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A conversation with Matt Weiner on the Fix Our Forests Act and why the Senate needs to take action — now.

After the Los Angeles County wildfires in January, it seemed like the federal government was finally poised to do something about the decades of flawed forestry practices and land management policies that have turned the West into a tinderbox. On January 23, before the L.A. fires were even fully extinguished, the House of Representatives passed the Fix Our Forests Act on a bipartisan 279–141 vote, queuing up a bill that proponents say would speed and simplify forest and wildfire management projects that have gotten bogged down in a regulatory morass.
Then … not much happened. Though Republican Senators John Curtis of Utah and Tim Sheehy of Montana teamed up with Democrats John Hickenlooper of Colorado and Alex Padilla of California to write their own version of the Fix Our Forests Act for the Senate, the bill stalled after a summer spent focused on the reconciliation bill. Meanwhile, more wildfires made headlines.
Matt Weiner, the founder and CEO of the nonprofit advocacy group Megafire Action, wants to bring some urgency back. This week, the organization launched a six-figure ad campaign in Washington, D.C., aimed at spurring senators to get back to working on wildfire resilience and forestry reform. Though the bill’s approach is divisive — the House version drew initial pushback from more than 100 environmental organizations, including the Sierra Club, Natural Resources Defense Council, and League of Conservation Voters, for opening up large tracts of federal forest to logging, among other concerns — Weiner told me “there’s no huge substantive holdup in the Senate that is keeping it from getting to 60 votes.”
I caught up with Weiner this week to learn more about where things stand with the Fix Our Forests Act and talk through some of the bill’s more controversial regulatory rollbacks. Our conversation has been edited and condensed for clarity.
Catch our readers up: Why the Fix Our Forests Act, and why now?
We’re looking at a generational opportunity to change the way we do land management. This is the most significant change Congress has considered since the Healthy Forest Restoration Act, and maybe even since the original National Forest Act.
The smoke impacts of wildfires are killing more people than the flames. Wildfires are the most significant driver of PM 2.5 emissions growth in the country right now. The clean air community has done a fantastic job of reducing industrial emissions of PM 2.5, which has had real public health impacts, but those gains are in danger of vanishing because of the growth of wildfire smoke exposure.
Then there’s the climate. If you care about carbon emissions, this is a huge opportunity at a time when a lot of other climate issues seem to be on the backburner. The 2020 fire season in California — a particularly bad year — released enough carbon to undo 20 years of the state’s emissions reduction progress. The 2023 Canadian wildfires, if treated as a country, would have been the third-largest emitter in the world that year. And if you start thinking about Alaska and the Boreal burning in the way the West has been burning, it could potentially be game over for the climate. It’s important that people understand that this is an existential climate issue and that we have an opportunity to make progress in a bipartisan way.
You and I have chatted before — we first spoke about the Fix Our Forests Act almost a year ago, now. What’s happened in the past 12 months with the bill?
The bill passed the House right after the Los Angeles fires. The last time we spoke [in October 2024], the bill had passed the House in the previous Congress with a bipartisan margin. But this time, it got a much bigger bipartisan show of support: 64 Democrats and all the Republicans in the House.
The bill saw some changes and improvements to focus on the immediate needs in Los Angeles County [after the January 2025 fires] — things like improving the ability of a city like Los Angeles to gain access to Community Wildfire Defense Grant funding and improvements to the Wildfire Intelligence Center targeted at making sure it plays a role in helping local governments make decisions on where to place assets before a high risk event.
Then the bill went to the Senate, but instead of moving the House bill through, a group of senators came together to write a bipartisan version with some changes. Senator Curtis from Utah was the lead, along with Senators Padilla, Hickenlooper, and Sheehy. Their version included changes to the litigation section from the House bill, which had raised concerns among a lot of environmental organizations, as well as modifications to the permitting section. That earned the bill the support of more environmental organizations than the version from the House — they have the Nature Conservancy, the Environmental Defense Fund, the Audubon Society, and the National Wildlife Federation on board, as well as a lot of local organizations and wildfire groups like the Alliance for Wildfire Resilience.
