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And it involves dumping 9,000 tons of fancy sand off the North Carolina coast.

When visitors flock to the beach this summer in Duck, North Carolina, a small, 6-mile long town on the Outer Banks, they may catch a glimpse of a climate experiment happening among the waves.
About 1,500 feet offshore, a company called Vesta will be pouring 9,000 tons of sand into the sea and watching carefully to see what happens next. This finely crushed rock will not be of the typical Outer Banks variety. Instead, it will consist of a mineral called olivine, which should enhance the ocean’s ability to absorb carbon from the atmosphere — and lock it away for thousands of years.
That the experiment can go ahead at all marks a milestone for ocean-based carbon removal, a category of climate solutions that prod the ocean into sucking up more CO2. A big obstacle for the field has been the lack of a legal framework for permitting real-world trials — U.S. laws governing the ocean weren’t written with the prospect of intentionally altering its chemistry to address an existential environmental crisis in mind. But after an 18-month interagency review process, Vesta is now the first company with a federal permit from the U.S. Army Corps of Engineers to deploy a stand-alone carbon removal test in U.S. waters.
Though 9,000 tons may sound like a lot, this is still a relatively small-scale pilot designed to assess how effective the olivine is in driving carbon removal, as well as observe any other changes in the environment and develop methods for tracking the movement of the sand in the water. These kinds of field trials are essential to establishing which marine carbon removal methods have potential and which don’t.
“We want to measure everything very carefully at this stage and make sure that we are fully understanding the safety profile and the carbon removal data from this project,” Tom Green, Vesta’s CEO, told me. But the company has big aspirations. If things go well, he said, maybe olivine could be used for beach nourishment projects all over the country, where sand is deposited along the shore to address erosion. “Imagine the carbon removal possibilities if we did that with olivine sand,” he said. “We could quickly become the largest technique for permanent carbon removal that's out there.”
Scientists generally agree that stopping global warming this century will require both reducing emissions and taking carbon out of the atmosphere. The sheer size of the ocean and its natural ability to store vast amounts of carbon make it an enticing place to look for solutions.
Dumping thousands of tons of non-native sand into the ocean may not sound like the most convincing option — especially since the ocean is already “experiencing unprecedented destabilizing changes through massive warming, acidification, deoxygenation, and a host of resulting effects,” according to an open letter published last year and signed by hundreds of scientists. However, despite this — or perhaps because of it — the letter called for accelerating research to find out whether any of the proposed ocean-based carbon removal methods, including releasing large quantities of ground olivine, are viable.
Olivine is an abundant mineral with special properties. When it comes into contact with seawater, it drives a chemical reaction that converts CO2 gas into more stable forms of carbon that can’t readily return to the atmosphere. This in turn creates a deficit of CO2 in the surface waters, which triggers the ocean to take up more from the atmosphere in order to maintain equilibrium.
Reactions like this are happening constantly in the ocean already, but on very slow timescales. Vesta’s innovation is to speed up the process by crushing and deploying olivine strategically where the wind and waves can most efficiently weather it away.

Olivine could address the harms of CO2 pollution in more ways than one. The ocean already absorbs about 30% of the carbon released into the atmosphere each year, which has made the water more acidic and less hospitable to many of its inhabitants. But when olivine triggers these reactions, it can act as a sort of antacid. This approach to carbon removal is also known as enhancing the ocean’s alkalinity and olivine is just one of a number of different ways to do it. Another company called Planetary is experimenting with adding a different mineral, magnesium hydroxide, to the ocean. Ebb Carbon, on the other hand, is sucking up seawater and running it through a membrane to increase its alkalinity, before returning it to the tides.
Both already have field trials up and running, but instead of trying to conduct stand-alone experiments in the open ocean they’ve hitched onto existing ocean dumping permits. Ebb, for example, has set up at the Pacific Northwest National Laboratory’s facility in Sequim, Washington, where it is releasing treated seawater into wastewater that flows into the bay. Similarly, Planetary is conducting pilot projects at the wastewater outflows of a water treatment facility and power plant in Canada. Other ocean carbon removal companies, such as Los Angeles-based Captura, have opted to move abroad for their early projects and avoid the U.S. permitting puzzle altogether.
