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They haven’t even been announced yet, but the idea that they will has sent prices soaring.

China, Canada, Mexico, steel, aluminum, cars, and soon, copper. That’s what the market has concluded following a Bloomberg News report last week that copper tariffs would arrive far sooner than the 270 days President Trump gave the Department of Commerce to conduct its investigation into “dumping” of the metal.
Copper has been dubbed the “metal of electrification,” and demand for it is expected to skyrocket under any reasonable scenario to contain global temperature rise. Even according to a U.S. administration that, at best, neglects climate change considerations, copper is an “essential material for national security, economic strength, and industrial resilience,” as the Trump White House said while announcing its investigation into copper imports.
The effort to boost domestic production of copper did not start with this White House, but it has historically run into the same problems that beset the mining industry: New production can take decades to begin, even after you find the minerals you’re looking for underground. And if demand is not assured — if, for instance, subsidies for electric vehicles filled with copper disappear — then investing in new production could lead to bankruptcy, whereas holding back on new capacity would, at worst, mean forgoing some profits.
The Trump administration and the broader energy and foreign policy community have been, in general, obsessed with rocks — critical minerals, rare earths, and other minerals that are indeed “critical” to much of the economy but are not listed as such. Copper sits somewhere between these categories — while it does not appear on the United States Geological Survey list of critical minerals, which ranges from aluminum and antimony to zinc and zirconium, it does appear on the Department of Energy’s list of “critical materials.”
These lists guide federal data collection efforts, and that data can then get used to guide policymaking. Being on these lists doesn’t guarantee that a related program will get funding, but it does mean that the data is there to draw from should someone need to make a case for why their program should get funding.
This gap between the lists has been a target for Congress, especially for legislators in the Southwest, where much of America’s copper is mined. The discrepancies in the list is essentially a matter of focus for the Energy and Interior Departments — with Energy naturally focused on what’s especially important for energy infrastructure. Getting consistency between the lists, which are only a few years old, will “increase transparency within our federal agencies, ensuring all of our nation’s critical resources are developed, traded, and produced equally, and strengthen our supply chains,” Mike Lee (R-Ut), a sponsor of the Senate version of the legislation, said in a statement.
Trump’s executive order asking for the investigation sought to speed up permitting for new mines — and they’ll need all the help they can get. S&P calculates that the average copper mine takes over 30 years to develop. Rio Tinto and BHP’s Resolution Copper project in Superior, Arizona — which the companies hope will produce 20 million tons of copper — has already sucked up some $2 billion of capital while producing zero copper after about 20 years of legal and political opposition. A proposed copper-nickel mine in Minnesota has already absorbed around $1 billion worth of investment and is still wrangling over the more than 20 permits it needs.
But for the Trump administration’s strategy of tariffs and expedited permitting to actually work for American copper end users, it will have to lead to an expansion of smelting and recycling, in addition to mining.
Reuters reported last year that the Mexican conglomerate Grupo Mexico would re-open an Arizona smelter, but that has yet to happen (it’s currently a Superfund site). A copper mine in Milford, Utah said last week that it was expanding to meet rising copper demand.
The smelting sector is dominated by China. “The United States has ample copper reserves, yet our smelting and refining capacity lags significantly behind global competitors,” the White House said in its copper executive order in February. China’s dominance, “coupled with global overcapacity and a single producer’s control of world supply chains, poses a direct threat to United States national security and economic stability.”
The United States produces around 1.2 million tons of copper annually from its mines and imports around 900,000 tons, according to the United States Geological Survey. Some of that domestically mined copper — around 375,000 tons worth — ends up being exported for smelting, according to the Copper Development Association.
While the United States is near the top of national copper production (well behind the world leader, Chile, but comparable to other large-scale copper producers such as Indonesia and Australia), it has a meager copper refining industry, with only two active smelters producing around 400,000 tons of copper a year — a fraction of China’s refining capacity — leaving American industry reliant on imports.
The energy industry has been dealing with the copper issue for years. More specifically, it’s worrying about how domestic and global production will be able to keep up with what forecasters anticipate could be massive demand.
That goes not just for copper — it also includes the metals that are mined alongside it. First Solar, the U.S.-based solar manufacturing company, has benefited from tariffs on solar panels put in place during the Biden administration. But while First Solar has been a winner in the renewable energy trade conflict, it is still sensitive to the global trade in commodities. That’s in part because it is also a major consumer of tellurium, a mineral that’s a byproduct of copper mining, and which was the subject of expanded export Chinese export controls announced early last month.
