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The president’s early executive orders give the once-and-future head of the Office of Management and Budget far-reaching powers.

When Donald Trump has talked about his new administration’s energy policy leaders, he has focused, so far, on a specific type of person.
You might call them energy insiders. At the highest level, they include Doug Burgum, the former North Dakota governor and incoming interior secretary, and Chris Wright, the fracking executive and incoming energy secretary. Both soon-to-be officials know a lot about how the energy industry works, and they hold beliefs about energy development that — while far from aligned with the climate policy mainstream — are directionally in agreement with many in the fossil fuel industry itself.
But based on a close reading of Trump’s initial executive orders, they are not the only officials who will wield power in the Trump administration. Instead, crucial energy policy will be decided in part by a small number of individuals who have no special insight into the energy industry, but who do have various dogmatic ideas about how the government and the economy should work. The most powerful of this second group is Russ Vought, a lead author of Project 2025 and the director-designate of the White House Office of Management and Budget.
Trump’s initial orders establish the White House Office of Management and Budget, known as OMB, as an unmistakable de facto power center for energy and climate policy in the administration. In clause after clause of Trump’s orders, energy officials across the federal government are told to consult with the OMB director before they can make a decision, rewrite a regulation, or disburse funding.
Even in more constrained presidencies, OMB has been a particularly powerful agency. As the largest office in the White House, OMB is in charge of writing the president’s annual budget proposal and working with Congress on legislation; one of its suboffices, the Office of Information and Regulation, approves new federal rules before they are finalized.
Vought’s vision for the agency goes far beyond those traditional lines, though. He believes that OMB can play a role in curtailing the size of the federal government and firing reams of civil servants. He argues that the White House can claw back funding that has been appropriated by Congress, even though the Constitution gives control over “the power of the purse” to Congress alone.
Trump’s executive orders suggest that Vought’s OMB will seek to uproot existing energy policy — and that some of his earliest attempts at freezing congressional spending may affect the climate.
A provision in Trump’s “Unleashing American Energy” executive order, signed hours after his inauguration, pauses all funding tied to the Inflation Reduction Act or Bipartisan Infrastructure Law until Vought personally approves of it.
This provision appeared to freeze all funding tied to either law for 90 days, a drastic move that could already violate Congress’s spending authority under the Constitution. The Impoundment Control Act of 1974, a federal law that governs this authority, allows the president to pause funding for 45 days, not 90. (Vought believes that this law is “unconstitutional.”)
Then it allows Vought and Kevin Hassett, who will lead Trump’s National Economic Council, discretion over whether that money gets spent. “No funds identified in this subsection … shall be disbursed by a given agency until the Director of OMB and Assistant to the President for Economic Policy have determined that such disbursements are consistent with any review recommendations they have chosen to adopt,” the order says.
After this order threw billions of dollars of federal highway and transportation funding into question, the White House seemed to walk back some of the policy Tuesday, clarifying that it only sought to block funding related to what it called President Joe Biden’s “Green New Deal.” (Even this change still leaves open exactly what funding has been frozen.)
This is not the only place where OMB appears in Trump’s energy orders. The “Unleashing American Energy” directive requires the head of the Environmental Protection Administration to reopen a study into whether carbon dioxide and greenhouse gases are dangerous air pollutants.
The EPA first found that greenhouse gases cause climate change — and are therefore dangerous — in 2009. The first Trump administration didn’t try to overturn this finding because it is scientifically unimpeachable.
The same order also says that OMB will soon issue new rules governing agency actions “when procuring goods and services, making decisions about leases, and making other arrangements that result in disbursements of Federal funds.”
Missing from the new executive orders is virtually any mention of the National Energy Council, the new Burgum-led entity that Trump has said he will create in the White House. It’s still unclear what role this body will play in the Trump administration, but it has been described as a nerve center for decision-making about all energy policy. The new array of orders suggest OMB may already be claiming part of that role.
That said, the Interior and Energy secretaries make their own appearance in the orders. The orders direct the Secretary of the Interior to investigate what can be done to speed up and grant permits for domestic mining. And the orders convene the Endangered Species Act’s so-called “God squad,” a council of agency heads that can override provisions in the conservation law. The Interior Secretary sits on this powerful committee.
The most significant sign of Wright’s influence, meanwhile, is that Trump’s declaration of an energy “emergency” calls out energy technologies that he favors or that his company has invested in, including geothermal technology and nuclear fission.
