You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
A desire to please the Court may have rendered the EPA’s new power plant rule a little too ineffectual.

If nothing else, give the Environmental Protection Agency credit for this: They seem to understand the assignment.
Last year, the Supreme Court struck down the Clean Power Plan, President Barack Obama’s ambitious attempt to restrict carbon pollution from power plants. That proposal never carried the force of law, and it had been held in suspended animation by the Court — and later the Trump administration — since 2016. But after President Joe Biden took office, Chief Justice John Roberts and the Court’s conservative majority revived it seemingly entirely for the sake of deeming it illegal.
The proposal went far beyond what was allowed by Congress, Roberts ruled. Normally, an EPA standard would require that power plants or factories install some kind of equipment on their smoke stacks to meet a pollution cap. “By contrast, and by design,” the Obama proposal could only be satisfied by burning less coal, the chief justice wrote. It required “generation shifting,” forcing states to get more of their power from renewable, nuclear, or natural-gas plants.
That overreached the EPA’s authority under the Clean Air Act, Roberts declared. If the EPA wanted to regulate greenhouse gases, then it needed to treat them like a normal air pollutant — and it needed to act like a normal technocratic agency. Above all, it had to keep its regulations to those that could be accomplished “inside the fenceline” of each power plant.
So last week, when the Biden administration finally unveiled its own draft attempt at regulating carbon pollution from power plants, it knew it was playing on the Court’s, well, court. And it behaved accordingly. The best thing you can say about the EPA’s new power-plant proposal — which will be one of the Biden era’s most important climate regulations — is that it was meticulously, painstakingly tailored to the Court’s demands. If Chief Justice Roberts asked for a normal rule, then the EPA has delivered one so awkwardly, self-consciously normal that it seems a little like a narc. The worst thing about the new rule is that this desire to please the Court may have rendered the rule a little too ineffectual.
If America wants to fight climate change, it must clean up its power plants. Generating abundant, cheap, zero-carbon electricity is the key to the country’s decarbonization strategy.
“If you clean up the power sector, it enables you to clean up other sectors of the economy too, through electrification,” Leah Stokes, an environmental-science professor at the University of California, Santa Barbara, told me. “Electric cars, heat pumps, induction stoves — all these machines can be fueled with clean power.”
Biden’s climate law, the Inflation Reduction Act, will slash emissions from the sector over the next decade, according to federal and independent modeling efforts. But it won’t get the sector all the way there. That’s where the new proposal is supposed to step in.
As per the Supreme Court’s request, the proposal details how every kind of power plant — even those that burn coal or natural gas — can meet their climate requirements for decades to come. It mandates a buildout of carbon capture and storage infrastructure, or CCS, for most coal and some natural-gas plants that plan to stay open long-term.
“The EPA rule makes sure everyone is on the same level-playing field. If the Inflation Reduction Act is enough to incentivize CCS in some places, the EPA is gonna make sure everyone is gonna do it,” Nick Bryner, a law professor at Louisiana State University, told me. “I think it’s designed very, very well to work in tandem with the IRA tax credits.”
If the IRA is the regulatory-friendly angel on its shoulder, then the Supreme Court’s decision last year — called West Virginia v. EPA — is the devil. The EPA’s desire to stay on the Court’s good side is even visible in the proposal’s name. Previous administrations have tried to give their power-plant rules a memorable name — Obama had the Clean Power Plan, of course, and the Trump administration christened its effort the “Affordable Clean Energy Rule,” or ACE. The Biden administration, by comparison, named the new proposal:
New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule
That’s the NSPSGHGNMRFFFEGU; EGGGEEFFFGU; RACE Rule for short.
I would say that the agency couldn’t have given it a more technocratic name if it tried, except that it obviously tried very hard. “Traditional approach, traditional name,” the EPA’s press office chirped when the Politico reporter Alex Guillén first noted the name. Just what the Supreme Court asked for!, they all but added. The agency is so desperate to look obedient and demure that even its social-media team has been briefed on current federal doctrine.
At the same time, the rule does “a tremendous amount to make the rule as flexible as possible given the constraints they’re working with in West Virginia v. EPA,” Bryner said. Under the proposal, some natural-gas plants can choose between installing carbon-capture equipment or burning low-carbon hydrogen.
