If we want to see real change, we need action by all parties. Photo via Getty Images

The 2024 Atlantic hurricane season has proven disastrous for the United States. On July 8th, Hurricane Beryl barreled into Texas as a Category 1 storm knocking out power for nearly 3 million, causing over $2.5 billion in damages, and resulting in the deaths of at least 42 people.

More recently, Hurricanes Helene and Milton tore through the East Coast, dropping trillions of gallons of rain on Florida, Georgia, South Carolina, North Carolina, Virginia, and Tennessee, causing dams to collapse, flash flooding, trees to fall, millions of power outages, complete destruction of homes and businesses, and the deaths of hundreds.

Amidst the horror and rescue efforts, wariness of the increasing strength of natural disasters, and repeated failures of energy grids around the nation begs a few questions.

  1. Is there a version of a power grid that can better endure hurricanes, heat waves, and freezes?
  2. How does the Texas grid compare to other regional grids in the United States?
  3. What can we do to solve our power grid problems and who is responsible for implementing these solutions?

Hurricane-proof grids do not exist

There is no version of a grid anywhere in the United States that can withstand the brunt of a massive hurricane without experiencing outages.

The wind, rain, and flooding are simply too much to handle.

Some might wonder, “What if we buried the power lines?” Surely, removing the power lines from the harsh winds, rain, flying debris, and falling tree branches would be enough to keep the lights on, right?

Well, not necessarily. Putting aside the fact that burying power lines is incredibly expensive – estimates range from thousands to millions of dollars per mile buried – extended exposure to water from flood surges can still cause damage to buried lines. To pile on further, flood surges are likely to seriously damage substations and transformers. When those components fail, there’s no power to run through the lines, buried or otherwise.

Heat waves and winter freezes are a different story

During extreme weather events like heat waves or winter freezes, the strain on the grid goes beyond simple issues of generation and distribution—it’s also a matter of human behavior and grid limitations.

Building and maintaining a power grid is extremely expensive, and storing electricity is not only costly but technically challenging. Most grids are designed with little "buffer" capacity to handle peak demand moments, because much of the infrastructure sits idle during normal conditions. Imagine investing billions of dollars in a power plant or wind farm that only operates at full capacity a fraction of the time. It’s difficult to recoup that investment.

When extreme weather hits, demand spikes significantly while supply remains relatively static, pushing the grid to its limits. This imbalance makes it hard to keep up with the surge in energy usage.

At the same time, our relationship with electricity has changed—our need for electricity has only increased. We’ve developed habits—like setting thermostats to 70 degrees or lower during summer heat waves or keeping homes balmy in winter— that, while comfortable, place additional strain on the system.

Behavioral changes, alongside investments in infrastructure, are crucial to ensuring we avoid blackouts as energy demand continues to rise in the coming years.

How the Texas grid compares to other regional grids

Is the Texas grid really in worse shape compared to other regional grids around the U.S.?

In some ways, Texas is lagging and in others, Texas is a leader.

One thing you might have heard about the Texas grid is that it is isolated, which restricts the ability to import power from neighboring regions during emergencies. Unfortunately, connecting the Texas grid further would not be a one-size fits all solution for fixing its problems. The neighboring grids would need to have excess supply at the exact moment of need and have the capacity to transmit that power to the right areas of need. Situations often arise where the Texas grid needs more power, but New Mexico, Oklahoma, Arkansas, and Louisiana have none to spare because they are experiencing similar issues with supply and demand at the same time. Furthermore, even if our neighbors have some power to share, the infrastructure may not be sufficient to deliver the power where it’s needed within the state.

On the other hand, Texas is leading the nation in terms of renewable development. The Lone Star State is #1 in wind power and #2 in solar power, only behind California. There are, of course, valid concerns about heavy reliance on renewables when the wind isn’t blowing or the sun isn’t shining, compounded by a lack of large-scale battery storage. Then, there’s the underlying cost and ecological footprint associated with the manufacturing of those batteries.

Yet, the only state with more utility-scale storage than Texas is California.

In recent years, ERCOT has pushed generators and utility companies to increase their winterization efforts, incentivize the buildout of renewables and electricity storage. You might have also heard about the Texas Electricity Fund, which represents the state’s latest effort to further incentivize grid stability. Improvements are underway, but they may not be enough if homeowners and renters across the state are unwilling to set their thermostats a bit higher during extended heatwaves.

How can we fix the Texas grid?

