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The 50-year-old law narrowly avoided evisceration on the House floor Wednesday, but more threats lie in wait.

Americans may not agree on much, but it seems fair to say that most are pretty happy that the bald eagle isn’t extinct. When the Senate passed the Endangered Species Act on a 92-0 vote in 1973, bald eagles were among the first on the protected list, their population having cratered to fewer than 450 nesting pairs by the early 1960s. Now delisted, bald eagles easily outnumber the population of St. Louis, Missouri, in 2026, at more than 300,000 individuals.
The Endangered Species Act remains enduringly popular more than 50 years later due to such success stories, with researchers finding in a 2018 survey that support for the legislation has “remained stable over the past two decades,” with only about one in 10 Americans opposing it. Even so, the law has long been controversial among industry groups because of the restrictions it imposes on development. In 2011, when Republicans took control of the House of Representatives, Congress introduced 30 bills to alter the ESA, then averaged around 40 per year through 2016.
“A lot of environmental laws have not been brought into the 21st century or modernized effectively,” Gabriella Hoffman, the director of the Center for Energy and Conservation at Independent Women’s Forum, a conservative think tank that supports overhauling the legislation, told me. “It might sound counterintuitive, but a lot of us who are critical of the current iteration of the ESA want it to work.”
Other critics have argued that environmentalists and NIMBYs have weaponized the ESA to block infrastructure projects, including, in some cases, clean energy development, as we’ve covered extensively in The Fight. Kristen Boyles, the managing attorney of Earthjustice’s Northwest office, suggested, however, that pitting the ESA and wildlife protections against clean energy creates a false dichotomy. “I think there are very few examples of a species and a clean energy project collision that can’t be worked around,” she told me. “Most of the time, [the Endangered Species Act] is making sure that we have a process that respects both the web of life and the clean energy that we all want.”
This month, Republicans’ multi-pronged efforts to weaken the ESA are reaching a crescendo. In 2019, the Trump administration managed to push through the first major changes to the ESA in decades by finalizing rules that softened the protections for “threatened” species, expedited delisting plants and animals, and allowed new economic considerations such as lost revenue to be weighed alongside the benefits of protected status. Though President Biden walked back some of those changes when he took office, others remained in place until late last month, when a judge struck them down as in violation of both the Endangered Species Act and the National Environmental Policy Act.
Now, however, the assaults are back. The House has been readying legislation that would have bypassed the regulatory pathway, codifying or expanding upon many of the changes made under Trump 1. The bill, H.R. 1897, was pulled from floor consideration at the last minute on Wednesday, apparently due to a lack of support.
“It just fell from its own weight,” Mary Beth Beetham, the director of legislative affairs at Defenders of Wildlife, told me afterward. “There is no way to fix this bill” — though in theory it could return to the schedule down the line.
However the Trump administration also submitted final rules with overlapping goals to the Office of Information and Regulatory Affairs earlier this month, which Boyles expects to see finalized any day now. The two-pronged approach gives Republicans multiple ways forward in their goals of overhauling the ESA by making it more deferential to industry — and less nimble in extending protections to species that may face accelerated threats like climate change.
Here’s a closer look at what’s happening.
Though not as durable as changes to the law itself, the regulatory route for amending the ESA is a quicker and faster-acting process. If legislation ever passes the House, it may still go nowhere in the Senate — or the upper chamber may choose to write its own version, which must then be reconciled. Rules can be challenged, but they also take effect immediately and remain in place until a lawsuit proves successful.
“It’s within the power of the executive branch,” Boyles explained. The Trump administration “can’t change the law because you’ve got to get Congress to do that, and it’s hard to get things passed through Congress” — as evidenced by Wednesday’s events on the House floor.
Though there are several pending final rules pertaining to the ESA under review by the Office of Information and Regulatory Affairs tweaking critical habitat rules for animals such as the Canadian Lynx and various species of freshwater mussels, three in particular had environmentalists worried: “Rescinding the Definition of ‘Harm’ under the Endangered Species Act,” “Regulations Pertaining to Endangered and Threatened Wildlife and Plants,” and “Regulations for Designating Critical Habitat.”
The first concerns the definition of the word “harm,” which is central to how the Endangered Species Act protects wildlife. The ESA specifically prohibits “harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting any of the listed species, or attempting to do so.” While words like “shooting” and “killing” are pretty unambiguous, “harming” has been defined by the Fish and Wildlife Service and the National Marine Fisheries Service for decades as including modifications to habitat that negatively affect the protected species. “If you cut down the tree where the endangered bird lives, you haven’t actually shot the bird; you have just as clearly caused it not to survive because you’re cutting down the places it needs to live,” Boyles said.
