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A conversation with former congressman Bob Inglis.

Bob Inglis was snorkeling in Australia’s Great Barrier reef in 2008 when he had what he called “an epiphany.’’
The then-Republican congressman from a very conservative district in South Carolina had scoffed at climate change throughout his two terms in the House, but his certainty had begun to give way four years earlier when his son told him, upon turning 18, that he needed to “clean up his act on the environment.’’
The comment stung. Inglis was still thinking about it in 2008 during a congressional trip to Antarctica, where he saw researchers extract ice cores that showed steadily rising levels of carbon dioxide since the Industrial Age began. His belief that climate change was a hoax began to weaken.
It was on another fact-finding trip that Inglis toured the Great Barrier Reef. Alongside the Australian oceanographer Scott Heron, he saw that the once-colorful reef was being bleached and killed by warmer, more acidic waters. It was visible proof of the destructive power of climate change.
Heron, a fellow Christian, talked about the need to save the reef and the planet with such passion, Inglis said, that “I could see that he was worshipping God in what he was showing me. My metamorphosis was complete. I decided that I was ready to act.’’
The next year, Inglis co-sponsored legislation to impose a tax on carbon emissions. That “heresy’’ did not go over well in his district, and he was crushed in the 2010 primary, 71% to 29%. (The bill, meanwhile, never made it out of committee.) “I knew that I was making the right choice,’’ he said. “It’s a choice that I’d make again.’’
His newfound commitment to addressing climate change led him to launch a nonprofit group, RepublicEn, devoted to bringing conservatives into the climate conversation. Today, Inglis tours the country, doing about 100 events a year at conservative groups such as College Republicans, Rotary Clubs, hunting and fishing clubs, and local GOP organizations.
The following interview has been edited for length and clarity.
You’ve talked about how, as a Republican congressman, you refused to accept climate change because the issue was associated with Al Gore, a Democrat. Do you think that what political scientists call “negative partisanship’’ is a major reason why conservatives still resist action on climate change?
Yes, it is. That’s why we need credible messengers who can speak the language of the tribe and who can make the tribe believe that conservative ideas can add something to this conversation. Conservatives have an undeserved inferiority complex on climate and energy. We understand the concepts of negative externalities and market distortion and accountability. Free enterprise — accountable free enterprise — can fix climate change.
You are referring to the libertarian concept of negative externalities, actions that negatively affect other people. Can you explain how it relates to carbon emissions?
When you burn fossil fuels, you’re basically dumping trash into the sky. You don’t pay a tipping fee for putting carbon waste into the atmosphere and contributing to climate change, so there is an implicit subsidy for burning these fuels and belching carbon — in fact, it’s the granddaddy of all energy subsidies.
Take that subsidy away and everything changes. Virtually all coal would be quickly replaced with natural gas and wind and solar and other methods. If you use a tax to set the real price of carbon, the free market will figure out cheaper and better ways to produce electricity. Things will start happening faster. You’ll see more development of hydrogen and better batteries that don’t use lithium to store the energy created by solar and wind. Climate change is an economic problem. Just fix the economics and innovation will happen. That’s the language of conservatism, and it’s how I talk to conservatives about it.
Why do you believe a carbon tax is the best way to bring Republicans aboard?
It is still the most obvious way to solve climate change, and the most efficient. This is an idea that goes back to Milton Friedman in the 1980s, when he said, instead of trying to regulate polluters, tax pollution. Make them pay for their negative externalities. You tax the trash they dump into the sky, just the way we impose a cost for dumping trash on land. It has to be a substantial tax, and it has to be steadily rising to increase incentives to find other forms of energy that don’t turn the sky into a dump for emissions. If you do that, you don’t need tax incentives for solar and wind — the rising cost of fossil fuels will provide all the incentives they need. But you also need to make this tax apply to other nations and the goods they import into the U.S.
How do you do that?
You can put a tax on the carbon produced in goods imported from China. Sen. Bill Cassidy [R-Louisiana] recently proposed a foreign pollution tax like the carbon border adjustment mechanism the European Union has already adopted. We very much welcome this idea because it’s a way of making the transition away from fossil fuels worldwide. Many Republicans say it’s not fair if the U.S. lowers emissions while China can do what it wants. The beauty of a foreign pollution fee is that it addresses this problem in an efficient way. It creates economic incentives for China to reduce its own emissions.
