The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Spotlight

Trump’s Renewables Permitting Thaw Is Also a Legal Strategy

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

Solar panels and Donald Trump.
Heatmap Illustration/Getty Images

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.”

Yellow

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

Keep reading...Show less
Yellow
Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

And more of the week’s top news around development fights.

The United States.
Heatmap Illustration/Getty Images

1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

Keep reading...Show less
Yellow
Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

Keep reading...Show less
Yellow