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The U.S. and Israel’s war of choice has already destroyed many things, including the president’s domestic energy strategy.

President Trump’s war in Iran is not popular. More than half of Americans disapprove of the conflict, according to Nate Silver, while fewer than 40% approve it — a 17-point deficit that has dragged down the president’s overall approval rating with it. The major polling averages now show the president’s approval in the high 30s, compared to 42% at the beginning of the year.
America’s interpreting class has, I think, absorbed this truth about the war. What has attracted less attention, perhaps, is that the war has left Trump’s energy policy dead in the water.
The Trump administration is not over: He will remain president for the next two years and nine months, and I expect many of his officials’ ideas — including their ambitious nuclear energy buildout — to move forward. But Trump’s ambitious plans to remake the country’s energy system — and the bargain that he made with the American people and the world — have been defeated by reality.
Trump’s energy policy was premised on a simple idea: If Americans gave the fossil fuel industry whatever it wants, then they would enjoy cheap and boundless energy — and especially cheap gasoline. Beginning on day one, his administration struck down air and water pollution rules, canceled energy efficiency standards, and waged bureaucratic war on any state government or rival industry that dared to withhold market share from oil or gas. It aimed to make the market for fossil fuels as large as possible, essentially locking in compulsory demand for oil, natural gas, and coal across the economy.
In return, the unshackled energy industry was supposed to bless Americans with unlimited cheap electricity and gasoline. Trump described this bargain with characteristic blunt eloquence. He would end Biden’s “war on energy,” he promised crowds before the 2024 election: “We will frack, frack, frack, and drill, baby, drill.” In return, he said, “I will cut your energy prices in half within 12 months.”
Trump has manifestly failed to cut energy prices at all. Instead, his war of choice in Iran has sent gas prices surging, rising more than a dollar in a month. Americans are operating fewer drilling rigs today than they were a year ago.
Meanwhile, the country and the world are spiraling into the worst energy crisis in years. Yet Trump’s policy is not doomed because of these broken promises or high prices. The entire premise and justification of Trump’s strategy is now moot — and the administration is likely to spend the better part of its remaining time in office picking up the pieces.
The plan has failed. What is striking, however, is that I’m not sure Trump’s energy team has realized it yet.
To understand the Trump approach, look first to the power sector. The president began his administration by repealing a slew of energy efficiency rules for household appliances — a surefire way to drive up long-term electricity demand. He embraced the artificial intelligence boom, appointing techno-libertarians such as the venture capitalist David Sacks to senior administration positions and revelling in the surge in energy demand.
Higher electricity demand, to be clear, can be a good thing; demand from data centers could help build grid resiliency over the long term. But the Trump administration has instead fought efforts to meet the coming surge in demand with additional generation capacity from renewables. Even as the supply chain for new utility-scale natural gas plants has become clogged and backed up, the president’s agencies waged an all-out bureaucratic war on new wind, solar, and battery projects, condemning hundreds of new power plants to regulatory purgatory. They have even tried to keep companies from building wind farms on private land. In other words, the Trump administration kept America from diversifying its energy sources, doubling down on fossil fuels while preparing to upend the global fossil fuel supply chain.
Trump’s transportation policies followed the same logic. Most Americans know Trump and the Republican leadership have tried to crush the American electric vehicle sector, yanking consumer-side incentives and creating a new EV rust belt. But Republicans have also fatally weakened long-standing rules meant to improve the efficiency of gasoline-burning cars and trucks. Back during the mid-2000s oil shock, Congress revived the Corporate Average Fuel Economy rules, which in the years since have helped to improve the U.S. vehicle fleet’s fuel efficiency even as cars got larger and heavier. But last year, congressional Republicans set the penalties for violating those rules at zero dollars, essentially wiping them from the books. At the same time, the Trump administration has tried to terminate a similar EPA program for regulating car and truck gas mileage. It also shut down the emissions credit-swapping mechanisms that helped support new American EV companies such as Tesla, Rivian, and Lucid.
Combined, these policies have reduced the American economy’s ability to withstand an oil shock. And yet many of the president’s most important messengers appear not to have realized this. In late March, I attended the CERAWeek by S&P Global conference in Houston, the so-called “Super Bowl of energy” that brings together 11,000 professionals from across the oil, gas, utilities, and clean energy sectors. Interior Secretary Doug Burgum and Energy Secretary Chris Wright spoke to the group, but the administration’s most memorable spokesperson by far was Lee Zeldin, the New York Republican who leads the Environmental Protection Agency.