But then a lot of the oxygen in the Senate was taken up by the reconciliation package. That put a pause on things through the August recess, and now they’re looking to hopefully mark up the bill during the October work period. We’re very optimistic about being able to get floor time. We think there’s a clear path to 60 votes in the Senate for this bill, and if there’s a good, constructive markup, it could be much more than that. There’s no substantive holdup as much as there is the ever-present fear of stasis and losing momentum. That’s why we launched an ad campaign with an eye toward building the urgency back up.
How did the ad campaign come together?
The idea was that this is a bipartisan issue, so where is the support? We didn’t need to launch a big persuasion campaign; we needed to highlight the absurdity of the fact that, eight months after Los Angeles, we still haven’t had any meaningful action from Congress. There is an opportunity before them that would make a big difference in wildfire policy writ large.
I’m interested in your focus on using “state-of-the-art science” and “new and innovative technologies” to address wildfires and forest health. What have you seen in this space that has made you excited?
The bill is about improving the planning and implementation of wildfire policy — especially mitigation work like treatment projects, but also in the built environment. A big cornerstone of that would be the creation of a new Wildfire Intelligence Center, which would use the most advanced technology to understand what our risk profile is on the ground across landscapes and jurisdictions. Right now, there is no one entity in government responsible for taking a comprehensive look at risk across landscapes, what we’re doing on the ground, and how that buys down risk.
At the same time, one of the things we’re negotiating is making sure that the Forest Service and the Department of Interior are positioned to work with some of the companies doing advanced modeling, detection, and tracking work — as opposed to having the government try to build its own clunky system. We’ve modeled it after successful efforts elsewhere in government, such as the Defense Innovation Unit and other Department of Defense and NASA programs that have been great at harnessing private sector innovation for government use. There’s also a new pilot program in the bill, in Section 303, that would create a pathway for the Forest Service to start identifying and piloting new technologies and give them a path to scale across the agency if they find that it helps them do the job better, faster, and cheaper.
The timber industry has collaborated with the Forest Service on fire suppression since the 1920s. In the decades since, “forest management” has at times been used as a euphemism for industry-friendly practices like tree thinning, which many ecologists say would allow invasive species and brush to flourish, and would actually worsen wildfires. How would cutting the red tape around “vegetation management activities” not be a handout to the timber industry?
We all know that the best tool for mitigation is good fire, prescribed fire, beneficial fire, and — where appropriate — managed fire, as well. Unfortunately, because we’ve taken fire out of these landscapes, forested landscapes in particular are so overgrown that you couldn’t introduce good fire even if you wanted to. So mechanical thinning has to be a part of this.
One of the tensions here is that the timber industry wants merchantable timber. They want the big trees, and in a lot of cases, those are the ones we want to keep in the ground with these projects. What we’re focused on is invasive species, overgrown areas, and dead trees from morbidity events like recent droughts so that we can reintroduce good fire at scale. If we all let it burn, like some have proposed, you’d end up with hundreds of thousands of acres of landscape burning at a time, like we saw in the [2021] Caldor fire, where nothing will grow back in a way we recognize for at least decades — and given climate change, maybe not ever.
It’s important to make sure that we don’t go back to the timber wars [of the 1980s and 1990s between environmentalists and loggers in the Pacific Northwest], but at the same time, we need to recognize that the biggest threat to our forests right now is catastrophic fire, not the timber industry. We want to deal with the threat at hand and make sure the pendulum that swung during the timber wars — for very good reason — against the timber industry comes back a little, but doesn’t swing too far in the wrong direction, either. The Senate bill strikes the right balance there.
A number of major environmental groups initially came out in opposition to the Fix Our Forests Act over numerous concerns, including that it erodes Endangered Species Act protections by exempting the Forest Service and BLM from the requirement to adjust land management policies as new information about how projects could affect threatened species arises. What is the other side of this tradeoff? How would limiting the consultation requirement advance the goal of reducing wildfires?
The biggest challenge right now is that, because of all of the regulatory hurdles, it can take upwards of a thousand days to get a project off the ground anywhere in the country. One great example of that is in the Angeles National Forest. They announced a fuel break maintenance strategy in 2020, but they were not able to get the requisite approvals until the start of December 2024. It took four years — and then the last of the permits that were most relevant to Altadena didn’t get approved until March, two months after the fire. There are very real consequences to this kind of delay, both for the environment and for human health and safety, that need to be taken into account.