“We have, over the past decade employed a strategic sourcing strategy to diversify our tellurium supply chain to mitigate a sole sourcing position in China and are undertaking additional measures to mitigate dependencies on China for certain products containing to tellurium,” Alexander Bradley, First Solar’s chief financial officer, said in the company’s February earnings call. “While we continue to evaluate [whether] there will be any operational impact from China's decision, this latest development emphasizes the urgent need for the United States to accelerate the strategic development of copper mining and processing of its byproduct materials, including tellurium.”
Electric vehicles are another major user of copper among climate technologies, with EVs having on average around 180 pounds of copper in them, according to the Copper Development Association. Tesla — which will soon be hit by auto tariffs — has been actively trying to reduce its copper consumption. Meanwhile Rivian, one of Tesla’s primary domestic competitors, announced last year that it would cut its production targets dramatically due to what turned out to be a supplier communication snafu for a copper component of its motors.
“We’re very bullish on copper prices,” Kathleen Quirk, chief executive officer of Freeport-McMoRan, which runs a number of U.S. copper mines (and a smelter, to boot), said at a financial conference in February. With boosts in demand coming from “power generation, new power generation investments, multibillion-dollar investments in infrastructure and energy infrastructure, it's going to be very positive for copper.”
Copper prices paid by American manufacturers have been rising for the past five months, according to the monthly PMI survey. Prices in New York reached record highs last week, hitting almost $12,000 per ton as the industry tried to beat the almost-certainly-inevitable tariffs, according to an ING analyst report released last week.
The actual imposition of the tariffs would constitute a “further upside risk to copper prices” — in other words, prices will continue to climb, according to the ING analysts. “The U.S. copper rush could leave the rest of the world tight on copper if demand picks up more quickly than expected,” the ING analysts wrote.
Copper futures have shot up this year by around 25%, leading to profits for those who mine it — especially in the United States.
From the perspective of Freeport-McMoRan, the market gyrations so far have generally been to the upside, with the premium on copper in the U.S. “helping us from that perspective of generating higher revenues for our U.S. price copper,” Quirk said at the conference. But the domestic copper industry as a whole does not see tariffs as the sole way to increase copper production.
“The U.S. will need an all-of-the-above sourcing strategy to secure a stable supply for domestic use. This must include increased mining in the U.S., increased smelting and refining in the U.S., enhanced recycling, keeping more copper scrap within U.S. borders, and continued trade with reliable partners to maintain the flow of critical raw material feedstocks for domestic use,” Copper Development Association chief executive Adam Estelle told me in an emailed statement.
And tariffs can come in faster than new mines and smelters can be built or their capacity expanded. American mining projects have been mired in decades of permitting delays and negotiations with local communities not because there isn’t a market opportunity for new copper, but because it just takes a very long time to open a mine.
Even as she was celebrating Freeport-McMoRan’s robust outlook, CEO Kathleen Quirk noted that “at the same time, it's become more and more difficult to develop new supplies of copper.”
That goes especially for industries related to renewable energy, where copper finds itself into grid equipment, solar panels, and wind turbines. Even so, they’ve been wary of talking about an impending tariff directly.
A number of trade groups, including the Zero Emission Transportation Association, the National Electrical Manufacturers Association, and the Solar Energy Industries Association, hailed an executive order aiming to accelerate critical minerals production released March 20. When I asked about copper tariffs, however, a ZETA spokesperson referred me to an earlier statement decrying trade conflict with Canada and Mexico, saying that “imposing tariffs on allies and trading partners like Canada and Mexico — both of which play a significant role in the North American automotive supply chain — will increase costs to consumers and make it more difficult to attract investment into our communities.”
Meanwhile, NEMA’s vice president of public affairs, Spencer Pederson, told me in an emailed statement that “any new trade policies must provide predictability and certainty for future domestic investments and businesses.”
Other manufacturing-centric industries that use copper aren’t thrilled about the prospect of tariffs, either. A spokesperson for the National Association of Manufacturers referred me to its recent survey showing that the top two concerns among its members were “trade uncertainties,” feared by more than three quarters of respondents, and “increased raw material costs,” which worried 60% of respondents. While NAM is broadly supportive of many Trump administration goals, especially around extending the 2017 tax cuts, it has called for a “commonsense manufacturing strategy” which includes “making way for exemptions for critical inputs.” That runs against the Trump administration’s preference for big, obvious tariffs.
