Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Energy

What We Don’t Know About Trump’s $1 Billion Deal With Total Could Kill It

It’s not even clear where the money is coming from.

Donald Trump grabbing a wind turbine.
Heatmap Illustration/Getty Images

President Trump’s Day One moratorium on offshore wind leasing and permitting was vacated by a federal judge in December. Weeks later, the president issued stop-work orders on five offshore wind projects that were under construction, citing unspecified national security concerns, but those orders were also soon rejected one by one by the courts.

Trump’s agreement with TotalEnergies this week to buy back the company’s offshore wind leases appears to represent a new tactic to destroy the industry — by paying it to go away.

Total’s CEO, Patrick Pouyanné told CNBC Tuesday that the company was the “first to open the door” to such a deal, and that he suspects the administration “will do other deals with other companies.” The U.S. has sold roughly 40 leases for offshore wind development since 2012, but only eight wind farms have gotten to the construction phase.

Even if other companies were willing to sell their development rights back to the federal government, however, there’s no reason to believe this strategy is any more legally sound than Trump’s stop work orders or permitting pause.

“In virtually all of the instances so far, they are taking steps that are unlawful and certainly unprecedented,” Elizabeth Klein, who served as director of the Bureau of Ocean Energy Management under President Biden, told me, referring to Trump’s efforts to obstruct offshore wind development. “So I don't think they should be given any benefit of the doubt that what they’re doing here is a lawful approach, or that they have the authorization to do what they are doing.”

Key details about the deal have yet to be disclosed, including under what authority the Department of the Interior has agreed to pay Total and where the money is coming from. Here’s what we know and don’t know about the agreement, and the questions it raises about whether this deal was lawful and whether it can be replicated. Neither TotalEnergies nor the Department of the Interior responded to questions for this story.

There’s nothing normal about a refund

According to the Department of the Interior’s press release announcing the deal, Total will invest $928 million — the amount it paid for two offshore wind leases in 2022 — in oil and gas production in the United States. Following those investments, the government will terminate Total’s wind leases and reimburse the company for the $928 million.

But the revenue the Department brought in from the 2022 lease sale is not just sitting in the agency’s coffers waiting to be refunded. It went to the Treasury’s General Fund, Klein, told me. The question, then, is what money is the agency using to reimburse Total?

“Has Interior been appropriated $1 billion to refund Total?” Klein asked. “Is there litigation that we all don't know about, and this is part of a settlement? There's a number of questions about how Interior is authorized to take this action.”

On its face, canceling a lease isn’t so extraordinary. The Secretary of the Interior is allowed to terminate a lease agreement if, say, the leaseholder violates the terms, and leaseholders are also allowed to voluntarily relinquish their leases. But in neither case does the law say they are entitled to their money back.

“There's no regulatory authorization that I am aware of that allows Interior to just refund the amount that a lease cost,” Klein said. She noted that Shell, the oil company, let go of almost all of its oil and gas leases in the Chukchi and Beaufort Seas during Obama’s presidency because it determined it could not economically develop them. The company had spent more than $2 billion on the leases and did not get any of that back.

All signs point to a legal dispute

A straightforward reading of the Interior Department’s press release sounds like the agency is taking revenue from an offshore wind lease sale and using it to subsidize oil and gas investments. That would be violating the U.S. Constitution, which says that “No money shall be drawn from the Treasury, but in consequence of appropriations made by law.” The Interior cannot just pay out $928 million in lease refunds or oil and gas subsidies to a company without Congress appropriating funds for that purpose.

That does not appear to be what’s happening here, given that Representative Chellie Pingree of Maine, the ranking member on the House Appropriations subcommittee that oversees the Interior Department’s funding, issued a statement saying that she has “serious questions about where this money is coming from.”

That leaves the other possibility Klein raised — a settlement. TotalEnergies does, in fact, describe the deal as a “settlement” in its own press release. During Pouyanné’s CNBC interview, the CEO claimed that after Trump paused permitting for offshore wind projects, Total issued an ultimatum.

“We went to the government: ‘Look, we could either go to litigate with you. I’d hate that. It is not at all our philosophy,’” he said. “‘Or we enter into a deal. The deal is quite simple. We propose to give you back this license. We paid the Treasury $930 million. You give us back the $930 million, and we are ready to commit that we will invest them in U.S. energy.”

If Total did indeed threaten to sue the Interior Department for halting permitting, the agency may have been authorized to pay Total out of the “judgement fund,” an essentially bottomless fund overseen by the Department of Justice intended for agency settlements. Use of the judgement fund requires evidence of litigation or imminent litigation and approvals from the Department of Justice and the Treasury Department. Considering that Attorney General Pam Bondi was quoted on the Interior Department’s press release, this appears to be the most likely source of the funds.