The conference was an odd one. The Iran War had ruined every oil executive’s talking points, which had seemingly been prepared by an unseen phalanx of communications staff early in Q1, so a curious and unspeakable unease permeated the proceedings. Despite the many emergency panels devoted to the topic, few seriously wanted to address the closure of the Strait of Hormuz; nobody knew what to say about the biggest convulsion in the oil trade since the 1970s. Was gas about to go to $7 per gallon? Was the oil and gas industry about to transform forever? The best most executives could manage was say that they were working overtime to keep Persian Gulf employees safe.
CERAWeek sprawls across Houston’s 24-story Hilton Americas hotel and a neighboring convention center. At its spiritual and literal center is a huge, dark ballroom, where hundreds of attendees watched as Daniel Yergin — the author of the comprehensive oil history The Prize and de facto dean of energy analysts — chatted amicably with energy CEOs and government officials on a lit central stage. Yergin’s interview style could not be described as grueling, but it revealed how attendees were thinking and feeling, and their comfort on stage.
It fell to Zeldin, who spoke uncomfortably with Yergin on on Wednesday, to reveal the perishing of the president’s energy policy. Unlike Burgum, a former governor, Zeldin lacks a certain political subtlety; unlike Wright, a former fracking executive, Zeldin never gained a working knowledge of the oil and gas industry. His greatest qualification for the EPA job seemed to be a visceral hatred of offshore wind projects near his Long Island home — and although as a congressman Zeldin could boast a somewhat moderate environmental record, he has since reformed himself, denouncing the “Green New Scam” and “the climate change religion” in his new role. It has worked: He is reportedly on the short list to replace Pam Bondi as attorney general.
The risks of this flexibility were on display, however, when Zeldin chose to defend Trump’s policies to Yergin on the basis of affordability. By cutting pollution rules for cars and trucks — and repealing the regulatory finding that let the EPA regulate heat-trapping tailpipe pollution at all — the EPA was making life cheaper for regular Americans, Zeldin claimed.
Americans “want government to heed and apply pragmatism and common sense to help achieve the American dream, to make life more affordable,” Zeldin said. “Anyone who cares about affordability — anyone who cares about being able to have access to heat your home and to fuel your car — people who right now, are choosing between heating their homes or filling their refrigerator or getting their prescription drugs — these Americans put President Trump back in office in November of 2024, and they deserve a vote,” he said.
Someone should tell those voters that Trump’s Iran war is likely to drive up costs of gasoline and food and prescription drugs. But it is all the more painful because Zeldin did not appear to understand his own agency’s conclusions. The problem is that Zeldin’s rollback — and the rest of the Trump administration’s war on EVs — will not actually make gasoline cheaper at all. According to the EPA’s own analysis, the rollback will instead make gasoline more expensive because it will increase the amount of gasoline that people have to use to do the same amount of driving. The rollback is, instead, supposed to make cars cheaper because it will reduce the amount of emissions-lowering technology that automakers must install in each vehicle.
Especially now, the rollback is unlikely to save Americans money. As Zeldin was forced to concede at a Politico-hosted event a day earlier, the EPA rollback only brings economic benefits to the American people if you assume oil prices will stay unreasonably low — on the order of $47 a barrel, or about $2 a gallon for gas. “I don’t think anyone is making believe that the fluctuation that’s taking place over the last few weeks is indicative of where the price of oil is going to be months from now, or years from now,” Zeldin said when asked about the discrepancy. But $47 oil is so low, so unbelievable, that it would spell economic doom for most American oil drillers.
Yergin did not make this apocalyptic scenario clear on stage, but he didn’t need to: I did not get the sense that Zeldin particularly captivated the energy executives in the audience, either. When Yergin asked him to give an example of the kind of regulations that the EPA is cutting, Zeldin cited the agency’s accelerated effort to clear hazardous material after the Los Angeles wildfires, then meandered into a multi-minute denunciation of the mainstream media that ended with his thoughts on how to properly construct a news diet in 2026.
“People would ask me, like, ‘What's the best place to go to get caught up on the news?’” Zeldin said. (Yergin, the winner of the 1992 Pulitzer Prize for general nonfiction, had not asked.) “Honestly, my best answer is, if you have the time to be able to read five different sources and to form your own independent judgment, because unfortunately, right now, there’s some of these outlets — you go to one outlet and you’re not getting the full story.”
“So we'll get back to the environment now,” Yergin replied. Laughter filled the ballroom.
