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An age-old tension, resolved.

For as long as I’ve been an energy reporter, I’ve been asked a scoffing question by moderates and conservatives: If Democrats really cared about climate change, shouldn’t they embrace nuclear power?
It’s a fair question. Nuclear energy, after all, can produce vast amounts of electricity without emitting planet-warming greenhouse gas pollution. It already generates more zero-carbon electricity in America than wind turbines and solar panels do combined; unlike renewables, it can provide power all day and night, even when the sun isn’t shining and the wind isn’t blowing. The countries that have seen the largest year-over-year drops in carbon pollution — e.g. France — have generally done so by building a new fleet of nuclear reactors.
It’s also a factual question. For years, even as Democrats railed against fossil fuels, they dilly-dallied on nuclear issues. The party’s leaders in statehouses and legislative chambers around the country worked to shut down aging nuclear reactors or approved nuclear-skeptical regulators. President Barack Obama cheered next-generation nuclear in speeches, but appointed extremely nuclear-skeptical regulators to oversee the industry. (One of his first appointees to the Nuclear Regulatory Commission, Gregory Jaczko, has called for a global ban on nuclear energy since leaving the government.)
Even though nuclear reactors produced most of America’s zero-carbon electricity, they remained the, well, glowing-blue-haired step-child of America’s grid: Democrats regularly railed against fossil fuels, and they felt comfortable paying lip service to far-off atomic technologies, but they did not lavish nuclear with the unqualified support that they gave renewables. Instead, they let the nuclear industry slip into senescence. This mild toleration was punctuated by moments of extreme cognitive dissonance, such as when New York Governor Andrew Cuomo shut down the Indian Point nuclear power plant in 2021 without lining up new zero-carbon generation to replace it — leading the state’s carbon emissions to soar.
Of course, Democrats didn’t have to do much to kill nuclear: At the same time, the market was doing a perfectly good job of it. As cheap natural gas flooded the American energy system in the 2010s, more and more nuclear plants became too expensive to run. From 2012 to 2022, 12 nuclear reactors shut down in the U.S., taking nearly 10,000 megawatts of low-carbon generation offline.
That was the status quo as recently as 2020 or even 2022. And it has remained the status quo in energy commentary. “What role, if any, does [Vice President Kamala Harris] see for nuclear power in her energy and climate plans?” asked The New York Times columnist Bret Stephens last month, in a column titled “What Harris Must Do to Win Over Skeptics (Like Me).” At the vice presidential debate earlier this month, Republican nominee JD Vance even alluded to the argument amid a broader paean to fossil fuels. “If you really want to make the environment cleaner, you've got to invest in more energy production,” Vance said. “We haven't built a nuclear facility — I think one — in the past 40 years.”
In fact, Vance is wrong: The United States recently turned on two new nuclear reactors in Georgia — the first newly built reactors in America in 30 years. But this idea — Why aren’t we building more nuclear reactors? Why don’t Democrats do more to help nuclear? — has been a throughline of energy punditry since well before Vance was a best-selling author.
So I want to intervene in this conversation and note that the answer has now changed. Democrats are a pro-nuclear party now — not uniformly, but then again, neither are Republicans. Over the past several years, Democratic lawmakers and officials have adopted a slate of aggressively pro-nuclear policies and characterized the technology as pro-climate. Secretary of Energy Jennifer Granholm has called for America to build a new wave of conventional nuclear reactors — going much further than Obama ever did. Sometimes working with Republicans — but sometimes working alone, too — Democrats have pushed billions of dollars of support toward conventional nuclear reactors and the nascent advanced nuclear industry.
It’s worth stepping back here and going over what has actually changed.
For the past 10 years at least, both parties have been credibly committed to building up the advanced nuclear industry — the theoretical next generation of nuclear reactors that will be smaller, cleaner, and safer than the behemoths built during the Cold War. During the Trump administration, Congress passed a bipartisan bill meant to push along the advanced nuclear industry. It also passed the Energy Act of 2020, which authorized a demonstration program for advanced nuclear reactors.
The Biden administration has continued this support. The bipartisan infrastructure law created a $6 billion program that would pay existing nuclear power plants to stay open. At least $1.1 billion of that money will go to keeping Diablo Canyon, California’s only operating nuclear facility and its largest power plant, from shutting down; it was originally slated to close in 2025.
Earlier this year, Biden also extended a key program that indemnifies the nuclear industry for the cost of nuclear accidents and disasters above $16.1 billion.
