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After a decade of leadership, voters are poised to overturn two of its biggest achievements. What happened?

Twenty years ago, you could still get away with calling Redmond, Washington, an equestrian town. White fences parceled off ranches and hobby farms where horses grazed under dripping evergreen trees; you could buy live chicks, alfalfa, and Stetson hats in stores downtown. It wasn’t even unusual for Redmond voters to send Republicans to represent their zip code in the state legislature, despite the city being located in blue King County.
The Redmond of today, on the other hand, looks far more like what you’d expect from an affluent (and now staunchly progressive) suburb of Seattle. A cannabis dispensary with a pride flag and a “Black Lives Matter” sign in the window has replaced Work and Western Wear, and the new high-performing magnet school happens to share a name with one of the most popular cars in the neighborhood: Tesla. But Washington is a state full of contradictions, and among Redmond’s few remaining farms is one registered under the winkingly libertarian name of “Galt Valley Ranch LLC.” It belongs to a multimillionaire who has almost single-handedly bankrolled the most significant challenge yet to Washington’s standing as a national climate leader.
Andrew Villeneuve, the founder of the Northwest Progressive Institute, a left-wing think tank also based in Redmond, told me he’s struggled to get voters to pay attention to ballot measures in the past. “I’ve had no such awareness issues this year,” he said. “Nobody’s like ‘Who’s Brian Heywood?’”
A hedge fund manager, multimillionaire, and recent California transplant, Heywood has in short order made himself the supervillain of Washington’s left. His Joker arc into politics involves fleeing the liberal dystopia of the Golden State in 2010 for the no-income-tax refuge of Washington, only to discover that Olympia was progressive, too. This year, he set out to personally “fix stupid things” in his adopted state by spending $6 million out of pocket on a signature-gathering campaign that ultimately landed four conservative initiatives on Washington’s general election ballot. (His campaign, Let’s Go Washington, is also allusively named, although Heywood told The Seattle Times that he is not a MAGA supporter.)
Two of the four ballot measures Heywood has willed before voters this November address standard small-government gripes: One would repeal the capital gains tax, and the other would allow workers to opt out of the state’s long-term care payroll tax. Others, however, will ask Washingtonians to vote directly on whether to repeal the state’s landmark cap-and-invest carbon-trading program (I-2117) or block its transition away from natural gas (I-2066).
“We’ve faced initiatives like these before,” Villeneuve told me, “but what is different is how many of them are coming at once.”
As in many Western states, it’s relatively easy for a motivated individual with means to collect the roughly 320,000 signatures needed for a petition to end up on the ballot in Washington. (Contract workers are paid up to $5 per signature, and they often descend on ferry lines, where bored motorists can be talked into putting down their names as they wait for the next boat.) But while rich activists have leveraged this system in the past — Washingtonians may remember the name Tim Eyman — the outcome of the ballot measures before voters this fall will be closely watched by other states and legislatures to gauge how directly popular bold climate progress really is.
“What happens in Washington will certainly have an impact on what happens around the rest of the country,” Leah Missik, the Washington deputy policy director at the clean energy nonprofit Climate Solutions, who also serves on the executive board of the No on 2066 campaign, told me. She added, “If these [laws] are in any way repealed or weakened, that is a sign to other states, and I think it would be incredibly damaging and incredibly unfortunate.”
Though politics in Washington have long been conservation-minded and, shall we say, crunchy (I grew up in Redmond), the state really began to stand out as a leader in progressive climate policy with Governor Jay Inslee’s election in 2013. During Inslee’s tenure, Washington committed to one of the most aggressive 100% clean energy pathways in the country, passed a wide-ranging building emissions law that RMI described as “significantly [raising] the level of ambition on what might be possible for other states,” and in 2023 enacted its landmark cap-and-invest program, called the Climate Commitment Act, which has generated over $2 billion in state revenue so far for transit projects, decarbonization initiatives, and clean air and water programs. Washington has even been credited with inspiring some of President Biden’s climate actions in office.