Here’s the reality we must face – a disaster-proof, on-demand, renewable-powered grid is extremely expensive and cannot be implemented quickly. We must come to terms with the fact that the impact of natural disasters is unavoidable, no matter how much we “upgrade” the infrastructure.

Ironically, the most impactful solution out there is free and requires only a few seconds to implement. Simple changes to human behavior are the strongest tool we have at our disposal to prevent blackouts in Texas. By decreasing our collective demand for electricity at the right times, we can all help keep the lights on and prices low.

During peak hours, the cumulative effort is as simple as turning off the lights, turning the thermostat up a few degrees, and running appliances like dishwashers and laundry machines overnight.

Another important element we cannot avoid addressing is global warming. As the temperatures on the surface of the earth increase, the weather changes, and, in many cases, it makes it more volatile.

The more fossil fuels we burn, the more greenhouse gases are released into the atmosphere. More greenhouse gases in the atmosphere leads to more volatile weather. Volatile weather, in turn, contributes to extreme grid strain in the form of heat waves, winter freezes, and hurricanes. This is no simple matter to solve, because the energy needs and capabilities of different countries differ. That is why some countries around the globe continue to expand their investments in coal as an energy source, the fossil fuel that burns the dirtiest and releases the most greenhouse gases per unit.

While governments and private organizations continue to advance carbon capture, renewable, and energy storage technology efficiency, the individual could aid these efforts by changing our behavior. There are many impactful things we can do to reduce our carbon footprint, like adjusting our thermostat a few degrees, eating less red meat, driving cars less often, and purchasing fewer single-use plastics to name a few.

If we want to see real change, we need action by all parties. The complex system of generation, transmission, and consumption all need to experience radical change, or the vicious cycle will only continue.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

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Houston nonprofit launches new energy education platform

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The Energy Education Foundation, a Houston-based nonprofit, will roll out a new app-based education platform just in time for back-to-school season.

Starting this fall, EEF will offer its new EnergyXP platform to students in middle schools and through community and education events across the country. The STEM-focused platform aims to boost exposure to oil and gas concepts and career paths, according to a release from the non-profit.

EnergyXP represents a fully redesigned, interactive version of the foundation's former Mobile Energy Learning Units, which now feature upgraded technology, enhanced curricula and app integration.

“EnergyXP marks the most recent development in our educational initiatives. We aim to inspire students nationwide to explore real-world energy concepts and careers,” Kristen Barley, executive director of the Energy Education Foundation, said in the release. “Our collaborative approach involves strong partnerships with educators, industry experts and local organizations to ensure that our programs are responsive to community needs. By prioritizing equitable access to quality STEM education, we can help build a more inclusive, future-ready energy workforce.”

The new platform offers 16 hands-on and digital STEM activities that introduce a variety of energy concepts through real-world applications while "showcasing the relevance of energy in everyday life," according to the release.

EEF will host two virtual sneak peeks of the platform on Aug. 7 and Aug. 8. Register here.

Enbridge's new Texas solar project to power Meta data centers

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Construction is underway on a new 600-megawatt solar project in Texas that will supply renewable energy to Meta Platforms Inc., the owner of Facebook, Instagram and other tech platforms.

Calgary-based Enbridge Inc., whose gas transmission and midstream operations are based in Houston, announced that Meta has agreed to purchase 100 percent of the power generated by its new $900 million solar project known as Clear Fork.

The clean energy developed at Clear Fork will be used to support Meta’s data center operations, according to a news release from Enbridge. Meta has had net-zero emissions across its operational portfolio since 2020, according to its 2024 environmental report. The company matches 100 percent of its data center usage with renewable energy.

"We are thrilled to partner with Enbridge to bring new renewable energy to Texas and help support our operations with 100% clean energy, " Urvi Parekh, Head of Global Energy at Meta, said in a news release.

The Clear Fork project is expected to be operational by the summer of 2027. It will join Enbridge’s first solar power project in Texas, Orange Grove, which was activated earlier this year, as well as the company’s Sequoia solar project, which is scheduled to go online in early 2026.

"Clear Fork demonstrates the growing demand for renewable power across North America from blue-chip companies who are involved in technology and data center operations," Matthew Akman, executive vice president of corporate strategy and president of power at Enbridge, said in the news release. "Enbridge continues to advance its world-class renewables development portfolio using our financial strength, supply chain reach and construction expertise under a low-risk commercial model that delivers strong competitive returns."

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

Guest column

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.