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Q&A

How Should Regulators Grapple With Moss Landing?

A conversation with Dustin Mulvaney, professor of environmental studies at San Jose State University

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Dustin Mulvaney
Heatmap Illustration

Today’s conversation is with Dustin Mulvaney, an environmental studies professor at San Jose State University. Mulvaney is a social scientist who spent much of his time before January 2025 advocating for more considerate and humane renewable energy development. Then Moss Landing happened. Mulvaney – who was there at Moss Landing the first day – is now obsessed with the myriad safety concerns laden in large-scale utility battery storage and what plans were in place to deal with the fire. His reasoning? A failure to grapple with safety concerns could undermine public trust in battery storage and make a transition away from fossil fuels more difficult.

The following is an abridged version of our conversation, which was the interview that first prompted me to investigate the mystery of the health concerns surrounding the fire.

Why are you so concerned about what safety plan was in place before the Moss Landing battery fire?

Three o’clock was when the battery started smoking. The giant fire doesn’t happen until six o’clock and there were reporters on scene saying, the smoke’s gone. Then all of the sudden: boom. Just blows up, big time.

They didn’t evacuate the neighborhood until six. The neighborhood should’ve been evacuated at three when the smoke started.

Wait – they didn’t evacuate the neighborhood until three hours after the fire?

It depends what you mean by fire. There weren’t flames the first few hours. From the planning side, they should’ve at least been notified they would be evacuated if the fire got worse.

That’s part of the problem. You’ve got all these people looking around at this gigantic fire and that’s scary. And on the monitoring part, there should be a plan for how to monitor the fire. How come no one flew a drone into the cloud of smoke to look for whatever’s in there to just get a sense? And they were checking for hydrofluoric acid all around but they were all at ground level. It just feels like they weren’t prepared.

Why does it concern you that they were only checking for that chemical at ground level?

We had an inversion that night and when we get a little inversion off the bay, the air is really clean and clear. I got pretty close to the fire that night. I got as close as the police would let me go. And I was breathing clean air at ground level. I want to say I was a mile away.

So what do you think was most missing from a regulatory standpoint here? What should’ve been done that wasn’t done at a state level?

If you think about it, the pipeline explosion killed all those people in San Bruno before the California Public Utilities Commission said maybe we should regulate pipelines a little better, and then burned down cities with hooks that were 100 years old from power lines and [said] maybe we should do something better on power lines. To me it feels like the CPUC is the one who has been dragging their feet on all of this.

Because they’re behind on planning?

The CPUC is in charge of safety. It’s part of CPUC’s job to make sure that pipelines don’t explode and transmission lines don’t catch fire.

I agree that we need to be safer, but there’s some pretty serious urgency to build a lot more of these batteries, fast, no?

So, the analogy that I was trying to go with was that when CPUC doesn’t do its job, the Federal Energy Regulatory Commission has threatened to come in. When pipeline explosions happen and if CPUC doesn’t do its job–

So do you want a Trump administration FERC to step in?

Absolutely not, that is not what I am saying. I’m not advocating for that. No way.

It’s the question of where is everybody? The CPUC should’ve stepped in and implemented regulations immediately. Maybe we’d see something different here. Maybe someone goes in and inspects that battery facility and sees we need corrugated metal from Home Depot.

This is going to get worse. I’m sure if there’s anybody with battery storage in a building like Moss Landing they are now being asked, I’m sure their insurers are asking, where’s your thermal runaway certification for that facility?

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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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