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An exclusive interview with Senator Martin Heinrich on SunZia, the largest renewables project in U.S. history, which is now — finally — fully operational.
The largest renewable electricity project in American history is open for business.
After almost exactly 20 years of development, permitting, and construction, the SunZia Wind and Transmission Project became officially operational on Thursday afternoon, according to its developer, Pattern Energy.
The project, which built an enormous 3.6-gigawatt wind farm in New Mexico and a 550-mile high-voltage power line that crosses into Arizona, is capable of generating and delivering more electricity than the Hoover Dam. Its lengthy development and approval process made it an emblem of the country’s struggle to build new, large-scale power lines and virtually every other type of zero-carbon energy infrastructure.
“We proved that America can still build big things, and I think that’s really important,” Senator Martin Heinrich, a Democrat from New Mexico, told me on Thursday.
SunZia is now the seventh largest power plant in the United States. At peak capacity, it will power more than a million homes, according to Pattern’s estimates. The facility will fund more than $1.3 billion in direct payments to local governments, schools, and landowners over the next few decades, the developer said in a statement. More than half of the project’s electricity will be delivered to and used by southern California. (Analysts realized SunZia was nearing completion when gigawatts of wind power started appearing in the state’s energy data in May.)
So what took so long to get it done? The closer you look at SunZia, the more it seems to tell you about the promise — and pitfalls — of building more clean energy in America. The project began in 2006, when a group of utilities, developers, and governments across the Southwest realized that Arizona’s booming cities could draw cheap renewable power from New Mexico’s arid plains. The project applied for federal permits in 2008, and planned to start construction in 2013.

Yet due to a lengthy permitting and siting battle, construction did not begin until 2023. Two years ago, I detailed that saga in a feature for Heatmap, where I drove out to the remote Arizona valley where the line proved most contentious. That reporting also revealed how important Heinrich, the Democratic senator, had been to getting the power line built. When local environmentalists feared the transmission line’s towers would hurt sandhill cranes in a rare high-desert habitat in New Mexico, Heinrich intervened and brokered a new route. He also helped negotiate new technological improvements to the line to avoid the birds.
I later wrote up my three takeaways from the SunZia investigation. Among them: A better relationship between conservationists and clean energy developers is possible — but someone has to facilitate it. SunZia only ran through the tape because Heinrich had credibility with environmentalists and clean energy developers.
Heinrich is now important to an even bigger energy endeavor. As the Democratic ranking member on the Senate Energy and Natural Resources Committee, he is conducting negotiations with Republicans over a permitting reform package that could change how the federal government studies and approves new large-scale infrastructure. To commemorate the official opening of SunZia, I caught up with the senator by phone on Thursday to discuss the project’s long history, what he learned, and what it all means for permitting reform.
Our interview has been edited for length and clarity.
SunZia opens today. It’s very exciting. It’s been in the works for a long time. What are you reflecting on at this moment, and what did you feel like you learned from the process?
I think we proved America can still build big things, and I think that’s really important. But we also learned a lot of lessons along the way for how to do that. Those are going to be really important to bake into permitting reform, and they’re going to be important as best practices for other developers who want to take on these big infrastructure projects.
What are some of those lessons?
Well, for one, start by listening and engaging with the community very early in the process. Don’t come with some completely baked idea and expect people to, you know, welcome you with open arms. Go out into the community and listen — there’s just no substitute for it. And if you can do it, the earlier you can do that in the process, the better your prospects for getting to a good outcome.
I do think you need political leadership that’s willing to make hard decisions. You can’t build things without with zero level of conflict, but you can — with leadership — build big things and put them in the right places. There was an unwillingness, when I first started working on this project, for people to expend any amount of political capital to get it done, and I didn’t feel that was acceptable. There was just too much upside to having 3.5 gigawatts of clean generation, and all of the jobs and investment, $20 billion worth, that come with that.
One interesting aspect of this case is what happened with Audubon Southwest and the Pentagon with the river crossing, where the initial plan that [SunZia’s developer] put forward wasn’t acceptable. And ultimately you helped broker a deal. One lesson I took away from that was that, boy, it’s helpful to have someone with credibility in the local community or politics to help put a deal together, but that’s obviously not the case everywhere. There’s not a Martin Heinrich to negotiate every power line. What do you think are the lessons from this experience that scale — because while community leadership is very important, you’re not always going to be able to find a political leader who can broker an agreement everyone will find acceptable?