But the rules may have erred on the side of too much flexibility, says Charles Harper, a policy analyst at Evergreen, a climate advocacy group and think tank. Evergreen and other environmental groups are worried that the rules might be too generous to fossil fuel companies. They’re focusing their criticism on two elements of the draft: its handling of natural-gas plants and coal retirements.
First, the EPA rule as proposed would not apply to an overwhelming majority of the country’s natural-gas plants.
A large share of carbon emissions from natural-gas plants come from so-called “baseload” plants that generate many hundreds of megawatts of electricity at all hours of the day. The rule focuses on these facilities, and it requires them either to install CCS equipment or to burn hydrogen fuel.
But the rule is not nearly so strict about small or medium-sized natural-gas plants. Natural-gas plants that generate less than 300 megawatts of electricity — or that run less than half the time — are essentially exempt from the rule. This excludes 77% of the country’s natural-gas plants from the new EPA proposal, requiring them to make no changes through 2040.
It is unclear what share of carbon emissions these natural-gas plants represent. The EPA did not provide an estimate of their carbon emissions before the deadline for this story.
As a whole, natural-gas power plants emit 43% of the U.S. electricity sector’s carbon pollution, despite producing nearly twice as much power as coal.
Environmental groups say the proposal’s coal problem is simpler to fix. In the draft, the EPA puts coal-fired power plants in different categories depending on when they’re slated to retire. Plants that have no retirement date — or that will remain open after 2040 — must install equipment to capture 90% of their emissions by the year 2030. Plants shutting down after 2035 must make a cheaper set of changes. And plants due to close by 2032 don’t have to make any changes at all, so long as they don’t increase their emissions over the next decade.
Those deadlines are too long from now, and the EPA should bring them forward in time when it issues a final version of the rule, Harper said. “2040 is pretty far out and would entail a lot of unabated emissions hitting the climate and human health,” he told me.
The EPA still has time to edit this proposal; it will hear public comment over the next few months and probably issue a final version of the rule next year. With the procedural issues resolved, the Supreme Court’s ability to object to that rule is limited to whether carbon capture is feasible and affordable enough to be used under the Clean Air Act.
If there is a bright spot for climate advocates in the new rule, it’s that the Biden administration — and last year’s Democratic majority in Congress — seem to have anticipated that move.
As the House was voting on the IRA last year, Representative Frank Pallone, the chair of the House Energy and Commerce Committee, put a statement in the congressional record saying that the EPA should take the IRA’s generous tax credits into account when proposing power-plant rules. The subsidies should be considered when the agency is deciding whether CCS is feasible and affordable, he said. The EPA cites Pallone’s statement in its new draft.
But ultimately it is Chief Justice John Roberts who will get to decide. Almost a decade ago, a set of conservative states sued the EPA to block it from requiring CCS. That issue has since been held in its own state of suspended animation. It may soon breathe again.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Water pollution in Wyoming has big implications for the future of data center development.
Did a Meta data center introduce a rare, dangerous bacteria into the sewers system of Wyoming’s capitol city? It’s an environmental pollution mystery with an answer that could decide the future of American AI infrastructure development.
Our drama begins in Cheyenne, Wyoming, where the city’s board of public utilities just wrapped up a lengthy investigation into the presence of Cupriavidus gilardii, a potentially lethal bacteria resistant to heavy metals, in the city’s wastewater treatment systems. Apparently, in February, board staff detected the contamination and shut off public access to the city’s water reuse system, a supply of treated non-potable water fed with treated wastewater and used for lawns, athletic fields, and other green spaces. Officials were worried that spraying this water could release into the environment a bacteria found to cause fatal health outcomes in immunocompromised or elderly people who are infected by it.
The board then identified a culprit – Goat Systems LLC, a Delaware-registered firm without a website Meta tasked with overseeing its large $800 million hyperscale project in Cheyenne dubbed Project Cosmo. Goat Systems lost its wastewater disposal permit. The board plans to also fine Goat Systems for violating city code “along with additional fees for our remediation efforts,” board public affairs coordinator Erin Lamb told me in an email. (The only person publicly affiliated with Goat Systems is Pamela Gregorski, an employee for a company that specializes in creating LLCs. Gregorski, who is linked to other LLCs handling Meta projects across the country, did not reply to requests for comment.)