With Inslee, a Democrat, retiring at the end of this term, Let’s Go Washington’s campaign begins to appear designed to dismantle his legacy while proposing little in the way of alternatives. Hallie Balch, the communications director, denied this allegation in an emailed statement, telling me the initiatives “promote choice and affordability.” The cap-and-invest program, for example, “has not done what the governor said it would do,” she said, and “there are no metrics in place to track [its] success.”
Though the CCA’s cap covers about 75% of the state’s total greenhouse gas emissions, it’s true that we’re still a few years away from having a clear picture of the program’s results. (The law’s first compliance deadline for polluters isn’t until this November.) “The CCA has only been around for almost two years at this point, and so we haven’t yet seen the big emissions declines,” Emily Moore, the director of the climate and energy program at the Sightline Institute, a nonpartisan sustainability think tank that does not take an official position on initiatives, told me. “But what we are seeing,” she added, “is the money that it has generated for a whole suite of climate-friendly and community-friendly projects.”
There isn’t a revenue source remotely comparable to cap-and-invest available to fund the state’s transit, infrastructure, and community projects if the program goes away, meaning a repeal would have a dramatic impact on everything from bus service to salmon recovery projects to local heat pump and induction stove rebates, with most likely getting the axe. The program is also one of the main levers Washington has to reach its goal of reducing emissions 95% below 1990 levels by 2050. As one person involved in crafting the CCA described the upcoming vote on I-2117 to me, it’s “life or death for climate action in Washington.”
That’s partially because I-2117 wouldn’t only repeal the CCA; it would also bar the state and any municipality therein from implementing a new climate tax or cap-and-invest program at any point in the future. When asked what an alternative might be last week during a debate at Seattle University’s Department of Public Affairs and Nonprofit Leadership, Heywood vaguely proposed “something that works.”
“We always knew we were going to have to defend this program at the ballot box,” Joe Fitzgibbon, the majority leader of Washington’s House of Representatives and the chair of the House Environment and Energy Committee, who helped create the CCA, told me. He admitted that he’d expected such a defense to take the form of legislative elections, but 2022 came and went without a single backer of the CCA losing their seat. “I guess in hindsight, I thought we were out of the woods,” Fitzgibbon said.
Let’s Go Washington has labeled CCA a “hidden gas tax” and, bundled with its other initiatives, is running on the slogan “vote yes, pay less.” I-2117 is already the most expensive ballot measure campaign of this election cycle — and the most controversial, with Heywood campaigning at gas stations offering discounted gas, which opponents say violates vote-buying anti-bribery laws. But opposition to the initiative has also rallied a remarkable and unprecedented coalition of strange bedfellows in defense of the CCA, including over 500 businesses, environmental groups, health care organizations, faith leaders, tribes — as well as more than 30 breweries, “a very important coalition member in the state of Washington,” as No on I-2117’s communication director Kelsey Nyland quipped to me. Jane Fonda recently swung through the state to stump for I-2117; the ‘no’ campaign even has the support of the Green Jobs PAC, whose contributors include Shell and BP.
Almost all the advocates I spoke to about I-2117 were feeling optimistic ahead of Washington ballots going out at the end of this week, with the most recent Cascade PBS/Elway poll on the initiative showing support has dropped slightly since May; 46% now say they would vote no, over 30% who would vote yes. (Heywood has pointed optimistically to the number of undecided voters this leaves.) Still, it seems pretty unlikely that Washingtonians will repeal their cap-and-invest program.
I-2066 is a different story.
To the immense frustration of its opponents, Let’s Go Washington touts I-2066 as “Stop the Gas Ban.” The measure was only certified for the ballot in July, compared to January for 2117, meaning that organizers have had much less time to mobilize — several major national green groups, including Defenders of Wildlife and the Environmental Defense Action Fund, confirmed to me that they’d endorsed No on I-2117 but not considered a position on I-2066 — and are on the back foot to combat misinformation.
For one thing, there is no gas ban: I-2066, rather, would repeal parts of a Washington law directing its largest utility, Puget Sound Energy, to consider electrification alternatives before installing new gas pipes; scuttle a pilot effort to promote thermal energy networks as a gas alternative; and, most starkly, it would bar cities and towns, as well as Washington’s energy code, from “prohibiting, penalizing, or discouraging” gas appliances in buildings. “Discouraging” does a lot of work here. For example, Seattle’s building emissions performance standard, which doesn’t ban gas but nudges large developments toward a 2050 net-zero emissions target, could be in jeopardy.
