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On Alaska’s permitting overhaul, HALEU winners, and Heatmap’s Climate 101

Current conditions: Kansas, Oklahoma, and Arkansas brace for up to a foot of rain • Tropical Storm Juliette, still located well west of Mexico, is moving northward and bringing rain to parts of Southern California • Heat and dryness are raising the risk of wildfire in South Africa.
The Trump administration has started the process to roll back logging protections from more than 44 million acres of national forest land. On Wednesday, U.S. Secretary of Agriculture Brooke Rollins proposed undoing a 25-year-old rule that banned building roads or harvesting timber on federally controlled forest land, much of which is located in Alaska. “Today marks a critical step forward in President Trump’s commitment to restoring local decision-making to federal land managers to empower them to do what’s necessary to protect America’s forests and communities from devastating destruction from fires,” Rollins said in a statement. “This administration is dedicated to removing burdensome, outdated, one-size-fits-all regulations that not only put people and livelihoods at risk but also stifle economic growth in rural America.”
Environmental groups slammed the proposal for jeopardizing wildlife habitats and putting waterways at risk. “Communities depend on clear water filtered by roadless areas, animals depend on the unfragmented habitat that can only exist where there are no roads, and anglers depend on clean water in the streams where trout and salmon swim,” Ellen Montgomery, the director of Environment America’s great outdoors campaign, said in a press release. “We cannot let these essential forests be carved up by roads, obliterated by chainsaws, and contaminated by mines.”
Heatmap’s new Climate 101 series aims, as Heatmap deputy editor Jillian Goodman explained, to be “a primer on some of the key technologies of the energy transition.” That includes “everything from what makes silicon a perfect material for solar panels (and computer chips), to what’s going on inside a lithium-ion battery, to the difference between advanced and enhanced geothermal.”
This might be especially helpful for those still trying to find their way into the climate conversation, but we hope there’s something here for everyone. For instance, did you know that contemporary readers might have understood Don Quixote’s “tilting at windmills” to be an expression of NIMBYism? Well, now you do!
The federal Permitting Council signed a first-of-a-kind memorandum of understanding to work together with Alaska’s government to streamline permitting on critical infrastructure projects across the state. First established in 2015, the agency was designed to improve transparency and speed up the greenlighting of infrastructure approvals. But it had yet to forge such a close pact with an individual state. “Our team is ready to work with Governor Dunleavy to bring Alaska back into the energy spotlight, ending the neglect of the Biden Administration and bringing Alaska’s incredible natural resources to the rest of the world,” Emily Domenech, the Permitting Council’s executive director, said in a statement.
Domenech — a former staffer for House Speakers Kevin McCarthy and Mike Johnson who went on to serve as a senior vice president at Boundary Stone, a firm founded by alumni of the Obama-era Department of Energy — acted as something of a Republican sage for the clean energy industry. In an interview with Heatmap’s Matthew Zeitlin after last November’s election, she urged the industry to forge closer relationships with members of the current congressional majority. “If you ask Republicans to be for or against the IRA as a whole, they’ll be against it,” Domenech said, “But Republicans think about energy as a regional issue. So instead of forcing this one size fits all approach, IRA advocates would be smart to give people room to support only the policies that make the most sense for their state or region.”
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The Department of Energy selected another three companies to receive a special kind of nuclear fuel from its growing stockpile. HALEU — pronounced HAY-loo, an acronym for high assay low enriched uranium — is a reactor fuel enriched up to four times as much as traditional reactor fuel. The fuel is needed for all kinds of novel reactor designs, particularly those that use coolants other than water. Until recently, however, Russia’s state-owned Rosatom had enjoyed a virtual monopoly over its global supply. The Biden administration set aside billions for HALEU production. In April, the Trump administration selected five companies to receive some of the government-procured supply, including Westinghouse, Bill Gates’ TerraPower, and the Google-backed Kairos Power. Now the agency has picked another three:
Two firefighters battling the Bear Gulch fire on Washington’s Olympic Peninsula were arrested by federal law enforcement Wednesday. The reason for the arrests is unclear, according to the Seattle Times. Over three hours, federal agents from Border Patrol carried out an “operation on the fire,” demanding identification from members of two private contractor crews who were among the 400 firefighters battling Washington state’s largest active blaze. The Incident Management Team from the National Interagency Fire Center suggested that the action did not interfere with the efforts to tamp down the flames.
The American West is primed for wildfires right now. Following a lull in June and July, Heatmap’s Jeva Lange wrote that “the forecast for the Pacific Northwest for ‘Dirty August’ and ‘Snaptember,’ historically the two worst months of the year in the region for wildfires,” was full of warning signs, including low precipitation and abnormally high temperatures.

The 1.36 million solar panels at Vesper Energy’s Hornet Solar farm in Swisher County, Texas, one of the United States' largest single-phase solar projects, were overgrown with vegetation. So naturally, the company brought in sheep. More than 2,000 white, wooly ovines arrived this month and were allowed to roam the facility’s six square miles. “As Texas continues to lead the nation in solar energy growth, solar grazing highlights how innovation can support rural economies, preserve farmland, and strengthen the state’s reliable energy future,” Vesper said.
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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.”
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.