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Q&A

What’s Really Wrong With the Permitting Pipes

A conversation with Peter Bonner, senior fellow for the Federation of American Scientists

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Peter Bonner
Heatmap Illustration

This week’s Q&A is with Peter Bonner, senior fellow for the Federation of American Scientists. I reached out to Peter because this week, as I was breaking stories about chaos in renewables permitting, his organization released a report he helped author that details how technology and hiring challenges are real bottlenecks in the federal environmental review process. We talked about this report, which was the culmination of 18 months of research and involved detailed interviews with federal permitting staff.

The following interview was lightly edited for clarity.

Okay so walk me through why you did this report.

The reason for doing the report was to look at, why is permitting a bottleneck? What are some things that can improve the effectiveness and the efficiency of permitting to get permits done better and faster?

Depending on the type of permitting project and where the infrastructure is getting built, permitting could be very, very difficult, or it could go more easily. It depends on the number of stakeholders involved. It depends on the type of permitting project it is. But it also depends on each agency doing permitting somewhat differently, and leaning on different types of technology to enable them to do permitting better.

One agency may have one configuration of a permitting team and in another agency, that configuration of a permitting team may be quite different, sometimes independent of the type of permitting project they’re talking about. So there’s a need for greater consistency in how those teams are built, and also the skill and talent that goes into those teams and how they work with contractors to get the permits done.

In addition, each agency is leaning on their own types of technologies on case management and how to run the permitting project instead of there being consistency around the technologies they use as well.

What went into this report?

There were a couple pieces to it. One is a set of pretty extensive interviews with permitting program managers, hiring managers, and HR specialists who were bringing people into agencies to help with permitting functions and programs. We also did significant extensive research into the permitting process and what technologies permitting teams were using to document and guide their work in adherence to regulations. So a lot of it was primary research working directly with the agencies and the people who were on the ground doing the permitting.

How much of the backlog in permitting is Congress? Or is it just the executive branch?

Clarity in the laws and regulations that guide permitting – there’s still work there to be done. But our focus was less on laws and regulations and more around, how are permitting teams actually getting the work done? What talent do they need on those teams? What technologies can they use to support their work?

So you’re telling me a big issue might really be the government’s load bearing infrastructure, so to speak. Is it really just the back-end? The pipes?

A decent amount of it is the pipes and getting the right people in place.

The permitting workforce has been wanting for people and skillsets even before the increase in infrastructure spending over the past few years. You’re looking at a workforce that did not have enough people to do the job before this influx of projects came in.

It therefore depended on bringing in people and contracting people to do that work as well. And in the hiring process, we found significant delays in recruiting for permitting talent..

What we found was a lot of delays due to the bureaucracy around hiring that I think is well-documented in other places [in government]. Doing more, clear skills-based assessments up-front when you’re evaluating people for jobs so that highly qualified people then make it to the list that you can hire from. Making sure people get through the background check process properly. There’s lots of things that delay getting people on board faster and also reaching out and recruiting the right sorts of folks.

To what extent do you think your recommendations here on the pipes, so to speak, will have an audience with this administration? I’m particularly curious given all the headlines we’re seeing about staff reductions in the federal government.

It’s hard to project that and there’s a lot of clarity that needs still to come in terms of how this administration is viewing supporting permitting teams and the agencies to make sure that they can do their jobs better. The real answers to that are still to come.

I think there’s a lot of change going on in the permitting regulatory environment, the regulations. There’s also executive orders, legal decisions that have come down lately. We’re in a dynamic, changing situation.

My hope is that the administration would recognize that, take a look at the report we have and take a look at investing in the right people and the right technologies.

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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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