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The administration has begun shuffling projects forward as court challenges against the freeze heat up.

The Trump administration really wants you to think it’s thawing the freeze on renewable energy projects. Whether this is a genuine face turn or a play to curry favor with the courts and Congress, however, is less clear.
In the face of pressures such as surging energy demand from artificial intelligence and lobbying from prominent figures on the right, including the wife of Trump’s deputy chief of staff, the Bureau of Land Management has unlocked environmental permitting processes in recent weeks for a substantial number of renewable energy projects. Public documents, media reports, and official agency correspondence with stakeholders on the ground all show projects that had ground to a halt now lurching forward.
What has gone relatively unnoticed in all this is that the Trump administration has used this momentum to argue against a lawsuit filed by renewable energy groups challenging Trump’s permitting freeze. In January, for instance, Heatmap was first to report that the administration had lifted its ban on eagle take permits for wind projects. As we predicted at the time, after easing that restriction, Trump’s Justice Department has argued that the judge in the permitting freeze case should reject calls for an injunction. “Arguments against the so-called Eagle Permit Ban are perhaps the easiest to reject. [The Fish and Wildlife Service] has lifted the temporary pause on the issuance of Eagle take permits,” DOJ lawyers argued in a legal brief in February.
On February 26, E&E News first reported on Interior’s permitting freeze melting, citing three unnamed career agency officials who said that “at least 20 commercial-scale” solar projects would advance forward. Those projects include each of the seven segments of the Esmeralda mega-project that Heatmap was first to report was killed last fall. E&E News also reported that Jove Solar in Arizona, the Redonda and Bajada solar projects in California and three Nevada solar projects – Boulder Solar III, Dry Lake East and Libra Solar – will proceed in some fashion. Libra Solar received its final environmental approval in December but hasn’t gotten its formal right-of-way for construction.
Since then, Heatmap has learned of four other projects on the list, all in Nevada: Mosey Energy Center, Kawich Energy Center, Purple Sage Energy Center and Rock Valley Energy Center.
Things also seem to be moving on the transmission front in ways that will benefit solar. BLM posted the final environmental impact statement for upgrades to NextEra’s GridLance West transmission project in Nevada, which is expected to connect to solar facilities. And NV Energy’s Greenlink North transmission line is now scheduled to receive a final federal decision in June.
On wind, the administration silently advanced the Lucky Star transmission line in Wyoming, which we’ve covered as a bellwether for the state of the permitting process. We were first to report that BLM sent local officials in Wyoming a draft environmental review document a year ago signaling that the transmission line would be approved — then the whole thing inexplicably ground to a halt. Now things are moving forward again. In early February, BLM posted the final environmental review for Lucky Star online without any public notice or press release.
There are certainly reasons why Trump would allow renewables development to move forward at this juncture.
The president is under incredible pressure to get as much energy as possible onto the electric grid to power AI data centers without causing undue harm to consumers’ pocketbooks. According to the Wall Street Journal, the oil industry is urging him to move renewables permitting forward so Democrats come back to the table on a permitting deal.
Then there’s the MAGAverse’s sudden love affair with solar energy. Katie Miller, wife of White House deputy chief of staff Stephen Miller, has suddenly become a pro-solar advocate at the same time as a PR campaign funded by members of American Clean Power claims to be doing paid media partnerships with her. (Miller has denied being paid by ACP or the campaign.) Former Trump senior adviser Kellyanne Conway is now touting polls about solar’s popularity for “energy security” reasons, and Trump pollster Tony Fabrizio just dropped a First Solar-funded survey showing that roughly half of Trump voters support solar farms.
This timing is also conspicuously coincidental. One day before the E&E News story, the Justice Department was granted an extension until March 16 to file updated rebuttals in the freeze case before any oral arguments or rulings on injunctions. In other court filings submitted by the Justice Department, BLM career staff acknowledge they’ve met with people behind multiple solar projects referenced in the lawsuit since it was filed. It wouldn’t be surprising if a big set of solar projects got their permitting process unlocked right around that March 16 deadline.
Kevin Emmerich, co-founder of Western environmental group Basin & Range Watch, told me it’s important to recognize that not all of these projects are getting final approvals; some of this stuff is more piecemeal or procedural. As an advocate who wants more responsible stewardship of public lands and is opposed to lots of this, Emmerich is actually quite troubled by the way Trump is going back on the pause. That is especially true after the Supreme Court’s 2025 ruling in the Seven Counties case, which limited the scope of environmental reviews, not to mention Trump-era changes in regulation and agency leadership.
“They put a lot of scrutiny on these projects, and for a while there we didn’t think they were going to move, period,” Emmerich told me. “We’re actually a little bit bummed out about this because some of these we identified as having really big environmental impacts. We’re seeing this as a perfect storm for those of us worried about public land being taken over by energy because the weakening of NEPA is going to be good for a lot of these people, a lot of these developers.”
BLM would not tell me why this thaw is happening now. When reached for comment, the agency replied with an unsigned statement that the Interior Department “is actively reviewing permitting for large-scale onshore solar projects” through a “comprehensive” process with “consistent standards” – an allusion to the web of review criteria renewable energy developers called a de facto freeze on permits. “This comprehensive review process ensures that projects — whether on federal, state, or private lands — receive appropriate oversight whenever federal resources, permits, or consultations are involved.”
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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.