If you take a step back and look at the bill, the main tool that it uses is not broad NEPA exemptions or writ-large changes in the law. It utilizes categorical exclusions, a method that has been used for energy projects in other areas and is increasingly sought after to advance targeted projects with public benefits.
One great example is the Tahoe categorical exclusion, on which a significant portion of this bill is based. It was a 10,000-acre CE created in 2016, which allowed for work that protected communities and ecosystems and got good fire on the ground. It’s work that directly saved South Lake Tahoe from the Caldor Fire. But one of the challenges right now is that the current level for CE is 3,000 acres, and when we’re talking about landscapes in forests that are hundreds of thousands of miles big and a fireshed that nationwide is 50 million acres, then 3,000 acres is not enough for it to be worth it for the Forest Service and Park Service and DOI officials to go through the CE process — which takes six months and is very rigorous.
But we also wanted to show restraint here for environmental purposes. We wanted to make sure that this was as targeted as it needed to be, and not overly expansive.
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A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.
The local government of Boulder City, Nevada had previously rejected a proposal for the computing facility, which would draw power from the existing electricity supply.
The U.S. government for the first time approved a data center on federal lands. What the Trump administration is pitching as a demonstration of bureaucratic speed and ambition in the era of artificial intelligence, however, is turning into the same sort of mysterious backroom deal that’s upsetting other communities.
On Monday, the Bureau of Land Management announced that it would allow a large AI data center to be built on a plot of federal land technically within the limits of Boulder City, Nevada. The approval was initially granted as a right-of-way in 2023 for the second phase of a solar project known as Townsite Solar, to be built by a joint venture between Skylar Opportunities LLC, a subsidiary of Houston energy trader Bill Perkins’ investment firm, and renewables developer Arevon. (Ironically, Perkins also just launched an ETF to profit from higher electricity demand.)
Earlier this year, the LLC overseeing the project — itself named Townsite Solar 2 — notified the city that it would change tack and instead construct a large data center on the site. There would be no new power generation installed — rather, the facility would hook up directly to an existing substation. This time, the backlash was immediate and fierce, and led Boulder City’s planning commission to reject the data center within city limits.
Quietly, Townsite Solar 2 had prepared a backup plan: The project would shift to federal land that was already approved to use for the second phase of the solar farm. It wasn’t until early July that the Boulder City government and its residents learned that BLM had given Townsite Solar 2 permission to advance the data center without any new public hearings or comment periods. According to BLM, the data center would be essentially like a solar farm, so it wouldn’t require any new review.
“The BLM concluded that the new proposed action — a data center — is essentially the same,” city government attorney Brittany Walker told the Boulder City council at a July 14 public hearing. “This is a departure from previous precedent and procedure as the BLM essentially sweepingly approved a new land use without following processes in federal law.”
Boulder City is now fighting the federal assessment. Walker claimed at the July 14 hearing they weren’t notified ahead of time that Townsite Solar 2 would be so quickly approved and built on this parcel of federal acreage, a form of government-to-government communication often required under federal land use planning statutes.
Mystery continues to swirl around what BLM did here — and how Townsite Solar 2 got the agency to do it.
Nada Culver, who served as No. 2 at BLM under the Biden administration, told me that BLM had veered from the usual course of business in approving this data center. Consulting local governments before a decision is made “sits at the heart” of the Federal Land Management and Policy Act, which is the primary statute governing BLM’s land use decision-making, she said. Both that law and the National Environmental Policy Act are “supposed to involve the government actually looking at environmental impacts and sharing them. so it’s not responsible or arguably even legal for the BLM to say, ‘We aren’t going to look at those impacts or share them with the public,” she added.
Boulder City officials have said this is the first major data center approval on federal lands, to their knowledge. Culver told me she believed that to be true, and hadn’t heard of such a thing happening before. “This isn’t a niche BLM issue, so to try and say this is just another use when we’re all surrounded with this loud discussion at the national level about data centers is particularly stark.”
Patrick Donnelly of the Center for Biological Diversity told me his organization and the Sierra Club, another legacy conservation group, are planning a separate legal challenge, one they say is intended to stop more such swaps from happening. Donnelly noted that at least two more data center projects — both powered by on-site gas — are poised to start the federal permitting process at any moment, according to the BLM’s online materials.
“This is the first one, and it’s going to set the stage for these things on public lands, and we can’t let this happen,” he told me.
