Energy experts: Executive order enhances federal permitting for AI data centers

Guest column

A new EO could streamline regulatory burdens for the development of data centers supporting AI. Getty Images

In an effort to accelerate the development of artificial intelligence, President Trump signed an executive order (EO) aimed at expediting the federal permitting process for data centers, particularly those supporting AI inference, training, simulation, or synthetic data generation.

Following the White House’s issuance of a broader AI Action Plan, the EO seeks to streamline regulatory burdens and utilize federal resources to encourage the development of data centers supporting AI, as well as the physical components and energy infrastructure needed to construct and provide power to these data centers.

Qualifying Projects

The EO directs several federal agencies to take actions to incentivize the development of “Qualifying Projects,” which the EO defines as “Data Centers” and “Covered Component Projects.” The EO defines “Data Center Projects” as facilities that require over 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation. The EO defines Covered Component Projects as materials, products, and infrastructure that are required to build Data Center Projects or upon which Data Center Projects depend, including energy infrastructure projects like transmission lines and substations, dispatchable base load energy sources like natural gas, geothermal, and nuclear used principally to power Data Center Projects, and semiconductors and related equipment. For eligibility as a Qualifying Project, the project sponsor must commit at least $500 million in capital expenditures. Data Center Projects and Covered Component Projects may also meet the definition of Qualifying Project if they protect national security or are otherwise designated as Qualifying Projects by the Secretary of Defense, Secretary of the Interior, Secretary of Commerce, or Secretary of Energy.

Streamlining Permitting of Qualifying Projects

The EO outlines the following strategies aimed at improving the efficiency of environmental reviews and permitting for Qualifying Projects:

NEPA Applicability: The Council on Environmental Quality (CEQ), in coordination with relevant agencies, is directed to utilize existing and new categorical exclusions under the National Environmental Policy Act (NEPA) to cover actions related to Qualifying Projects, which “normally do not have a significant effect on the human environment.” The EO states that where federal financial assistance represents less than 50 percent of total project costs of a Qualifying Project, the Project shall be presumed not to be a “major Federal action” requiring NEPA review.
FAST-41: The Executive Director of the Federal Permitting Improvement Steering Council (FPISC) is empowered to designate a Qualifying Project as a “transparency project” under the Fixing America’s Surface Transportation Act (FAST-41) and expedite its transition from a transparency project to a “covered project” under FAST-41. FPISC is directed to consider all available options to designate a Qualifying Project as a FAST-41 covered project, even where the Qualifying Project may not be eligible.
EPA Permitting: The US Environmental Protection Agency (EPA) is directed to modify applicable regulations under several environmental protection statutes impacting the development of Qualifying Projects on federal and non-federal lands. EPA is also directed to develop guidance to expedite environmental reviews for identification and reuse of Brownfield and Superfund Sites suitable for Qualifying Projects. Importantly, state environmental permitting agencies are not subject to the EO.
Corps Permitting: The US Army Corps of Engineers is directed to review the nationwide permits issued under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 to determine whether an activity-specific nationwide permit is needed to facilitate the efficient permitting of activities related to Qualifying Projects.
Interior Permitting: The US Department of the Interior is directed to consult with the US Department of Commerce regarding the streamlining of Endangered Species Act consultations for Qualifying Projects, and to work with the US Department of Energy to identify federal lands that may be available for use by Qualifying Projects and offer appropriate authorizations to project sponsors.

Federal Incentives for Qualifying Projects

The EO also directs the US Secretary of Commerce to “launch an initiative to provide financial support for Qualifying Projects,” which may include loans, grants, tax incentives, and offtake agreements. The EO further directs all “relevant agencies” to identify and submit to the White House Office of Office of Science and Technology Policy any relevant existing financial support that can be used to assist Qualifying Projects, consistent with the protection of national security.

The EO reinforces the Trump administration’s focus on AI and creates new opportunities for both AI data center developers and energy infrastructure companies providing power or project components to these data centers. Proactive engagement with relevant agencies will be crucial for capitalizing on the opportunities created by this EO and the broader AI Action Plan. By leveraging these financial and environmental incentives, project developers may be able to shorten permitting timelines, reduce costs, and take advantage of federal financial support.

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Jason B. Hutt, Taylor M. Stuart and Anouk Nouet are lawyers at Bracewell. Hutt is chair of the firm’s environment, lands and resources department. Stuart counsels energy, infrastructure, and industrial clients on matters involving environmental and natural resources law and policy. Nouet advises clients on litigation, enforcement and project development matters with a focus on complex environmental and natural resources law and policy.

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New UH white paper pushes for national plastics recycling policy

plastics paper

The latest white paper from the University of Houston’s Energy Transition Institute analyzes how the U.S. currently handles plastics recycling and advocates for a national, policy-driven approach.

Ramanan Krishnamoorti, vice president for energy and innovation at UH; Debalina Sengupta, assistant vice president and chief operating officer at the Energy Transition Institute; and UH researcher Aparajita Datta authored the paper titled “Extended Producer Responsibility (EPR) for Plastics Packaging: Gaps, Challenges and Opportunities for Policies in the United States.” In the paper, the scientists argue that the current mix of state laws and limited recycling infrastructure are holding back progress at the national level.

