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Q&A

Trump and the Keystonization of Renewable Energy

A conversation with Devin Hartman of R Street

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Devin Hartman.
Heatmap Illustration/Courtesy Devin Hartman

Today’s special Q&A is with an old source of mine, Devin Hartman, energy and environment policy director for the conservative D.C. think tank R Street.

When I used to cover Congress, Devin was one of the few climate-minded conservatives willing to offer a candid, principled take on what could happen in that always deliberative body. I decided for our year-end edition to ask him a lot of questions, including an important one: will Trump make it easier or more difficult to permit solar and wind projects?

His answer – that it is very much possible – led us once again down the rabbit hole of conspiracy-powered politics.

The following interview has been lightly edited for clarity.

Let’s start with the U.S. climate elephant in the room – what do you think will happen to the Inflation Reduction Act next Congress?

I have not talked to any Republican staff, members of Congress, or strategists that think full IRA repeal is on the table. Just nip that conversation in the bud right now. That said, they will need to find where to cut some tax credits to pay for the tax extensions. There will be strong pressure to modify those subsidies. So I think subsidy reform is very much on the table but full IRA repeal is not. More specifically, Republicans will be eyeing the electric vehicle tax credit and the PTC and ITC that primarily focus on wind and solar.

Most of the expenditures under IRA are subsidies for mature technologies. I think what you’re going to see is something that is a phase down if not a staggered phase out as on the table for mature technologies, especially wind, solar and EVs.

The thing that’s missing in this narrative so much is that in hindsight the Inflation Reduction Act is not nearly as much of a climate savior as its proponents claim. Folks realized we need all this permitting, all this regulatory reform so we can actually build this stuff and a lot of what we were recognizing is that before the IRA passed, the private sector was going to fund a massive amount of new infrastructure, especially mature technologies. But you couldn’t get the stuff built. So the policy discussion a few years ago really should’ve focused on regulatory and permitting reform… and it prioritized subsidies mostly instead.

Okay. Moving on, folks in Trump’s orbit proffer in conspiracies and misinformation, disinformation about renewable energy – are you at all concerned about the next Trump administration turning against individual solar and wind projects in the permitting process based on those views?

Oh yeah. We’ve seen this getting done under the past several administrations — more polarization. A lot of stakeholders have called this the Keystonization of energy permitting. That’s really concerning.

I always think of presidents or any elected official as more followers to their political milieu than leaders in their own right. We started to see this with President Obama where some of his advisors and his team said, why does something like the Keystone XL matter that much? It doesn’t make or break that much… but you saw a lot of this technology and project tribalism really kicking in with different groups and that clearly influenced political decision-making. It started removing the permitting process from an objective criteria-based approach. It’s really concerning to see this trend move forward. And subsequently on both sides of the aisle you’ve seen this temptation, mostly with presidential administrations given their authorities, these [Council of Environmental Quality] processes or other things that might put their thumb on the scale in favor of some resources over others.

I would note the NEPA reforms that Trump got done on his watch. Those NEPA reforms were cheerleaded by the wind and solar industries. That’s when you started to see the environmental groups really oppose those NEPA reforms but the clean energy groups really wanted them.

That may be true, but activists fighting projects tell me they’re really excited for Trump. These activists believe this – as you put it – Keystonization is going to help them and we're going to see the Trump administration become a more difficult environment to get solar and wind permits on a case-by-case basis. Do you see that happening?

I would be worried if we started to see indications of that. It’s always possible.

Senator Jim Risch recently said he expects the Trump administration to issue a project-by-project executive order. Do you imagine anything in that world is possible?

It’s possible.

Where we’ve seen more of the red-blue divide is at the state level. That’s our biggest concern… oof. That’s been trending in the wrong direction really severely in recent years. That might be the single biggest long-term hindrance to energy infrastructure development and by extension decarbonization. That issue set is really tough. And that unfortunately you’ve seen some of the fault lines–

–Sorry to interrupt. Do you mean the blue states trying to overrule local control versus the red states letting localities have the final say, like Ohio?

Yeah. And some of that can be philosophical, irrespective of the technology. Some of it is home rule versus state government. That is a factor in it.

But going back to some of the misinformation and disinformation stuff… that’s been concerning.

When we’ve surveyed a lot of these developers and asked what is motivating some of this right now? So much of it is Facebook campaigns that were promoting false perspectives on the consequences of infrastructure development. Things like the flicker effect from living near wind turbines causing health effects. A lot of stuff on electro-magnetic fields. There was just a lot of bad information out there. That has generated in some cases opposition from communities that is misguided and unfortunate.

One of our big recommendations with this is we learned a lot from the Telecommunications Act in the ‘90s. Whether Congress pursues something similar for energy infrastructure, I don’t know. But maybe at the state level at least we should have this conversation where you need to actually demonstrate harm if you actually have legitimate concerns about health effects. [It’s] that standing and criteria-based determination approach to this, rather than this sentiment based approach that could be based on utter nonsense.

Is there a federal solution to this problem?

In permitting, we’ve had this conversation for a while now about community engagement – which progressives call for – and judicial review, which is something conservatives have been calling for. I think there’s actually some reinforcing and mutually beneficial reforms that can be done in tandem. Things like narrow standing to individuals and entities actually affected by the infrastructure, and that standing has to be tied to demonstrate harm under these statutes – that’s a piece that can be there.

But the other thing you do is come in with good information. You have standardized packets of information to help communities and siting bodies make more informed decisions. Alright, there can be the potential economic development benefits to your community. Oh also, we’re going to be honest about any kind of drawbacks – legitimate local health and ecosystem effects. You create a system that naturally filters out a bunch of nonsense and also drives in good information. Those concepts can be reinforced.

Yellow

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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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