One possible reason for Wright and Burgum’s absence: Neither has yet joined the administration officially. Both are likely to be confirmed by the Senate on Thursday. They might want to talk to their colleague Russ Vought when they get in the door.
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A chat with CleanCapital founder Jon Powers.
This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.
The following conversation was lightly edited for clarity.
Alright, so let’s start off with a big question: How do investors in clean energy view Trump’s permitting freeze?
So, let’s take a step back. Look at the trend over the last decade. The industry’s boomed, manufacturing jobs are happening, the labor force has grown, investments are coming.
We [Clean Capital] are backed by infrastructure life insurance money. It’s money that wasn’t in this market 10 years ago. It’s there because these are long-term infrastructure assets. They see the opportunity. What are they looking for? Certainty. If somebody takes your life insurance money, and they invest it, they want to know it’s going to be there in 20 years in case they need to pay it out. These are really great assets – they’re paying for electricity, the panels hold up, etcetera.
With investors, the more you can manage that risk, the more capital there is out there and the better cost of capital there is for the project. If I was taking high cost private equity money to fund a project, you have to pay for the equipment and the cost of the financing. The more you can bring down the cost of financing – which has happened over the last decade – the cheaper the power can be on the back-end. You can use cheaper money to build.
Once you get that type of capital, you need certainty. That certainty had developed. The election of President Trump threw that into a little bit of disarray. We’re seeing that being implemented today, and they’re doing everything they can to throw wrenches into the growth of what we’ve been doing. They passed the bill affecting the tax credits, and the work they’re doing on permitting to slow roll projects, all of that uncertainty is damaging the projects and more importantly costs everyone down the road by raising the cost of electricity, in turn making projects more expensive in the first place. It’s not a nice recipe for people buying electricity.
But in September, I went to the RE+ conference in California – I thought that was going to be a funeral march but it wasn’t. People were saying, Now we have to shift and adjust. This is a huge industry. How do we get those adjustments and move forward?
Investors looked at it the same way. Yes, how will things like permitting affect the timeline of getting to build? But the fundamentals of supply and demand haven’t changed and in fact are working more in favor of us than before, so we’re figuring out where to invest on that potential. Also, yes federal is key, but state permitting is crucial. When you’re talking about distributed generation going out of a facility next to a data center, or a Wal-Mart, or an Amazon warehouse, that demand very much still exists and projects are being built in that middle market today.
What you’re seeing is a recalibration of risk among investors to understand where we put our money today. And we’re seeing some international money pulling back, and it all comes back to that concept of certainty.
To what extent does the international money moving out of the U.S. have to do with what Trump has done to offshore wind? Is that trade policy? Help us understand why that is happening.
I think it’s not trade policy, per se. Maybe that’s happening on the technology side. But what I’m talking about is money going into infrastructure and assets – for a couple of years, we were one of the hottest places to invest.
Think about a European pension fund who is taking money from a country in Europe and wanting to invest it somewhere they’ll get their money back. That type of capital has definitely been re-evaluating where they’ll put their money, and parallel, some of the larger utility players are starting to re-evaluate or even back out of projects because they’re concerned about questions around large-scale utility solar development, specifically.
Taking a step back to something else you said about federal permitting not being as crucial as state permitting–
That’s about the size of the project. Huge utility projects may still need federal approvals for transmission.
Okay. But when it comes to the trendline on community relations and social conflict, are we seeing renewable energy permitting risk increase in the U.S.? Decrease? Stay the same?
That has less to do with the administration but more of a well-structured fossil fuel campaign. Anti-climate, very dark money. I am not an expert on where the money comes from, but folks have tried to map that out. Now you’re even seeing local communities pass stuff like no energy storage [ordinances].
What’s interesting is that in those communities, we as an industry are not really present providing facts to counter this. That’s very frustrating for folks. We’re seeing these pass and honestly asking, Who was there?
Is the federal permitting freeze impacting investment too?
Definitely.
It’s not like you put money into a project all at once, right? It happens in these chunks. Let’s say there’s 10 steps for investing in a project. A little bit of money at step one, more money at step two, and it gradually gets more until you build the project. The middle area – permitting, getting approval from utilities – is really critical to the investments. So you’re seeing a little bit of a pause in when and how we make investments, because we sometimes don’t know if we’ll make it to, say, step six.
I actually think we’ll see the most impact from this in data center costs.
Can you explain that a bit more for me?
