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The Federal Highway Administration believes it has found a workaround to a court-ordered stay of execution.
The Federal Highway Administration issued a letter to state Departments of Transportation on Thursday declaring that states were no longer authorized to spend billions of dollars previously approved for electric vehicle charging networks. The decree pertains to the National Electric Vehicle Infrastructure Program, or NEVI, a program created in 2021 under the Bipartisan Infrastructure Law, which allocated $5 billion to states to strategically build electric vehicle charging networks along major roads.
The program has been under threat since the day Donald Trump stepped into the White House. His executive order “Unleashing American Energy,” which ordered agencies to pause the disbursement of funds from the Bipartisan Infrastructure Law and the Inflation Reduction Act, specifically called out NEVI as a program to freeze. Twenty-two Democrat-controlled states quickly took legal action, and a U.S. District court issued a temporary restraining order requiring the Trump administration to keep congressionally-approved funds flowing, at least to those states.
In general, advocates believed the NEVI program was untouchable. The program’s “safeguards make it nearly impossible to claw back money already allocated, except in cases of misuse or noncompliance.” Beth Hammon, a senior advocate for EV infrastructure at the Natural Resources Defense Counsel wrote in a recent blog post.
But the Federal Highway Administration apparently thinks it has found a workaround.
Under NEVI, states are each allocated a certain amount of money every year for five years, and they have to submit an annual plan for how they intend to use the funds. Those plans must align with overall program guidance published by the secretary of transportation.
Now, the new leadership at the Department of Transportation has decided to rescind the previously issued guidance. That means the state plans that were previously approved are no longer valid, the letter says: “Therefore, effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved.”
Advocates for NEVI don’t believe this strategy will hold up in court. “This should be carefully scrutinized by states and the legal community,” Justin Balik, the senior state program director for Evergreen Action told me, “as it looks like an attempt to sabotage the program based on ideology that’s dressed up in bureaucratic language about plan and guidance revisions.” Balik said NEVI was “one of the most important resources states have been given by the feds to fight climate change.”
Several Democratic governors put out infuriated statements about the DOT’s decision. “Fresh off their ludicrous attempt to tie highway funding to birthrates, the Trump administration is attacking the freedom to move, including the freedom to drive, and putting their own agendas above what Americans and the market are demanding,” Jared Polis, the governor of Colorado, said.
Wisconsin Governor Tony Evers had more strong words. “Just a week after I joined Kwik Trip to launch Wisconsin’s first federally funded EV charging stations, Sean Duffy and the Trump Administration want to yank tens of millions of investments to help build infrastructure for the 21st Century across Wisconsin,” he said.
An important thing to understand about NEVI is that after a state has its annual plan approved, it is legally entitled to that year’s allocation of funding. That doesn’t mean said funding immediately gets transferred into the state’s coffers, however. States have to continually request reimbursement from the federal DOT as they implement their programs. So, for example, if a state puts out a request for proposals for NEVI projects, it can then invoice the federal government for the related administrative costs. Once the state awards grants to specific projects, those projects have to reach certain benchmarks before they get any money. If the first benchmark is getting permits, for example, then once a project is permitted, its developer can invoice the state government for the associated costs, and then the state government can file with the federal government for reimbursement.
According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects — with 10% of those projects being led by Tesla.
The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, “in order to not disrupt current financial commitments.” But the more than $2.6 billion that has not been awarded will be frozen.
“This has been a learning curve for state DOTs and we’re just beginning to hit our stride in a lot of ways,” said Balik. “Exactly the worst time to cut this off at its knees.”
Prior to the memo issued Thursday, states had been divided over how to respond to the chaos of executive orders and court orders. At least six states — Alabama, Ohio, Nebraska, Rhode Island, Missouri, and Oklahoma — had already suspended their programs indefinitely.
“We are still working with FHWA to understand specific impacts to NEVI funding,” a spokesperson for the Ohio DOT told me on Thursday prior to the federal letter being released. Ohio had been an unexpected early leader for the NEVI program. It was the first state in the country to bring a NEVI-funded charging station online, in October 2023. It has since opened 18 additional stations, more than any other state, and has selected awardees to build 24 more. Missouri, by contrast, had been lagging behind. The state had not yet issued a single request for proposals.