It is not only the domestic aspect of Trump’s energy policy that has suffered a setback. It is the foreign policy, too. Trump, Wright, and Burgum have argued to Americans (with varying levels of sophistication) that America’s economic future lies in selling fossil fuels to the world, and that countries with more aggressive decarbonization strategies will eventually turn away from electric technologies and back toward the affordability and reliability of oil and gas. (Even before his time in government, Wright framed America’s fossil fuel exports in humanitarian terms, casting them as a form of “energy freedom” provided to developing states.) Zeldin could not help himself at CERAWeek from mentioning that the Strait of Hormuz’s closure had made Asian countries even more interested in America’s energy exports.
Yet the Iran debacle, too, has undercut this policy of fossil exporterism. It has convinced Asian and European countries that oil and liquified natural gas are too volatile to enthrone in the transport and power sector when alternatives are available. And it has forced them to abruptly rethink several kinds of fossil-exposed risks at once: the geographic risk of Persian Gulf-supplied energy and the political risk of American-supplied energy. That’s roughly a quarter of global oil capacity — and half of LNG export capacity.
The Iran War and the resulting Hormuz closure are testing the compact at the heart of America’s security relationship with East Asia — that the United States will guarantee freedom of navigation, and with it a secure supply of seaborne energy, to its allies and partners. No wonder that in the days and weeks since that pact’s termination, we have seen more East Asian countries immediately shift their energy policies to more closely resemble China’s, which designed its own energy system precisely to survive the lack of these American guarantees. In the months to come, we will see these countries do exactly what Trump officials said they would not do — build more solar and batteries, and buy more Chinese-made electric vehicles. They will probably burn more coal, too. And many of them will deepen their trade relationships with China, whose homegrown electric automakers are already seeing surging demand for new vehicles. Donald Trump may hate decarbonization, but few have done more than him to make it attractive.
Not that the war has shown that an energy transition is inevitable — or immediately possible. Like the Ukraine invasion, it has revealed the world’s reliance on other essential molecules derived from hydrocarbons, such as plastics, medications, and fertilizer. The existence and persistence of these molecules is, of course, known to would-be decarbonizers and economic planners. But most countries — other than China — have not invested in ways to pursue them at home or with lower emissions. (The United States made a number of plays to diversify its feedstocks for those industries during the Biden administration, but Trump largely gutted those efforts.) China, meanwhile, has invested in both low-emissions industrial processes and, more ominously, a new fleet of coal-to-chemical facilities seemingly designed to bolster the country’s energy security. These facilities, which have boosted China’s heat-trapping pollution in recent years, now seem less like a preparation for future military adventurism and more like a prudent investment.
So even as the crisis has undercut Trump’s hazy vision of a cheap, carboniferous, American-led world, it will not exactly redound to the benefit of clean energy. Perhaps Trump’s energy officials can savor that irony as they descend into political irrelevance.
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With construction deadlines approaching, developers still aren’t sure how to comply with the new rules.
Certainty, certainty, certainty — three things that are of paramount importance for anyone making an investment decision. There’s little of it to be found in the renewable energy business these days.
The main vectors of uncertainty are obvious enough — whipsawing trade policy, protean administrative hostility toward wind, a long-awaited summit with China that appears to have done nothing to resolve the war with Iran. But there’s still one big “known unknown” — rules governing how companies are allowed to interact with “prohibited foreign entities,” which remain unwritten nearly a year after the One Big Beautiful Bill Act slapped them on just about every remaining clean energy tax credit.
The list of countries that qualify as “foreign entities of concern” is short, including Russian, Iran, North Korea, and China. Post-OBBBA, a firm may be treated as a “foreign-influenced entity” if at least 15% of its debt is issued by one of these countries — though in reality, China is the only one that matters. This rule also kicks in when there’s foreign entity authority to appoint executive officers, 25% or greater ownership by a single entity or a combined ownership of at least 40%.
Any company that wants to claim a clean energy tax credit must comply with the FEOC rules. How to calculate those percentages, however, the Trump administration has so far failed to say. This is tricky because clean energy projects seeking tax credits must be placed in service by the end of 2027 or start construction by July 4 of this year, which doesn’t leave them much time left to align themselves with the new rules.
While the Treasury Department published preliminary guidance in February, it largely covered “material assistance,” the system for determining how much of the cost of the project comes from inputs that are linked to those four nations (again, this is really about China). That still leaves the issue of foreign influence and “effective control,” i.e. who is allowed to own or invest in a project and what that means.
