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On drinking water, a ‘rogue’ discovery, and Northwest data centers

Current conditions: Today marks the start of the Eastern Pacific Hurricane Season, and meteorologists are monitoring two potential areas of tropical development • Millions in the Great Plains and Eastern U.S. face risks of thunderstorms, large hail, and tornadoes • Steady rain continues Thursday in the eastern Democratic Republic of Congo, where at least 100 people have died in flash floods.
1. Trump administration backtracks on promise to protect drinking water from forever chemicals
The Environmental Protection Agency announced Wednesday that it plans to rescind four Biden-era limitations on pollutants in drinking water. Per- and Polyfluoroalkyl Substances, also called PFAS or “forever chemicals,” are linked to many serious health issues, including certain cancers; as I’ve covered, they are common in products advertised as stain-proof, nonstick, and water repellent. The EPA’s decision follows Administrator Lee Zeldin’s claim less than two weeks ago that “I have long been concerned about PFAS” and “we are tackling PFAS from all of EPA’s program offices,” E&E News reports.
In the Wednesday announcement, Zeldin backpedaled from his initial call for action, claiming the agency is looking into “common-sense flexibility in the form of additional time for compliance.” He also pushed back on claims that the agency is weakening PFAS standards, per The Washington Post, saying the EPA is looking into revising the limits and that “the number might end up going lower, not higher.” Water utilities, which have balked against the high cost and difficulty of filtering PFAS out of an estimated 158 million Americans’ drinking water, praised the EPA’s delay as “the right thing.”
2. Security experts discovered ‘unexplained’ pieces of communication equipment in Chinese-made solar power inverters
U.S. energy officials have discovered “unexplained communication equipment” in some Chinese-made solar inverters, Reuters reports. Inverters help connect solar panel systems to the electric grid and allow utilities to conduct remote updates and maintenance; because China makes most inverters, power companies typically use firewalls to prevent foreign communication with the devices.
Security experts reportedly found the rogue devices during inspections. Though the sources who spoke with Reuters did not share the manufacturers of the inverters, similar communication devices were reportedly also found in some batteries from “multiple Chinese suppliers” over the past nine months. A spokesperson at the Chinese embassy in Washington pushed back on Reuters’ report, saying, “We oppose the generalization of the concept of national security, distorting and smearing China's infrastructure achievements.”
3. Northwest data centers could ‘cannibalize’ clean power in states with lower environmental protections: report

The Northwest has one of the country’s highest concentrations of data centers due to the region’s tax breaks — including low or no property taxes for many in Oregon and sales and use exemptions on equipment purchases and installations in Washington — as well as its below-average renewable power prices. But utilities “working across state lines could shift renewable resources to serve Northwest data centers, making up the difference by burning more coal and gas in places that lack strong environmental protections,” Emily Moore, the director of climate and energy at the sustainability think tank Sightline, writes in a new report.
One such example is what’s being done by Avista, an electricity service in eastern Washington and western Idaho. To meet the needs of a new 200 megawatt data center in Washington, as well as to comply with the state’s Clean Energy Transformation Act, “the company indicated it would add 95 megawatts of gas capacity in Idaho and then shift wind resources that would have served Idaho customers to Washington,” Moore writes. In essence, Washington is “cannibalizing” clean power currently serving Idahoans, and Avista is polluting “more in Idaho to make up the difference.” The report goes on to propose policy paths for Northwest leaders, including accelerating the buildout of the region’s congested electric transmission system, since “a right-sized modern grid could let data centers tap wind from Montana or sun from California instead of encouraging them to locate in states with no commitment to clean power.” You can read Sightline’s full report here.
4. BP chief economist warns China is winning the ‘new energy’ race
Michael Cohen, BP’s chief U.S. economist and head of oil and refining, warned this week that China is winning the “new energy” race with its clean technology supply chains and electric vehicles, Fortune reports. At the Enverus Evolve oil and gas conference in Houston, Cohen said the U.S. is at risk of failing “Econ 101” if it slow-walks on renewables due to resistance from the Trump administration, supply chain issues, and interest rates. He projected that global oil demand will peak in the next decade, with renewables rising from 15% to 30% of the global energy market between now and 2050.
A new report by Carbon Brief appears to back up Cohen’s analysis. The report says that renewable energy sources in China produced enough electricity in the first quarter of the year to “cut coal-power output even as demand surged,” with CO2 emissions down 1.6% year-on-year despite power demand growth. Carbon Brief adds that, if sustained, the findings would “herald a peak and sustained decline in China’s power-sector emissions.”
5. Trump family Bitcoin business adds personal stakes to energy policy
The Trump family is poised to have a fresh personal stake in U.S. electricity and energy policy as Eric Trump and Donald Trump, Jr. plan to take their Bitcoin mining firm public, E&E News reports. According to the announcement earlier this week, American Bitcoin — co-founded by Eric Trump — will merge with Gryphon Digital Mining Inc., which is already publicly traded.
Initially a subsidiary of Hut 8, an energy infrastructure partner with more than 1,000 megawatts of energy capacity, American Bitcoin boasted that with the merger, it will achieve “mining leadership” by leveraging Hut 8’s “energy advantage, rapid execution, and proven team.” Cryptocurrency mining is highly energy-intensive, accounting for an estimated 2.3% of the nation’s electricity use last year, and President Trump’s aspirations to have it “mined, minted, and made in the USA” are part of what his administration has used to justify its energy emergency. With American Bitcoin, the Trump family is also “delving deeper into the energy space where federal policies under Trump intersect directly with access to electricity and fuels,” E&E News writes, noting that Eric Trump stated at the launch of the company last April that “We’ve got the best energy policy in this country. That policy is only getting better.”

