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On modernizing permitting, IRA funds, and a revolt at BP

Current conditions: Central and northeast New Mexico will face “extremely critical fire conditions” over the next two days • Thousands of Iraqis are suffering from respiratory problems caused by a severe sandstorm • Temperatures could hit 120 degrees Fahrenheit in Balochistan, Pakistan, during a heat wave this week.
On Tuesday, President Trump signed a memorandum ordering the “maximum use of technology in environmental review and permitting process for infrastructure projects of all kinds.” The order also directed the Council on Environmental Quality, which oversees the implementation of the National Environmental Policy Act, to put together a process for modernizing technology in environmental reviews. Thomas Hochman, the director of infrastructure policy at the Foundation for American Innovation, a center-right think tank, celebrated the move by the Trump administration, writing on Twitter “it’s high time to eliminate paper-based reviews, modernize permitting technology (which is often as old as the laws themselves), and experiment with different permitting tools.”
In February, Trump also signed an executive order that gutted CEQ’s authority to oversee NEPA, a move Sierra Club’s senior attorney Nathaniel Shoaff called “rash, unlawful, and unwise.” As my colleague Katie Brigham has written, in theory that order would expedite “projects such as solar farms and clean energy manufacturing facilities; in reality, under the Trump administration, the benefits could redound to fossil fuel infrastructure first and foremost.”
A federal judge has ordered the Trump administration to immediately lift its freeze on billions of dollars tied to the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. In her ruling, Judge Mary McElroy of the U.S. District Court for the District of Rhode Island, a Trump appointee, called the pause “arbitrary and capricious,” and added that federal agencies such as the White House’s Office of Management and Budget “do not have unlimited authority to further a president’s agenda, nor do they have unfettered power to hamstring in perpetuity statutes passed by Congress during the previous administration.”
The lawsuit was brought by conservation and nonprofit groups that had received grants under the two laws, although McElroy’s order will apply to all frozen IRA and IIJA grants in the country. “Today’s ruling marks a crucial victory for the rule of law and ensures these vital resources will flow to the people and projects Congress intended to support,” Skye Perryman, the president and CEO of Democracy Forward, one of the plaintiffs, said in a statement.
A group of BP shareholders, including UK pension provider National Employment Savings Trust and the financial services company Legal & General, announced they will vote in opposition to the re-election of the company’s chairman, Helge Lund, later this week. The move follows BP’s retreat from its goal of dramatically cutting oil and gas production after the company recorded its highest profits ever.
“While it’s disappointing to see BP rowing back on their climate pledges, what’s particularly worrying is they haven’t gone back to shareholders and given us a chance to vote on such a significant decision,” Diandra Soobiah, NEST’s head of responsible investment, told The Guardian last year. L&G, a 1.8% stakeholder in BP, added that it is “deeply concerned” about the retreat toward oil and gas and away from renewables investment. The decision to oppose Lund is, however, “largely symbolic,” Net Zero Investor writes, noting that the chairman has already announced plans to step down next year. BP’s annual general meeting will be held on Thursday.
Environmental Protection Agency Administrator Lee Zeldin announced Tuesday that the EPA is launching a probe into the geoengineering startup Making Sunsets, citing alleged violations of the Clean Air Act. The small South Dakota-based company uses balloons to release sulfur dioxide into the atmosphere in order to reflect the sun and offset warming caused by carbon dioxide; it finances the operation by selling credits for each gram of released SO2. Geoengineering — and Making Sunsets more specifically — remain highly controversial, with many environmental experts calling it a “bad idea.” But Daniele Visioni, a climate scientist specializing in aerosols, wrote on Bluesky that while Making Sunsets’ “stunt was silly … I won’t enjoy seeing them attacked by a government that, at the same time, pretends ‘clean coal’ is a thing while pearl-clutching about ‘polluting our air’ with 10 grams of sulfate.”
The United States’ exports of petrochemical feedstocks to China are at risk due to the trade war touched off by President Trump — “yet another example of how Trump’s second term could prove ironically disastrous for the oil and gas industry,” my colleague Matthew Zeitlin wrote for Heatmap yesterday. The U.S. exported 83 million barrels of the natural gas product ethane to China in 2024, which the country processes into plastics that are often exported back to the United States. But “U.S. energy flows to China are done unless Beijing and D.C. come to an agreement,” Gregory Brew, an analyst at the Eurasia Group, told Zeitlin. “China is already looking to buy more crude from OPEC states to make up for losing U.S. [imports]” — and natural gas liquids, including ethane, “are sure to follow.”