This has meant a lot of work for tax lawyers, Heather Cooper, a partner at McDermott Will & Schulte, told me on Friday.
“The FEOC ownership rules are an all or nothing proposition,” she said. “You have to satisfy these rules. It’s not optional. It’s not a matter of you lose some of the credits, but you keep others. There’s no remedy or anything. This is all or nothing.”
That uncertainty has had a chilling effect on the market. In February, Bloomberg reported that Morgan Stanley and JPMorgan had frozen some of their renewables financing work because of uncertainty around these rules, though Cooper told me the market has since thawed somewhat.
“More parties are getting comfortable enough that there are reasonable interpretations of these rules that they can move forward,” she said. “The reality is that, for folks in this industry — not just developers, but investors, tax insurers, and others — their business mandate is they need to be doing these projects.”
Some of the most frequent complaints from advisors and trade groups come around just how deep into a project’s investors you have to look to find undue foreign ownership or investment.
This gets complicated when it comes to the structures involved with clean energy projects that claim tax credits. They often combine developers (who have their own investors), outside investment funds, banks, and large companies that buy the tax credits on the transferability market.
These companies — especially the banks, which fund themselves with debt — “don’t know on any particular date how much of their debt is held by Chinese connected lenders, and therefore they’re not sure how the rules apply, and that’s caused a couple of banks to pull out of the tax equity market,” David Burton, a partner at Norton Rose Fulbright, told me. “It seems pretty crazy that a large international bank that has its debt trading is going to be a specified foreign entity because on some date, a Chinese party decided to take a large position in its debt.”
For those still participating in the market, the lack of guidance on debt and equity provisions has meant that lawyers are having to ascend the ladder of entities involved in a project, from private equity firms who aren’t typically used to disclosing their limited partners to developers, banks, and public companies that buy the tax credits.
“We’re having to go to private equity funds and say, hey, how many of your LPs are Chinese?” David Burton, a partner at Norton Rose Fulbright, told me. This is not information these funds are typically particularly eager to share. If a lawyer “had asked a private equity firm please tell us about your LPs, before One Big Beautiful Bill, they probably would have told us to go jump in the lake,” Burton said.
Still, the deals are still happening, but “the legal fees are more expensive. The underwriting and due diligence time is longer, there are more headaches,” he told me.
Typically these deals involve joint ventures that formed for that specific deal, which can then transfer the tax credits to another entity with more tax liability to offset. The joint venture might be majority owned by a public company, with a large minority position held by a private equity fund, Burton said.
For the public company, Burton said, his team has to ask “Are any of your shareholders large enough that they have to be disclosed to the SEC? Are any of those Chinese?” For the private equity fund, they have to ask where its investors are residents and what countries they’re citizens of. While private equity funds can be “relatively cooperative,” the process is still a “headache.”
“It took time to figure out how to write these certifications and get me comfortable with the certification, my client comfortable with it, the private equity firm comfortable with it, the tax credit buyer comfortable with it,” he told me, referring to the written legal explanation for how companies involved are complying with what their lawyers think the tax rules are.
Players such as the American Council on Renewable Energy hope that guidance will cut down on this certification time by limiting the universe of entities that will have to scrub their rolls of Chinese investors or corporate officers.
“It’d be nice if we knew you only have to apply the test at the entity that’s considered the tax owner of the project,” i.e. just the joint venture that’s formed for a specific project, Cooper told me.
“There’s a pretty reasonable and plain reading of the statute that limits the term ’taxpayer’ to the entity that owns the project when it’s placed in service,” Cooper said.
Many in the industry expect more guidance on the rules by the end of year, though as Burton noted, “this Treasury is hard to predict.”
In the meantime, expect even more work for tax lawyers.
“We’re used to December being super busy,” Burton said. “But it now feels like every month since the One Big Beautiful Bill passed is like December, so we’ve had, like, you know, eight Decembers in a row.”
Deep cuts to the department have left each staffer with a huge amount of money to manage.
The Department of Energy has an enviable problem: It has more money than it can spend.
DOE disbursed just 2% of its total budgetary resources in fiscal year 2025, according to a report released earlier this year from the EFI Foundation, a nonprofit that tracks innovations in energy. That figure is far lower than the 38% of funds it distributed the year prior.
While some of that is due to political whiplash in Washington, there is another, far more mundane cause: There simply aren’t that many people left to oversee the money. Thanks to the Department of Government Efficiency’s efforts, one in five DOE staff members left the agency. On top of that, Energy Secretary Chris Wright shuffled around and combined offices in a Kafkaesque restructuring. Short on workers and clear direction, the department appears unable to churn through its sizable budget.

