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With its Orchard One project in Wyoming, Spiritus thinks it can capture carbon from the air for less than $100 per ton.

Pretty much every startup that’s building machines to suck carbon dioxide from the atmosphere and stash it underground has claimed it will be able to get its costs down to less than $100 per ton — eventually.
But a new contender in the race, a San Francisco-based company called Spiritus, is making a compelling case that it could get there faster. On Tuesday, Spiritus announced plans to build its first direct air capture, or “DAC” project in central Wyoming, nicknamed Orchard One. The company will start small but ultimately wants to expand the facility to capture 2 million tons of CO2 per year.
Achieving that scale at the sub-$100 price point would be game-changing for direct air capture, which is still far too expensive to be a viable climate solution. Most companies in the field are cagey about revealing their current costs, but the industry-average price is believed to be between $600 and $1,000 per ton.
So what makes Spiritus different? Here are three reasons we’ll be keeping an eye on the company.
Spiritus’ project will not look anything like the industrial-style shipping containers full of fans that have become the defining form factor for DAC plants. The company’s central innovation is a squishy white ball that founder Charles Cadieu describes as an artificial lung.
“While it looks kind of simple, it's actually a breakthrough material that has an incredible amount of surface area,” he told me over Zoom, while holding one up and squeezing it like a stress relief toy. “And it has holes all over it that allow the CO2 to go right inside.” Though it’s about the size of a tennis ball, its branch-like interior structure has a surface area equivalent to a tennis court, he said.

The ball is made of a proprietary material that selectively attracts CO2 molecules. As air wafts through it, CO2 sticks to its interior surfaces like a magnet. Spiritus will manufacture millions of these balls, lay them out on trays, and stack the trays on tree-like rigs — hence the name Orchard One. Concept images depict a small colony of cylindrical structures that will house the trays, almost like miniature Wilco towers, sprouting up amid the Wyoming sagebrush.

After a few hours exposed to the elements, the balls, which Spiritus prefers to call “fruits,” will be full of carbon. The company will then transfer them to a separate chamber and apply heat, causing them to expel the CO2. That stream of carbon will be compressed and delivered to an underground CO2 storage well, while the fruits will be returned to their towers to live the same day over and over again.
Though the concept is somewhat whimsical, the company is making serious claims about its cost and performance. The biggest expenses for direct air capture projects are materials and energy, and Spiritus has made significant improvements on both fronts. Cadieu told me they can manufacture their sorbent for a tenth of the cost of other, “state of the art sorbents that are out there today,” and that “furthermore, it’s 10 times as effective” at capturing carbon. In other words, Spiritus claims it can capture more carbon from the air at a time, using fewer, cheaper materials than other methods.
Since the capture part of the process is passive, the company doesn’t need to use energy-intensive fans to filter the air. Also, the temperature required for the second step, where heat is applied to the balls to release the CO2, is lower than 212 degrees Fahrenheit — low enough to be generated using electricity. Cadieu said Spiritus plans to procure energy from renewable sources so that the entire process has net-negative greenhouse gas emissions.
Spiritus isn’t the only company with a low-cost sorbent and passive capture method. Notably, the DAC process pioneered by Heirloom, which opened its first commercial-scale plant in California last year, shares those features, but it requires much higher temperatures — 1,650 degree Fahrenheit — to isolate the captured carbon.
Though Spiritus still has to prove this all works as promised in the real world, the company has earned an early vote of confidence from Frontier, the coalition of tech companies with a $1 billion fund to help carbon removal scale. Last year, Frontier paid Spiritus $500,000 to buy its first 713 removal credits, each of which represents a ton of carbon that will be permanently sequestered underground. (The money is more of a development grant than anything indicative of the company’s costs.)
“We look for companies that learn and iterate quickly, and we were impressed by what we saw from Spiritus when they applied,” Joanna Klitzke, the procurement and ecosystem strategy lead at Frontier, told me. “And actually, since then, the team has made really strong improvements and steady progress on both their sorbent and their process performance.”
According to the company’s application for funding from Frontier, Spiritus estimates that for the first phase of Orchard One — when the project is capturing less than 2,000 tons per year — its levelized cost per ton of carbon will be about $149, not including the cost of burying the carbon underground. By phase two, at a scale of about 500,000 tons per year, it expects to get that cost down to less than $100. And by phase three, at the full scale of 2 million tons per year, it expects to achieve sub-$75 capture.
Cadieu told me the company is already in talks with large buyers to purchase carbon removal from Orchard One for “far less” than the per-ton price Frontier paid.
Spiritus doesn’t expect to have phase one of the project up and running until 2026. But it already has a running start. The land lease is locked down, the underground pore space where the company will inject the captured carbon has been identified, and a monitoring well is already scheduled to be drilled — according to its Frontier application.
Wyoming has proved to be a relatively welcoming place for this emerging industry. Orchard One is joining another direct air capture plant already under development in the southwest part of the state called Project Bison. Cadieu gave three reasons the project landed there: There’s a local workforce with relevant experience from the oil and gas industry, the state has the ideal geology to trap the captured carbon underground, and Wyoming has been at the forefront of developing clear regulations for carbon sequestration. It was one of the first states to gain authorization from the Environmental Protection Agency to permit carbon storage wells, and as of December had already permitted three. Another advantage in Wyoming is abundant renewable energy from wind farms.
Spiritus has yet to reveal exactly where in Wyoming Orchard One will be built, but Cadieu told me he has been in close contact with officials at the town, county, and state levels, and that the reception has been enthusiastic. He said the project will create “hundreds of jobs during construction” and “many dozens of jobs” when the facility is operating, and that the company will deliver a portion of its profits back into the community.
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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.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.