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The Army Corps of Engineers is out to protect “the beauty of the Nation’s natural landscape.”

A new Trump administration policy is indefinitely delaying necessary water permits for solar and wind projects across the country, including those located entirely on private land.
The Army Corps of Engineers published a brief notice to its website in September stating that Adam Telle, the Assistant Secretary of the Army for Civil Works, had directed the agency to consider whether it should weigh a project’s “energy density” – as in the ratio of acres used for a project compared to its power generation capacity – when issuing permits and approvals. The notice ended on a vague note, stating that the Corps would also consider whether the projects “denigrate the aesthetics of America’s natural landscape.”
Prioritizing the amount of energy generation per acre will naturally benefit fossil fuel projects and diminish renewable energy, which requires larger amounts of land to provide the same level of power. The Department of the Interior used this same tactic earlier in the year to delay permits.
Now we know the full extent of the delays wrought by that notice thanks to a copy of the Army Corps’ formal guidance on issuing permits under the Clean Water Act or approvals related to the Rivers and Harbors Act, a 1899 law governing discharges into navigable waters. That guidance was made public for the first time in a lawsuit filed in December by renewable trade associations against Trump’s actions to delay, pause, or deny renewables permits.
The guidance submitted in court by the trade groups states that the Corps will scrutinize the potential energy generation per acre of any permit request from an energy project developer, as well as whether an “alternative energy generation source can deliver the same amount of generation” while making less of an impact on the “aquatic environment.” The Corps is now also prioritizing permit applications for projects “that would generate the most annual potential energy generation per acre over projects with low potential generation per acre.”
Lastly, the Corps will also scrutinize “whether activities related to the projects denigrate the beauty of the Nation’s natural landscape” when deciding whether to issue these permits. That last factor – aesthetics – is in fact a part of the Army Corps’ permitting regulations, but I have not seen any previous administration halt renewable energy permits because officials think solar farms and wind turbines are an eyesore.
Jennifer Neumann, a former career Justice Department attorney who oversaw the agency’s water-related casework with the Army Corps for a decade, told me she had never seen the Corps cite aesthetics in this way. The issue has “never really been litigated,” she said. “I have never seen a situation where the Corps has applied [this].”
The renewable energy industry’s amended complaint in the lawsuit, which is slowly proceeding in federal court, claims the Corps’ guidance will lead to “many costly project redesigns” and delays, “resulting in contract penalties, cost hikes, and deferred revenue.” Other projects “may never get their Corps individual permits and thus will need to be canceled altogether.”
In addition, executives for the trade associations submitted a sworn declaration laying out how they’re being harmed by the Corps guidance, as well as a host of other federal actions against the renewable energy sector. To illustrate those harms they laid out an example: French energy developer ENGIE, they said, was required to “re-engineer” its Empire Prairie wind and solar farm in Missouri because the guidance “effectively precludes” it from getting a permit from the Army Corps. This cost ENGIE millions of dollars, per the declaration, and extended the construction timeline while ultimately also making the project less efficient.
Notably, Empire Prairie is located entirely on private land. It isn’t entirely clear from the declaration why the project had to be redesigned, and there is scant publicly available information about it aside from a basic website. The area where Empire Prairie is being built, however, is tricky for development; segments of the project are located in counties – DeKalb and Andrew – that have 88 and 99 opposition risk scores, respectively, per Heatmap Pro.
Renewable energy developers require these water permits from the Army Corps when their construction zone includes more than half an acre of federally designated wetlands or bodies of water protected under the Rivers and Harbors Act. Neumann told me that developers with impacts of half an acre or less may skirt the need for a permit application if their project qualifies for what’s known as a “nationwide permit,” which only requires verification from the Corps that a company complies with the requirements.
Even the simple verification process for Corps permits has been short-circuited by other actions from the administration. Developers are currently unable to access a crucial database overseen by the Fish and Wildlife Service to determine whether their projects impacts species protected under the Endangered Species Act, which in turn effectively “prevents wind and solar developers from (among other things) obtaining Corps nationwide permits for their projects,” according to the declaration from trade group executives.
But hey, look on the bright side. At least the Trump administration is in the initial phases of trying to pare back federal wetlands protections. So there’s a chance that eliminating federal environmental protections might benefit some solar and wind companies out there. How many? It’s quite unclear given the ever-changing nature of wetlands designations and opaque data available on how many projects are being built within those areas.
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Talking with National Grid’s Matthew Satterwhite about his new report with S&P Global.
This week’s conversation is with Matthew Satterwhite, head of U.S. policy for National Grid. This week National Grid released a report in collaboration with S&P Global I found noteworthy amidst the data center backlash, asserting that building new transmission lines can potentially reduce consumer costs. I reached out asking if we could chat about how this argument leans into the fight over hyperscale infrastructure. I found our conversation illuminating and educational.