Humans have observed a colossal squid in its natural habitat for the first time ever. Though science has known about Mesonychoteuthis hamiltoni’s existence since discovering arm fragments in the stomach of a sperm whale in 1925, researchers captured the first images of a foot-long juvenile in its home waters nearly 2,000 feet below the surface of the southern Atlantic Ocean.
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According to a new analysis shared exclusively with Heatmap, coal’s equipment-related outage rate is about twice as high as wind’s.
The Trump administration wants “beautiful clean coal” to return to its place of pride on the electric grid because, it says, wind and solar are just too unreliable. “If we want to keep the lights on and prevent blackouts from happening, then we need to keep our coal plants running. Affordable, reliable and secure energy sources are common sense,” Chris Wright said on X in July, in what has become a steady drumbeat from the administration that has sought to subsidize coal and put a regulatory straitjacket around solar and (especially) wind.
This has meant real money spent in support of existing coal plants. The administration’s emergency order to keep Michigan’s J.H. Campbell coal plant open (“to secure grid reliability”), for example, has cost ratepayers served by Michigan utility Consumers Energy some $80 million all on its own.
But … how reliable is coal, actually? According to an analysis by the Environmental Defense Fund of data from the North American Electric Reliability Corporation, a nonprofit that oversees reliability standards for the grid, coal has the highest “equipment-related outage rate” — essentially, the percentage of time a generator isn’t working because of some kind of mechanical or other issue related to its physical structure — among coal, hydropower, natural gas, nuclear, and wind. Coal’s outage rate was over 12%. Wind’s was about 6.6%.
“When EDF’s team isolated just equipment-related outages, wind energy proved far more reliable than coal, which had the highest outage rate of any source NERC tracks,” EDF told me in an emailed statement.
Coal’s reliability has, in fact, been decreasing, Oliver Chapman, a research analyst at EDF, told me.
NERC has attributed this falling reliability to the changing role of coal in the energy system. Reliability “negatively correlates most strongly to capacity factor,” or how often the plant is running compared to its peak capacity. The data also “aligns with industry statements indicating that reduced investment in maintenance and abnormal cycling that are being adopted primarily in response to rapid changes in the resource mix are negatively impacting baseload coal unit performance.” In other words, coal is struggling to keep up with its changing role in the energy system. That’s due not just to the growth of solar and wind energy, which are inherently (but predictably) variable, but also to natural gas’s increasing prominence on the grid.
“When coal plants are having to be a bit more varied in their generation, we're seeing that wear and tear of those plants is increasing,” Chapman said. “The assumption is that that's only going to go up in future years.”
The issue for any plan to revitalize the coal industry, Chapman told me, is that the forces driving coal into this secondary role — namely the economics of running aging plants compared to natural gas and renewables — do not seem likely to reverse themselves any time soon.
Coal has been “sort of continuously pushed a bit more to the sidelines by renewables and natural gas being cheaper sources for utilities to generate their power. This increased marginalization is going to continue to lead to greater wear and tear on these plants,” Chapman said.
But with electricity demand increasing across the country, coal is being forced into a role that it might not be able to easily — or affordably — play, all while leading to more emissions of sulfur dioxide, nitrogen oxide, particulate matter, mercury, and, of course, carbon dioxide.
The coal system has been beset by a number of high-profile outages recently, including at the largest new coal plant in the country, Sandy Creek in Texas, which could be offline until early 2027, according to the Texas energy market ERCOT and the Institute for Energy Economics and Financial Analysis.
In at least one case, coal’s reliability issues were cited as a reason to keep another coal generating unit open past its planned retirement date.
Last month, Colorado Representative Will Hurd wrote a letter to the Department of Energy asking for emergency action to keep Unit 2 of the Comanche coal plant in Pueblo, Colorado open past its scheduled retirement at the end of his year. Hurd cited “mechanical and regulatory constraints” for the larger Unit 3 as a justification for keeping Unit 2 open, to fill in the generation gap left by the larger unit. In a filing by Xcel and several Colorado state energy officials also requesting delaying the retirement of Unit 2, they disclosed that the larger Unit 3 “experienced an unplanned outage and is offline through at least June 2026.”
Reliability issues aside, high electricity demand may turn into short-term profits at all levels of the coal industry, from the miners to the power plants.
