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Investors are betting on gas to meet the U.S.’s growing electricity demand. Turbine manufacturers, however, have other plans.

Thanks to skyrocketing investment in data centers, manufacturing, and electrification, American electricity demand is now expected to grow nearly 16% over the next four years, a striking departure from two decades of tepid load growth. Providing the energy required to meet this new demand may require a six-fold increase in the pace of building new generation and new transmission ― hence bipartisan calls for an energy “abundance” agenda and, where the Trump administration is concerned, dreams of “energy dominance.” This is the next frontier in the fight between clean energy and fossil energy. Which one will end up fueling all of this new demand?
Investors are betting on natural gas. If these demand projections aren’t just hot air, the energy resource fueling all this growth will be, so to speak. Where actually deploying new gas power is concerned, however, there’s a big problem: All major gas turbine manufacturers, slammed by massive order growth, now have backlogs for new turbine deliveries stretching out to 2029 or later. Energy news coverage has mentioned these potential project development delays sometimes in passing, sometimes not at all. But this looming mismatch between gas power demand and turbine supply is a real problem for the grid and everyone who depends on it.
Taking a closer look at the investment plans of GE Vernova, the U.S.’s leading gas turbine manufacturer, suggests that, even as energy demand ramps up, these delays will persist. Rather than potentially overinvest in the face of rising demand and suffer the consequence of falling prices, GE Vernova and its competitors are committed to capital discipline, lengthening their order book, and defending shareholder value. Their reluctance to invest, while justified in some part by the nature and history of the industry, will threaten policymakers’ push for energy abundance ― to say nothing about economic growth or innovation.
Meanwhile, supply chain shortages will constrain the growth of clean energy generation. Inadequate investment in gas and an insufficient buildout of renewables in the face of unprecedented demand growth ― these are a toxic cocktail for the American energy system. Forget visions of an all-of-the-above energy strategy. How about none of the above?
Energy project developers, utilities, and investors have already started adjusting their gas buildout expectations and timelines. NextEra CEO John Ketchum stated in an earnings call that new gas projects “won’t be available at scale until 2030, and then only in certain pockets of the U.S.” That’s due not only to turbine queues, but also to an historically sluggish and increasingly expensive gas project development environment. “The country is starting from a standing start,” he added. “This is an industry that really hasn’t seen any active development or construction in years … all of that puts pressure on cost.”
Even in Texas, where lawmakers created the Texas Energy Fund to provide $10 billion of concessional financing to new gas power plants, delays are biting developers’ balance sheets. Just last week, private developer Engie withdrew two loan applications for gas peaker plant projects due to “equipment procurement constraints.” There’s no other way to spin it — the turbines are the problem.
Given that wait times and reservation payments drain developers’ liquidity and increase their financing costs, energy giants are trying to cut the line. Chevron is partnering with GE Vernova to develop up to 4 gigawatts of gas power plants for data centers. NextEra also announced a partnership with GE Vernova, through which the two companies will co-develop and co-own “multiple gigawatts” of natural gas power plants.
It’s safe to say that GE Vernova’s power division is riding high. The company’s investor materials suggest a heady growth trajectory. Gas turbine equipment orders rose 66% between 2023 and 2024, from 41 turbines to 68 turbines. Those 68 turbines represented about 20 gigawatts of capacity, double 2023’s order book. Developers reserved 9 gigawatts more of turbines; those reservations will turn into contracted production orders by 2026. At this point, 90% of GE Vernova’s total order volumes are in its backlog; for its power division, that represents almost $74 billion of equipment delivery and service contracts.
The company plans to invest $300 million into its gas power business in the next two years. And CEO Scott Strazik is pitching investors on continued growth. “Given our expansion plans to produce 70 to 80 heavy-duty gas turbines per year beginning in the second half of 2026, up from 48 this year, we are positioning to meet this demand. We expect to grow our gas equipment backlog considerably in 2025, even as we ramp to ship approximately 20 gigawatts annually starting in 2027, and expect to remain at that level going forward,” he said on the company’s Q4 earnings call.
