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The problem is, we don’t know how much energy it’s actually using.

The price of Bitcoin set a new all time high this week, crossing the $69,000 mark on Tuesday before falling back down to around $67,500 by Thursday afternoon. That almost certainly means Bitcoin’s energy usage is rising, too — although any chance of getting a precise idea of how much, even just in the U.S., may be delayed for months. Last week, the U.S. Energy Information Administration agreed to stop collecting data on crypto mining operations after a federal court in Texas put a halt on the project until the EIA goes through a more fulsome approval process.
That Bitcoin eats up a lot of power is beyond dispute. Bitcoin mining involves solving increasingly complex math problems, which at this point requires vast amounts of computing power; using outside data, the EIA estimated that crypto accounts for around 2% of the nation’s total electricity use. Both the industry’s electricity usage and how it participates in electricity markets have been subject to criticism from Democratic lawmakers, who have pushed for more information-gathering. If the price of Bitcoin continues to climb, that skepticism could ratchet up.
“There is a very direct relationship between the value of what is being mined by the miners and how much is being spent on electricity,” Alex De Vries, a cryptocurrency and energy researcher, told me.
An extensive New York Times investigation last year found that large-scale mining operations were “putting immense pressure on the power grid,” and that “their operations can create costs — including higher electricity bills and enormous carbon pollution — for everyone around them.” According to the University of Cambridge Judge Business School, Bitcoin’s energy consumption has risen about 50% in the past year, from an annualized rate of around 110 terawatt-hours a year just over 163 TWh, comparable to the electricity production of Ukraine or Pakistan. (That is, of course, an estimate, based on a model derived from the performance of mining hardware and the assumption that miners only operate with hardware that allows them to mine Bitcoin profitably.)
With all the attention on consumption and emissions, Bitcoin miners have been eager to portray themselves as, if not quite the goodies, at least not the baddies.
“The industry as a whole has a good story to tell about the energy piece,” Tom Mapes, president of a newly formed industry group called the Digital Energy Council, told me. He also told me that I “have to be realistic about it. We do use a lot of power — not to say that using power in every facet is bad.”
The feel-good Bitcoin energy story goes something like this: Crypto miners are always ready to use energy at the right price — and to shut things down at the right price, too. “We have the ability as a bulk power user of our size has the ability to flex load like no another,” Mapes said. “Datacenters cannot flex load like this. We can be built in as a tool to work within constraints of these grids.”
If a mining facility is co-located with an energy resource, it can be there to purchase power production that might otherwise be curtailed because there isn’t enough transmission capacity to get it to other customers. It can also be a buyer of first resort for a newly developed generator or it can keep an old one in business, as Bitcoin mining has with some fossil fuel generators.
“You tend to see Bitcoin miners anywhere there’s stranded energy and excess power,” said Margot Paez, a fellow at the Bitcoin Policy Institute. There are some examples of crypto mining co-located with renewables, but that does not always mean that the power they use is entirely renewable. There’s also a crypto mining operation set up at a nuclear power plant in Pennsylvania, adjacent to what will be an Amazon Web Services data center.
The main way crypto operations interact with the grid is not by supporting any particular resource, though, but rather by being flexible about when they operate. Shutting off when demand is high can be quite lucrative — sometimes even more so than the crypto mining itself.
Riot Networks, a mining company with extensive operations in Texas and a plaintiff in the EIA record collection suit, has become a flashpoint for crypto’s interaction with the electricity markets precisely because it eagerly shares data with investors and the public about its participation in programs to maintain grid stability. In August, when demand hit record highs and Texas consumers were asked to conserve energy, Riot reported $8.6 million in revenue from selling Bitcoins it had mined and $31.6 million either from selling power it had bought for a prearranged price back to the grid at the higher market price or from incentive payments for being willing to power down during demand spikes.
The company’s chief executive said that last August “was a landmark month for Riot in showcasing the benefits of our unique power strategy.” (Of the 34 large Bitcoin mining operations in the New York Times investigation, Riot was the largest and had the most fossil fuel consumption attributed to it.)
But that was then and this is now. The revenues Riot is deriving from Bitcoin mining are likely substantially greater than they were five or six months ago, as the price of Bitcoin has almost doubled. The company has told investors that it costs around $7,500 to mine a single Bitcoin, which could mean that it and other crypto miners operating strategically in the electricity market will be less willing to sell power back to the grid or turn off during demand spikes.
If you’re thinking this all sounds a lot like the conversation around demand response, well, so was I. Demand response is something climate people love to talk about. They want consumers to get paid for using less power when demand spikes, and they think it’s really neat that you can charge an electric car overnight when demand is low and want you to be able to sell that power back to the grid when demand gets high.
Putting energy consumers near renewables and other non-carbon-generating energy sources that can absorb excess power when renewable production is “too high” for the grid is something you hear about a lot with, say, hydrogen production or energy storage. Why let that energy go to waste when we could incentivize people to store it, instead?
But an electrolyzer or a battery is not just a clever way to figure out how to deal with the peaks and valleys of variable renewable energy resources like wind and solar, it’s also potentially a key component of a decarbonized energy system. It doesn’t just consume non-carbon energy, it can store and transfer carbon-free energy as well.
Crypto, on the other hand, takes energy, renewable or not, and turns it into money. It’s a greedy and flexible consumer of electricity, and there are market designs where non-carbon generators would be happy to work with such a consumer. But from the perspective of the energy system, a consumer is all it will ever be.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.