No, and I take your point very well, but I do think there ought to be a leader in the White House who has a dashboard of big, nationally important infrastructure projects, who understands the issues in those projects, and can make sure that the federal family of agencies are working constructively to get to the right outcome. You can have these situations where literally one staff person in one agency can bring down an entire project. And so to the extent that you can institutionalize clear federal agency leadership, with support from the administration — I mean, I worked this thing through multiple administrations, but towards the end, with folks like [Biden-era national climate adviser] Ali Zaidi in the White House, to just make sure that the federal agencies were not lowering the bar for their standards, but that they were also working constructively.
You’re now negotiating permitting reform on the Energy and Natural Resources committee. Transmission is obviously a huge part of what an ideal package would look like. What do you think SunZia’s lessons are for a broader permitting reform effort?
To the extent that you can make sure that there are benefits across the entirety of linear infrastructure and transmission lines — that those benefits are not relegated to just where the generation is and and where the consumption is — that’s an important lesson. There are a lot of counties along the way, and there are a lot of private landowners who, if it’s in their interest, actually become cheerleaders for the project. Also, going back to early engagement, you don’t want to learn that there’s some fatal flaw in your route five years into a project. You want to figure out where the trip wires are early, and that’s why you have to engage conservation groups and historical preservation officers and those sorts of interests. Because if you’re doing your job right, you’re avoiding the kind of impacts that can stall a project.
What’s your assessment of how likely there is to be a permitting reform deal this year? We’ve heard, I think, mixed signals from Congress, but I also think that there’s some sense that if it were ever to happen, it would need to happen during this term, and probably come together over the next few months and solidify in the lame duck.
We’re still very much at the table, and so I’m not going to say it’s going to be easy, but we’re working hard to try and get to yes.
What is essential to getting a deal done?
The recipe for success in the Senate is to have a balanced bipartisan proposal. There are going to be things that are important to Republicans, in order to get to certainty for projects that are important to them. For me, transmission is an incredibly important piece of these negotiations. We have to make sure that it’s an effectively balanced package — that’s how you get to 65, 70 votes.
With SunZia out of the way, are there any other transmission projects or big projects you’d like to see come online?
We’re constantly engaged in the transmission conversation in New Mexico because there are both smaller regional lines that we’ve worked through and have gotten some things built, and then there are also additional interregional lines that are being explored. If you can get to a place like we did on SunZia — it wasn’t always this way, but today the breadth of community and political support for Sun Zia is very broad.
That’s been striking to me about SunZia. I’m in New York, and we just opened a big new transmission line down the Hudson. It’s great. It’s going to supply New York with 20% hydro power. And it’s funny because SunZia and the Champlain Hudson Power Express were contested projects when they were getting built, but now that they’re open, people are very supportive of them. What do you think is the lesson there for other lines?
It’s part process. When you do a good job on the process, you build more and more support over time, as people start to see the actual economic benefits in particular. So for a landowner in central New Mexico who has two or three turbines on their family ranch, the lease fees can be the difference between profitability and unprofitability. The [union] jobs of actually putting up the towers, and the generation and construction jobs — when those benefits become real, and the scary idea you might have had doesn’t necessarily manifest itself, it changes the equation. And so over time, if you’re doing this well, more and more accrues on the positive side of the ledger and less and less on the negative side.
But there’s still plenty of room for regional grid operators to set their own rules.
Almost eight months have passed since the Federal Energy Regulatory Commission was tasked by the Trump administration with conjuring up with new rules to help speed up interconnection of large loads without increasing retail electricity costs. On Thursday, FERC finally responded with “major reforms,” in the words of Chair Laura Swett, putting the onus on America’s restructured electricity markets — PJM Interconnection, Midcontinent Independent System Operator, Southwest Power Pool, California Independent System Operator, ISO New England, and New York Independent System Operator — to figure out how to implement their suggested solutions.
Using what’s known as “show cause” orders, FERC presented those in charge of these electricity markets, known as regional transmission organizations and independent system operators, with what was essentially a menu of ideas that have been percolating in electricity policy circles since the rise of data-center-driven load growth has started putting pressure on the existing grid and told them to get to work. Secretary of Energy Chris Wright’s original “advance notice of proposed rulemaking,” published in late October, was more proscriptive and specific, whereas FERC essentially said to regional electricity markets, “do whatever you have to, just make it work.”
