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Chris Wright and Doug Burgum started their reign this week by amplifying the president and beating back Biden-era policies.

The Trump administration’s two most senior energy officials, Secretary of the Interior Doug Burgum and Secretary of Energy Chris Wright, are both confirmed and in office as of this week, and they have started to lay out their vision for how their agencies will carry out Donald Trump’s “energy dominance” agenda.
Where the Biden administration sought to advance traditional Democratic policy around public lands (namely, to expand, conserve, and preserve them) while also boosting the development of renewable energy, Burgum and Wright have laid out something of the inverse approach: Maximize the production of domestic energy and minerals, with a focus on fossil fuels, and to the extent non-fossil fuels are a priority, they should be “baseload” or “firm” power sources like nuclear, hydropower, or geothermal.
If Michael Pollan’s basic dietary guidance is “eat food, not too much, mostly plants,” then the Burgum-Wright energy policy might be, “produce energy, as much as you can, mostly fossil fuels.”
Burgum and Wright each laid out his philosophy in the form of secretarial orders, the agency equivalent of an executive order.
“Our focus must be on advancing innovation to improve energy and critical minerals identification, permitting, leasing, development, production, transportation, refining, distribution, exporting, and generation capacity of the United States to provide a reliable, diversified, growing, and affordable supply of energy for our Nation,” reads Burgum’s “Unleashing American Energy” order.
“The Department will bring a renewed focus to growing baseload and dispatchable generation to reliably meet growing demand,” reads Wright’s first secretarial order.
Burgum’s orders are largely Interior-specific elaborations of Trump’s early round of executive orders. In “Addressing the National Energy Emergency,” Burgum echoes Trump’s executive order declaring — you guessed it — a national energy emergency, calling for the department to “identify the emergency authorities available to them, as well as all other legal authorities, to facilitate the identification, permitting, leasing, development, production, transportation, refining, distribution, exporting, and generation of domestic energy resources and critical minerals.” He also criticizes the Biden administration for having “driven our Nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.”
In another order, “Unleashing American Energy,” which follows a similarly titled executive order, Burgum cites the Trump administration’s call for deregulation to allow more extraction of energy commodities and energy production: “By removing such regulations, America's natural resources can be unleashed to restore American prosperity. Our focus must be on advancing innovation to improve energy and critical minerals identification, permitting, leasing, development, production, transportation, refining, distribution, exporting, and generation capacity of the United States to provide a reliable, diversified, growing, and affordable supply of energy for our Nation.”
The order calls for the Interior department to examine a number of Biden-era guidelines and rules, including 2024’s public lands rule, formally known as Conservation and Landscape Health, which went into effect last June. The rule put landscape preservation on a similar plane to energy development, mining, logging, or grazing among uses for public lands, and was opposed by a number of interest groups, including the ranching and energy industries.
It’s not just public lands that will be more open to fossil fuel exploration and extraction, it’s also the seas. Burgum issued an order following on Trump’s attempt to roll back restrictions on offshore drilling, notifying the department that “all Biden [outer continental shelf] withdrawals of the OCS for oil and gas leasing have been revoked.”
Two other orders were primarily deregulatory. One implemented the Trump guideline that “for each new regulation that they propose to promulgate, they shall identify at least 10 existing Department regulations to be eliminated.” And the other followed on Trump’s order opening up Alaska to more mining and energy extraction, which, among other actions, revoked a 2021 order cancelling oil and gas leases in the Alaska National Wildfire Reserve and reinstated a Secretary’s Order issued by then-Interior Secretary Ryan Zinke in 2017 opening up Alaska for more oil activity, which itself reversed a 2013 order limiting oil and gas development.
While Burgum’s orders focus on the energy potential beneath the ground and the sea, Wright’s first secretarial order is a celebration of energy writ large, consistent with his often articulated views on the subject. “Energy is the essential ingredient that enables everything we do. A highly energized society can bring health, wealth, and opportunity for all,” he writes.
The document starts by talking down net-zero goals, saying that “net-zero policies raise energy costs for American families and businesses, threaten the reliability of our energy system, and undermine our energy and national security.”
“Going forward,” it says, “the Department’s goal will be to unleash the great abundance of American energy required to power modern life and to achieve a durable state of American energy dominance.”
In Wright’s version of the “energy emergency” order, he commits the department to “identify[ing] and exercise[ing] all lawful authorities to strengthen the nation’s grid, including the backbone of the grid, our transmission system,” in order to deal with the “current and anticipated load growth on our nation’s electric utilities.” He also says the department will focus on “baseload and dispatchable generation to reliably meet growing demand” — i.e. natural gas, along with some geothermal, hydropower, and nuclear.
In keeping with the president’s hostility or indifference toward the most widespread forms of renewable energy generation, Wright writes that the DOE will focus its substantial research and development efforts on “affordable, reliable, and secure energy technologies, including fossil fuels, advanced nuclear, geothermal, and hydropower,” and specifically calls out the Department’s fusion research for focus: “The Department must also prioritize true technological breakthroughs — such as nuclear fusion, high-performance computing, quantum computing.”
Wright refers to the energy department’s considerable research on renewables through its network of national laboratories only via implication, with an eye toward containing the funding demands of such work. “The Department will comprehensively review its R&D portfolio,” the order says. “As part of that review, the Department will rigorously enforce project milestones to ensure that taxpayer resources are allocated appropriately and cost-effectively consistent with the law.” Not mentioned at all was the department’s Loan Programs Office, which the Biden administration fortified by means of the Inflation Reduction Act. Bloomberg News reported that the department is looking to roll back some of the office’s loan guarantees to ensure that its funding awards “are consistent with President Trump’s executive orders and priorities.”
One area where there may be consistency between the Biden and Trump energy departments is in support for nuclear power.
Throughout the order, nuclear energy gets called out for praise and attention, while other forms of non-carbon-emitting energy go unmentioned. “The long-awaited American nuclear renaissance must launch during President Trump’s administration. As global energy demand continues to grow, America must lead the commercialization of affordable and abundant nuclear energy. As such, the Department will work diligently and creatively to enable the rapid deployment and export of next-generation nuclear technology,” Wright writes.
Like Burgum, Wright takes a dim view of Biden-era regulatory initiatives, committing the department to reviewing proposals for liquefied natural gas terminals and promising a “comprehensive review of the DOE Appliance Standards Program.” Scrapping or overhauling appliance efficiency rules, like other envisioned Trump policies, would also help bolster demand for energy writ large.
The orders, while consistent with Trump’s broad directives on energy policy, do not match the vitriol and dismissiveness towards renewables that Trump himself employs. But that may be cold comfort to climate advocates and renewables developers. In Burgum’s and Wright’s philosophy, renewables have been given pride of place in government policies, effectively holding down fossil fuel resources — and that is going to change.
In one order, Burgum directs the department to ensure that its policies do not “bias government or private-sector decision making in favor of renewable energy projects as compared to oil, gas, or other mineral resource projects.” And neither he nor Wright appears to see little role for the fastest growing sources of generation — solar — in American “energy dominance.”
That is also in keeping with what Trump has been doing to achieve his energy priorities, as opposed to what he’s been saying about “unleashing American energy.” During the chaotic first few weeks of this administration, federal officials do not appear to have been treating fossil fuel and renewables equally so much as they have been scrambling to comply with executive orders by obstructing renewable permitting and then reversing themselves (unless, of course, it’s offshore wind).
As Trump’s energy policy finds its feet, we’ll find out if energy dominance is really just fossil fuel dominance.
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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.”