Nigerian author Abi Daré has won the inaugural Climate Fiction Prize for her novel And So I Roar. The book “follows fourteen-year-old Adunni from her life in Lagos, where she is excited to finally enroll in school, to her home village where she is summoned to face charges for events that are in fact caused by climate change.”
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Roads bring people, and people start fires.
The United States has more roads than you could possibly imagine. Eighty-three percent of the land in the Lower 48 lies within one kilometer of a road; if you’re seeking isolation, the furthest you can get away from one is likely only about 25 miles, in a far-flung corner of Yellowstone National Park.
The Trump administration wants to build even more. Earlier this week, the U.S. Department of Agriculture filed to rescind the nearly quarter-century-old Roadless Area Conservation Rule, which protects about 45 million acres of pristine national forest lands from the construction of — and dissection by — new permanent roads. The USDA’s given reason? That new roads will provide the access forest managers and fire practitioners need to better prevent wildfires in the nation’s most remote locations.
Fire ecologists immediately cried foul. Researchers have long understood that roads enable wildfire ignitions by bringing people — who are responsible for starting nearly 85% of fires — into the landscapes. Just this past January, new research found that wildfires ignited four times more often within 50 meters of a road than in an untracked, intact forest. “The notion that you can prevent fires by building roads seems to me precisely backwards when you look at what the science says,” Ben Goldfarb, the author of the road ecology book Crossings, told me.
But this past spring, Americans got a good idea of what wildfires look like when there aren’t roads around. Lightning storms in Northern Ontario ignited fires in an area so remote that officials found it “impossible to get firefighters on the ground” to fight them, per The New York Times, or even to react early with airplane water tankers. The result? More than 1.8 million acres burned in the province so far this year, with the resulting smoke causing the Midwestern U.S. and New England to experience some of its worst air pollution in decades.
“There’s a duality — roads are neither necessarily good nor bad from a fire perspective,” Eric Kennedy, an associate professor of disaster and emergency management at York University, told me. “They bring opportunities for ignition and they bring opportunities for firefighting.” Those opportunities include the aforementioned access for fire personnel, as well as serving as a fuel break so crews can gain a foothold against an approaching conflagration. In a populated area, more roads can also mean more evacuation routes when there is a disaster, preventing potentially deadly traffic jams.
Forest defenders were already suspicious of the administration’s motivations when it comes to wildfire policy. “There’s all of the Trump administration directives to increase logging on public lands, which rescinding the Roadless Rule helps to facilitate,” Goldfarb noted. Environmental groups have pointed to attempted legislation such as the Fix Our Forests Act, which removes obstacles for forest management methods, including timber harvest, as another example of how the administration is allegedly using wildfire as a cover to cut down and sell more trees.
Viewed in the context of recent changes by the administration to weaken the Endangered Species Act — namely, narrowing the definition of “harm” to a species to exclude disturbances to its habitat — rescinding the Roadless Rule can appear to follow a kind of rapacious internal logic that “wildlife doesn’t need habitat, and we can build roads wherever we want to disrupt” the forest, Goldfarb went on.
Fires igniting in remote areas is also not a new problem. Agencies adapt to the fire conditions in their areas, such as Quebec, which has an entire apparatus for fighting fires in tractless wilderness, including shuttling in fire crews via float plane. “You can fight fires via helicopter. You can also build temporary roads under the Roadless Rule,” Goldfarb said. As one Montana-based National Forest manager of 25 years recently wrote for a local newspaper, in his experience, “the Roadless Rule doesn’t pose an insurmountable barrier to good land management; it simply requires baseline analysis and thought before impacting the landscape.”
Those who are cynical about the Trump administration’s motivations also pointed me toward the grandiose scale of the Roadless Rule rescission. Fire managers frequently talk about the need for tailored, local, and precise responses to America’s wildfires, which run the gamut from grass fires to chaparral fires to forest fires in regions that both do and do not have histories of regular burning. Policymakers would more appropriately approach wildfire management fireshed by fireshed, they say, and through proposed management plans. Perhaps most notably, the Roadless Rule protects about half of the nearly 17 million acres of the Tongass National Forest, a temperate rainforest and one of the wettest locations in North America, which “does not experience wildfires like those in other places,” the Alaskan environmental conservation group SalmonState wrote in a statement with other advocates and business groups.
Most cynical, though, is the argument that the Trump administration is proposing rescinding the Roadless Rule at the same time that it has gutted the Forest Service that is supposed to maintain all those roads. The agency already struggles with an overwhelming backlog of maintenance projects, from washed-out bridges to erosion problems that impact the water quality in drought-stressed areas. If the USDA were really interested in using roads to combat wildfires, the line of thinking goes, then it would be investing more in the Forest Service, people told me, not less.
“The wildfire challenge really calls upon us to be able to hold different dimensions and different layers and seemingly contradictory ideas at the same time,” Kennedy said, again emphasizing that one can make the case that roads have benefits in certain contexts and scenarios. But while there may be a valid line of debate about when, where, and how roads can help with wildfire management, using the cudgel of a rescission, it doesn’t appear to be one the administration is interested in having.
The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”