But perhaps the most important nuclear law passed in the past five years is the Inflation Reduction Act, the Biden administration’s signature climate package. For the first time ever, that law embraced the idea of “technology neutrality,” which means that electricity generated by nuclear reactors is now on the same footing as power from wind turbines or solar panels. If a method of electricity generation emits almost no carbon, then the government subsidizes it under the IRA.
The law is already helping restart nuclear reactors that have recently closed such as the Palisades reactor in Michigan and Three Mile Island in Pennsylvania. The utility giant NextEra is also exploring plans to restart the Duane Arnold nuclear plant in Iowa, which closed in 2020. If those go through, then it will be able to take advantage of Inflation Reduction Act funding, as well.
Lawmakers from both parties have continued to back advanced nuclear research and deployment. Under Biden, Congress passed the ADVANCE Act, containing a hodgepodge of policies meant to help the advanced nuclear industry. Among other changes, it instructs the Nuclear Regulatory Commission to move faster when approving new reactor designs, and it changes that agency’s mission statement to more affirmatively support nuclear development.
Biden administration officials haven’t just backed that legislation, they’ve also asserted that it will “help us build new reactors at a clip that we haven’t seen since the 1970s,” as Michael Goff, who leads the Energy Department’s nuclear office, bragged in a statement.
The irony is that nuclear plants are now doing well enough that Congress has clawed back some of the money from the bipartisan infrastructure law. The industry, seemingly, doesn’t need it any more, and no additional nuclear reactors have been scheduled to shut down. In 2024, Congress stripped up to $3.7 billion to pay for a program to produce a type of high-assay used in next-generation nuclear reactors.
Democrats have begun to brag about their nuclear policymaking efforts on the campaign trail, as well. In her speech on economic policy earlier this month, Kamala Harris included “advanced nuclear” in a list of technologies that her administration would support.
“We will invest in biomanufacturing and aerospace; remain dominant in AI and quantum computing, blockchain and other emerging technologies; expand our lead in clean energy innovation and manufacturing,” she said, “so the next generation of breakthroughs — from advanced batteries to geothermal to advanced nuclear — are not just invented but built here in America by American workers.”
The party’s Senate candidates have become even more positive about nuclear energy. Candidates in Arizona, Michigan, Florida, and Texas have all backed nuclear power, as the reporter Alexander Kaufman at Huffpost has shown.
This transformation has happened even though the big big environmental groups that have historically set the party’s energy priorities have not changed their mind on nuclear. Although many green groups have scaled back or defunded their anti-nuclear activism, their rhetoric remains staunchly anti-nuclear. The Sierra Club calls nuclear power a “uniquely dangerous energy technology for humanity” and states on its website: “The Sierra Club remains unequivocally opposed to nuclear energy.”
The party’s approach to nuclear hasn’t informed all its policy yet. The Biden administration’s nominations to the Nuclear Regulatory Commission have been criticized by pro-nuclear advocates for continuing the status quo or for not knowing enough about the advanced nuclear industry.
But Democrats are, by any measure, much more pro-nuclear now than they were 10 years ago — and much more pro-nuclear than they were a decade before that. (It’s often forgotten now that President Bill Clinton’s would-be climate policy, the BTU tax, also would have levied a fee on nuclear reactors.) Republicans also remain fairly pro-nuclear: Donald Trump has promised to approve “hundreds of new power plants,” including “new reactors,” during his presidency.
What remains unclear is whether both parties can persist in this new pro-nuclear formation. Nuclear energy is popular with a majority of the public, but only just; 56% of Americans favor building more nuclear power plants, according to the Pew Research Center. And there are signs, if you squint, of a potential coming era of GOP skepticism of nuclear power — part of the party’s broader turn against science and high-trust institutions.
Signs like: Robert F. Kennedy, Jr., who has been added to Trump’s transition team, believes that nuclear power is unsafe and uneconomical. Even Trump himself, in conversation with Elon Musk, has worried about “nuclear warming” — it’s not clear what he was talking about, but it might be nuclear war — and said that nuclear has a “branding problem.” Even if Trump continues to support the idea of building “new reactors,” his potentially illegal plan to claw back the Inflation Reduction Act’s unspent funding may lead to pandemonium in the sector. If the nuclear industry is now planning on receiving IRA subsidies, then ending those subsidies — especially in a messy or chaotic way — could spell disaster.
There are identity-driven reasons for Republicans to turn on nuclear, too: The nuclear energy industry is more unionized than any other energy source, and it requires a highly institutionalized and educated workforce. (Yet not all the trends augur a realignment: Nuclear power remains much more popular with men than women.)
For now, though, both parties — including Democrats — support building new nuclear power plants. The economics are good for once, too. The question now is how long that will hold.
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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.