Still, all of this is a lot to expect voters to sort through in the few minutes they might spend filling in the bubbles in their ballot, especially when Let’s Go Washington is making out its message to sound like one simply about energy choice. Add the opaque triple-negative climate campaigners have to sell (“vote no on a ban on banning gas”), and the messaging headaches grow more severe.
Earlier this month, the editorial board for the largest media outlet in Washington, The Seattle Times, endorsed a yes vote on I-2066, arguing for a slower transition away from fossil fuels that leans more heavily on natural gas. “Unfortunately, we are up against a network of fossil fuel corporations and their allies who have a lot of money and who are very invested in the status quo because it perpetuates their wealth and their influence,” Missik, who’s involved with the No on I-2066 campaign, told me, pointing to the Building Industry Association as well as Northwest Natural, National Propane Gas Association, and Koch Industries, who have backed the other side. I-2066 is also polling much better than I-2117; as of September, 47% of voters said they would vote yes, compared to 29% who said they’d vote no.
Rather than interpret those numbers as the electorate’s backlash to Washington’s climate progress, advocates argue they indicate how fossil fuel groups have successfully capitalized on the door propped open by Heywoods’s signature-gathering campaigns. It’s “because one guy opened his wallet; it is that simple,” Villeneuve, the founder of the Northwest Progressive Institute, said. “There is no grassroots movement to overturn these laws; it doesn’t exist. Brian Heywood brought this entire thing into being.” Or, as Missik put it: “Most Washingtons do believe in climate progress, whether or not this will be overridden by money. I sure hope not.”
All of this ultimately brings us back to the question of what Heywood’s whole deal is. With the singular exception of I-2066, his $6 million initiatives seem mostly doomed.
Some I spoke to floated the idea that Heywood and his allies are using Washington as a testing ground for dismantling climate action and seeing what sticks. “If it can happen here, it can happen anywhere: It can happen in California, it can happen in Colorado, it can happen in New York, it can happen in all these states that have passed really strong climate policies,” Caitlin Krenn, the climate and clean energy director of the nonprofit Washington Conservation Action, told me.
But there are other rumors, too. The Washington State Standard’s Jerry Cornfield recently quoted a local GOP chair calling Heywood’s initiatives “a powerful tool” that will “help get Republicans elected” — essentially, a turnout generator. (“We certainly want to see as many people as are eligible to vote exercise their right to make their voices heard, but our top priority is to educate voters about what's at stake with the initiatives this November,” Balch told me in response.) And then there is Heywood’s ranch. Republicans have long cosplayed as rural farmers and cowboys to tap into the masculine conservative fantasy of rugged individualism (what Texas Monthly once called “authenticity drag”). It’s essentially an image-building exercise — perhaps not so unlike positioning yourself as the guy who tried to rein in the state’s runaway Dems.
So far, Heywood has dodged questions about whether he plans to run for governor, and his campaign told me he “isn't using the initiatives as anything other than a way to bring broken policies directly to the people to vote on.” But with this year’s ballots going out to Washington voters today, it’s also a question for another time.
Regardless of what happens, many of the organizers I spoke to rejected the framing of Washington voters cooling on climate. One went as far as to tell me that the time, attention, and money Heywood has spent trying to roll back Washington’s progress is the highest compliment of all. “This is part of the process of doing big things,” Isaac Kastama, who was involved in enacting the CCA and now works for the advocacy group Clean and Prosperous Washington, told me. “If it’s not big and if it goes undetected, that probably means you’re not doing something serious enough.”
Editor’s note: This story has been updated to clarify the scope of I-2117 and correct what Let’s Go Washington has termed a “hidden gas tax.”
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Roads bring people, and people start fires.
The United States has more roads than you could possibly imagine. Eighty-three percent of the land in the Lower 48 lies within one kilometer of a road; if you’re seeking isolation, the furthest you can get away from one is likely only about 25 miles, in a far-flung corner of Yellowstone National Park.
