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The fight to preserve the Inflation Reduction Act’s tax credits begins in earnest this week.

More than 100 clean energy companies, trade associations, and other industry stakeholders are descending on Capitol Hill this week to amplify an ongoing lobbying push to preserve clean energy tax credits in the upcoming budget reconciliation bill. Groups such as Clean Energy for America, the Solar Energy Industries Association, and the Carbon Capture Coalition will be making their case alongside battery storage companies like Enphase, investors from CleanCapital, utility-scale wind and solar developers, small residential solar installers, and customers that have benefited, including school superintendents.
Their mission? Convince Republicans on the House Ways and Means committee that the clean energy tax credits in the Inflation Reduction Act are key to executing President Trump’s energy agenda.
The Ways and Means Committee oversees tax writing, meaning that it will be responsible for proposing which of Trump’s tax cuts to include in the upcoming budget reconciliation bill, how to pay for them, and which of the Inflation Reduction Act’s tax credits should stay or go. “That is where these decisions are being talked about behind closed doors,” Andrew Reagan, the president of Clean Energy for America, told me.
Although the Senate will also have a say, Reagan said that the signal in Washington right now is that whatever version of the bill the House passes is going to be pretty close to the final bill. “That’s why it’s so important for any Republican members who see the benefit of what’s happening in their communities and how their constituents are saving money on energy to be talking to their colleagues right now in Ways and Means.”
I talked to Reagan more about what the lobbying push this week will look like. Our conversation has been lightly edited for length and clarity.
First off, why is this push happening now? What’s going on this week?
Folks both in clean energy businesses and in trade associations have been meeting with Hill offices on an almost daily basis throughout this year to highlight the negative impacts that would happen if these priority energy tax credits are not preserved. What’s unique here is Congress is back in session, and we have the process moving in Ways and Means. And as Speaker Johnson and others have signaled, the House version is what they expect will be the final version of a reconciliation bill. So the time to preserve these energy tax credits is now.
Which tax credits are your priority? Is it a push for everything, or is it a push for specific policies?
We want to be a voice for both the clean energy workforce and companies in this industry. The unifying message is we need policy stability, and if we’re going to achieve the energy goals that the Trump administration has laid out, we can’t do that by repealing or curtailing many of the critical energy credits. There is a lot of importance on both 45X, clean manufacturing, and 48E and 45Y, the tech neutral [clean electricity production and investment] credits because that has such a broad effect across the entire industry, across the entire economy. They are going to be pivotal to continuing to lower energy costs and create jobs.
I don’t want to give short shrift to a lot of the others that are creating innovation. I’m not sure if you saw the Jesse Jenkins study recently, but things like 30D, the consumer EV credit — he projected that has a big impact on 45X. So I think it’s also important to educate folks that there is a real risk. Even if you keep a credit in place, if you take away too much of the underlying reinforcement in related credits, you can see these really negative effects where it might be the same as effectively killing or curtailing some of those credits.
Other than making the jobs argument and the consumer savings argument, what is your message for Republicans?
One of the really important but maybe underappreciated points is that if you take away many of these credits, you will see electricity prices across the board, both for consumers and for industry, rise. There’s a study that [the Clean Energy Buyers Association] put out that gave a state by state projection of how much energy costs would rise just by next year, just if the 48E and 45Y production and investment credits were taken out. In some cases, in some states, that’s an increase of anywhere from up to 6% or 10% on top of existing inflation. So I think when we’re talking to Republican offices and Democratic offices, the case that we’re making is, “You want to lower costs for consumers? The existing tax credits that are helping more energy be produced are pivotal to doing that.”
And then, to come back to the parts of President Trump’s energy agenda that I think we all can get behind, things like bringing back manufacturing to the United States — manufacturing uses an immense amount of energy, so rising electricity prices for commercial applications make it harder to manufacture. As well as the president’s promise to lower energy bills by half in 12 to 18 months — there’s no way to achieve that goal if you curtail or drastically cut the energy tax credit.
So I think it’s important to really link for offices, if you are a Republican who wants to see President Trump’s energy agenda succeed, all of those things are reliant upon the existing energy credits. This is not a choice of, do they need to go against the president? This is something where they can still help their consumers, advance the parts of the president’s agenda that are related to energy, and they don’t have to make that choice.
Are you pushing for blanket protection for some of these tax credits? Or are you talking through potential compromises that legislators can make while still preserving the biggest benefits?
Clean Energy for America and the companies we work with, we’ve really just focused on education and the broader picture. I’ve been astounded by how many offices didn’t even know about some of the big projects in their district that were benefiting from tax credits. So I think there’s a lot more education needed about some of the very basics at this point. There are others with much more policy expertise equipped to get into some of those conversations. But again, at Clean Energy for America, our focus has been, here are all the benefits being created in your district, in your state, and backing that up with the data and the real voices of both companies and workers.
What does the fight to save the IRA on the Hill look like? Who are the main players to convince?
The first thing I would say is, the framing of “saving the IRA” — that’s not how we, or I think anyone else, thinks about it. A lot of the credits that we’re talking about predated the IRA, and so we really try to move the conversation on to, here are the pieces of these tax credits that both existed before and are currently benefiting your district. Brian Fitzpatrick on Ways and Means, he was instrumental in 2020 on some of the [investment tax credit] provisions.
We published a story this morning about the tough budget math that’s going to make it a lot harder to preserve the IRA. How is that playing into this lobbying push?
One thing I would say is, without getting too far in the weeds, I think the debate around “current policy baseline,” for how the tax package is paid for, is going to be probably the single most important thing. Even if you repealed all of the things we’re talking about, there’s no way to advance what the president wants in a tax package out of the House without a current policy baseline framework. So I think that is probably, even more so than the math of the current credits, going to be the pivotal piece of this larger policy.
Does that mean that you support a current policy baseline?
We have not advocated specifically, publicly on that issue. I’m just speaking from a process standpoint, that I would be very surprised if there’s a way that Republicans can get something out of the House if they don’t implement that current policy baseline.
Editor’s note: This article has been updated to correct the name of Representative Brian Fitzpatrick.
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The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.