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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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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.