A carbon tax has been talked about for a long time but has gone nowhere in Congress. Do you see any evidence that it’s more politically palatable today?
I think a carbon tax is like the rescue of the banks after the financial crisis in 2008. Until the banks collapsed, bailing out the U.S. financial system seemed impossible. But when the consequences of not doing it became clear, the bailout went from impossible to inevitable without passing through probable.
Several catalyzing events could propel the carbon tax forward. The most likely is the momentum created by the European border adjustment mechanism, which is really a carbon tariff. Companies in the U.S. who deal with Europe are going to be calling their members of Congress and Senators and saying, wouldn’t you really rather collect that revenue for carbon emissions here at home through a carbon tax rather than sending the money to Europe? At some point, the light will go on at the U.S. Capitol — wow, the Europeans are getting a lot of revenue with a tariff on carbon, and we could do that, too. We could do that to China. We could say, the stuff you are selling here, you have to pay a carbon tariff.
Another momentum-maker is our federal debt. If interest rates stay high, interest will really start eating more and more of the federal budget. I have always said that a carbon tax should be revenue neutral, but given what’s happening to the deficit, it could also provide that revenue. Necessity may force Congress to turn to what used to seem impossible.
Could extreme weather provide another incentive?
Yes, there could be some catalyzing climate event that really focuses the mind. I don’t know what it will be. During the civil rights movement, when Americans saw segregated cities turn the police dogs and fire hoses on protestors, it really turned the tide on Jim Crow. We’ve had so much extreme weather that people are getting desensitized to it, but there still might be a catastrophic event that changes people’s priorities.
This year, we’ve already seen some of the most extreme weather and weather-related disasters in recent human history — massive wildfires that darkened skies across the country, relentless heat waves, fierce storms, and destructive flooding. Do you see evidence that this is registering with conservatives?
A lot of people won’t change their minds because of what a scientist says. But experience is different. Experience is a harsh teacher. You can’t argue with the thermometer. You can’t argue with the yardstick showing that sea is rising. You can’t argue with the water coming into your home. In 2010, when I was getting tossed out of Congress, there was a lot of aggressive disbelief in climate change. People told me, I don’t believe in climate change, and you shouldn’t, either.
Right now, it’s quite different. Conservatives say to me, sure, you can switch to clean energy here, but what difference does it make if you don’t get the rest of the world in on this? Why should we do this alone? That’s when I talk about negative externalities and a carbon tax, and imposing a carbon tariff on China and other countries. That changes their perspective.
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What do you say to The Wall Street Journal conservatives who concede that climate change is occurring but insist that it’s less disruptive and cheaper to invest in adaptation to a hotter, more extreme climate?
Adaptation is a defeatist argument. Good luck building a seawall in Miami-Dade, for example. As sea levels rise, the water there is coming up into streets through the porous bedrock under that area. In South Carolina, go to coastal areas and you’ll see the big stands of pine trees dying because of salt water intrusion. In Montana, the forests are now filled with dead and dying trees because bark beetles that used to die in the winter now survive and go on attacking the trees year-round.
Adaptation won’t work in many places where people are going to lose what they love. It won’t work in New England when maple trees no longer produce maple sap for syrup because the winters are too warm. It won’t work at ski resorts that no longer have snow. When you stop arguing and pay attention to what you’re losing, you start saying, wow, how do we fix this?
Polls show there is still a big partisan divide on climate change. Do you think that can change?
The problem is no longer a lack of information. People can see what is happening. The problem is a lack of validation, and it’s a lack of hope. We need validation from conservative leaders that climate change is obviously real, and that we obviously need to do something about it. And we need to show conservatives that the free enterprise system can provide solutions once we get the true cost of carbon right.
If you keep telling people about all the terrible things happening and that we’re all hosed, it’s depressing. It makes people say, I don’t want to work with you. But if you can come to conservatives and say, we can light the world with new energy sources, and we can have more energy and more freedom and more manufacturing and more jobs — we can have a better world if we act on this. We can have true energy independence, so we don’t need to depend on energy from authoritarian regimes who chop journalists up into pieces. I’d like to be free of those people. I’d like to able to say to the Saudis, we don’t need your oil. Why don’t you see if you can drink that stuff?