In public comments and statements to me, the board linked the bacteria to water used to flush the Meta data center’s closed-loop cooling system so debris could be removed before the facility was operational. “We were able to connect the Meta data center campus to this through sampling their site,” Lamb said.
This finding led Cheyenne to also indefinitely ban data center projects in the city from ever disposing of “fill-and-flush water” in the sewer system again.
Meta has not denied contamination was found by the city, but says repeated sampling at its project site failed to come up with any evidence confirming they were the source. One can imagine a scenario where the data center and its design played no role in this bacteria showing up, or that city officials erroneously tagged the tech company with responsibility at a time when they’re dealing with political troubles already.
But what is happening in Cheyenne, first reported last week by Wyoming local press, will have consequences for the future of AI infrastructure whether or not Meta was actually even responsible. Right now, all over the country, tech companies are failing to get permits for their data centers because people are worried about water use. These closed-loop data center designs are supposed to address those concerns, letting large hyperscalers contain, cycle, and reuse the water they use for months or even years. A story like this gaining traction in public discourse around data centers will inevitably damage the sector’s public image unless rectified – and fast.
Cheyenne’s claims about the Meta data center being responsible for the bacteria have already metastasized on social media, disseminated through channels often cited by data center opponents on the ground elsewhere in the country. “REPORT: ‘RARE’ BACTERIA DISCHARGED INTO WYOMING WATERSHED LINKED TO DATA CENTER,” reads one post by a Facebook user Izzy Bella that has been shared more than 2,600 times. “Think of this the next time you hear blatant greenwashed lies like ‘closed loop cooling.” This post has been shared by major anti-data center groups on Facebook, including Pennsylvania Data Center Resistance, a social media page for organizing against projects in the Keystone State.
Going solely off what happened in Wyoming, some in the state are concerned the process of cleaning these loops before opening a data center can produce some nasty byproducts. Dr. Jonathan Brand, a civil engineering professor at University of Wyoming, has been studying the data center buildout in Wyoming for years, watching what’s happened in Cheyenne closely, and like me has way more questions than answers.
Usually, Brand said, a company using water in metal-intensive industrial applications – think a metal plating facility – has to test that fluid before it’s dumped into a municipal sewer system. The chain of events spelled out by the board left him “guessing that didn’t happen here,” and he’s worried the bacteria formed within whatever petri dish-like environment was created inside the network of looping pipes before it was flushed.
“The bacterium was the canary they saw, but you could have a lot of residual metals, which is not something we normally test for at a wastewater plant,” he said. “What else was in that discharge? Nobody else has let us know that and they’re probably not going to.”
City officials claim the water was tested before it entered the sewer and was missed, but there’s a trust deficit between locals and the government on what happened. Little of this information was public until a few weeks ago. Cheyenne residents first learned trouble was afoot on June 26, when the board posted a press release “reminding all residential, commercial, and industrial customers that the discharge of hazardous substances into the sanitary sewer system is strictly prohibited.” Nothing was included about data centers at all; all the board said was that the bacteria was dumped by “an industrial user within the system.”
Then Exie Brown, a Cheyenne resident and GOP candidate for state house, blasted a press release out on social media declaring “a credible source with knowledge of the [board] investigation and sampling” told him the “industrial user” was a data center.
I reached out to Brown asking how he learned about this. His answers were cryptic. “I was given a piece of paper with that name of a bacteria on it,” he told me over the phone, declining to name the “very credible source” who told him about the contamination. “That it was released into our waste water system, that it came from a data center, that it was Meta, that they found out in February, and I needed to check into this.” When I asked why the piece of paper, he replied: “Because they [the source] wanted to keep this quiet. Off the phones and stuff.”
City officials deny any malintentions behind the delay and claim they’re learning about all of this at the same pace as the average resident. “We learned here a week or so ago,” Cheyenne mayor Patrick Collins told me in an interview. He added this wouldn’t have stirred as much interest “had it been something else,” referencing the fact it was from a data center.