Look at northern Virginia for a second. There wasn’t a lot of new electricity added to that market but you all of the sudden upped demand for electricity by 20 percent. We’re literally seeing today all these utilities putting in rate hikes for consumers because it is literally a supply-demand question. If you can’t build new supply, it's going to be consumers paying for it, and even if you could build a new natural gas plant – at minimum that will happen four-to-six years from now. So over the next four years, we’ll see costs go up.
We’re building projects today that we invested in two years ago. That policy landscape we invested in two years ago hasn’t changed from what we invested into. But the policy landscape then changed dramatically.
If you wipe out half of what was coming in, there’s nothing backfilling that.
Plus more on the week’s biggest renewables fights.
Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.
Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.
White Pine County, Nevada – The Trump administration is finally moving a little bit of renewable energy infrastructure through the permitting process. Or at least, that’s what it looks like.
Mineral County, Nevada – Meanwhile, the BLM actually did approve a solar project on federal lands while we were gone: the Libra energy facility in southwest Nevada.
Hancock County, Ohio – Ohio’s legal system appears friendly for solar development right now, as another utility-scale project’s permits were upheld by the state Supreme Court.
The offshore wind industry is using the law to fight back against the Trump administration.
It’s time for a big renewable energy legal update because Trump’s war on renewable energy projects will soon be decided in the courts.
A flurry of lawsuits were filed around the holidays after the Interior Department issued stop work orders against every offshore wind project under construction, citing a classified military analysis. By my count, at least three developers filed individual suits against these actions: Dominion Energy over the Coastal Virginia offshore wind project, Equinor over Empire Wind in New York, and Orsted over Revolution Wind (for the second time).
Each of these cases are moving on separate tracks before different district courts and the urgency is plain. I expect rulings in a matter of days, as developers have said in legal filings that further delays could jeopardize the completion of these projects due to vessel availability and narrow timelines for meeting power contracts with their respective state customers. In the most dire case, Equinor stated in its initial filing against the government that if the stop work order is implemented as written, it would “likely” result in the project being canceled. Revolution Wind faces similar risks, as I’ve previously detailed for Heatmap.
Meanwhile, around the same time these cases were filed, a separate lawsuit was dropped on the Interior Department from a group of regional renewable energy power associations, including Interwest Energy Alliance, which represents solar developers operating in the American Southwest – ground zero for Trump’s freeze on solar permits.
This lawsuit challenges Interior Secretary Doug Burgum’s secretarial orders requiring his approval for renewable energy decisions, the Army Corps of Engineers’ quiet pause on wetlands approvals, and the Fish and Wildlife Services’ ban on permitting eagle takes, as well as its refusal to let developers know if they require species consultations under the Endangered Species Act. The case argues that the administration is implementing federal land law “contrary to Congress’ intent” by “unlawfully picking winners and losers among energy sources,” and that these moves violate the Administrative Procedures Act.
I expect crucial action in this case imminently, too. On Thursday, these associations filed a motion declaring their intent to seek a preliminary injunction against the administration while the case is adjudicated because, as the filing states, the actions against the renewables sector are “currently costing the wind and solar industry billions of dollars.”
Now, a victory here wouldn’t be complete, since a favorable ruling would likely be appealed and the Trump administration has been reluctant to act on rulings they disagree with. Nevertheless, it would still be a big win for renewables companies frozen by federal bureaucracy and ammo in any future legal or regulatory action around permit activity.
So far, Trump’s war on solar and wind has not really been tested by the courts, sans one positive ruling against his anti-wind Day One executive order. It’s easy in a vacuum to see these challenges and think, Wow, the industry is really fighting back! Maybe they can prevail? However I want to remind my readers that simply having the power of the federal government grants one the capacity to delay commercial construction activity under federal purview, no matter the legality. These matters can become whack-a-mole quite quickly.
Dominion Energy’s Coastal Virginia offshore wind project is one such example. Intrepid readers of The Fight may remember I was first to report the Trump administration might try to mess around with the permits previously issued for construction through litigation brought by anti-renewables activists, arguing the government did not adequately analyse potential impacts to endangered whales. Well, it appears we’re getting closer to an answer: In a Dec. 18 filing submitted in that lawsuit, Justice Department attorneys said they have been “advised” that the Interior Department is now considering whether to revoke permits for the project.
Dominion did not respond to a request for comment about this filing, but it is worth noting that the DOJ’s filing concedes Dominion is aware of this threat and “does not concede the propriety” of any review or revocation of the permits.
I don’t believe this alone would kill Coastal Virginia given the project is so far along in construction. But I expect a death by a thousand cuts strategy from the Trump team against renewable energy projects writ large, regardless of who wins these cases.