Vesta went to Duck because it is among the most studied stretches of coastline in the country. The town is home to an Army Corps coastal field research center known for its long-term data set on the surrounding waters. “Few locations on the globe provide a better archive of wave, water, bathymetry and other forces that shape nearshore conditions,” according to the Army Corps’ website. (“Bathymetry” is the topography of the seafloor.) That means Vesta will be able to get a more accurate picture of any changes the olivine is responsible for.
When Drew Havens, the town manager in Duck, first heard about Vesta’s plans, he was skeptical. “You're dumping something into the ocean, people automatically go to, well, is it going to harm humans? Is it going to be harmful to wildlife or other living organisms?” he told me.
Though some in the town are still nervous, Havens said he has become more comfortable with the idea as the project has been rigorously reviewed by environmental protection regulators at the federal and state level. Vesta’s scientists also engaged with the town council, did an open house for members of the public, and have generally invited questions and open dialogue.
Just because regulators have determined that the risks of this pilot project are low, however, doesn’t mean using olivine for carbon removal is risk-free. For one, the rock has to be mined — in this case, from a quarry in Norway, although it is also found in the U.S. — and transported to the project site. That’s likely to produce some environmental impacts, though the company estimates that the project will ultimately remove about 10 times more CO2 from the atmosphere than the emissions associated with running the experiment, including the mining and shipping of olivine.
But the biggest risk with mined olivine is that it contains nickel, said Jaime Palter, an associate professor of oceanography at the University of Rhode Island who has no affiliation with Vesta. Nickel can act as both a nutrient and a toxin for phytoplankton, she told me, so it's important to study whether putting olivine in the ocean will result in adverse effects.
Vesta has been closely examining that possibility. In fact, the project in Duck will be the company’s second U.S. field trial. In the summer of 2022, Vesta got permission from the town of Southampton in Long Island to spread olivine on the beach as part of a larger sand replenishment project that was already in the works. Vesta’s scientists worked with local academic partners at Cornell, SUNY Stony Brook, and Hamilton College to do extensive monitoring both before and after the sand was placed, collecting data on more than 20 indicators of the effects on the water, sediment, and ecology.
The company has since published two annual reports on the project. It is still awaiting analysis of many of the samples, but so far, the results have been promising, Green said. There has been no sign of trace metal accumulation in Eastern Oysters, a species known to accumulate pollutants from their environment, for instance. There was also no significant difference in water quality between control areas and the sites with olivine, and trace metal concentrations were below the relevant EPA water quality guidelines. The area’s benthic macrofauna — critters like clams and small crustaceans that live on or near the seafloor — were as abundant and various as before.
Notably, the tests also showed evidence of an increase in alkalinity in the waters of the olivine-treated area, which is the key reaction that leads to carbon removal. But Green said there’s more work to be done in terms of calculating where and when removal may have happened.
There’s also more work to be done to understand the effects of olivine in different environments, which brings us back to Duck. There, it will be deposited in 25-foot deep water instead of on the beach, helping Vesta to further refine its data and measurement methods. The plan is to continue testing and collecting data at the site for at least two years. The company declined to comment on the budget for the project. Vesta is funded primarily by venture capital investors but also raises money for research through an affiliated nonprofit.
Vesta may have been the first to get a federal permit to run a marine carbon removal test, but it definitely won’t be the last. Nikhil Neelakantan, a senior project manager at Ocean Visions, which is a nonprofit that advocates for ocean-based climate solutions, told me there are a number of other domestic projects in the pipeline, including more than a dozen government-funded research projects. The White House also recently set up a marine carbon removal fast track action committee with the mandate to create recommendations for policy, permitting, and regulatory standards for both research and implementation.
Neelakantan said there is work to do on clarifying the role of different agencies in regulating ocean carbon removal, and which laws apply to each method.
“This is an early first step, and it's exciting to see that it's finally going to come to fruition,” he said, of Vesta’s project in Duck. “I think there's momentum with this federal task force. It's going to be the first of many others that will happen soon.”
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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.