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 New NEPA world – The Trump White House overnight effectively rescinded all implementing rules for the National Environmental Policy Act, a key statute long relied on by regulators for permitting large energy and infrastructure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

People Who Hate Renewables Hate Data Centers, Too

And more thoughts on the week’s most notable fights around project development.

The United States.
Heatmap Illustration/Getty Images

1. Pinal County, Arizona – If you can’t build a solar or a wind farm somewhere, it’s really hard to get a data center built there too.

  • That’s the lesson readers should take away from the situation in Pinal County, where historically speaking at least 5 solar projects have been withdrawn over the years after facing local opposition, according to Heatmap Pro data. You should expect some data centers to potentially wind up in the same graveyard.
  • On Wednesday, the Pinal County Board of Supervisors rejected the La Osa Energy Center, a large proposed data center and gas-fired power complex. The board in this deep red rural desert community is rock-ribbed Republican. Only one supervisor on the board dissented, citing private property rights concerns.
  • The county currently has a restrictive ordinance against data center development unless they are in industrial areas, but has not yet approved a project since the ordinance was crafted, making this now a de facto no-go zone for developers. This went against the requests of the county zoning board, which recommended making the project site as industrial. If that pattern sounds familiar to you, that’s because you recognize it from the many cases we’ve seen in solar and wind development where political officials similarly override zoning staff.

2. St. Joseph County, Indiana – Thousands of miles away from Arizona, a similar division is dominating the fight over whether to enact a 2-year moratorium on data centers in the county home of South Bend.

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Q&A

What Nevada’s Democratic Candidate for Governor Would Do About Data Centers

A conversation with Nevada attorney general Aaron Ford

Aaron Ford.
Heatmap Illustration

This week’s conversation is with Nevada attorney general Aaron Ford, the Democratic candidate for governor in the state. His campaign reached out recently asking if I wanted to chat about what he’d want to do on data center and energy policy, which is essentially catnip for a reporter like me. So we hopped on the phone and chatted about his approach to regulation as he seeks to oust the sitting GOP governor Joe Lombardo.

The following conversation was lightly edited and abridged for clarity.

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Spotlight

The Top Five States to Watch for Clean Energy Policy

What’s the matter with Wisconsin?

The Texas statehouse and clean energy.
Heatmap Illustration/Getty Images

The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.

Over the last week, I’ve pored over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).

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