In a brief email, former FERC chair Neil Chatterjee described this as “a very FERC-y approach!” Or as Gretchen Kershaw, the chief operating officer of Grid Strategies and a former FERC legal advisor, explained to me that “it’s much faster to act on a region-specific basis instead of going through a full notice and comment rulemaking process.”
The commission’s proposed reforms fall into five categories:
1. The markets need “clear transmission service application and study rules” for large load customers seeking to connect to the grid, Swett said in her remarks. The commissioners specifically called out the use of “grid-enhancing technologies” to expand the capacity of America’s existing electricity infrastructure — things like reconductoring, which adds transmission capacity along existing wires, and dynamic line rating, which adjusts capacity based on local weather and conditions. “The cheapest transmission line is the one that already exists,” Commissioner David Rosner said, speaking after Swett at Thursday’s meeting.
2. The RTOs and ISOs will also have to show that they have “adequate safeguards against cost-shifting or take steps to create them,” Swett said. This will require “cost recovery agreements,” Rosner added, “which are designed to ensure that large loads pay their fair share of the costs incurred to serve them, regardless of whether the large load comes online as planned.” In other words, “If new infrastructure is built to accommodate a data center, and that data center doesn’t show up, residential customers are not left on the hook to pay the costs,” he said.
3. The third area that the electricity markets will have to address is co-location and behind-the-meter power, specifically coming up with rules that facilitate purpose-built generation facilities to support new large loads. This would allow data centers and big power users to be less of a burden on the grid, thus requiring less in the way of grid upgrades and additional costs that would be borne by all ratepayers.
4. The orders tells markets “to prove or develop new transmission services to reflect large load flexibility,” Swett said. Load flexibility is another idea designed to lower the system cost of data centers. Grids have to be built out to accommodate the peak demand of the system, but with flexibility, data centers could shave off how much power they demand during, say, a hot summer day, thus lowering that demand peak. To get there, however, they need to be properly incentivized. FERC is telling the RTOs and ISOs to come up with rules that would allow large loads to come online without necessarily requiring vast new buildouts of grid infrastructure and generation. “Legalizing flexible transmission service options for more large load customers can speed interconnection, avoid constructing unnecessary transmission upgrades, reduce strain on the grid, and make power bills cheaper for everyone,” Rosner said.
5. Finally, the orders will require the markets to come up with rules and procedures for generation that’s “proximate” to new load. This will encourage “bring your own new generation,” Rosner said. That stands in contrast to proposals requiring or encouraging new large sources of demand to place generation on their own premises. “Literal co-location is not the only way to facilitate faster, more efficient, and more cost-effective connections to the grid,” Rosner said.
The markets will have to come back in a month to explain how they “intend to ensure that adequate generation will be available to serve existing and new large loads,” a FERC staffer explained at Thursday’s meeting, then again a month later to explain either how their existing rules conform to the new requirements or how they plan to charge their rules to do so.
The commission’s decision is not a formal rulemaking. Instead, the commissioners argued that tasking each RTO and ISO with specific orders would result in a more tailored set of reforms. “Today we’re engaging those to act with more speed, more durability, and more precision than we would get with our proposed rulemaking,” Commissioner David LaCerte said.
The action was strikingly bipartisan, with Democratic and Republican commissioners approving it in a 5-0 vote. It also won plaudits from clean energy and environmental groups. The Sierra Club said in a statement the action was “responsive to Sierra Club’s requests on several fronts,” while the clean energy trade group Advanced Energy United lauded the orders as “potentially creating much-welcome regulatory certainty and transparency, as well as some safeguards to ensure that co-location won’t negatively impact the electric rates and system reliability of all other customers.”
Federal energy regulators have been mulling these reforms as the Trump administration and state and local government officials have grown increasingly restless with rising electricity prices, utilities, and data center developers. Swett herself has scolded America’s largest electricity market, PJM Interconnection, for its inability to meet its own preferred level of excess capacity to ensure it can maintain continuous service, as well as continual high capacity costs, which have translated into tens of billions of dollars of added costs for electricity customers in the mid-Atlantic. Swett has even gone so far to suggest that PJM “ simply has grown too big to function,” leading some market observers to speculate that a forced breakup may be nigh.