The current Republican presidential field is not validating that climate change needs to be addressed.
In the first debate Nikki Haley did say climate change is real, but immediately pivoted to talking about how China and India have to lower their emissions, too. That’s a step forward, but it’s not enough. In 2018, when Republicans lost the House, it dawned on then-Majority Leader Kevin McCarthy and some other Republicans that you can’t win suburban swing districts with a retro position on climate change. So McCarthy convened a special Republican conference on climate, and the takeaway was, we need to get with it.
Polling data shows a majority of young conservatives and young evangelicals want action on climate change, and if you want to win in 2024, 2028, and 2032, you need to have a plan that you can talk about. But then Trump decided to run again, and he’s doubling down on climate disputation, and everyone in the party is afraid of the Death Angel. Trump can’t get anyone elected, but if he comes after you, he can get you killed in a primary.
But even if Trump wins, he will be a lame duck by 2026, and then the party is going to ask, where do we go next? My prediction at that point is that Republicans will be tired of reruns of the Trump show and will want a fresh approach that can win over young voters and suburban voters. And if he loses in 2024, that’s when you’ll have the reevaluation.
You’ve said of climate change, “We’re all in this together.’’ That sounds progressive — maybe even vaguely socialistic. Does that message resonate with conservatives who are suspicious of collective action?
[Laughs.] Maybe I should examine that statement more closely. But as a person of faith, I think it is just obvious we are literally in this fight together.
I think you can summon all Americans to a higher cause. I think if we can assure conservatives, I’m not trying to cancel you, and you have ideas to contribute to this discussion about the power of economic incentives, free enterprise, and innovation. You have to make conservatives feel that they have something important to contribute.
You have to make them feel they have something to gain from the solutions. If you the United States makes a bold move on carbon taxes and tells China and other nations, you have to pay a carbon tariff on the stuff you export to us, then it becomes an international effort to curtail emissions. Then conservatives start saying, we’re really talking about realistic and fair solutions. That’s when you can say, we need to take action because we do not want to lose this amazingly beautiful planet. That’s when you can say to them, we’re really all in this together.
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With construction deadlines approaching, developers still aren’t sure how to comply with the new rules.
Certainty, certainty, certainty — three things that are of paramount importance for anyone making an investment decision. There’s little of it to be found in the renewable energy business these days.
The main vectors of uncertainty are obvious enough — whipsawing trade policy, protean administrative hostility toward wind, a long-awaited summit with China that appears to have done nothing to resolve the war with Iran. But there’s still one big “known unknown” — rules governing how companies are allowed to interact with “prohibited foreign entities,” which remain unwritten nearly a year after the One Big Beautiful Bill Act slapped them on just about every remaining clean energy tax credit.
The list of countries that qualify as “foreign entities of concern” is short, including Russian, Iran, North Korea, and China. Post-OBBBA, a firm may be treated as a “foreign-influenced entity” if at least 15% of its debt is issued by one of these countries — though in reality, China is the only one that matters. This rule also kicks in when there’s foreign entity authority to appoint executive officers, 25% or greater ownership by a single entity or a combined ownership of at least 40%.
Any company that wants to claim a clean energy tax credit must comply with the FEOC rules. How to calculate those percentages, however, the Trump administration has so far failed to say. This is tricky because clean energy projects seeking tax credits must be placed in service by the end of 2027 or start construction by July 4 of this year, which doesn’t leave them much time left to align themselves with the new rules.
While the Treasury Department published preliminary guidance in February, it largely covered “material assistance,” the system for determining how much of the cost of the project comes from inputs that are linked to those four nations (again, this is really about China). That still leaves the issue of foreign influence and “effective control,” i.e. who is allowed to own or invest in a project and what that means.
This has meant a lot of work for tax lawyers, Heather Cooper, a partner at McDermott Will & Schulte, told me on Friday.
“The FEOC ownership rules are an all or nothing proposition,” she said. “You have to satisfy these rules. It’s not optional. It’s not a matter of you lose some of the credits, but you keep others. There’s no remedy or anything. This is all or nothing.”
That uncertainty has had a chilling effect on the market. In February, Bloomberg reported that Morgan Stanley and JPMorgan had frozen some of their renewables financing work because of uncertainty around these rules, though Cooper told me the market has since thawed somewhat.