But at least until Thursday evening, other states, such as Oregon and California, were advancing their programs. The Oregon DOT posted an informational notice about federal grants on its website earlier this week saying that NEVI funding was not frozen. A spokesperson for the California DOT told me on Thursday afternoon that, “For now, federal courts have prohibited federal agencies from pausing or terminating payment of federal financial assistance funds,” and that “Caltrans’ services remain fully operational.” When I followed up asking if these comments took into account the new letter issued Thursday, the agency said it would need to get back to me on Friday.
The decision to rescind the guidance and invalidate state plans is sure to face court challenges. The Federal Highway Administration, for its part, said it plans to issue new draft guidance for NEVI in the spring, which will then be subject to public comment before being finalized — so the agency doesn’t seem to be trying to throw the program out altogether.
Editor’s note: This story has been updated to include statements from the governors of Wisconsin and Colorado.
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All of the administration’s anti-wind actions in one place.
The Trump administration’s war on the nascent U.S. offshore wind industry has kicked into high gear over the past week, with a stop work order issued on a nearly fully-built project, grant terminations, and court filings indicating that permits for several additional projects will soon be revoked.
These actions are just the latest moves in what has been a steady stream of attacks beginning on the first day Trump stepped into the White House. He appears to be following a policy wishlist that anti-offshore wind activists submitted to his transition team almost to a T. As my colleague Jael Holzman reported back in January, those recommendations included stop work orders, reviews related to national security, tax credit changes, and a series of agency studies, such as asking the Health and Human Services to review wind turbines’ effects on electromagnetic fields — all of which we’ve seen done.
It’s still somewhat baffling as to why Trump would go so far as to try and shut down a nearly complete, 704-megawatt energy project, especially when his administration claims to be advancing “energy addition, NOT subtraction.” But it’s helpful to see the trajectory all in one place to understand what the administration has accomplished — and how much is still up in the air.
January 20: Trump issues a presidential memorandum temporarily halting all new onshore and offshore wind permitting and leasing activities “in light of various alleged legal deficiencies underlying the Federal Government’s leasing and permitting of onshore and offshore wind projects,” while his administration conducts an assessment of federal review practices. The memo also temporarily withdraws all areas on the U.S. Outer Continental Shelf from offshore wind leasing.
March 14: The Environmental Protection Agency pulls a Clean Air Act permit for Atlantic Shores, which was set to deliver power into New Jersey.
April 16: The Department of the Interior issues a stop work order to Empire Wind, a New York offshore wind farm that began construction in 2024. Interior Secretary Doug Burgum accuses the Biden administration of giving the project a “rushed approval” that was “built on bad and flawed science,” citing feedback from the National Oceanic and Atmospheric Administration.
May 1: The Interior Department withdraws a Biden-era legal opinion for how to conduct permitting in line with the Outer Continental Shelf Lands Act that advised the Secretary to “strike a rational balance” between wind energy and fishing. The Department reinstated the opinion issued under Trump’s first term, which was more favorable to the fishing industry.
May 2: Anti-offshore wind group Green Oceans sends a 68-page report titled “Cancelling Offshore Wind Leases” to Secretary Burgum and acting Assistant Secretary for Lands and Minerals Management Adam Suess, according to emails uncovered by E&E News. The report “evaluates potential violations of Outer Continental Shelf Lands Act (OCSLA) and related Federal laws in addition to those generally associated with environmental protection.”
May 5: Seventeen states plus the District of Columbia file a lawsuit challenging Trump’s January 20 memo halting federal approvals of wind projects.
May 19: The Interior Department lifts the stop work order on Empire Wind after closed-door meetings between New York governor Kathy Hochul and President Trump, during which the White House later says that Hochul “caved” to allowing “two natural gas pipelines to advance” through New York. Hochul denies reaching any deal on pipelines during the meetings.
June 4: Atlantic Shores files a request with New Jersey regulators to cancel its contract to sell energy into the state.
July 4: Trump signs the One Big Beautiful Bill Act, which imposes new expiration dates on tax credits for wind and solar projects, including offshore wind, as well as on the manufacture of wind turbine components.
July 7: The Environmental Protection Agency notifies the Maryland Department of the Environment that the state office erred when issuing an air permit to the Maryland Offshore Wind Project, also known as MarWin, because the state specified that petitions to review the permit would go to state court rather than the federal agency. The state later disagrees.
July 17: New York regulators cancel plans to develop additional transmission capacity for future offshore wind development, citing “significant federal uncertainty.”