The timing of this fight couldn’t be worse for the Trump White House, as officials try to pivot towards a “feel your pain” message ahead of the 2026 midterm elections. On Thursday, utilities and data center developers joined Trump cabinet officials at the Environmental Protection Agency for a joint event promoting the administration’s Ratepayer Protection Pledge, a voluntary set of industry practices geared toward ensuring the cost of AI infrastructure isn’t borne by those living near it.
With the BLM’s decision to advance the data center on federal land, Boulder City will lose an estimated $2.3 million in annual leasing and taxation revenue that it would’ve received if the project were built on city land, according to the Las Vegas Review-Journal. If the project is built on BLM land, Boulder City officials have said they’ll still be forced to front the cost for water and sewage hookup to the facility, as well as road maintenance.
Townsite Solar 2 told me in an unattributed statement that it wants Boulder City “to receive the greatest possible revenue and contribution benefits from the project, regardless of siting on federally-owned or city-owned land.”
“TS2 wants the project to provide meaningful, measurable benefits for Boulder City residents, local businesses, and the broader community. Our goal is to develop a responsible, sustainable project that Boulder City can be proud of and that can serve as a national model.”
The people I talked to for this story were largely flummoxed at BLM’s determination that the data center would be “essentially like” the solar farm that was approved in 2023. “These are two unrelated projects,” Culver told me. “I find it very hard to see how this would not trigger the need for a new analysis or public engagement.”
BLM’s logic made my head hurt, too. Among other things, the agency said “both proposals will use the exact same location, same acreage, and same perimeter,” and “both are proposals for industrial uses that will operationalize cutting-edge technologies that are predominantly electrical and solid state in nature.” The agency also claimed the data center was just like the solar farm because construction would take approximately the same amount of time, and would involve facilities and changes that “are visually geometric and less than 30 feet in height.”
You could describe a data center this way, but you could also describe any other number of things this way: a grocery store, a factory, a rollercoaster.
When I asked BLM for comment, a spokesperson simply sent me back the text used in the press release announcing Townsite Solar 2’s data center approval. A press representative for Townsite Solar 2 declined to provide details about who handled government affairs for the data center project, except to say that it hadn’t hired any federal lobbyists.
Some of Trump’s loudest critics told me they think this deal happened because Arevon, a joint partner described as a key financier in the project’s application with Boulder City, hired lobbyists with The Bernhardt Group, a government relations firm created last year by former Trump Interior Secretary David Bernhardt. Arevon hired the firm around the same time Townsite Solar 2 initiated the process to use the federal land for the data center, according to federal disclosures.
I have a history with Bernhardt. After leaving the Trump administration in 2021, Bernhardt went on to run the Trumpworld think tank America First Policy Institute and released a tell-all book, You Report to Me, that called for the bureaucracy to stand down against — as he put it to me — “the interests of the executive.” (I interviewed him around the time of its publication, after which he gave me an unsolicited copy of the book that I keep at my bedside as a form of dark humor.)
These days Bernhardt’s firm represents oil interests, including energy companies, mining, and large-scale agricultural interests that use lots of water (think: almonds). But it’s also pitching itself to the AI energy commentariat. In May, the former Interior secretary authored an op-ed in The Washington Examiner calling for rapid investment in U.S. artificial intelligence infrastructure. He then took to right-wing TV network Newsmax to promote the column, arguing that people fighting to stop data centers were just trying to “oppose the president’s vision for energy dominance.”
It would be easy to point at these federal disclosures and online comments and claim this bizarre data center land use swap is the work of a familiar Trump-era boogeyan. Except Arevon was effusive to me in saying that is not what happened here. In a statement, the company said that it’s a passive member of the joint venture, holds less than 25% ownership stake, and has “not directly hired consultants or lobbyists for this project.”
I didn’t get a response from Overwatch, a data center engineering and design firm contracted to help with the project. Overwatch does have a director of government affairs, but their hire was announced months after the application would have been submitted to BLM.
This leaves us sleuths to conclude the likeliest reason this happened is also the most obvious one: Trump just wants data centers on federal lands, and this was a way to make that happen. What happens next will have enormous implications for the future of data center development and federal land use in the United States, especially if more companies facing federal permit stonewalling seek to turn their solar farm permits into permission to build AI infrastructure.