“More parties are getting comfortable enough that there are reasonable interpretations of these rules that they can move forward,” she said. “The reality is that, for folks in this industry — not just developers, but investors, tax insurers, and others — their business mandate is they need to be doing these projects.”
Some of the most frequent complaints from advisors and trade groups come around just how deep into a project’s investors you have to look to find undue foreign ownership or investment.
This gets complicated when it comes to the structures involved with clean energy projects that claim tax credits. They often combine developers (who have their own investors), outside investment funds, banks, and large companies that buy the tax credits on the transferability market.
These companies — especially the banks, which fund themselves with debt — “don’t know on any particular date how much of their debt is held by Chinese connected lenders, and therefore they’re not sure how the rules apply, and that’s caused a couple of banks to pull out of the tax equity market,” David Burton, a partner at Norton Rose Fulbright, told me. “It seems pretty crazy that a large international bank that has its debt trading is going to be a specified foreign entity because on some date, a Chinese party decided to take a large position in its debt.”
For those still participating in the market, the lack of guidance on debt and equity provisions has meant that lawyers are having to ascend the ladder of entities involved in a project, from private equity firms who aren’t typically used to disclosing their limited partners to developers, banks, and public companies that buy the tax credits.
“We’re having to go to private equity funds and say, hey, how many of your LPs are Chinese?” David Burton, a partner at Norton Rose Fulbright, told me. This is not information these funds are typically particularly eager to share. If a lawyer “had asked a private equity firm please tell us about your LPs, before One Big Beautiful Bill, they probably would have told us to go jump in the lake,” Burton said.
Still, the deals are still happening, but “the legal fees are more expensive. The underwriting and due diligence time is longer, there are more headaches,” he told me.
Typically these deals involve joint ventures that formed for that specific deal, which can then transfer the tax credits to another entity with more tax liability to offset. The joint venture might be majority owned by a public company, with a large minority position held by a private equity fund, Burton said.
For the public company, Burton said, his team has to ask “Are any of your shareholders large enough that they have to be disclosed to the SEC? Are any of those Chinese?” For the private equity fund, they have to ask where its investors are residents and what countries they’re citizens of. While private equity funds can be “relatively cooperative,” the process is still a “headache.”
“It took time to figure out how to write these certifications and get me comfortable with the certification, my client comfortable with it, the private equity firm comfortable with it, the tax credit buyer comfortable with it,” he told me, referring to the written legal explanation for how companies involved are complying with what their lawyers think the tax rules are.
Players such as the American Council on Renewable Energy hope that guidance will cut down on this certification time by limiting the universe of entities that will have to scrub their rolls of Chinese investors or corporate officers.
“It’d be nice if we knew you only have to apply the test at the entity that’s considered the tax owner of the project,” i.e. just the joint venture that’s formed for a specific project, Cooper told me.
“There’s a pretty reasonable and plain reading of the statute that limits the term ’taxpayer’ to the entity that owns the project when it’s placed in service,” Cooper said.
Many in the industry expect more guidance on the rules by the end of year, though as Burton noted, “this Treasury is hard to predict.”
In the meantime, expect even more work for tax lawyers.
“We’re used to December being super busy,” Burton said. “But it now feels like every month since the One Big Beautiful Bill passed is like December, so we’ve had, like, you know, eight Decembers in a row.”
Deep cuts to the department have left each staffer with a huge amount of money to manage.
The Department of Energy has an enviable problem: It has more money than it can spend.
DOE disbursed just 2% of its total budgetary resources in fiscal year 2025, according to a report released earlier this year from the EFI Foundation, a nonprofit that tracks innovations in energy. That figure is far lower than the 38% of funds it distributed the year prior.
While some of that is due to political whiplash in Washington, there is another, far more mundane cause: There simply aren’t that many people left to oversee the money. Thanks to the Department of Government Efficiency’s efforts, one in five DOE staff members left the agency. On top of that, Energy Secretary Chris Wright shuffled around and combined offices in a Kafkaesque restructuring. Short on workers and clear direction, the department appears unable to churn through its sizable budget.

Though Congress provides budgetary authority, agencies are left to allot spending for the programs under their ambit, and then obligate payments through contracts, grants, and loans. While departments are expected to use the money they’re allocated, federal staff have to work through the gritty details of each individual transaction.
