You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
The Department of Energy is advancing 24 companies in its purchase prize contest. What these companies are getting is more important than $50,000.

The Department of Energy is advancing its first-of-a-kind program to stimulate demand for carbon removal by becoming a major buyer. On Tuesday, the agency awarded $50,000 to each of 24 semifinalist companies competing to suck carbon dioxide out of the atmosphere on behalf of the U.S. government. It will eventually spend $30 million to buy carbon removal credits from up to 10 winners.
The nascent carbon removal industry is desperate for customers. At a conference held in New York City last week called Carbon Unbound, startup CEOs brainstormed how to convince more companies to buy carbon removal as part of their sustainability strategies. On the sidelines, attendees lamented to me that there were hardly even any potential buyers at the conference — what a missed opportunity.
Conference panelists asserted that the industry needed to rebuild trust. Purchasing carbon credits has become a risky strategy for companies. In one investigation after another, journalists and researchers have shown that many of the projects behind these credits fail to produce the climate benefits they advertise. There’s a class action lawsuit against Delta Air Lines for marketing itself as “carbon neutral” after purchasing such questionable carbon offsets.
Carbon removal credits are technically different from the offsets that companies bought in the past, which were based on projects that reduce emissions to the atmosphere rather than remove carbon that’s already heating the planet. But there’s still a risk of sham projects. And because the field is relatively new, there’s not yet a set of widely agreed-upon standards to measure and verify how much carbon is being removed.
The Department of Energy hopes that by selecting 24 companies that have been vetted by government scientists, it’s sending a signal to the private sector that there are at least some projects that are legitimate. “We can’t wait to invest in CDR until those standards have been codified,” Noah Deich, the agency’s deputy assistant secretary of carbon management, told me. “We need to invest now so that we actually get the data that we can use to inform the standards, and then over time codify those standards and strengthen and improve them.”
The semifinalists represent a wide range of carbon removal methods. Nine of the companies are building machines that capture carbon dioxide directly from the air. Seven take advantage of the natural ability of plants and algae to suck up carbon, and have developed systems to sequester that carbon for far longer than would otherwise occur. Five employ rocks that naturally absorb carbon and have figured out how to speed up the process. The last three capture carbon from the ocean, enabling the world’s biggest carbon sink to draw down more from the atmosphere.
To proceed to the final round, all of these companies will have to draw up contracts that say how quickly they will be able to remove the promised tons of carbon, and who they will work with to measure and verify the process.
The Biden administration is spending billions on research, development, and deployment of carbon removal. Some of the semifinalists, like Climeworks, Heirloom Carbon, and 1PointFive, were already selected for grants from the DOE to build the U.S.’s first “direct air capture hubs” — projects capable of removing one million tons of carbon from the air per year. But those hubs will fail if the companies don’t ultimately find buyers for their carbon removal. “Every single CDR project that we’re seeing today requires some sort of voluntary credit sale to be profitable,” said Deich.
The Department of Energy’s $30 million budget to buy carbon removal is relatively small. The semifinalists said they could deliver a wide range of credits with their share of the funds, from 3,000 over a three-year period, to more than 30,000. In any case, DOE is unlikely to afford much more than 100,000 tons of carbon taken out of the atmosphere, equivalent to about 0.002% of the CO2 the United States emitted in 2022. When distributed among 10 companies, it’s certainly not enough to finance a project. But Deich told me he sees this contest as a public-private partnership. The agency is challenging the semifinalists to leverage the DOE’s recognition to try and sell as many credits as they can. It’s one of the criteria they’ll be judged on for the final phase of the contest.
Several semifinalists I spoke with were optimistic the DOE’s backing would help. “One of the things that the private sector is wrestling with is the technical underwriting of various carbon dioxide removal technologies,” Barclay Rogers, the CEO of the carbon removal company Graphyte, told me. Graphyte’s process almost sounds too simple to work. The company takes discarded plant matter from forests and fields, dries it out so that it doesn’t decompose, compresses it into bricks, and then buries them. Graphyte has already built a small processing facility in Arkansas and secured a burial site that could store an estimated 1.5 million tons of CO2. Rogers was excited to have DOE’s backing as “a broad signal to the market of the viability of Graphyte’s carbon casting process.”
