takeaway?
These data centers are coming, but they can be done right. They don’t have to be done in a way that negatively impacts energy, water, and communities, and we need to slow down just enough to be able to do it right.
It’s not a guide about what data centers should do — it's a guide on the risks to the electric power sector. The biggest risk is the magnitude of power needed and the timing — how quickly it’s needed. Because of that, the traditional process for electric utilities can’t keep pace. It’s all regulated. There’s a lot of steps they have to go through to build new transmission infrastructure and new generation. If the grid connected companies can’t keep up the pace, data centers will just build their own generation. And the biggest problem with that? You have all these resources not shared by the users.
Do you think data centers are going to create a new wave of ESG-based investor advocacy?
I haven’t thought about it as a new age for ESG, but that’s a good point. We are moving beyond asking companies about targets and to create transition plans. Now we’re looking at how to accelerate solutions for climate impacts. I do think there’s a new age related to that.
When it comes to data centers, the questions aren't about utilities and their targets, but instead how they’ll meet this need so they don’t go back to old coal plants or [build] new [behind the meter] plants not used by the grid.
Should we anticipate some kind of new shareholder advocacy wave around how integrated utilities and power companies address or mitigate the impacts of the data center boom on meeting their resource plans, especially decisions made as a result of shareholder advocacy on climate?
If a data center comes to a utility and says they need 100 megawatts of power and the utility chooses to serve that with coal or gas instead of new renewables, it will impact their clean energy goals. If they say they signed a power purchase agreement and give all these renewable resources to a data center, that’s not new — you’re still impacting your clean energy goals because then you’re taking the renewables away from other customers. You have to build something else for those other customers. What are you building instead?
How they think about their long-term resource plans is really important. These generation sources will be around for a very long time. In most cases, renewable energy is cheaper to build. Gas plants require a four- or five-year wait for turbines. So not only is it better for the environment but better for business to get these renewables built.
I’ve written a lot about data center water use. The guide goes into the energy sector’s water use impacts from this increased power demand from data centers; specifically, it says investors should consider asking utilities to conduct new comprehensive water risk assessments around it. Can you help my readers and I better understand what this kind of assessment is and why companies should consider doing this?
Different types of electric generation facilities use different amounts of water. Some of it is withdrawn and put back. Some of it is withdrawn and consumed. Those matter. In cases when water is drawn and put back, the temperature goes up — that’s impacting the environment.
It’s an interesting dichotomy. The new technologies that use air cooling use less water, but they use more energy. Then you have to think about what electricity you’re using and how much water that electricity is using. It’s the life-cycle impacts.
Is there any kind of risk for investors or energy companies associated with the data center sector, given its political challenges?
Well, utilities usually get the short end of the straw. They always get blamed for everything. I say that with a laugh because I used to work for a utility.
Some of these companies have an obligation to serve. If someone comes to them and says they need power, they are required to provide it. However, they can protect themselves and other ratepayers. If the utility builds a whole generation plant and all this transmission infrastructure to serve one data center, and then the data center gets canceled, yeah that’s a risk — not to the bottom line of the utility but to their reputation.
Plus more on this week’s biggest development fights.
1. Washtenaw County, Michigan — The Mitten State made itself the center of the data center backlash this week, as multiple AI skeptics won key Democratic congressional primaries. Yet the most significant election result wasn’t a primary vote, but rather a quiet referendum in a small town outside Ann Arbor.
2. Travis County, Texas — I’ve been getting a lot of texts from sources about Texas Governor Greg Abbott issuing a stop to data center permitting. Let’s get into what really is happening here.
3. Jefferson County, Missouri — Data center opposition can win a Republican political primary, too, as demonstrated this week in this rural pocket of the Show-Me State.
4. Santa Clara County, California — We conclude this week’s Hotspots with a warning about the dire political straits of battery storage technology.