That last sentence should give readers pause: GE Vernova has plans to build no more than 20 gigawatts of turbines per year, and developers that miss the cutoffs will just have to queue up for the next year’s order book. Why the limit?
Strazik laid out two key reasons. First, he’s looking for developers’ “receptivity to pay for what I will call premium slots” in 2028 and 2029, to “capture every dollar of price with the precious slots available,” as he told investors during a different presentation in December. GE Vernova’s annual report, which it released in February, refers to this strategy ― inviting desperate developers to bid up the price of scarce turbines ― as “expanding margins in backlog.” Second, the company remains hampered by supply constraints, particularly on ramping up its new heavy-duty and H-class turbines. There are real limits to how much more GE Vernova can build, and how quickly.
But over the longer term, it looks like GE Vernova is intentionally committing more to capital discipline rather than to broader capacity expansion. The company has $1.7 billion in free cash flow, a third of which it will return to shareholders through dividends and stock buybacks. And Strazik wants to avoid using the rest to underwrite what he sees as dangerous overcapacity that could threaten GE Vernova’s profitability. “I think we have to be very thoughtful to make sure that we don't add too much capacity, even though we are starting to sell slots into 2029,” he said during the investor update. “We're going to continue to be very sequential on how we invest.”
Strazik’s current strategy prioritizes productivity and efficiency improvements at GE Vernova’s existing plant in South Carolina over building new manufacturing facilities. Some capacity expansion, sure ― but no new plant. “Concrete's expensive, cranes are difficult,” he told investors. The company’s main competitors abroad, Mitsubishi and Siemens, have the same backlogs, and Mitsubishi, at least, is responding with a similarly measured strategy. Mitsubishi CFO Hisato Kozawa is open to some degree of capacity expansion, but maintains that Mitsubishi can only increase capacity “in a very planned manner with discipline. And if we need more capacity, we may want to first improve the rotation of the capacity.”
To the CEOs of all three companies, history would likely seem to justify this discipline. In 2017 and 2018, years of investment into capacity expansion coincided with a near-total collapse in global demand for gas turbines. This market crash was most likely the combined effect of low energy demand growth, energy efficiency improvements, continued use of coal power across Asia, the growing share of renewable energy on the grid, and investors’ realization that solar and wind energy could meaningfully undercut gas on price. All three companies laid off tens of thousands of employees, and the crash contributed to the complete breakup of General Electric and its partial spin-off into GE Vernova last year.
These gas turbine manufacturers are also some of the world’s leading wind turbine blade manufacturers, and a similar fate befell that sector in the past decade. Large-scale capacity expansion and competition for contracts drove down costs and margins across the supply chain — only for those to move sharply in reverse when supply chains froze up during the pandemic and interest rates shot up in 2023. Now offshore wind projects are plagued with problems and, at least in the U.S., President Trump’s de facto moratorium on offshore wind development has further reduced the sector’s ability to bounce back. These companies have been burned before. It only makes sense not to repeat past mistakes.
Combined-cycle gas turbines are complex machines, similar to airline engines in their intricacy and in the extensive global supply chains required to produce them. But their leading producers, afraid of getting over their skis, won’t undertake the massive upfront investments required to increase their long-term production capacity. Where does this leave the energy transition?
Bankers and energy project developers alike can see the writing on the wall. Beth Waters, managing director for project finance at Japanese bank MUFG, has insisted that “renewables have to be part of the electricity mix. It cannot just be gas-fired.” NextEra’s Ketchum has said the same: “Renewables are here today,” he stated during the latest earnings call — unlike gas. Jigar Shah, the head of the Department of Energy’s Loan Programs Office under President Biden, wrote on LinkedIn about his confidence that “batteries will be deployed at 10X the capacity of combined cycle natural gas units over the next 4 years.” Major utility companies, for their part, still have large clean energy procurement targets in their integrated resource plans. The smart money is clearly betting that an “all-of-the-above” energy deployment strategy will be better than eschewing any particular energy source.