Others were grateful that the government was branching out to new technologies. To date, most of the DOE’s carbon removal programs have supported direct air capture. Companies working on other approaches have been shut out of funding opportunities, and some worry that this has contributed to a perception among buyers that direct air capture is the only valid method. “We think this is a huge step forward, since it’s really the first time not only that the U.S. government is going to become a purchaser of carbon removal, but also funding a full range of carbon removal solutions,” Nora Cohen Brown, head of market development and policy at Charm Industrial, told me. (Charm also buries plant waste underground, but in the form of oil.) “We really think that biomass CDR has immense potential,” she said. “It’s a big deal to have DOE’s blessing for that pathway.”
Edward Sanders, the chief operating officer of a startup called Equatic, told me that being a semifinalist meant the company would be able to build a plant in the U.S. much sooner than it initially planned. Equatic has developed technology to remove carbon from seawater, enabling the ocean to take up more carbon. It’s currently building its first large-scale plant in Singapore. “This tells prospective future buyers that there is a role to play in the near term in the U.S. for a marine-based pathway.”
Many of the companies on the list, including the three I just mentioned, have already been relatively successful in selling credits. Graphyte sold 10,000 to American Airlines. Equatic has a 62,000 deal with Boeing. Charm will remove more than 100,000 tons for Frontier Climate, a group of buyers that includes Stripe, Alphabet, Shopify, and Meta. But even though a handful of tech companies and airlines are buying carbon removal, these sweeping gestures are not enough to sustain the industry, let alone grow it to the scale that scientists say will be necessary to halt climate change.
DOE’s purchase may help increase confidence in some of these companies and approaches, but it may not do much to solve another problem: There’s little incentive for anyone to pay for carbon removal today, and it’s much more expensive than other options companies have to reduce their emissions. Credits can cost between several hundred to more than a thousand dollars each.
Deich said the agency was trying to set an example for other buyers. Instead of creating a net-zero target and searching for the cheapest credits to accomplish its goal, it’s prioritizing quality and only buying what it can afford. “We need to pay what it costs,” he said, “and then developers can develop projects and figure out how to do it cheaper so that over time, it starts to come down the cost curve significantly, and we can buy larger and larger quantities.”
But this is only the near term plan to help the industry mature. Ultimately, Deich doesn’t think that the voluntary trade of credits will be enough to support the levels of carbon removal that will make a difference in climate change. He sees this purchase prize program as a way to start building the government’s capacity to play a larger role. “There’s going to need to be some sort of mandate or public procurement that happens for the field to really scale beyond 2030,” he said.
Avnos, Inc. — direct air capture — 3,000 credits
Carbon America — direct Air Capture — 3,400 credits
CarbonCapture, Inc. — direct air capture — 3,333 credits
Climeworks — direct air capture — 3,500 credits
Global Thermostat and Fervo Energy — direct air capture — 3,500 credits
Heirloom — direct air capture — 3,030 credits
1PointFive — direct air capture — 3,861 credits
280 Earth — direct air capture — 3,000 credits
8 Rivers — direct air capture — 7,200 credits
Arbor Energy — biomass with carbon removal and storage — 8,000 credits
Carbon Lockdown — biomass with carbon removal and storage — 17,143 credits
Charm Industrial — biomass with carbon removal and storage — 5,000 credits
Clean Energy Systems — biomass with carbon removal and storage — 11,320 credits
Climate Robotics — biochar — 30,252 credits
Graphyte — biomass with carbon removal and storage — 30,000 credits
Vaulted Deep — biomass with carbon removal and storage — 10,320 credits
Alkali Earth — enhanced rock weathering and mineralization — 8,108 credits
CREW Carbon — enhanced rock weathering and mineralization — 7,500 credits
Eion — enhanced rock weathering and mineralization — 9,900 credits
Lithos Carbon — enhanced rock weathering and mineralization — 8,109 credits
Mati Carbon — enhanced rock weathering and mineralization — 4,561 credits
Ebb Carbon — marine-based carbon removal — 3,000 credits
Equatic — marine-based carbon removal — 6,521 credits
Vycarb Inc. — marine-based carbon removal — 3,000 credits
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
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.”