Now, the FWS and the National Oceanic and Atmospheric Administration’s Fisheries have proposed final rules that would rescind their respective definitions of “harm.” The environmental groups I spoke with were dismissive of these proposals, given that the particular definition of “harm” had been challenged by the timber industry in 1995 and upheld by the Supreme Court in a 6-3 vote.
“When you look at something like the attempt to redefine ‘harm’ under the Endangered Species Act, an agency can’t do that,” Lisa Saltzburg, a senior attorney with Defenders of Wildlife, told me. “The law says what it says, and they can’t, by regulation, just get around that.”
Of greater concern to Boyles, at least, were the other two rules. The first, “Regulations Pertaining to Endangered and Threatened Wildlife and Plants,” concerns the 4(d) rule, which extends blanket protections to animals and plants listed as “threatened.” The new version would repeal those automatic protections and instead require a separate rulemaking process for each animal listed as threatened, slowing the implementation of protections. “Listing is inherently urgent — that’s the gateway to protection,” Saltzburg said.
The other rule, “Regulations for Designating Critical Habitat,” pertains to the 4(b)(2) rule of the Endangered Species Act, which describes the Secretary of the Interior’s ability to exclude an area from a critical habitat designation if the economic, national security, or community benefits are deemed to outweigh the wildlife protections. The final rule now being weighed essentially creates a “framework biased toward exclusion,” its critics say.
Regulations are just one mechanism for altering the Endangered Species Act, though. The legislative route wouldn’t be vulnerable to a court’s determination that it is inconsistent with the law because it would be the law. Any legal challenge would have to prove that the law itself was unconstitutional, a higher bar to clear.
“The bill is just beyond bad,” Saltzburg, the senior attorney with Defenders of Wildlife, told me before it was pulled. Introduced as the ESA Amendments Act of 2025 by Arkansas Republican Bruce Westerman in March of last year, H.R. 1897 seeks to rename the Endangered Species Act the “Endangered Species Recovery Act,” which critics say underscores its priority of delisting animals and plants.
Hoffman, the director at IWF who supports the Republican amendments, told me the ESA has historically “prevented extinction, but it has not done a great job of the delisting part,” with only around 3% of the species that have been listed in the past half-century bouncing back to the point that, like the bald eagle, they can ultimately be removed. “You can even have certain production, you can have new projects, all the while balancing it out with ensuring that nobody is harmfully targeting imperiled species,” she said.
Supporters of the ESA, however, argue that the 3% statistic is misleading, given that most animals on the endangered species list haven’t been protected long enough for a full recovery — a 2016 study found that the average bird had been listed for 36 years, while their average federal recovery estimate was 63 years — and that the greater focus should be on its 99% success rate in preventing extinction.
Notably, H.R. 1897 would expand on the first Trump administration’s now-overturned rule, which permitted smaller habitat-damaging projects to go forward if they didn’t damage a habitat as a “whole.” The bill would make it more difficult for an area to qualify as critical habitat at all. It also eliminates FWS’s ability to require mitigation and offsets for unavoidable harm from projects. “These aren’t reforms to make the Endangered Species Act work better,” Boyles said. “They’re the same rollbacks that already got kicked out of court, now coming back dressed up as legislation.”
The bill would also make it more difficult to list species as endangered by adding administrative and procedural hurdles, such as mandatory economic analyses and multi-tiered work plans that must be submitted to Congress. The more than 1,700 domestic species covered by the ESA must be reviewed by FWS or NOAA every 5 years to determine whether their protected status remains appropriate; H.R. 1897 forces faster delistings by imposing a 30-day rulemaking window on already overburdened agencies once a decision is made, although the rules are complicated and, as it stands, can take years to finalize. FWS has lost 18% of its staff since the start of the second Trump administration and is already struggling with a backlog.
In a particularly pointed illustration of how H.R. 1897 would unwind preexisting safeguards, a federal court earlier this year voided a 2020 Florida wetlands permitting program for violating ESA protections for local wildlife. H.R. 1897 simply overrides the court by putting the state program into federal statute.
Boyles sounded doubtful when I asked for her read on the future of the bill, noting that it had been pulled from consideration a few weeks ago, too. “I have to assume that when members of Congress heard from their constituents, they decided this might not be the most pressing thing for them to do right now,” she said, adding, “I think this is House leadership recognizing they don’t have the votes and if they don’t have the votes, they’re not going to bring it up.”
