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Will moving fast and breaking air permits exacerbate tensions with locals?

The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”
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American offshore wind’s existential crisis was laid bare at this year’s Climate Week.
California and New York officials gathered on Tuesday at the New York Bar Association in Manhattan to tell attendees of the annual climate action mega-event about their efforts to hold the Trump administration to account. After Trump regulators upended wind projects off the East Coast and struck buyout trades with energy developers to ditch ocean wind leases, both states filed fresh legal action against the administration, targeting what they said were egregious abuses of taxpayer dollars that canceled once-promising projects that would’ve given gigawatts of power to grids expecting energy demand to spike.
“Every megawatt in offshore wind power is not a megawatt of fossil fuel generated power. That’s really important. That means fewer emissions that contribute to respiratory and cardiac disease,” Lem Srolovic, bureau chief of the New York attorney general’s environmental protection bureau, said at the event, as he and California attorney general Rob Bonta laid out the view that Trump’s actions against offshore wind were illegal.
The federal courts have concurred thus far, and it’s possible more judges will agree. But later in the event, Doreen Harris – CEO and President of the New York State Energy Research and Development Authority – said the quiet part out loud.
“Ultimately, the challenge we have in litigation is that even if successful, we deal with realities of what a commercial entity would do in response to these risks. That remains unresolved,” Harris confessed. “How do we move to an investable future for energy infrastructure if this is the way energy infrastructure has to be advanced?”
Indeed, more litigation clearly isn’t going to help the offshore wind sector’s prospects. As we’ve reported on time and again, the Trump administration has not only used every regulatory lever imaginable – and some once unimaginable – to delay wind farms, both on and offshore. But it has gone beyond the legal, now stalling onshore wind in ways industry says stretches the boundaries of court remedy. If that’s the case on solid ground, what future could possibly exist in the U.S. for an industry that must build entirely in federal waters? And even if Trump leaves office providing for a more industry-friendly president, couldn’t a future successor undo whatever they do as well?
“There may be some hesitancy to reinvest in offshore wind in the U.S. given what has happened in the Trump administration,” Kevin Beicke, vice president of project finance at Morningstar DBRS, told me in a phone interview. This week Morningstar, a leading market analysis firm, agreed with Harris’ assessment and reaffirmed a negative outlook for the entire American offshore wind industry through at least 2028 – adding the future beyond that horizon is essentially unknown.
“It’s my view these companies would need to see some kind of substantial support for their industry if they were to try and get back into it under a future administration. And public support would be needed to support a future administration providing regulatory and financial support to the U.S. offshore wind industry.”
So this begs the question: why are states bothering with litigation they probably know won’t improve the offshore wind sector’s fortunes in the near term?
Harris told me after the event that part of the litigation is to provide a signal to the business community that they shouldn’t abandon the U.S. offshore wind industry in the future.
“Very much so. It’s a move intended not only to preserve the processes and systems that are supposed to apply but also to say, ‘We are here because we are committed to the resource, and we’re committed to the companies developing it, and they can consider a state a partner to realize those outcomes.’ That’s what we want them to understand,” she told me.
Harris’ indignation didn’t surprise me, but it was especially prescient, as New York City’s annual Climate Week chaos became embroiled in a “will they or won’t they” news cycle around Trump’s freeze on wind energy permits. During the offshore wind event, news broke in Politico that President Trump told Interior Secretary Doug Burgum and Energy Secretary Chris Wright that he agreed to “green-light wind energy projects to strike [a] permitting deal” and that they’d “lift” the “blockade of renewable energy projects to get Senate Democrats moving on permitting.” The next day, at Heatmap House, Wright himself declined to speak declaratively on that report, instead signalling the issue was still a live ball. But he said a permitting deal would address concerns about “easier to build everything in America.”
Wright also suggested the administration had actively debated the de facto freeze on height clearances for wind turbines, which has essentially snagged the entire sector. “Wind has been very controversial and there have been spirited dialogues in the administration about this,” Wright told my colleague Robinson Meyer. “I do believe a successful permitting reform thing changes the playing field for anything you want to build in this country, including wind.”
When I asked Harris about the Politico report, she told me she’d rather focus on the courts. The same goes for California Energy Commission chair David Hochschild, who told me he doesn’t believe anonymous reports about a president “who also promised no new endless wars.”