They’re being optimistic. Not only does new utility-scale renewable energy take years to build, there’s also not yet enough transmission and longer-term energy storage on the grid to balance the variance in existing solar and wind resources. That prevents solar and wind from providing the kind of 24-hour stable power that corporate and industrial customers demand. Expanding energy storage and transmission resources will depend not just on regulatory reforms to permitting and interconnection, but also on resolving the severe bottleneck in grid transformers, where analysts believe capacity expansion has also failed to meet roaring demand, resulting in wait times of three to four years. (GE Vernova and Siemens build grid transformers too.) The status quo has left hundreds of gigawatts of clean energy projects across the country stuck in a regulatory and financing limbo, and the grid issues that tie up clean energy development will further constrain gas power growth.
To be sure, President Trump’s “energy dominance” agenda seems to favor the development of clean firm energy resources, such as nuclear and enhanced geothermal, to cut through the literal gridlock. The gas turbine manufacturers, all of which build steam turbines for nuclear power, stand to benefit from interest in restarting and upgrading now-shuttered plants. But building new nuclear projects currently takes at least 10 years, if not more. The singular new nuclear project built in the U.S. in the past three decades was completed seven years late and almost $20 billion over budget.
Enhanced geothermal might fare somewhat better ― its drilling technology comes straight from the fracking sector, and the pilot projects of companies like Fervo are achieving impressive heat and electricity production targets. Still, to turn heat into electricity, Fervo needs turbines, too. While enhanced geothermal projects need organic Rankine cycle turbines, as opposed to the combined-cycle gas turbines used in gas power plants, commodity market strategist Alex Turnbull theorizes that the commonalities between the two will threaten geothermal developers with the same delays and bottlenecks. (Fervo’s turbine supplier is an Italian subsidiary of Mitsubishi.)
The tech giants building data centers are already investing in new power ― but if neither nuclear nor geothermal can be deployed at scale in the absence of massive policy support, then that leaves tech companies paying for whatever energy sources their regional electricity grid relies on in the meantime. As Cy McGeady, a fellow at the Center for Strategic and International Studies, told Heatmap last year, “Nobody is willing to not build the next data center because of inability to access renewables.” But drawing so much from existing resources ― mostly gas, but also nuclear ― without building sufficient new power leaves less for every other energy consumer.
Policymakers on both sides of the aisle have their work cut out for them to avoid a crisis born of a failure to build any energy resource adequately: They must execute a thorough grid overhaul while also punching through the specific supply chain bottlenecks that prevent energy generation from being built quickly. Regardless of energy demand projections, these are goals worth pursuing. They advance grid reliability, energy affordability, and decarbonization, as well as accommodate any necessary energy supply growth.
Still, it’s worth questioning the prevailing narratives around load growth. It’s not clear how much energy data centers in particular will actually require. Not only have innovations like DeepSeek challenged market assumptions about tech companies’ investment requirements, but recent research also suggests that load growth projections could fall significantly if data centers’ energy demand were more flexible. Not to mention that data center developers often make duplicate interconnection requests with different utilities to maximize their chance of securing a power agreement.
Our energy grid will need a lot less hot air if data center demand goes up in smoke ― and that would be a relief for American consumers and the climate alike. But courting a gas turbine crisis should itself give policymakers pause. The fact that our energy system is at a point where neither turbines nor transformers nor transmission is available in sufficient capacity to meet any policymaker’s vision of energy abundance suggests that our leaders must reorient the government’s relationship to industry. During periods of economic uncertainty, capital discipline might appear rational, even profitable. But the power sector’s profits are, through rising energy bills and more frequent climate disasters, revealed to be everyone else’s costs. Between clean energy and fossil fuels — between what Americans need and what private industry can provide — the energy transition is shaping up to be, quite literally, a power struggle.
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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.”