But environmentalists won’t breathe easy before it’s officially dead. When I asked Saltzburg to speculate about the species that might not have made it this far if legislation like H.R. 1897 had passed two decades ago, she called the thought experiment “a nightmare to even imagine.”
“This isn’t about efficiency,” Saltzburg said. “It’s about inviting the extinction of species we’ve already proven we know how to save.”
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And data centers might be collateral damage.
After derailing gigawatts of renewable power with a permitting freeze, the Trump administration is expanding its war on renewable energy, retaining one of country music’s biggest stars in a PR offensive against utility-scale projects on “prime farmland.”
The administration recently onboarded John Rich – one half of the stadium-packing American musical duo Big & Rich – to be Trump’s “special envoy for American landowners.” Rich entered activism around landowner rights last January when he backed opponents fighting a large Tennessee Valley Authority transmission project routed through his home county of Cheatham, Tennessee. This led to him joining the Trump team, where he’s fashioning himself as a go-to guy and cheerleader for anyone who wants Trump to help stop a solar or wind farm they don’t want built.
Rich’s first fight on behalf of the Trump team? Battling solar projects in upstate New York. Over the weekend, Agriculture Secretary Brooke Rollins, EPA Administrator Lee Zeldin, and the freshly-annointed Rich wrote New York Governor Kathy Hochul grilling her on the state’s definition of “prime farmland” and claiming “the absence of a clear plan” for disposing of solar panels after projects are decommissioned. The letter resulted from Rich’s conversations with a prominent anti-solar Substack author in upstate New York, Alexandra Fasulo, and it references a specific Repsol project under development in Glen, New York, that she is fighting in state court.
“Only 8 weeks ago, I decided to start posting my written content from Facebook and Substack to X. It didn’t take long before John Rich and I connected,” Fasulo wrote in a blog on Monday. “John and I spoke on the phone a few times. We texted and I began to share my research with him. Many meetings later… and the US Department of Agriculture, the Environmental Protection Agency (EPA), and John Rich put their heads together.” In her post Fasulo signaled more is coming. “If you read the letter slowly, you’ll get the gist of what the feds are trying to do here. For legal purposes, I am not going to explain that in writing. Read between the lines,” she said. “This lays the foundation for battling destruction at the hands of solar and wind complexes, battery storage, and so much more. Have a little faith and patience. There is A LOT to come.”
Trump is pivoting to farmland fights because there are few battlegrounds left for the federal government to fire upon. He has totally undermined large-scale renewable energy development in the ocean – I mean, look at offshore wind. He’s wrecked progress in the desert, where large solar farms on federal lands remain trapped in bureaucratic permitting delays. Some facilities are now getting through, like Primergy Power’s Purple Sage Energy Center south of Pahrump, Nevada, which got its permits last month. Yet other large projects are petering out; permitting on at least three large solar proposals – Smith Blythe’s Desert Energy Charger Project and Intersect Power’s Perkins Renewable Energy Project in California and Balanced Rock Power’s Samantha Solar effort in Nevada – has been paused or canceled outright since the start of the year.
The president’s turn to fighting projects on farmland also makes sense from a political standpoint. He’s facing an enormous backlash to a buildout of hyperscale data centers he supported, many of which are sited on acreage suitable for agriculture. Republicans running statewide in must-watch midterms battlegrounds – Texas and Iowa, for example – will have to navigate this rocky terrain where something their president supported is deeply unpopular. By bringing Rich aboard and letting him wail on renewable energy in the public square, it’ll be a signal that the Big Man is still listening to rural MAGA voters wary of industrial development.
In media interviews, Rich has claimed Trump created this new, unpaid special envoy position after the country star turned down an offer to sit on the TVA. “I said [to Trump], ‘if I serve with the TVA I cannot disparage the TVA, and I fully intend on keeping my right to disparage them intact.’” He said, ‘You know what, I respect that. So what do you want to do?’ And I said, ‘Man, give me a position where I’ve got some authority and I can work with the highest agencies in the land to protect landowners. Can you create something like that for me?’”
That’s at least the public story for how the president created the “special envoy” role, which Rich has described in ways that are equal parts citizen-government liaison and culture warrior. It’s now clear from his many posts on X that he’ll be heavily involved in messaging against the construction of new renewable energy facilities, carbon pipelines and, potentially, hyperscale data centers.