July 29: The Interior Department issues an order requesting reports that describe and provide recommendations for “trends in environmental impacts from onshore and offshore wind projects on wildlife” and the impacts that approved offshore wind projects might have on “military readiness.” The order also asserts that the Biden administration misapplied federal law when it approved the construction and operation plans of offshore wind projects.
July 30: The Interior Department rescinds all designated “wind energy areas” on the U.S. Outer Continental Shelf, which had been deemed suitable for offshore wind development.
August 5: The Interior Department eliminates a requirement to publish a five-year schedule of offshore wind energy lease sales and to update the lease sale schedule every two years.
August 7: The Interior Department initiates a review of offshore wind energy regulations “to ensure alignment with the Outer Continental Shelf Lands Act and America’s energy priorities under President Donald J. Trump.”
August 13: The Department of Commerce initiates an investigation into whether imports of onshore and offshore wind turbine components threaten national security, a precursor to imposing tariffs.
New Jersey regulators also decide to delay offshore wind transmission upgrades by two years. They officially cancel their contract with Atlantic Shores.
August 22: The Interior Department issues a stop work order on Revolution Wind, an offshore wind project set to deliver power to Rhode Island and Connecticut, citing national security concerns. The 65-turbine project is already 80% complete.
Interior also says in a court filing that it intends to “vacate its approval” of the Construction and Operations Plan for the Maryland Offshore Wind Project.
August 29: The Interior Department says in a court filing that it “intends to reconsider” its approval of the construction and operations plan for the SouthCoast wind project, which was set to deliver power to Massachusetts.
The Department of Transportation also withdraws or terminates $679 million for 12 offshore wind port infrastructure projects to “ensure federal dollars are prioritized towards restoring America’s maritime dominance” by “rebuilding America’s shipbuilding capacity, unleashing more reliable, traditional forms of energy, and utilizing the nation’s bountiful natural resources to unleash American energy.” The grants include:
September 3: The Interior Department says in a court filing that it intends to vacate its approval of the construction and operations plan for Avangrid’s New England Wind 1 and 2, which were set to deliver power to Massachusetts.
The New York Times also reports that the White House has instructed “a half-dozen agencies to draft plans to thwart the country’s offshore wind industry,” including asking the Department of Health and Human Services to study “whether wind turbines are emitting electromagnetic fields that could harm human health,” and asking the Defense Department to probe “whether the projects could pose risks to national security.”
September 4: The states of Rhode Island and Connecticut, as well as Orsted, file lawsuits challenging the stop work order on Revolution Wind.
At the start of all this, the U.S. had three offshore wind projects that were fully operational and five that were under construction. As of today, the Trump administration has halted just one of those five, but it has threatened to rescind approvals for each and every remaining fully permitted project that hasn’t yet broken ground.
The tumult has rippled out into the states, where regulators in Massachusetts and Rhode Island are delaying plans to sign contracts to procure additional energy from offshore wind projects.
Looking ahead, we can expect a few things to happen over the next few weeks. We’ll see the Interior Department formally begin to rescind permits, as it indicated it would do in numerous court filings. We’ll also likely get an opinion from a federal court in Massachusetts in the case that states filed fighting Trump’s Day One memo. Orsted also said it intends to ask for a temporary injunction, so it’s possible that Revolution Wind could resume construction soon.
It’s been barely a month since Jael dubbed the Trump administration’s tactics a “total war on wind.” While the result hasn’t been a complete shutdown of the industry, it seems he might still be in the early stages of his plan.
The Nimbus wind project in the Ozark Mountains is moving forward even without species permits, while locals pray Trump will shut it down.
The state of Arkansas is quickly becoming an important bellwether for the future of renewable energy deployment in the U.S., and a single project in the state’s famed Ozark Mountains might be the big fight that decides which way the state’s winds blow.
Arkansas has not historically been a renewables-heavy state, and very little power there is generated from solar or wind today. But after passage of the Inflation Reduction Act, the state saw a surge in project development, with more than 1.5 gigawatts of mostly utility-scale solar proposed in 2024, according to industry data. The state also welcomed its first large wind farm that year.
As in other states – Oklahoma and Arizona, for example – this spike in development led to a fresh wave of opposition and grassroots organizing against development. At least six Arkansas counties currently have active moratoria on solar or wind development, according to Heatmap Pro data. Unlike other states, Arkansas has actually gone there this year by passing a law restricting wind development and requiring all projects to have minimum setbacks on wind turbines from neighboring property owners of at least 3.5-times the height of the wind turbine itself, which can be as far as a quarter of a mile.
