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Why climate might be a more powerful election issue than it seems.

Climate change either is or isn’t the biggest issue of our time. It all depends on who you ask — and, especially, how.
In March, as it has since 1939, Gallup asked Americans what they thought was the most important problem facing the country. Just 2% of respondents said “environment/pollution/climate change” — fewer than those who said “poor leadership” or “unifying the country” (although more than those who said “the media.”) Pew, meanwhile, asked Americans in January what the top priority for the president and Congress ought to be for this year, and “dealing with climate change” ranked third-to-last out of 20 issues — well behind “defending against terrorism,” “reducing availability of illegal drugs,” and “improving the way the political system works.”
The Biden administration seems to be taking the apparent message to heart, softening parts of its climate agenda while Democrats in tight elections run interference with their economy-first constituents. Mention of the Inflation Reduction Act, the president’s landmark climate legislation, still mostly elicits blank stares from Americans, and the administration hasn’t done much to help its case. During his State of the Union address, Biden didn’t refer to the IRA by name even once.
And yet Americans clearly, obviously, patently are worried about the climate. More than half of the respondents to a Yale Program on Climate Change opinion poll last winter said “global warming should be a priority for the next president and Congress.” Around the same time, seven in 10 called climate change a “serious issue” and a third reported being “extremely concerned” about it in Heatmap’s own Climate Poll.
“You could also ask, ‘Is the survival of American democracy a defining issue in this campaign or not?,’ and the polls will sometimes mislead you into thinking it’s way down the list,” former Vice President Al Gore said at a recent leadership conference for his nonprofit Climate Reality Project in New York — and indeed the March Gallup poll from March had “elections/election reform/democracy” as the top issue facing the country for just 3% of people. “But when people get into the voting booth,” Gore continued, “and they think about the fact that democracy is at risk — as we saw in the last bye elections — that actually did matter. And I think climate is the same way.”
Gore wasn’t just relying on his own intuition. A widely circulated New York Times/Siena College poll conducted ahead of the 2022 midterms showed 71% of voters believed democracy was at risk, but only 7% identified it as the most important issue facing the country, leading many to start eulogizing American democracy. And yet candidates from the Democratic Party, which has positioned itself as a bulwark against the erosion of representative government, dominated the most contested elections.
When you start to ask more targeted questions, the research tends to concur. “If you say, ‘Is climate change an important priority?,’ you get about two-thirds of people who agree with that,” Matthew Burgess, an assistant professor of environmental studies at the University of Colorado Boulder, told me. “If you say, ‘the single most important issue,’ then that’s where it falls off.”
Burgess’s work has examined a particularly odd discrepancy between the limited number of voters who list climate as the most urgent issue facing the country and the fact that climate change, on its own, can seemingly swing elections. In fact, Burgess and his co-authors argued in a paper they published earlier this year that climate voters might have secured Biden's 2020 victory. Using data from the nonpartisan Voter Study Group, Burgess and his co-authors found that “how important voters considered climate change to be as an issue was one of the strongest predictors of whom they voted for in 2020.” How strong a predictor? Strong enough to shift the national popular vote margin by 3% or more toward Biden, they concluded.
But when I asked Burgess what’s missing from a statistic like Gallup’s, which shows few voters prioritizing climate over other concerns, he admitted, “I don’t know.” He has plenty of theories, though. Recent election margins have been so tight that climate change would not actually have to have a significant effect on voting to swing the outcome, he told me. Or perhaps voters are beginning to connect the dots between climate change and issues they more openly profess to care about, such as the economy and national security. When I asked Justin McCarthy, an analyst at Gallup, about Burgess’ findings, he told me that “our question is not meant to measure issues affecting vote choice.”
It takes a lot of faith to buy any of those arguments, and Democrats in tight down-ballot races might not be willing to bet their limited resources on it. But we risk blowing past important context by writing off polling that shows Americans putting the economy over their concern about climate change, according to Emily Becker, the deputy director of communications on the climate and energy team at Third Way, a center-left think tank.