At the same time the Trump administration is pushing coal plants to stay open past their scheduled retirement, the Energy Information Administration is forecasting that natural gas prices will continue to rise, which could lead to increased use of coal for electricity generation. The EIA forecasts that the 2025 average price of natural gas for power plants will rise 37% from 2024 levels.
Analysts at S&P Global Commodity Insights project “a continued rebound in thermal coal consumption throughout 2026 as thermal coal prices remain competitive with short-term natural gas prices encouraging gas-to-coal switching,” S&P coal analyst Wendy Schallom told me in an email.
“Stronger power demand, rising natural gas prices, delayed coal retirements, stockpiles trending lower, and strong thermal coal exports are vital to U.S. coal revival in 2025 and 2026.”
And we’re all going to be paying the price.
Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.
A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.
The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.
As we chronicle time and time again in The Fight, residents in farming communities are fighting back aggressively – protesting, petitioning, suing and yelling loudly. Things have gotten so tense that some are refusing to let representatives for Piedmont’s developer, PSEG, onto their properties, and a court battle is currently underway over giving the company federal marshal protection amid threats from landowners.
Exacerbating the situation is a quirk we don’t often deal with in The Fight. Unlike energy generation projects, which are usually subject to local review, transmission sits entirely under the purview of Maryland’s Public Service Commission, a five-member board consisting entirely of Democrats appointed by current Governor Wes Moore – a rumored candidate for the 2028 Democratic presidential nomination. It’s going to be months before the PSC formally considers the Piedmont project, and it likely won’t issue a decision until 2027 – a date convenient for Moore, as it’s right after he’s up for re-election. Moore last month expressed “concerns” about the project’s development process, but has brushed aside calls to take a personal position on whether it should ultimately be built.
Enter a potential Trump card that could force Moore’s hand. In early October, commissioners and state legislators representing Carroll County – one of the farm-heavy counties in Piedmont’s path – sent Trump a letter requesting that he intervene in the case before the commission. The letter followed previous examples of Trump coming in to kill planned projects, including the Grain Belt Express transmission line and a Tennessee Valley Authority gas plant in Tennessee that was relocated after lobbying from a country rock musician.
One of the letter’s lead signatories was Kenneth Kiler, president of the Carroll County Board of Commissioners, who told me this lobbying effort will soon expand beyond Trump to the Agriculture and Energy Departments. He’s hoping regulators weigh in before PJM, the regional grid operator overseeing Mid-Atlantic states. “We’re hoping they go to PJM and say, ‘You’re supposed to be managing the grid, and if you were properly managing the grid you wouldn’t need to build a transmission line through a state you’re not giving power to.’”
Part of the reason why these efforts are expanding, though, is that it’s been more than a month since they sent their letter, and they’ve heard nothing but radio silence from the White House.
“My worry is that I think President Trump likes and sees the need for data centers. They take a lot of water and a lot of electric [power],” Kiler, a Republican, told me in an interview. “He’s conservative, he values property rights, but I’m not sure that he’s not wanting data centers so badly that he feels this request is justified.”
Kiler told me the plan to kill the transmission line centers hinges on delaying development long enough that interest rates, inflation and rising demand for electricity make it too painful and inconvenient to build it through his resentful community. It’s easy to believe the federal government flexing its muscle here would help with that, either by drawing out the decision-making or employing some other as yet unforeseen stall tactic. “That’s why we’re doing this second letter to the Secretary of Agriculture and Secretary of Energy asking them for help. I think they may be more sympathetic than the president,” Kiler said.
At the moment, Kiler thinks the odds of Piedmont’s construction come down to a coin flip – 50-50. “They’re running straight through us for data centers. We want this project stopped, and we’ll fight as well as we can, but it just seems like ultimately they’re going to do it,” he confessed to me.
Thus is the predicament of the rural Marylander. On the one hand, Kiler’s situation represents a great opportunity for a GOP president to come in and stand with his base against a would-be presidential candidate. On the other, data center development and artificial intelligence represent one of the president’s few economic bright spots, and he has dedicated copious policy attention to expanding growth in this precise avenue of the tech sector. It’s hard to imagine something less “energy dominance” than killing a transmission line.
The White House did not respond to a request for comment.
Plus more of the week’s most important fights around renewable energy.
1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.
2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.
3. Dane County, Wisconsin – The fight over a ginormous data center development out here is turning into perhaps one of the nation’s most important local conflicts over AI and land use.
4. Hardeman County, Texas – It’s not all bad news today for renewable energy – because it never really is.