The following Q&A was lightly edited for clarity.
Why did you make this report?
It’s all focused on our customers. We’re always looking to find ways to make sure we can provide our service in the most affordable way possible, the most efficient way possible, and we always think of transmission, but it’s fallen out of favor recently. There’s so much demand with large loads, data centers, advanced manufacturing, reshoring. There’s such a need, and a lot of the debate has been focused on what we need on the generation side. We think transmission is an answer, as well.
We focused on what we have control over — since we’re in deregulated states, the only generation we’re doing is to help states reach their renewable goals. It’s a real page-turner. We really get to the core of everything.
Can we lower customer bills with transmission? This report actually showed us that’s a good investment and helps with the resource adequacy and the constraint problems we have in the Northeast. You can bring cheaper electricity in.
With respect to concerns for everyday consumers, how much do you feel like new transmission might alleviate ordinary Americans’ concerns about rising energy prices?
When you look at the demand that’s coming, the projection is that by 2035, we’ll have to add 45 gigawatts, currently. We’re on that path right now. Transmission alone isn’t going to meet that, but the question is, how do we temper that down? What do we do as National Grid to help alleviate the need for all that demand? Can we get that somewhere else rather than in the region by building generation? It's a different version of all of the above. It’s not a generation single answer or a transmission single answer. We think transmission is a big part of that.
This also allows you to bring in cleaner energy from other places. The more robust the network is, you can have energy in different places and bring that in. It replaces the need for some of the generation to be built and pays for itself by creating a cheaper return for customers adding this.
How much of the data center backlash is affecting your transmission project planning calculus? How is it changing what lines are built in the country?
We’re focused on how we can provide the cheapest service for our customers and physics. It’s science and long-term planning. We don’t have the luxury — we can’t follow, this month we’re thinking something, someone got mad, and so we’re thinking something else. We study a lot of science and physics to figure out how to build the grid.
Do you feel like the average Joe Schmoe American sees transmission as making their life less expensive and making their electricity more reliable?
I think there’s frustration and a lack of understanding about the industry overall. There’s fear of the unknown. Are data centers really driving everything that’s happening? That’s where I think, with reports like this, the benefit of it will be that people will read this and see there’s other things we can do to address the load that we need, something different than building a bunch of generation plants.
How do the question marks around whether data centers get built affect transmission planning? How much harder is the backlash making your job?
It’s a science question. Do we do a bunch of work and then nothing happens? That’s why states put their policies out. There’s multiple studies you go through with a region and with a utility. I think that’s one reason why you see states slowing down, to make sure the policy is in check so people don’t do work they don’t need to do. It’s about having the policy to make sure, if you’re studying something, you’re doing it with a purpose.
Plus more of the week’s biggest development fights.
1. Clark County, Nevada – The first data center approved on federal lands has hit a legal brick wall.
2. Jackson County, Missouri – We have yet another high-profile case of a city councilor losing their job over voting for a data center, and this one’s a doozy.
3. Utah – What’s it take for the Bureau of Land Management to approve a big transmission line for zero-emission energy generation these days? Geothermal, baby.
4. Huntsville, Alabama – You can’t even build a tiny battery storage facility in the middle of Alabama anymore.
Where temporary moratoria could happen next.
Brace yourself for more statewide data center moratoria.
So far there are only two full state-wide blocks on data center permits, in New York and Texas. At least fifteen states have moratorium legislation in the pipeline, but few if any of those bills stand a chance of becoming law in the short term. Here are five states, however, where a broad development pause may gain momentum in the next year or two — and all of them are crucial to watch this November.
If you blinked you may have missed it: New Hampshire Governor Kelly Ayotte, a Republican, said she wants to enact a statewide data center moratorium.
Ayotte first came out in support of a pause last month at a Rotary Club meeting, declaring, “It does not make any sense at all to site a data center in New Hampshire.” She also reportedly plans to include a moratorium proposal in her upcoming 2027 fiscal budget. New Hampshire’s legislative sessions occur in the first half of the year, so we won’t see action on a moratorium bill this fall. But Ayotte’s statements suggest the Granite State — which is controlled by the GOP — could pivot to a pause very soon.
New Hampshire has very few data centers. Like, almost none. Only two project fights exist in the Heatmap Pro database, both in Portsmouth, and each has been canceled amidst opposition. Ayotte’s remarks were prompted by the fight against a hyperscale project being studied in the small town of Bow at a former coal plant that closed in late 2025.