Becker has no problem advising frontline candidates “not to talk about climate and to talk about clean energy instead,” she told me. In her opinion, the two are separate issues — and the popular habit of using them as euphemisms is helping neither voters nor climate-conscious candidates.
“We tend to talk about clean energy as having one core purpose: emissions abatement. Then there are the positive externalities: job creation, clean air and water, money into your community, etc.,” Becker told me. But when it comes to Americans struggling to pay their bills, or who see minimal opportunities for good, well-paying jobs in their communities, “the positive externalities are no longer side effects,” she said. “They’re the main piece.”
By way of example, Becker said, it’s especially telling that investing in clean energy to address climate change appears to be popular in polls, but follow-up questions that ask how voters would feel about that investment if it raises their household costs see a “big drop.” “It’s kind of a luxury issue,” Becker said of climate change-first voting. Third Way’s own research shows that people who self-identify that way tend to be older, white, and more educated.
But young voters — traditionally thought of as the most climate-friendly demographic — are also facing some of the worst economic odds of any living generation. “The idea that you’re going to make decisions at the ballot box based on a faraway problem and not based on the problems right in front of you is a little bit delusional,” Becker told me.
Heather Hargreaves, the deputy executive director of campaigns at Climate Power, a strategic communications group with a robust research and polling operation, had a slightly different takeaway. “I don’t think any elected official who is seeing a national poll where climate change is getting a lower percentage than the economy should be like, ‘Oh, this means I shouldn’t talk about climate change,’” she told me. “That’s misguided.”
Climate Power’s polling has found that “clean energy and climate messaging” moved every demographic toward Biden, particularly — again — young voters, as well as independents, who were key in Burgess’ research. “If you look at the things people care about the most, gas prices and utility costs are always up there,” Hargreaves said. “And these are both related to how we address climate change.”
As even more evidence that climate is a winning message after all, Hargreaves pointed out that Republicans in red districts are “not shying away” from talking about how the IRA has brought money, improvements, and clean-energy investments to their districts. For example, Senator Tom Cotton bragged last summer that “Senator Boozman and I were able to secure the grants” for highway improvement projects funded by the infrastructure law — which the Arkansas pair had voted against. Likewise, Nancy Mace, a congresswoman from South Carolina, hosted a press conference touting a local transit hub with electric buses despite having once called electric mass transit “socialism.”
“They’re now trying to take credit for it — and that’s proof it’s politically a winner,” Hargreaves told me.
As an election-year message, it’s hard to argue that “climate change” — at least phrased as such — actually resonates with the majority of Americans. But “it must be a big tent issue if we’re going to actually solve it,” Burgess, the University of Colorado Boulder professor, told me. And opinions are still being shaped: Gallup has found that victims of extreme weather events are more likely to worry about climate change and view it as a threat. As Hargreaves stressed to me, polling trends tend to be more revealing than any individual battery questions, and they generally show growing levels of urgency.
Becker also offered a word of advice. “Be willing to be told that your issue does not matter as much as you want it to,” she said. “And figure out how you can make your priorities and the priorities of the electorate overlap.”
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Roads bring people, and people start fires.
The United States has more roads than you could possibly imagine. Eighty-three percent of the land in the Lower 48 lies within one kilometer of a road; if you’re seeking isolation, the furthest you can get away from one is likely only about 25 miles, in a far-flung corner of Yellowstone National Park.
The Trump administration wants to build even more. Earlier this week, the U.S. Department of Agriculture filed to rescind the nearly quarter-century-old Roadless Area Conservation Rule, which protects about 45 million acres of pristine national forest lands from the construction of — and dissection by — new permanent roads. The USDA’s given reason? That new roads will provide the access forest managers and fire practitioners need to better prevent wildfires in the nation’s most remote locations.
