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A conversation with Frank Wolak of the Fuel Cell and Hydrogen Energy Association.

We’re joined today by Frank Wolak, CEO of perhaps the most crucial D.C. trade group for all things hydrogen: the Fuel Cell and Hydrogen Energy Association. The morning after Election Day we chatted about whether Trump 2.0 will be as receptive as members of Congress have been to hydrogen and the IRA’s tax credit for producing the fuel. Let’s look inside his crystal ball, shall we?
Simply put, will president-elect Donald Trump keep the IRA’s 45V tax credit in place?
So a couple things there. First, the production tax credit still has to be finalized and what they do about the tax credits, if anything, is a function of whether the Biden administration issues final guidance.
If they issue final guidance, then what that guidance says will determine what kind of reaction the Trump administration may have, whether to adjust it or tweak it.
The second thing: I think the tax credits fit into a question of the IRA broadly and hydrogen specifically. The Trump administration is going to be looking at the entirety of the IRA. There’s the question of what pushback hydrogen has in this administration and if it’s viewed as valuable or important or secondary, tertiary to other things. And I think we’ve yet to see that in the form of any platform.
So Trump’s view on hydrogen is a mystery then – how will that uncertainty impact hydrogen projects in development today?
The uncertainty that has been experienced by this industry predates the election outcome. The long wait for guidance has definitely slowed down the amount of investment. They’ve put many things on hold. This is not a secret.
What I’ll say is, the ability to regroup and fulfill the expectations that this industry had two or three years ago is hugely dependent on the outcome of the tax credit.
What do you think we’ll see companies do in this information vacuum? Will we see them double down on supporting the credit or potentially get out of hydrogen since it’s an emerging, nascent technology?
The doubling down on the tax credit depends on what the guidance looks like.
If the guidance looks flexible, the question is: how do you take that flexibility and make sure the Trump administration continues it and sees it as valuable or vital?
If the tax credit becomes rigid and stays rigid in the Biden administration, you’ll have a two step process – to unwind the rigidity and then also encourage the Trump administration to see the merits. If the guidance stays as stated, the work is harder.
The degree to which industry continues to make investments and says, “hey, we’re all in,” is a function of how these tax credits emerged. Are they going to really keep fighting and to keep the momentum going, or are the [credits] so limited that companies go, “look this is going to be very very hard to overcome in the U.S. so we’re going to take our investment elsewhere.”
You think we might see companies dip out of the hydrogen space over the credit’s outcome?
Mature long term players who are multinationals … are remaining extremely positive. They may adjust the sequence of their investments but they’re in this because they’re in hydrogen and want to be in this market as much as possible.
But those who saw this as an opportunity to come in and take advantage of tax credits are having those reactions of, “Should I invest? Do I look [at it] positively?” And that’s probably natural.
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Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.
Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.
As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.
Last week, the renewables trades filed a motion to immediately end this de facto national freeze. Attached to this motion: a murderer’s row of on-the-record statements from senior executives for large U.S. energy developers seeking to build their wind projects. I’ve honestly never seen anything like it – declarations railing against the Pentagon from top personnel for Pattern Energy, Apex Clean Energy, EDP Renewables, Triple Oak Power, Bordas Renewable Energy, Nova Clean Energy and Palmer Capital.
The declarations describe each company’s individual experiences struggling to get these routine height clearances. Adam Clark of Pattern Energy said the Pentagon’s inaction has “jeopardized committed capital, threatened project viability” and “delayed or blocked local and state permitting.” Thomas LoTuro at EDP Renewables said the military’s behavior “effectively halted” a “substantial portion of [EDP] North America’s project portfolio,” stalling some proposals for so long that it risks violating existing local road agreements for construction.
Some of these executives – such as those for Invenergy, Bordas, and Triple Oak – only describe themselves as representatives of the subsidiaries or LLCs developing individual wind projects affected by the freeze. Those filings do not make any reference by name to their parent companies. But quick background checks revealed each of these individuals holds broader development or management roles at the parent companies and I understand from conversations with individuals involved in this litigation that their statements were a significant step not taken likely.
“You are very observant,” one senior renewable energy industry insider told me when I asked about the executives’ statements.
This insider – who has firsthand knowledge about the litigation – told me the companies going on the record are largely doing so because of the extent they’re at risk. Often the height clearance for turbines is one of the final procedural steps before starting construction, and the incoming sunset of tax credits under the Inflation Reduction Act has made construction start dates key to projects’ budgets. Wind development has been drastically undermined by Trump’s permitting freezes. American Clean Power has said turbine orders halved in the first half of 2025, reaching their lowest levels since the COVID-19 pandemic lockdowns.
There’s also the sheer magnitude of the freeze. Before the Pentagon ruined the lives of wind developers, the Trump renewable permitting freeze was an obstacle companies could design around by avoiding wetlands, species habitat, and federal lands. It should’ve been a relief, for example, that the Trump administration dropped its legal defense of the president’s Day 1 executive order going after wind permitting. But the military’s hold on approvals had nothing to do with that and its scope reaches further than just the federal government, as height clearances are often needed for state, county, and municipal permits too.