None of this should surprise anyone familiar with New England NIMBYs. A New Hampshire moratorium also makes sense given the state’s proximity to Maine, which almost had one of its own. Ayotte, who is up for re-election this year, is likely looking at the political fortunes of Governor Janet Mills and trying to avoid potholes ahead of a likely blue wave hitting her state.
This week, Arizona Attorney General Kris Mayes, a Democrat, came out in support of a statewide data center moratorium.
Mayes told Arizonans in a public statement on Monday that she wants to avoid undue strain on the electric grid and adding to the burden of water cuts led by the Trump administration. Phoenix, where opposition grows by the day, seems to be the primary reason. This shouldn’t in any way be a surprise given the backlash to these projects, which in Arizona’s case is rooted in legitimate water security concerns.
One of the first high-profile data center conflicts I ever learned about was in Arizona: Project Blue, which had to move on from the city of Tucson after officials voted it down last summer. That led Amazon to bail from the facility, though it’s still under development elsewhere on county land. Locals are deeply concerned about the water impacts.
Ordinarily an attorney general wouldn’t have any sway on legislative or executive policy, but the state is already quite receptive to restricting data center development. Governor Katie Hobbs has enacted a three-year pause on tax abatements for data centers, and in response to requests for comment on Mayes’ statement, has told media she’s working on more policies targeting the sector. Hobbs has said she will do more in the following legislative session, but it’s not clear what.
The real decisive action here is probably going to be legislation, and that will depend on the reception any moratorium finds with Republicans in the state legislature, which is typically split in this purple state. The Arizona GOP is quite pro-industry, and Mayes’ opponent in her race for re-election opposes restricting data center construction.
You really should get to know the name Cindy Holscher for the next two months.
Holscher, a state senator, won a surprise upset victory in the Democratic gubernatorial primary this year, and currently sits within a one-point margin of her Republican opponent. How’d she get the nom? By calling for a statewide data center moratorium. “It reminds me of when the automobile manufacturers had to put seatbelts into their cars,“ Holscher told MSNOW after she won the primary. “We as a people and as a state just need to make sure there are guardrails in place.”
Kansas politics are weird. The state is best known as a conservative ideological bastion that’s pro-business. Full Republican control of the Kansas government during the Obama era led to significant social services cuts most closely associated with former Governor Sam Brownback. But after that, Kansans seemed to like moderate Democratic governors, electing Laura Kelly in 2022. Kelly is now term limited out of office.
Kansas already has a colorful patchwork of local data center and renewable energy restrictions. Land use is a big deal in this agricultural behemoth. Should Holscher win in a blue wave year, she would have a mandate to enact a statewide moratorium. Still, Republicans control the legislature, and that’s unlikely to change. My major questions are, should Holscher win, would the GOP in state government listen to Holscher’s request? Or can she do this through the executive branch?
Politics nerds are obsessing over Ohio right now. There, Trump acolyte Vivek Ramaswamy is neck-and-neck in the polls for governor with a Democratic candidate who backs a “conditional” data center moratorium: Amy Acton.
What’s a conditional moratorium? It’s in the eye of the beholder, really. Technically speaking, Governor Josh Shapiro instituted a conditional moratorium in Pennsylvania, where data center projects cannot get permits unless they meet very specific standards set by the governor himself. Shapiro did it through executive action, but in this case, it’s unclear whether the moratorium will be codified through that process or through law.
Should Acton win — or if former Senator Sherrod Brown defeats sitting Senator Jon Husted in the U.S. Senate race — I anticipate major legislative action on data centers in Ohio. Republicans there have essentially permanent control of the state legislature, and they’ve historically been pro-data center. But the freakout over opposition to artificial intelligence and hyperscalers in the senate race specifically has spooked national Republicans, who think it provided the opening Brown needed to potentially win back his seat. Acton and Brown’s political fortunes appear to be wedded to one another, linked to a general angst in the American public.
Every top 5 list needs a wild card, and mine is Oklahoma.
Currently, there’s minimal risk of a data center moratorium. I might’ve had this state higher on my list had Gentner Drummond won the runoff for the GOP gubernatorial primary, given his proclivity to side with anti-renewables activists who also oppose data centers. Instead, likely future governor Mike Mazzei is running on a more moderate, Trump-friendly approach to data centers centered on maintaining industry growth while protecting ratepayers from new infrastructure costs. His opponent, Cyndi Munson, supports a one-year moratorium.
I consider Oklahoma’s odds of having a data center moratorium about equal to the chance of a statewide wind energy ban. Momentum for anti-wind legislation began in the state legislature, and I expect the same to happen with data centers. But unlike the wind industry, which has enormous power in the state, data centers are still a nascent industry. This is a place that may take about two or three years to manifest full cultural upheaval over these projects.