“As I understand it, the contractor that was building the site was flushing out a closed-loop cooling system, and when they tested the water everything seemed to be fine, but when it was released into our system, bacteria had grown and was released into our wastewater treatment,” Collins said. “It just happened to be a data center. It’s an unfortunate and highly regrettable situation.”
The mayor acknowledged this contamination will make it “a little tougher” to argue for more data centers in the city. There are currently 10 operational data centers in Cheyenne and surrounding Laramie County, according to estimates from pro-business group Cheyenne LEADS, which has said five projects are under construction – including the Meta facility – and at least nine others are “in various stages of planning or due diligence.”
On Monday, the Cheyenne city council will vote on whether to annex land owned by various nearby property owners for more data center deals, including parcels owned by the family of U.S. Senator Cynthia Lummis. Before this event, Cheyenne was incredibly resistant to the anti-data center backlash, handily rejecting proposals to pause development.
Collins thinks Cheyenne will still be open to the tech sector. But the bacteria changed things. “I recognize there’s going to be challenges as we move forward. It’s something we’re going to have to look into. This was a regrettable situation that happened.”
We will see more transparency soon from the Cheyenne city government about the contamination. The board tells me it’s planning a press conference next week where Lamb told me “more information will be made available.”
Francis Brennan, a public affairs manager in the company’s strategic response division, provided me with a statement from an unnamed “Meta spokesperson” claiming that Fortis – the construction company hired by Meta and Goat Systems LLC – was directly handling water disposal on site. After the board “shared that it found a substance in the city’s wastewater” the construction company “began hauling it offsite.” Meta claimed Fortis has not been able to corroborate the presence of this bacteria in comparable water samples.
“Meta is committed to being a good neighbor in Cheyenne, including through the protection of local water resources, and will continue encouraging collaboration between Fortis and the board until this situation is revoked,” the statement read. Meta declined to answer follow-up questions..
Fortis confirmed they were responsible for dumping water on site when the contamination was discovered. They stated they’ve been unable to confirm the presence of the bacteria. In a statement provided to me, the company said: “Immediately upon learning of the issue, we stopped discharging water into the city’s wastewater system. We have since engaged in a thorough investigation that has included ongoing repeat testing by independent environmental specialists and have found no trace of the substance.”
A conversation with Ross Marchard of the Taxpayers Protection Alliance
This week’s conversation is with Ross Marchard, executive director for the Taxpayers Protection Alliance, a center-right advocacy group that focuses on what it sees are onerous policies potentially hindering responsible collection and use of tax dollars. TPA’s position on AI clearly skews pro-free market, as they’ve recently defended Anthropic from Trump administration attacks. TPA also recently took on the mantle of defending data centers from noise complaints, publishing a paper on Tuesday “debunking myths about data centers being excessively noisy.” The paper references various analyses of data centers by state legislators and local regulators to argue that claims the sector is generally noisy are false.
I asked TPA’s executive director to chat with me about why and how the organization will try to quell these fears. The conversation was really interesting so I decided to share it with you in full, sans light editing for clarity and consistency.
What prompted you to write this report?
Obviously, data center projects have been getting so much media attention. With that attention there’s an outsized share of misinformation in coverage of these data center projects, and politicians have irresponsibly spread this misinformation to try and enact moratoria and heavy-handed restrictions on these projects
TPA wanted to get the truth out. Make sure local residents living alongside these data centers have access to all the information they need. Make sure this misinformation is countered.
Before we get into the noise aspect, how is this focusing on “taxpayer protection”?
Sure, well, great case in point is Loudon County. They’ve embraced data centers and look what’s happened, they take in a billion dollars a year in revenue from these data centers and it’s allowed them to lower property taxes. You see a wider pattern across communities. They rake in a tremendous amount of tax revenue and increasingly common well-paying jobs, six-figure blue collar jobs that are a direct result of allowing data centers into communities.
I know you’re based in D.C., near Loudon County. I went to a data center in Sterling, Virginia, in that county, and it was especially noisy. Sort of a worst case scenario on that. Your report talks about misinformation around noise and data center – where is the misinformation happening on this issue?