Though Congress provides budgetary authority, agencies are left to allot spending for the programs under their ambit, and then obligate payments through contracts, grants, and loans. While departments are expected to use the money they’re allocated, federal staff have to work through the gritty details of each individual transaction.
As a result of its reduced headcount, DOE’s employees are each responsible for far more budgetary resources than ever before.
“DOE is facing its largest imbalance in its history,” Alex Kizer, executive vice president of EFI Foundation, told me. In fiscal year 2017, DOE budgeted around $4.7 million per full-time employee. In the fiscal year 2026 budget request, that figure reached $35.7 million per worker — about eight times more.
Part of that increase is the result of the unprecedented injection of funding into DOE from the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act. The pair of laws, which gave DOE access to $97 billion, comprised the United States’ largest investment to combat climate change in the nation’s history.
The epoch of federally backed renewable energy investment proved to be short-lived, however. Once President Trump retook office last year, his administration froze funds and initiated a purge of federal workers that resulted in 3,000 staffers (about one in five) leaving DOE through the Deferred Resignation Program. The administration canceled hundreds of projects, evaporating $23 billion in federal support.
While the One Big Beautiful Bill Act passed last summer depleted some of the IRA’s coffers and sunsetted many tax credits years early, it only rescinded about $1.8 billion from DOE, according to the EFI Foundation. Much of the IRA’s spending had already gone out the door or was left intact.
This leaves DOE in a strange position: Its budget is historically high, but its staffing levels have suffered an unprecedented drop.

Even before the short-lived Elon Musk-run agency took a chainsaw to the federal workforce, DOE struggled to hire enough people to keep up with the pace of funding demanded by the IRA’s funding deadlines. The Loan Programs Office, for example, was criticized for moving too slowly in shelling out its hundreds of billions in loan authority. According to a report from three ex-DOE staffers that Heatmap’s Emily Pontecorvo covered, the IRA’s implementation suffered from a lack of “highly skilled, highly talented staff” to carry out its many programs.
“The last year’s uncertainty and the staff cuts, the project cancellations, those increase an already tightening bottleneck of difficulty with implementation at the department,” Sarah Frances Smith, EFI Foundation’s deputy director, told me.
One former longtime Department of Energy staffer who asked not to be named because they may want to return one day told me that as soon as Trump’s second term started, funding disbursement slowed to a halt. Employees had to get permission from leadership just to pay invoices for projects that had already been granted funding, the ex-DOE worker said.
While the Trump administration quickly moved to hamstring renewable energy resources, staff were kept busy complying with executive orders such as removing any mention of diversity equity and inclusion from government websites and responding to automated “What did you do last week?” emails.
On top of government funding drying up, Kizer told me that the confusion surrounding DOE has had a “cooling effect on the private sector’s appetite to do business with DOE,” though the size of that effect is “hard to quantify.”
Under President Biden, DOE put a lot of effort into building trust with companies doing work critical to its renewable energy priorities. Now, states and companies alike are suing DOE to restore revoked funds. In a recent report, the Government Accountability Office warned, “Private companies, which are often funding more than 50 percent of these projects, may reconsider future partnerships with the federal government.”
Clean energy firms aren’t the only ones upset by DOE’s about-face. Even the Republican-controlled Congress balked at President Trump’s proposed deep cuts to DOE’s budget in its latest round of budget negotiations. Appropriations for fiscal year 2026 will be just slightly lower than the year before — though without additional headcount to manage it, the same difficulties getting money out the door will remain.
The widespread staff exit also appears to have slowed work supporting the administration’s new priorities, namely coal and critical minerals. LPO, which was rebranded the “Office of Energy Dominance Financing,” has announced only a few new loans since President Biden left office. Southern Company, which received the Office’s largest-ever loan, was previously backed by a loan to its subsidiary Georgia Power under the first Trump administration.
Despite Trump’s frequent invocation of the importance of coal, DOE hasn’t accomplished much for the technology besides some funding to keep open a handful of struggling coal plants and a loan to restart a coal gasification plant for fertilizer production that was already in LPO’s pipeline under Biden.
Even if DOE wanted to become an oil and gas-enabling juggernaut, it may not have the labor force it needs to carry out a carbon-heavy energy mandate.
“When you cut as many people as they did, you have to figure out who’s going to do the stuff that those people were doing,” said the ex-DOE staffer. “And now they’re going to move and going, Oh crap, we fired that guy.”
Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”