“We want to make it crystal clear we’re going to fight for this and our support [for offshore wind] is going to continue,” Hochschild said. “The legal fight we’re engaged in now is necessary but not sufficient. We have a lot more work to do to build the ecosystem that’s necessary for this to come to fruition. For research and development. For permitting. For infrastructure. It’s a lot of work but we’ve done this before. All these barriers existed when we started with solar in the early days when there was skepticism.”
And more of the week’s top news around project development.
1. Ada County, Idaho – Trump’s push for more data centers on federal lands is causing a lot more ruckus and catching another solar company in the cross-fire.
2. Carbon County, Wyoming – Tell me if you’ve heard this one before: The Trump administration just delayed a large fossil-free power project after criticism from a powerful Republican senator. But this time, it’s hydropower.
3. Crawford County, Wisconsin – Fighting transmission lines in Wisconsin is bipartisan now.
4. Highland County, Ohio – If you want good news, here’s a slightly positive story in Ohio.
A conversation with Tom Matzzie of the Invest in Tomorrow Coalition
This week’s Q&A is with Tom Matzzie, chair of the Invest in Tomorrow Coalition – a pro-renewables Super PAC fighting lawmakers of both sides of the aisle who spurn the sector. The Super PAC won quite a few victories during the primary season, successfully boosting challengers to hardline conservatives in the U.S. that fought for cuts to the Inflation Reduction Act and are no longer going to serve in the Lower Chamber. Matzzie, also CEO of solar firm CleanChoice Energy, is intent the sector must go on offense to win more public bipartisan support and survive the Trump 2.0 era.
I chatted with Matzzie to hear how he’s looking at the general election season. The conversation revealed to me they want the renewables industry to be seen as politically lethal. And they’re paying close attention to the Wisconsin gubernatorial race.
The following conversation was lightly edited for clarity.
So first of all, how is your role going to change as we go into the general elections?
We’re focused on accountability for elected officials who decide they want to attack the clean energy industry, making it harder for us to exist. We have elected officials who say they want to kill projects. Our industry employs hundreds of thousands of people, and we also deploy hundreds of millions in capital, so we look at the attacks on the industry as something that needs accountability.
It’s not about people we just disagree with. It’s about the worst of the worst. And that will continue to be the focus.
We’re not announcing the new races as of yet. But if you look at what we did during the primary season we focused on members of the House Freedom Caucus who had a history of attacking the industry for their own political gain. We also supported a Republican during a primary who was being attacked by the chief NIMBY in her district.
Our M.O. will continue to focus on the House Freedom Caucus and people like them. These ideological trophy hunters on the far right are extremists.
By the end of the month, we’ll announce for sure. It’ll be a five-or-six week campaign towards Election Day.
How many candidates will be targeted?
No more than ten. I feel confident saying that.
Walk me through how you decide the message against these candidates?
The important thing is, we’re crafting a message about the industry. We’re telling a story about us. Whether we’re stronger or to be feared or to be ignored. So to that regard, the effectiveness and lethality of our political apparatus matters a lot.
While many voters care about our issues, in most elections, we’re not the top issues. There’s other things that would be more effective attacks on the incumbent or a way to build up a challenger. We go in, we do message research, we figure out the most efficacious way to move the voters we want to move, and this is the best practice in modern politics is to use data-driven approaches to targeting both voters and the message. What media they consume, how you reach them.
We’re telling a story about us, not just our issues.
As you determine what races to get into, how are you taking into account the whole “data center trojan horse” situation, like what’s happening in Wiscons–
So absolutely, we’re paying close attention to [GOP gubernatorial candidate] Tom Tiffany in Wisconsin, and his smear that every data center means 100,000 acres lost [for solar]. Which by the way, 100,000 acres of solar could probably power most of the upper Midwest. So yeah, we’re paying attention to what Tom Tiffany is saying in his race.
That’s the short way of saying it.
How is the data center backlash and the role it's playing in the midterms affecting your decision-making?
It’s not. We use a data driven approach on what to say, and you follow that approach without much concern because the data is better than rumors on the internet, for lack of a better term.
What we do know is that data centers that embrace solar and wind have received more popular support in those communities. Data centers that have community benefit agreements and more responsible purchase development have received better receptiveness.
If they’re concerned about a data center, they’re going to be even more concerned about natural gas on site. But we don’t see it showing up in the research at this point.
There’s a lot of research [showing] voters care about data centers but affordability is the primary thing showing up in the research as what voters are concerned about.