But activists on the ground still want more. Specifically, they want to stop Scout Clean Energy’s Nimbus wind project, which appears to have evaded significant barriers from either the new state law or a local ordinance blocking future wind development in Carroll County, the project’s future home. This facility is genuinely disliked by many on the ground in Carroll County; for weeks now, I have been monitoring residents posting to Facebook with updates on the movements of wind turbine components and their impacts to traffic. I’ve also seen the grumbling about it travel from the mouths of residents living near the project site to conservative social media influencers and influential figures in conservative energy policy circles.
The Nimbus project is also at considerable risk of federal intervention in some fashion. As I wrote about a few weeks ago, Nimbus applied to the Fish and Wildlife Service for incidental take approval covering golden eagles and endangered bats throughout the course of its operation. This turned into a multi-year effort to craft a conservation plan in tandem with permitting applications that are all pending approval from federal officials.
Scout Clean Energy still had not received permission by the time FWS changed hands to Trump 2.0, though – putting not only its permit but the project itself in potential legal risk. In addition, activists have recently seized upon risks floated by the Defense Department during development around the potential for the turbines to negatively impact radar capabilities, which previously resulted in the developer planning towers of varying heights for the blades.
These risks aren’t unique to Nimbus. Some of this is a reflection of how wind projects are generally so large and impactful that they wind up eventually landing in a federal nexus. But in this particular case, the fact that it seemed nothing could halt this project made me wonder if Trump was on the minds of people in Carroll County, too.
That’s how I wound up on the phone with Caroline Rogers, a woman living on Bradshaw Mountain near the Nimbus project site, who told me she has been fighting it since she first learned about it in 2023. Rogers and I chatted for almost an hour and, candidly, I found her to be an incredibly nice individual. When I asked her why she’s against the wind farm, she brought up a bunch of reasons I couldn’t necessarily fault her for, like concerns about property values and a lack of local civil services to support the community if there were a turbine failure or fire at the site.
“I still pray every day,” she told me when I asked her about whether she wants an outside force – à la Trump – to come in and do something to stop the facility. “There have been projects that have been stopped for various reasons, and there have been turbines that have been taken down.”
One of the things Rogers hopes happens is that the Fish and Wildlife Service’s bird crackdown comes for the Nimbus project, which is under construction even as it’s unclear whether it’ll ever get the take permits under the Trump administration. “Maybe it can be more of an enforcement [action],” she told me. “I hope it happens.”
This is where Trump’s unprecedented approach to energy development – and the curtailment of it – would have to cross a new rubicon. The Fish and Wildlife Service has rarely exercised its bird protection enforcement abilities against wind projects because of a significant and recent backlog in the permitting process related to applications from the sector. Bill Eubanks, an environmental attorney who works on renewables conflicts, told me earlier this week that if a developer is told by the agency it needs a permit, then “they’re on notice if they kill an eagle.” But while enforcement powers have been used before, it is “not that common.”
Even Rogers knows intervention from federal species regulators would be a potentially unprecedented step. “It can never stop a project that I’ve seen,” she told me.
Yet if Trump were to empower FWS to go after wind projects for violating species statutes, it is precisely this backlog that would make projects like Nimbus a potential target.
“They got so many applications from developers, and each one takes so much staff time to finalize,” Eubanks told me. “Even before January 20, there was already a significant backlog.”
Scout Clean Energy did not respond to requests for comment. If I hear from them or the Fish and Wildlife Service, I will let you know.
And more on the week’s most important conflicts around renewable energy projects.
1. Newport County, Rhode Island – The Trump administration escalated its onslaught against the offshore wind sector in the past week … coincidentally (or not) right after a New England-based anti-wind organization requested that it do so.
2. Madison County, New York – Officials in this county are using a novel method to target a wind project: They’re claiming it’ll disrupt 911 calls.
3. Wells County, Indiana – A pro-solar organization is apparently sending mass texts to people in this county asking them to sign a petition opposing a county-wide moratorium on new projects.
4. Henderson County, Kentucky – Planning officials in this county have recommended a two-year moratorium on wind power, sending the matter to a final vote before the county fiscal court.
5. Monterey County, California – Uh oh, another battery fire in central California.