“[I’ll] go out, find these egregious situations where landowners are being infringed upon and I can go in, work with USDA, EPA, Secretary of the Interior, HUD, the Energy Department, and then all the way of course [to] the Oval Office – to throw up a defense against American landowners,” Rich told Atkisson. He added that data centers will also be a focus of his in government, and there are “two or three” projects out there where he wanted to intervene.
“The president wants to see the data centers built, but he also wants the farm and ranchland to be preserved. We have to have food security for America. We have to.”
Rich and Fasulo then joined Rollins and other administration officials at a press conference Thursday in Washington, D.C. Fasulo spoke at length against New York solar and wind development. Pressed on how data centers square with farmland protection, Rollins spoke about the anxiety in rural America around hyperscalers.
“That debate is raging right now,” she said. “I think that the importance of private property rights, the importance of preserving American farmland, the importance of ensuring we’re going to have another 250 years of freedom is paramount. Does that mean it is completely incompatible with data centers? I don’t think so and I know President Trump doesn’t think so. But what it does mean is that we have to be extremely intentional. There should be plenty of land in this country where data centers can be built that will not be on prime, important farmland. That’s my take on that.”
When Rich joined the federal government is unclear. The Agriculture Department formally announced Rich joined the administration on June 10, but Rich first disclosed Trump “made an offer for a position” in a subscriber-only post made to X on July 24, 2025. He then provided updates in similarly paywalled statements, revealing the Trump appointment to his subscribers in April. Then in May, he told subscribers that he’d completed federal onboarding. “I’m really looking forward to pushing bad guys off of good guys’ land:) You’ll be seeing the official announcement soon, but I wanted you to know 1st!”
What’s clear, however, is that Rich has other targets too. As Rich was brought into federal service, he began routinely sharing a URL – “usda.gov/lawfare” – and directed aggrieved landowners to report potential misdeeds around land seizure. A review of his back-and-forth communications on social media indicate several potential fights he may wade into. Wind energy projects in Kansas. Solar development in rural Virginia. An aluminum smelter in Oklahoma. Carbon capture proposals in Louisiana.
Prior to formally joining the administration, Rich got involved in a conflict over eminent domain and transmission for data centers in Coweta County, Georgia, which had gone viral on right-wing social media. On May 12, Rich said he “just had a great phone call” with Rep. Brian Jack, the GOP congressman who represents the transmission battleground in question. “I will be speaking more on the matter soon,” he tweeted, declaring the power lines threatened “not only homes, but cattle farms and row crops.” Rich also says he facilitated federal engagement between the USDA and Casey Murph, a rancher in Navajo County, Arizona, who claims the state prematurely ended a land lease he held so Orsted can build a solar project.
It’s also apparent Rich will be the first major Trump administration official to publicly root for more counties to indefinitely ban solar and wind development. “The best way for farm and ranch land to be protected from wind/solar projects is for the county to pass a moratorium on those energy sources, disallowing them to ever be built in the county,” Rich told an X follower on May 16.
No one can predict how harmful it’ll be to have one of country music’s most famous artists turning into a spokesperson against renewable energy. But I doubt even paying Katie Miller to say nice things about solar will be able to overcome newly-empowered activism from a Nashville legend.
And more of the week’s top news around project fights.
1. Kansas City, Missouri – Data centers are so toxic that politicians are using them as boogeymen in totally unrelated policy discussions.
2. Ingham County, Michigan – We have our first major anti-data center candidate in a Democratic congressional primary.
3. Nueces County, Texas - The Longhorn State is on a bull run towards data center hostility.
4. Pulaski County, Arkansas - We have yet another municipal employee losing their job over helping a data center.
5. Marathon County, Wisconsin - Yet again rural residents are poised to lose against state permitting primacy laws benefiting renewable energy.
This week’s conversation is with Grant Gutierrez, head of community impacts at carbon management company Carbon Direct. This week Carbon Direct published a white paper Gutierrez authored on opposition around data centers he’s studied. His research reinforces much of what Heatmap Pro has uncovered, but I was particularly intrigued by a topline finding – that transparency is the most common thread in the 46 data center fights he looked into. Was he seeing what I’ve been seeing? So I asked him to hop onto a Zoom call and let me know his thoughts.
The following conversation was lightly edited for clarity.
If you were to explain the findings in your white paper to someone at a bar… how would you put it?