As a result of its reduced headcount, DOE’s employees are each responsible for far more budgetary resources than ever before.
“DOE is facing its largest imbalance in its history,” Alex Kizer, executive vice president of EFI Foundation, told me. In fiscal year 2017, DOE budgeted around $4.7 million per full-time employee. In the fiscal year 2026 budget request, that figure reached $35.7 million per worker — about eight times more.
Part of that increase is the result of the unprecedented injection of funding into DOE from the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act. The pair of laws, which gave DOE access to $97 billion, comprised the United States’ largest investment to combat climate change in the nation’s history.
The epoch of federally backed renewable energy investment proved to be short-lived, however. Once President Trump retook office last year, his administration froze funds and initiated a purge of federal workers that resulted in 3,000 staffers (about one in five) leaving DOE through the Deferred Resignation Program. The administration canceled hundreds of projects, evaporating $23 billion in federal support.
While the One Big Beautiful Bill Act passed last summer depleted some of the IRA’s coffers and sunsetted many tax credits years early, it only rescinded about $1.8 billion from DOE, according to the EFI Foundation. Much of the IRA’s spending had already gone out the door or was left intact.
This leaves DOE in a strange position: Its budget is historically high, but its staffing levels have suffered an unprecedented drop.

Even before the short-lived Elon Musk-run agency took a chainsaw to the federal workforce, DOE struggled to hire enough people to keep up with the pace of funding demanded by the IRA’s funding deadlines. The Loan Programs Office, for example, was criticized for moving too slowly in shelling out its hundreds of billions in loan authority. According to a report from three ex-DOE staffers that Heatmap’s Emily Pontecorvo covered, the IRA’s implementation suffered from a lack of “highly skilled, highly talented staff” to carry out its many programs.
“The last year’s uncertainty and the staff cuts, the project cancellations, those increase an already tightening bottleneck of difficulty with implementation at the department,” Sarah Frances Smith, EFI Foundation’s deputy director, told me.
One former longtime Department of Energy staffer who asked not to be named because they may want to return one day told me that as soon as Trump’s second term started, funding disbursement slowed to a halt. Employees had to get permission from leadership just to pay invoices for projects that had already been granted funding, the ex-DOE worker said.
While the Trump administration quickly moved to hamstring renewable energy resources, staff were kept busy complying with executive orders such as removing any mention of diversity equity and inclusion from government websites and responding to automated “What did you do last week?” emails.
On top of government funding drying up, Kizer told me that the confusion surrounding DOE has had a “cooling effect on the private sector’s appetite to do business with DOE,” though the size of that effect is “hard to quantify.”
Under President Biden, DOE put a lot of effort into building trust with companies doing work critical to its renewable energy priorities. Now, states and companies alike are suing DOE to restore revoked funds. In a recent report, the Government Accountability Office warned, “Private companies, which are often funding more than 50 percent of these projects, may reconsider future partnerships with the federal government.”
Clean energy firms aren’t the only ones upset by DOE’s about-face. Even the Republican-controlled Congress balked at President Trump’s proposed deep cuts to DOE’s budget in its latest round of budget negotiations. Appropriations for fiscal year 2026 will be just slightly lower than the year before — though without additional headcount to manage it, the same difficulties getting money out the door will remain.
The widespread staff exit also appears to have slowed work supporting the administration’s new priorities, namely coal and critical minerals. LPO, which was rebranded the “Office of Energy Dominance Financing,” has announced only a few new loans since President Biden left office. Southern Company, which received the Office’s largest-ever loan, was previously backed by a loan to its subsidiary Georgia Power under the first Trump administration.
Despite Trump’s frequent invocation of the importance of coal, DOE hasn’t accomplished much for the technology besides some funding to keep open a handful of struggling coal plants and a loan to restart a coal gasification plant for fertilizer production that was already in LPO’s pipeline under Biden.
Even if DOE wanted to become an oil and gas-enabling juggernaut, it may not have the labor force it needs to carry out a carbon-heavy energy mandate.
“When you cut as many people as they did, you have to figure out who’s going to do the stuff that those people were doing,” said the ex-DOE staffer. “And now they’re going to move and going, Oh crap, we fired that guy.”
Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”