The Trump administration wants to build even more. Earlier this week, the U.S. Department of Agriculture filed to rescind the nearly quarter-century-old Roadless Area Conservation Rule, which protects about 45 million acres of pristine national forest lands from the construction of — and dissection by — new permanent roads. The USDA’s given reason? That new roads will provide the access forest managers and fire practitioners need to better prevent wildfires in the nation’s most remote locations.
Fire ecologists immediately cried foul. Researchers have long understood that roads enable wildfire ignitions by bringing people — who are responsible for starting nearly 85% of fires — into the landscapes. Just this past January, new research found that wildfires ignited four times more often within 50 meters of a road than in an untracked, intact forest. “The notion that you can prevent fires by building roads seems to me precisely backwards when you look at what the science says,” Ben Goldfarb, the author of the road ecology book Crossings, told me.
But this past spring, Americans got a good idea of what wildfires look like when there aren’t roads around. Lightning storms in Northern Ontario ignited fires in an area so remote that officials found it “impossible to get firefighters on the ground” to fight them, per The New York Times, or even to react early with airplane water tankers. The result? More than 1.8 million acres burned in the province so far this year, with the resulting smoke causing the Midwestern U.S. and New England to experience some of its worst air pollution in decades.
“There’s a duality — roads are neither necessarily good nor bad from a fire perspective,” Eric Kennedy, an associate professor of disaster and emergency management at York University, told me. “They bring opportunities for ignition and they bring opportunities for firefighting.” Those opportunities include the aforementioned access for fire personnel, as well as serving as a fuel break so crews can gain a foothold against an approaching conflagration. In a populated area, more roads can also mean more evacuation routes when there is a disaster, preventing potentially deadly traffic jams.
Forest defenders were already suspicious of the administration’s motivations when it comes to wildfire policy. “There’s all of the Trump administration directives to increase logging on public lands, which rescinding the Roadless Rule helps to facilitate,” Goldfarb noted. Environmental groups have pointed to attempted legislation such as the Fix Our Forests Act, which removes obstacles for forest management methods, including timber harvest, as another example of how the administration is allegedly using wildfire as a cover to cut down and sell more trees.
Viewed in the context of recent changes by the administration to weaken the Endangered Species Act — namely, narrowing the definition of “harm” to a species to exclude disturbances to its habitat — rescinding the Roadless Rule can appear to follow a kind of rapacious internal logic that “wildlife doesn’t need habitat, and we can build roads wherever we want to disrupt” the forest, Goldfarb went on.
Fires igniting in remote areas is also not a new problem. Agencies adapt to the fire conditions in their areas, such as Quebec, which has an entire apparatus for fighting fires in tractless wilderness, including shuttling in fire crews via float plane. “You can fight fires via helicopter. You can also build temporary roads under the Roadless Rule,” Goldfarb said. As one Montana-based National Forest manager of 25 years recently wrote for a local newspaper, in his experience, “the Roadless Rule doesn’t pose an insurmountable barrier to good land management; it simply requires baseline analysis and thought before impacting the landscape.”
Those who are cynical about the Trump administration’s motivations also pointed me toward the grandiose scale of the Roadless Rule rescission. Fire managers frequently talk about the need for tailored, local, and precise responses to America’s wildfires, which run the gamut from grass fires to chaparral fires to forest fires in regions that both do and do not have histories of regular burning. Policymakers would more appropriately approach wildfire management fireshed by fireshed, they say, and through proposed management plans. Perhaps most notably, the Roadless Rule protects about half of the nearly 17 million acres of the Tongass National Forest, a temperate rainforest and one of the wettest locations in North America, which “does not experience wildfires like those in other places,” the Alaskan environmental conservation group SalmonState wrote in a statement with other advocates and business groups.
Most cynical, though, is the argument that the Trump administration is proposing rescinding the Roadless Rule at the same time that it has gutted the Forest Service that is supposed to maintain all those roads. The agency already struggles with an overwhelming backlog of maintenance projects, from washed-out bridges to erosion problems that impact the water quality in drought-stressed areas. If the USDA were really interested in using roads to combat wildfires, the line of thinking goes, then it would be investing more in the Forest Service, people told me, not less.