Fire ecologists immediately cried foul. Researchers have long understood that roads enable wildfire ignitions by bringing people — who are responsible for starting nearly 85% of fires — into the landscapes. Just this past January, new research found that wildfires ignited four times more often within 50 meters of a road than in an untracked, intact forest. “The notion that you can prevent fires by building roads seems to me precisely backwards when you look at what the science says,” Ben Goldfarb, the author of the road ecology book Crossings, told me.
But this past spring, Americans got a good idea of what wildfires look like when there aren’t roads around. Lightning storms in Northern Ontario ignited fires in an area so remote that officials found it “impossible to get firefighters on the ground” to fight them, per The New York Times, or even to react early with airplane water tankers. The result? More than 1.8 million acres burned in the province so far this year, with the resulting smoke causing the Midwestern U.S. and New England to experience some of its worst air pollution in decades.
“There’s a duality — roads are neither necessarily good nor bad from a fire perspective,” Eric Kennedy, an associate professor of disaster and emergency management at York University, told me. “They bring opportunities for ignition and they bring opportunities for firefighting.” Those opportunities include the aforementioned access for fire personnel, as well as serving as a fuel break so crews can gain a foothold against an approaching conflagration. In a populated area, more roads can also mean more evacuation routes when there is a disaster, preventing potentially deadly traffic jams.
Forest defenders were already suspicious of the administration’s motivations when it comes to wildfire policy. “There’s all of the Trump administration directives to increase logging on public lands, which rescinding the Roadless Rule helps to facilitate,” Goldfarb noted. Environmental groups have pointed to attempted legislation such as the Fix Our Forests Act, which removes obstacles for forest management methods, including timber harvest, as another example of how the administration is allegedly using wildfire as a cover to cut down and sell more trees.
Viewed in the context of recent changes by the administration to weaken the Endangered Species Act — namely, narrowing the definition of “harm” to a species to exclude disturbances to its habitat — rescinding the Roadless Rule can appear to follow a kind of rapacious internal logic that “wildlife doesn’t need habitat, and we can build roads wherever we want to disrupt” the forest, Goldfarb went on.
Fires igniting in remote areas is also not a new problem. Agencies adapt to the fire conditions in their areas, such as Quebec, which has an entire apparatus for fighting fires in tractless wilderness, including shuttling in fire crews via float plane. “You can fight fires via helicopter. You can also build temporary roads under the Roadless Rule,” Goldfarb said. As one Montana-based National Forest manager of 25 years recently wrote for a local newspaper, in his experience, “the Roadless Rule doesn’t pose an insurmountable barrier to good land management; it simply requires baseline analysis and thought before impacting the landscape.”
Those who are cynical about the Trump administration’s motivations also pointed me toward the grandiose scale of the Roadless Rule rescission. Fire managers frequently talk about the need for tailored, local, and precise responses to America’s wildfires, which run the gamut from grass fires to chaparral fires to forest fires in regions that both do and do not have histories of regular burning. Policymakers would more appropriately approach wildfire management fireshed by fireshed, they say, and through proposed management plans. Perhaps most notably, the Roadless Rule protects about half of the nearly 17 million acres of the Tongass National Forest, a temperate rainforest and one of the wettest locations in North America, which “does not experience wildfires like those in other places,” the Alaskan environmental conservation group SalmonState wrote in a statement with other advocates and business groups.
Most cynical, though, is the argument that the Trump administration is proposing rescinding the Roadless Rule at the same time that it has gutted the Forest Service that is supposed to maintain all those roads. The agency already struggles with an overwhelming backlog of maintenance projects, from washed-out bridges to erosion problems that impact the water quality in drought-stressed areas. If the USDA were really interested in using roads to combat wildfires, the line of thinking goes, then it would be investing more in the Forest Service, people told me, not less.
“The wildfire challenge really calls upon us to be able to hold different dimensions and different layers and seemingly contradictory ideas at the same time,” Kennedy said, again emphasizing that one can make the case that roads have benefits in certain contexts and scenarios. But while there may be a valid line of debate about when, where, and how roads can help with wildfire management, using the cudgel of a rescission, it doesn’t appear to be one the administration is interested in having.
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.”