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Policy Watch

What Trump’s NEPA Wrecking Ball Means for Renewables

And more of the week’s top policy news.

Environmental review, mapped.
Heatmap Illustration/Getty Images

1. New NEPA world – The Trump White House overnight effectively rescinded all implementing rules for the National Environmental Policy Act, a key statute long relied on by regulators for permitting large energy and infrastructure projects.

  • What does this mean for renewables developers? Earthjustice attorney Kristen Boyles told me today that even though fewer regulations sounds nice, Trump’s implementation strategy is unlikely to ease minds on renewables permits.
  • A big reason is confusion. Litigation that anti-renewables advocates filed against Biden’s permits will be considered under the previous NEPA regulations, while Boyles expects regulators to use a new attempt at NEPA implementation in an uneven way that privileges fossil fuels projects.
  • An example is “cumulative impacts,” a term historically used by agencies to look at comprehensive environmental impacts under NEPA. Previous challenges to the cumulative impacts of renewables projects will continue; meanwhile, the new Trump memo scrapped the definition of the term and dissuaded agencies from using it. What Boyles told me is this will simply put more discretion at the hands of political officials in permitting agencies.
  • “When you get rid of the definition, you’re going to still have a fight,” she said. “You now no longer have that common basis of understanding of what is a definition.”
  • When I first asked Boyles to tell me what comes next, she started hysterically laughing: “I’m not laughing because it’s a bad question. I think it’s a question that everybody’s asking.”
  • Heatmap’s Katie Brigham has a deeper dive on the Trump rule withdrawal here.

2. Our hydrogen hero – Senate Environment and Public Works Chair Shelley Moore Capito this week came out against any freeze for a hydrogen hub with projects in her state, indicating that any clampdown on H2 projects from the federal level may get Republican pushback.

  • Capito took to TV this week and told West Virginians the ARCH2 Appalachian hub has received money it needs to keep going but that the future of that financing is uncertain.
  • “I think there is some concern about going forward,” she told local affiliate WTRF. “I’m going to be in there fighting for this money to make sure the hydrogen hub is not just successful but can go forward, and I do have great confidence that that’s what the end result is going to be.”
  • We previously told you the ARCH2 hub and other hubs backed by the Biden administration were experiencing financial and logistical hurdles. Can’t imagine any of this Trump uncertainty is helpful either, but I bet having the top Republican on the Senate’s environmental committee in your corner certainly is.
We’re also closely monitoring the situation at EPA, where new Administrator Lee Zeldin has started to target grant recipients and post some salacious allegations on X

.

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Q&A

How California Is Fighting the Battery Backlash

A conversation with Dustin Mulvaney of San Jose State University

Dustin Mulvaney.
Heatmap Illustration

This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.

Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?

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Hotspots

A Tough Week for Wind Power and Batteries — But a Good One for Solar

The week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Nantucket, Massachusetts – A federal court for the first time has granted the Trump administration legal permission to rescind permits given to renewable energy projects.

  • This week District Judge Tanya Chutkan – an Obama appointee – ruled that Trump’s Bureau of Ocean Energy Management has the legal latitude to request the withdrawal of permits previously issued to offshore wind projects. Chutkan found that any “regulatory uncertainty” from rescinding a permit would be an “insubstantial” hardship and not enough to stop the court from approving the government’s desires to reconsider issuing it.
  • The ruling was in a case that the Massachusetts town of Nantucket brought against the SouthCoast offshore wind project; SouthCoast developer Ocean Winds said in statements to media after the decision that it harbors “serious concerns” about the ruling but is staying committed to the project through this new layer of review.
  • But it’s important to understand this will have profound implications for other projects up and down the coastline, because the court challenges against other offshore wind projects bear a resemblance to the SouthCoast litigation. This means that project opponents could reach deals with the federal government to “voluntarily remand” permits, technically sending those documents back to the federal government for reconsideration – only for the approvals to get lost in bureaucratic limbo.
  • What I’m watching for: do opponents of land-based solar and wind projects look at this ruling and decide to go after those facilities next?

2. Harvey County, Kansas – The sleeper election result of 2025 happened in the town of Halstead, Kansas, where voters backed a moratorium on battery storage.

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Spotlight

This Virginia Election Was a Warning for Data Centers

John McAuliff ran his campaign almost entirely on data centers — and won.

John McAuliff.
Heatmap Illustration/Getty Images, Library of Congress, John4VA.com

A former Biden White House climate adviser just won a successful political campaign based on opposing data centers, laying out a blueprint for future candidates to ride frustrations over the projects into seats of power.

On Tuesday John McAuliff, a progressive Democrat, ousted Delegate Geary Higgins, a Republican representing the slightly rural 30th District of Virginia in Loudoun and Fauquier Counties. The district is a mix of rural agricultural communities and suburbs outside of the D.C. metro area – and has been represented by Republicans in the state House of Delegates going back decades. McAuliff reversed that trend, winning a close election with a campaign almost entirely focused on data centers and “protecting” farmland from industrial development.

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