We saw a recent court case out of New Jersey that alleges data centers generally are as loud as helicopters. Look, anything is possible for a particular project. But what we can say based on our analysis of the data, studies and sound impact assessments, and analyses by state and local governments is that this isn’t the case for the vast majority of data centers.
No use of land is going to be sound-free. I live right on Georgia Avenue in Washington, D.C., so I know noise. But everything we analyzed showed data centers and energy generation on site are going to make some noise but not enough to be harmful to human health. Often it’s no louder than the typical conversation between two people.
Speaking of Loudon County, though, I can point to an example of a project I myself visited that was I’m sure welcomed at first on tax revenue grounds. Now people seem to regret that decision.
As someone trying to address those who are concerned, is it helpful for you to really just call this concern rooted in misinformation? Is this really going to be potent when projects like the one in Sterling exist?
First and foremost, it’s very important to listen to people and their concerns. If folks are living alongside a data center and say they’re hearing loud noises, that warrants investigation. But it’s also important to look at the full array of evidence and we’ve done that. So far, it does not appear to be the case based on the overwhelming amount of evidence that is publicly available that data centers use a lot of water, use inordinate amounts of electricity, or are loud in a way that disrupts human health.
What do you think the policy solutions are to address these noise concerns? How do you listen to people, without going into overgeneralization, as you put it?
People tend to point out the loudest data centers are the ones with on site energy generation. If you ask the operators of data centers and the companies building data centers, they’ll tell you more often than not the reason they’re putting generation on site because the utility permitting process takes far too long. That’s the result not necessarily of utility regulations but state regulations foisted upon utilities. So you have to look at everything from state regulation to grid operation regulation. If you make the process easier for data centers to get hooked up to the grid, you’ll see less on site energy generation, and a lot of the noise complaints will go away.
So from your standpoint, a solution to the noise complaint is that it should be easier to hook up to the grid?
Yes. If you allow data centers to get hooked up to the grid, you’ll see fewer diesel generators and that’ll mean fewer noise complaints.
Now, I want to be clear, the vast majority of data centers with noise complaints – those are usually because of on-site energy generation – are not unduly noisy. If you want to cut down on those complaints, what makes the most sense is to make it easier for data centers to hook up.
Fun question to close: what was the last song you listened to?
“Yellow” by Coldplay.
Are you listening to “Yellow” while you’re writing about data centers?
I listen to the song sometimes when I’m writing about data centers. It’s also a very good somber reflection song, which is a pretty common sentiment amongst millennials.
The enhanced geothermal company just announced a new 19,448-foot well.
Enhanced geothermal company Fervo has drilled another well.
This one is 19,448 feet deep, the company announced Thursday, and includes a 7,500-foot span laterally across the sub-surface. The well — called Sawtooth 7, part of Phase II of its flagship Cape Station project in Milford, Utah — took 21 days to drill, the company said. That matches the time required to drill the wells in Phase I, though the new one is nearly 35% deeper than those, on average, with a 50% greater lateral extension.
The greater depth and distance means greater energy potential from the well, while faster drilling times mean much lower costs. Tim Latimer, Fervo’s co-founder and chief executive, compared the timeline to that of the company’s 2022 Project Red well in Nevada, which achieved a depth of 11,220 feet in 70 days.
“Today, we are drilling deeper, hotter wells that will produce multiples more [megawatts] per well than our Project Red pilot, and we are doing it in a fraction of the time,” Latimer wrote.
Fervo says that its drilling rates at the Cape Station site have improved by 143% since it broke ground there in 2023.
The company says it’s now on track to get project costs down to $5,500 per kilowatt, working toward a goal of $3,000 per kilowatt over the long term. In its IPO filing, Fervo said costs at Cape Station were around $7,000 per kilowatt, indicating significant improvements in drilling efficiency in a relatively short period of time.
The news should be welcome to Fervo and its investors. Shortly after going public in May, the company announced that one of its Utah wells blew out. The company said at the time that there were no injuries, nor was there any environmental damage or “material impact to either cost or schedule of the project” at Cape Station.
Fervo raised almost $2 billion in its IPO, which it said will go to fund further progress on the flagship installation. Shares were trading at around $26 on Thursday afternoon, just shy of their $27 IPO price and up over 13% on the day.