A settlement requires a valid claim

There are problems with this version of the story, too, however. Pouyanné said the company threatened litigation over Trump’s permitting pause, but again, a court tossed out that permitting pause in December. While the administration is appealing the court’s decision, the judgment weakens Total’s claim and raises questions about the Interior Department’s need to settle, let alone for $928 million. The court’s decision also undermines the case for future settlements with other leaseholders.

Tony Irish, a former solicitor in the Interior Department’s Division of General Law, told me that Pouyanné’s story brings to mind a tactic known as “sue and settle.” The term, which has historically been lobbed at environmental groups, describes a situation in which an interest group sues an administration — typically one friendly to its cause — as a way to advance policy goals without public input. Rather than try to dismiss the claim, the administration settles with the group behind closed doors, often agreeing to initiate new rules as a result. More conspiratorial critics of this practice contend that federal agencies have even colluded with outside groups to file such lawsuits.

There’s been more than a decade of debate over whether this perception of “sue and settle” cases is a real phenomenon or not. Nevertheless, Secretary of the Interior Doug Burgum vowed to address the issue by increasing transparency of agency settlements. Last summer, he issued an order stating that the department’s settlements would be subject to public disclosure. The order describes the creation of an online “litigation transparency portal” where the agency will post all ongoing and resolved settlement agreements, including finalized agreements.

That website has not yet been created, however. To date, nothing related to the Total settlement, if it is a settlement, has been posted to the Bureau of Ocean Energy Management webpages for the leases or in the Federal Register.

Without having access to that documentation, it’s impossible to scrutinize the circumstances that led the Trump administration to settle for such an exorbitant fee. To Irish, the available evidence is consistent with a misuse of power. “It upends the rule of law for agencies to selectively pay off favored parties negatively impacted by a policy choice by just calling it a legal settlement and using an unlimited account of taxpayer funds,” Irish said.

Blue

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Climate

Does Microsoft’s Clean Energy Pullback Actually Matter?

Giving up on hourly matching by 2030 doesn’t mean giving up on climate ambition — necessarily.

Clean energy and the Microsoft logo.
Heatmap Illustration/Getty Images

Microsoft celebrated a “milestone achievement” earlier this year, when it announced that it had successfully matched 100% of its 2025 electricity usage with renewable energy. This past week, however, Bloomberg reported that the company was considering delaying or abandoning its next clean energy target set for 2030.

What comes after achieving 100% renewable energy, you might ask? What Microsoft did in 2025 was tally its annual energy consumption and purchase an equal amount of solar and wind power. By 2030, the company aspired to match every kilowatt it consumes with carbon-free electricity hour by hour. That means finding clean power for all the hours when the sun isn’t shining and the wind isn’t blowing.

Keep reading...Show less
Blue
Energy

Regulatory Reform Is Headed for the Nation’s Largest Grid

PJM Interconnection has some ideas, as does the state of New Jersey.

Josh Shapiro and Mikie Sherrill.
Heatmap Illustration/Getty Images

We’ve already talked this week about Pennsylvania asking whether the modern “regulatory compact,” which grants utilities monopoly geographical franchises and regulated returns from their capital investments, is still suitable in this era of rising prices and data-center-driven load growth.

Now America’s biggest electricity market and another one of that market’s biggest states are considering far-reaching, fundamental reforms that could alter how electricity infrastructure is planned and paid for over 65 million Americans.

Keep reading...Show less
Green
Climate Tech

Funding Friday: Robots Want Fast-Charging Batteries

Big fundraises for Nyobolt and Skeleton Technologies, plus more of the week’s biggest money moves.

A Skeleton factory.
Heatmap Illustration/Getty Images, Skeleton

Following a quiet week for new deals, the industry is back at it with a bunch of capital flowing into some of the industry’s most active areas. My colleague Alexander C. Kaufman already told you about one of the more buzzworthy announcements from data center-land in Wednesday’s AM newsletter: Wave energy startup Panthalassa raised $140 million in a round led by Peter Thiel to “perform AI inference computing at sea” using nodes powered by the ocean’s waves.

This week also saw fresh funding for more conventional data center infrastructure, as Nyobolt and Skeleton Technologies both announced later-stage rounds for data center backup power solutions. Meanwhile, it turns out Redwood Materials is not the only company bringing in significant capital for second-life EV battery systems — Moment Energy just raised $40 million to pursue a similar approach. Elsewhere, investors backed an effort to rebuild domestic magnesium production, and, in a glimmer of hope for a sector on the outs, gave a boost to green cement startup Terra CO2.

Keep reading...Show less
Green