EPR policies assign responsibility for the end-of-life management of plastic packaging to producers or companies, instead of taxpayers, to incentivize better product design and reduce waste.

“My hope is this research will inform government agencies on what policies could be implemented that would improve how we approach repurposing plastics in the U.S.,” Krishnamoorti said in a news release. “Not only will this information identify policies that help reduce waste, but they could also prove to be a boon to the circular economy as they can identify economically beneficial pathways to recycle materials.”

The paper notes outdated recycling infrastructure and older technology as roadblocks.

Currently, only seven states have passed EPR laws for plastic packaging. Ten others are looking to pass similar measures, but each looks different, according to UH. Additionally, each state also has its own reporting system, which leads to incompatible datasets. Developing national EPR policies or consistent nationwide standards could lead to cleaner and more efficient processes, the report says.

The researchers also believe that investing in sorting, processing facilities, workforce training and artificial intelligence could alleviate issues for businesses—and particularly small businesses, which often lack the resources to manage complex reporting systems. Digital infrastructure techniques and moving away from manual data collection could also help.

Public education on recycling would also be “imperative” to the success of new policies, the report adds.

“Experts repeatedly underscored that public education and awareness about EPR, including among policymakers, are dismal,” the report reads. “Infrastructural limitations, barriers to access and the prevailing belief that curbside recycling is ineffective in the U.S. contribute to public dissatisfaction, misinformation and, in some cases, opposition toward the use of taxpayers’ and ratepayers’ contributions for EPR.”

For more information, read the full paper here.

Investment bank opens energy-focused office in Houston

new to hou

Investment bank Cohen & Co. Capital Markets has opened a Houston office to serve as the hub of its energy advisory business and has tapped investment banking veteran Rahul Jasuja as the office’s leader.

Jasuja joined Cohen & Co. Capital Markets, a subsidiary of financial services company Cohen & Co., as managing director, and head of energy and energy transition investment banking. Cohen’s capital markets arm closed $44 billion worth of deals last year.

Jasuja previously worked at energy-focused Houston investment bank Mast Capital Advisors, where he was managing director of investment banking. Before Mast Capital, Jasuja was director of energy investment banking in the Houston office of Wells Fargo Securities.

“Meeting rising [energy] demand will require disciplined capital allocation across traditional energy, sustainable fuels, and firm, dispatchable solutions such as nuclear and geothermal,” Jasuja said in a news release. “Houston remains the center of gravity where capital, operating expertise, and execution come together to make that transition investable.”

The Houston office will focus on four energy verticals:

Energy systems such as nuclear and geothermal
Energy supply chains
Energy-transition fuel and technology
Traditional energy

“We are making a committed investment in Houston because we believe the infrastructure powering AI, defense, and energy transition — from nuclear to rare-earth technology — represents the next secular cycle of value creation,” Jerry Serowik, head of Cohen & Co. Capital Markets, added in the release.

Houston cleantech startup Helix Earth lands $1.2M NSF grant

federal funding

Renewable equipment manufacturer Helix Earth Technologies is one of three Houston-based companies to secure federal funding through the Small Business Innovation Research (SBIR) Phase II grant program in recent months.

The company—which was founded based on NASA technology, spun out of Rice University and has been incubated at Greentown Labs—has received approximately $1.2 million from the National Science Foundation to develop its high-efficiency retrofit dehumidification systems that aim to reduce the energy consumption of commercial AC units. The company reports that its technology has the potential to cut AC energy use by up to 50 percent.

"This award validates our vision and propels our impact forward with valuable research funding and the prestige of the NSF stamp of approval," Rawand Rasheed, Helix CEO and founder, shared in a LinkedIn post. "This award is a reflection our exceptional team's grit, expertise, and collaborative spirit ... This is just the beginning as we continue pushing for a sustainable future."

Two other Houston-area companies also landed $1.2 million in NSF SBIR Phase II funding during the same period:

Resilitix Intelligence, a disaster AI startup that was founded shortly after Hurricane Harvey, that works to "reduce the human and economic toll of disasters" by providing local and state organizations and emergency response teams with near-real-time, AI-driven insights to improve response speed, save lives and accelerate recovery
Conroe-based Fluxworks Inc., founded in 2021 at Texas A&M, which provides magnetic gear technology for the space industry that has the potential to significantly enhance in-space manufacturing and unlock new capabilities for industries by allowing advanced research and manufacturing in microgravity

The three grants officially rolled out in early September 2025 and are expected to run through August 2027, according to the NSF. The SBIR Phase II grants support in-depth research and development of ideas that showed potential for commercialization after receiving Phase I grants from government agencies.

However, congressional authority for the program, often called "America's seed fund," expired on September 30, 2025, and has stalled since the recent government shutdown. Government agencies cannot issue new grants until Congress agrees on a path forward. According to SBIR.gov, "if no further action is taken by Congress, federal agencies may not be able to award funding under SBIR/STTR programs and SBIR/STTR solicitations may be delayed, cancelled, or rescinded."

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