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Policy Watch

What I’m Watching in Washington

A rundown of key policy moves from the past week.

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capitol hill.
Heatmap Illustration/Wiki Commons

China, China, China – Republicans in Congress are trying to pressure the U.S. into an even more hawkish stance against Chinese battery supply chains ahead of the November election.

  • The top Republican on the Senate Foreign Relations Committee, Senator Marco Rubio, wrote the Defense Department last week requesting the Defense Department blacklist the world’s largest battery manufacturer CATL, a Chinese company.
  • The House of Representatives is also scheduled to vote next week on a bill requiring the Homeland Security Department to blacklist CATL and other Chinese-owned battery manufacturers.
  • I’ve written a lot of stories about how many Republicans are trying to get the U.S. to entirely decouple its commercial enterprises from Chinese companies – a wholly different objective than building up U.S. industries so the nation can compete with and wean off China. (Like what the IRA did.)
  • No matter the national security justifications, forcibly decoupling from China would take essential supplies off the table for an energy transition.
  • What I’m watching for is if the Republican pressure influences how Kamala Harris approaches this topic, and whether she’ll differ from the Biden administration’s approach to China and batteries.

BLM’s solar plan – The Bureau of Land Management last week released its long-awaited programmatic environmental impact statement for solar development across the Southwest, opening 31 million acres to potential projects across almost a dozen states.

  • The Biden administration says its steering development away from “wildlife and land conflicts,” but it already faces pushback from conservation activists. One of the most likely plaintiffs against the plan – the Center for Biological Diversity – released a statement critical of the document that noted it would impact a sizable amount of desert tortoise habitat.

Trump’s energy whisperer – The Trump campaign told Reuters last week the former president would ax the EPA’s climate-minded power plant rules if elected… but that’s not what caught my eye.

  • No, what’s most notable is that the campaign official who made this news was former Trump administration Interior Secretary David Bernhardt, who is now a key figure at the MAGA-aligned America First Policy Institute.
  • I’ve covered Bernhardt for years and interviewed him last year upon the release of his book, “You Report to Me.” It’s my belief he is angling for an even more influential role in a future Trump administration that would leverage his expertise in the administrative state to make Trump far more successful at undoing energy and climate rules. (OMB?)

Other policy moves worth watching…

Nevada’s new plan — Joe Lombardo, the Republican governor of Nevada, released a new statewide climate plan after the one put forward by his Democratic predecessor vanished. It’s getting panned.

‘Greenwashing’ push — The Agriculture Department launched an initiative aimed at combating misleading climate claims in the meat and poultry industries.

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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

And more of the week’s top news around project fights.

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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