“The wildfire challenge really calls upon us to be able to hold different dimensions and different layers and seemingly contradictory ideas at the same time,” Kennedy said, again emphasizing that one can make the case that roads have benefits in certain contexts and scenarios. But while there may be a valid line of debate about when, where, and how roads can help with wildfire management, using the cudgel of a rescission, it doesn’t appear to be one the administration is interested in having.
The facility will power OpenAI’s 10-gigawatt data center in Pike County, Ohio.
The Trump administration aims to complete its environmental review of what would be the biggest fossil fuel power project in the country in just a few months, Heatmap has learned.
This news follows Monday’s announcement from OpenAI that it intends to lease a new 10-gigawatt data center under development in Pike County, Ohio, financed by a mixture of money from a SoftBank subsidiary and the chip company Nvidia. This AI hyperscale facility — known as the PORTS-Pike project — is expected to draw power from the largest gas power facility ever built in the United States, a 9.2-gigawatt facility sited on federal lands that would be built and owned by the Energy Department.
According to OpenAI, the data center campus will be built and started up in phases, with the first 800 megawatts starting construction this year and operational in 2028. That first phase will rely mostly on existing power infrastructure operated by AEP Ohio. How things progress from there will depend at least in part on the permitting and construction timelines for the new power plant.
Building large infrastructure of any kind on federal land or with significant federal investment typically triggers a review under the National Environmental Policy Act. I’ve been curious to find out what kind of review this particular project was going to get, especially after the administration allowed a NEPA review for a solar project to be repurposed for a data center on federal lands earlier this year.
Turns out some information about the PORTS-Pike permitting process is public. Before OpenAI confirmed its involvement with the site, the Trump administration added the project to the federal FAST-41 permitting dashboard, where it posts regular updates on the timeline for getting federal sign-offs. Per the lone federal notice available about the PORTS-Pike project, it will include “several data center buildings and power plants.” That will require at least two federal greenlights: an Army Corps of Engineers permit and approval from the Fish and Wildlife Service, which is being consulted about potential endangered bats in the project area.
The NEPA permitting work for this historically large data center-plus-fossil fuel power project began on July 10 and will conclude on December 23, the day before Christmas Eve, according to the Trump administration’s estimates. This comes after paperwork to begin the review was submitted to the Army Corps in May, per the federal notice — a total timeline of about seven months.
Those familiar with NEPA and the debate over permitting reform will likely be surprised by the speed of this review. It’s moving fast in part because the project is receiving just an Environmental Assessment, the lesser and smaller type of analysis than the EIS. I do not know why the government decided to take this route because the government’s NEPA review determination is not currently public, but I have asked the Army Corps to explain this move.
I’m not sure exactly how air permitting will fit into this NEPA review, as the Clean Air Act isn’t listed as a review step on the federal dashboard. The Ohio EPA has primary authority over permitting projects like these under the Clean Air Act, and I’ve reached out to them to confirm whether PORTS has submitted a permitting application. The state agency’s permitting database does not have any information on air permitting for the project, though it does include reports from third-party consultants confirming wetlands and protected species warranted reviews from the Army Corps and Fish and Wildlife.
Lastly, these timetables are not sacrosanct. Under the Fiscal Responsibility Act of 2023, agencies are supposed to complete environmental assessments within one year, but nevertheless they regularly fail to meet them. The White House’s Council on Environmental Quality said in a report to Congress last year that from mid-2023 to mid-2025, the Army Corps was the agency that most often missed these statutory NEPA deadlines for environmental assessments.
Still, news of this speedy review for a priority Trump project is sure to excite pro-data center advocates who see expedited construction as an imperative in the global AI arms race. It’s also guaranteed to put a foul taste in the mouths of environmentalists already frustrated by federal revisions to NEPA regulations they say elide analysis of climate impacts.
What’s undebatable in all this is that, as my colleague Robinson Meyer wrote, the PORTS project could ignite a new era of mega-gas plants. This permitting timeline couldn’t be more important for the future of the data center boom — and the nation’s greenhouse gas emissions.
SB Energy, the SoftBank subsidiary behind the data center project, did not provide comment before publication.
A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”