Ultimately the Pentagon wind freeze represents an existential threat to renewable energy developers’ businesses and reputations in the investment community. Sean Stocker, head of development for Apex Clean Energy, stated in a declaration submitted in the Pentagon wind litigation that more than $133 million in project costs incurred were at risk of being lost, including over projects that had already been determined “do not pose an unacceptable risk to national security.” This has resulted in “impacts and losses” that are “not fully recoverable” even if the companies win in the litigation because of the damage to wind energy’s reputation.
“If Apex is forced to cancel projects as a result of DoD inaction, the resulting economic, reputational, and business losses could irreparably harm the company,” Stocker stated.
Since the start of Trump 2.0, wind energy developers have been skittish to publicly challenge the president in any way for fear of retribution. Trump could hypothetically make wind energy life hell in fresh new ways. Like for example, targeting energy companies critical of the administration in an ongoing crackdown on bird deaths at operational wind farms. A reasonable fear! “Companies are still risk averse and they’re afraid. The knock-on business impacts could hypothetically be worse than the loss on the wind project itself,” said the industry insider, who requested anonymity because they did not have permission to speak on the record about the litigation.
Based on the statements submitted in court, it appears energy companies are now emboldened after winning myriad legal battles against the administration via trade group campaigns and lawsuits filed by supportive Democratic attorneys general. Time will tell whether putting all their chips onto the table will work out in the end.
A representative for the groups involved in the litigation did not respond to a request for comment.
And more of the week’s top fights around development.
1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.
2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.
3. Goodhue County, Minnesota – The mayor of a small city at the center of a significant data center conflict abruptly resigned, indicating further municipal dominoes will fall because of the AI data center backlash.
4. Reno County, Kansas – We close this week’s Hotspots with a county rejecting a data center moratorium.
A conversation with Mark Muro, senior fellow at the Brookings Institute’s metro policy program
Today’s conversation is with Mark Muro, senior fellow at the Brookings Institute’s metro policy program. Too often I’m asked, what’s the version of a data center boom that people like? I reached out to Muro because he recently coauthored research into the ways communities and data centers can potentially work together to build more mutually beneficial and popular industry growth. The conversation wound up perfect for The Fight, so I had to include it in full.
The following Q&A was lightly edited for clarity.
What do you identify as the primary driver of the backlash we’re seeing to data center development in the United States?
They are potentially disruptive, large scale developments and also take on a talismanic quality where they stand for something. Both dimensions have really agitated people. On the one hand, often in rural communities there’s a lot of concern about energy use, price impacts, noise in some cases and so on, and for many communities these are a quality of life issue. For others, AI stands in for anxiety about jobs not coming. At a time when people are worried about jobs being displaced by AI, data centers are a convenient Other. They agitate and are focal points for a lot of concerns.
The data is pretty clear: a data center brings to a community an initial surge of construction jobs and then a quite modest level of operational jobs. A community might gain in the near-term several thousand jobs but then the long-term employment is welcome but not as large as had been advertised. Some of them can be decent jobs and we should acknowledge that.
What about tax revenue?
It can be significant but the deals are often worked out quietly. It’s hard to get a systematic take on that. A lot of that also depends on the skillfulness and aggressiveness of local public officials because all of it needs to be worked out in a deal. There are certainly tax benefits in some cases, but those are harder to pin down and seem to range.
Okay, so what is the pathway towards these projects being a more meaningful and positive long-term community investment?
That’s the right question because a data center isn’t inherently a negative for a place.
We think the need is first for communities to use the data center in its own aspirational plans. Places need to know what they want. They should be focusing on high-quality jobs, long-term employment, and in some cases even innovation gains for their local economies. Too rarely have communities taken an aspirational view.The deals are worked out on the fly, without a gameplan for the region.
Communities need to ask for more, require more, and come into these deals with their own priorities.
In some cases there have been communities that for a long period of time built up a number of data centers and felt like they gained benefits. Areas near the Columbia River in the Northwest seem to have worked with Microsoft and other companies to facilitate data center construction while also gaining quality employment and funding for schools. It is possible.
In our report we detail a number of places that have begun to put together these kinds of deals that are beneficial, often in places with a university nearby where there’s interplay on the technology front. I think in those cases, we may be beginning to see a rethinking of how these projects should go down and benefit.
Also, this year the backlash has become such a hurdle for the companies that they’re beginning to rethink how they operate. I think the jig is up for the bad old days and we’re going to see more thoughtful arrangements made in the next few years because everybody agrees, what’s been going down the past few years hasn’t been beneficial for any of the actors.
Do you see industry players picking up on a need to be more mindful of what a community needs? I’m thinking about Meta’s recent announcements around workforce training, for example.
Yes. Both for reasons of seeing what’s needed but also the need to make some concessions to really be a better neighbor. It’s forcing some really beneficial outcomes.
Workforce is one of the key aspects of how Microsoft has been far-sighted in Wisconsin, working with the state university and a community college and so on. I think hyperscalers are beginning to move in a more promising direction.
Do you think we’re still going to be having this same conversation a year from now? Things are moving so fast.
Regions are really up in arms about this. It’s become clear that in many cases they’re going to block development. So to the extent hyperscalers want to continue to build, they’re going to have to pursue a more community friendly way to do that.
I think the conversation is going to change. It’ll have to change if the industry wants to continue building capacity.