Electricity prices nationwide have risen 5.3% in the last year, according to the Bureau of Labor Statistics, while overall prices were up 4.2% — a number that includes gasoline price increases stemming from the war in Iran. In PJM territories like New Jersey, average bills have increased from about $91 to $140 over the past five years, while prices are up some 52%, according to the Heatmap-MIT Electricity Price Hub.
The existing rules, Swett said, are “unjust and unreasonable because they do not adequately address how to integrate large and co-located loads onto the transmission system.”
“Free-riding on other customers is not an option,” she added.
Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.
Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.
As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.
Last week, the renewables trades filed a motion to immediately end this de facto national freeze. Attached to this motion: a murderer’s row of on-the-record statements from senior executives for large U.S. energy developers seeking to build their wind projects. I’ve honestly never seen anything like it – declarations railing against the Pentagon from top personnel for Pattern Energy, Apex Clean Energy, EDP Renewables, Triple Oak Power, Bordas Renewable Energy, Nova Clean Energy and Palmer Capital.
The declarations describe each company’s individual experiences struggling to get these routine height clearances. Adam Clark of Pattern Energy said the Pentagon’s inaction has “jeopardized committed capital, threatened project viability” and “delayed or blocked local and state permitting.” Thomas LoTuro at EDP Renewables said the military’s behavior “effectively halted” a “substantial portion of [EDP] North America’s project portfolio,” stalling some proposals for so long that it risks violating existing local road agreements for construction.
Some of these executives – such as those for Invenergy, Bordas, and Triple Oak – only describe themselves as representatives of the subsidiaries or LLCs developing individual wind projects affected by the freeze. Those filings do not make any reference by name to their parent companies. But quick background checks revealed each of these individuals holds broader development or management roles at the parent companies and I understand from conversations with individuals involved in this litigation that their statements were a significant step not taken likely.
“You are very observant,” one senior renewable energy industry insider told me when I asked about the executives’ statements.
This insider – who has firsthand knowledge about the litigation – told me the companies going on the record are largely doing so because of the extent they’re at risk. Often the height clearance for turbines is one of the final procedural steps before starting construction, and the incoming sunset of tax credits under the Inflation Reduction Act has made construction start dates key to projects’ budgets. Wind development has been drastically undermined by Trump’s permitting freezes. American Clean Power has said turbine orders halved in the first half of 2025, reaching their lowest levels since the COVID-19 pandemic lockdowns.
There’s also the sheer magnitude of the freeze. Before the Pentagon ruined the lives of wind developers, the Trump renewable permitting freeze was an obstacle companies could design around by avoiding wetlands, species habitat, and federal lands. It should’ve been a relief, for example, that the Trump administration dropped its legal defense of the president’s Day 1 executive order going after wind permitting. But the military’s hold on approvals had nothing to do with that and its scope reaches further than just the federal government, as height clearances are often needed for state, county, and municipal permits too.
Ultimately the Pentagon wind freeze represents an existential threat to renewable energy developers’ businesses and reputations in the investment community. Sean Stocker, head of development for Apex Clean Energy, stated in a declaration submitted in the Pentagon wind litigation that more than $133 million in project costs incurred were at risk of being lost, including over projects that had already been determined “do not pose an unacceptable risk to national security.” This has resulted in “impacts and losses” that are “not fully recoverable” even if the companies win in the litigation because of the damage to wind energy’s reputation.
“If Apex is forced to cancel projects as a result of DoD inaction, the resulting economic, reputational, and business losses could irreparably harm the company,” Stocker stated.
Since the start of Trump 2.0, wind energy developers have been skittish to publicly challenge the president in any way for fear of retribution. Trump could hypothetically make wind energy life hell in fresh new ways. Like for example, targeting energy companies critical of the administration in an ongoing crackdown on bird deaths at operational wind farms. A reasonable fear! “Companies are still risk averse and they’re afraid. The knock-on business impacts could hypothetically be worse than the loss on the wind project itself,” said the industry insider, who requested anonymity because they did not have permission to speak on the record about the litigation.
Based on the statements submitted in court, it appears energy companies are now emboldened after winning myriad legal battles against the administration via trade group campaigns and lawsuits filed by supportive Democratic attorneys general. Time will tell whether putting all their chips onto the table will work out in the end.
A representative for the groups involved in the litigation did not respond to a request for comment.