What I would say is that we were really interested in the kinds of concerns communities were articulating as they were opposing or resisting data center development in the U.S. To answer and explore those questions, we developed our own data center cancellation tracker where we looked for cases where we could find a strong correlation between cancelation or withdrawal status and opposition. Then we did high-level analyses of the demographics surrounding those data centers, using standard best practices from environmental justice methodologies and pulling sociodemographic and environmental burden characters from EPA’s EJScreen tool. We were mostly looking at public records. Press materials. City council meeting minutes. Things you wouldn’t have to dig too hard to find.
The kinds of communities we saw successfully resisting data centers tracked across the demographic middle of the United States – slightly more middle income, slightly more white than a majority of the American community, but mostly what you’d consider the average American community.
What is the intended audience of this paper and what are you hoping to communicate?
I think it’s important for data center developers and the capital behind them is that they need to move their engagement to early stage, responsible design. A second audience is regulators, city councils, and local zoning commissions about how to engage with developers and advocate for the right disclosure requirements from industry.
The key topline message is that developers who treat community engagement as a permitting formality instead of a critical early stage input are burdening communities, breaking trust. This is resulting in reputational risk for developers, stranded assets, losing capital – and the loss of future opportunities as developers want to build 21st century infrastructure.
Walk me through what you saw evaluating these projects. What’s the development pattern that leads to such opposition?
We saw five key themes. Some of them you might expect – concerns around natural resources, water impacts, electricity rates, land. The rural character came up quite consistently. And then there was a lack of transparency through the use of NDAs.
The NDA example I was surprised to see was the most consistent in all of our case studies. Communities are largely concerned with the process that unfolds as much as the impacts. That’s a very important signal that transcends political lines. Communities want to be heard, involved in the process. They want large infrastructural development with impacts to listen to their concerns. When those decisions are made behind NDAs or with no transparency or equitable engagement, communities quickly mobilize and organize at a hyperlocal level and are successful in opposing these data centers.
I know there are a number of companies out there – without naming names – that are putting responsible development principles forward. The ones we advocate for across our business, whether we’re working in carbon removal or other things. I see companies leading and saying, if we’re involved in this infrastructure, we are not going to sign an NDA. Those who are pushing forward renewable energy commitments, community benefit agreements, and local public-private partnerships are leading with transparency and equity in their engagements.
How any of this carries in the broader industry is yet to be seen.
In your report you point to various ways opposition can crop up to a project. One of those ways was due to the presence of co-located gas – you note that gas power at a data center engendered environmental opponents, which then strengthened those fighting a data center. Can you elaborate on whether you think a new gas power presence is making it harder to get a data center built?
The case you’re pointing to, that’s the Ballico case where on top of the data center there was a 3,500 megawatt co-located gas plant. That quickly led to major community concerns and a partnership with the Southern Environmental Law Center, which became the legal anchor for thinking through the opposition here and commissioned the technical evidence, and provided the legal [support] there.
You see a broad coalition coalesce around not only the data center concern but the climate concerns that arise. I wouldn’t be surprised if we saw a repeated concern around the expansion of fossil energy and combustion sources going hand in hand with community opposition and organizing on data centers. But that remains to be seen.
What in your research have you seen when you compare opposition to data centers and campaigns against, let’s say, fossil fuels? Or mining? Or renewables?
What I think about with data centers is they’re the highways of the 21st century. As we know through the highway projects in the U.S., there were major disproportionate impacts on communities of color. I think there’s potential for data centers if they follow that playbook to have that same impact.
When it comes to comparing these, that’s something I have not done yet. But I think there’s a few things happening. I think the scale and scope of the buildout is taking the American public by surprise. Articulation around impacts to natural resources and electricity prices in a heightened political climate and a difficult economy. It’s also the existential problem AI introduces, which is the role AI plays in society. This is unique compared to other kinds of extraction, which feed technologies already at play.
How do you feel about the fact that so many of us in energy, environment and climate are now talking about data centers all the time?
Never in my career, working in carbon removal and nature based solutions, I never thought data centers would be a major focus in my career as an environmental justice advocate and social scientist.
Data centers are probably emerging to be one of the biggest environmental justice problems of our time so while it’s not something I planned to work on, I am emboldened to see the response from the nonprofit community and others trying to wrap their heads around this. What is the right kind of information? What does the public need to know? How do we advocate for our communities and build the world we would like to build?
While data centers are moving fast, I’m encouraged to see communities organizing and advocating for their own needs as well. Over the next few years, the story will tell itself.
Last question – what was the last song you listened to?
DtMF by Bad Bunny.