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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.

Houston researchers have uncovered why solid-state batteries break down and what could be done to slow the process. Photo via Getty Images.

Houston team’s discovery brings solid-state batteries closer to EV use

a better battery

A team of researchers from the University of Houston, Rice University and Brown University has uncovered new findings that could extend battery life and potentially change the electric vehicle landscape.

The team, led by Yan Yao, the Hugh Roy and Lillie Cranz Cullen Distinguished Professor of Electrical and Computer Engineering at UH, recently published its findings in the journal Nature Communications.

The work deployed a powerful, high-resolution imaging technique known as operando scanning electron microscopy to better understand why solid-state batteries break down and what could be done to slow the process.

“This research solves a long-standing mystery about why solid-state batteries sometimes fail,” Yao, corresponding author of the study, said in a news release. “This discovery allows solid-state batteries to operate under lower pressure, which can reduce the need for bulky external casing and improve overall safety.”

A solid-state battery replaces liquid electrolytes found in conventional lithium-ion cells with a solid separator, according to Car and Driver. They also boast faster recharging capabilities, better safety and higher energy density.

However, when it comes to EVs, solid-state batteries are not ideal since they require high external stack pressure to stay intact while operating.

Yao’s team learned that tiny empty spaces, or voids, form within the solid-state batteries and merge into a large gap, which causes them to fail. The team found that adding small amounts of alloying elements, like magnesium, can help close the voids and help the battery continue to function. The team captured it in real-time with high-resolution videos that showed what happens inside a battery while it’s working under a scanning electron microscope.

“By carefully adjusting the battery’s chemistry, we can significantly lower the pressure needed to keep it stable,” Lihong Zhao, the first author of this work, a former postdoctoral researcher in Yao’s lab and now an assistant professor of electrical and computer engineering at UH, said in the release. “This breakthrough brings solid-state batteries much closer to being ready for real-world EV applications.”

The team says it plans to build on the alloy concept and explore other metals that could improve battery performance in the future.

“It’s about making future energy storage more reliable for everyone,” Zhao added.

The research was supported by the U.S. Department of Energy’s Battery 500 Consortium under the Vehicle Technologies Program. Other contributors were Min Feng from Brown; Chaoshan Wu, Liqun Guo, Zhaoyang Chen, Samprash Risal and Zheng Fan from UH; and Qing Ai and Jun Lou from Rice.

What is the future of "the fifth utility"? Getty Images

Experts on U.S. energy infrastructure, sustainability, and the future of data

Guest column

Digital infrastructure is the dominant theme in energy and infrastructure, real estate and technology markets.

Data, the byproduct and primary value generated by digital infrastructure, is referred to as “the fifth utility,” along with water, gas, electricity and telecommunications. Data is created, aggregated, stored, transmitted, shared, traded and sold. Data requires data centers. Data centers require energy. The United States is home to approximately 40% of the world's data centers. The U.S. is set to lead the world in digital infrastructure advancement and has an opportunity to lead on energy for a very long time.

Data centers consume vast amounts of electricity due to their computational and cooling requirements. According to the United States Department of Energy, data centers consume “10 to 50 times the energy per floor space of a typical commercial office building.” Lawrence Berkeley National Laboratory issued a report in December 2024 stating that U.S. data center energy use reached 176 TWh by 2023, “representing 4.4% of total U.S. electricity consumption.” This percentage will increase significantly with near-term investment into high performance computing (HPC) and artificial intelligence (AI). The markets recognize the need for digital infrastructure build-out and, developers, engineers, investors and asset owners are responding at an incredible clip.

However, the energy demands required to meet this digital load growth pose significant challenges to the U.S. power grid. Reliability and cost-efficiency have been, and will continue to be, two non-negotiable priorities of the legal, regulatory and quasi-regulatory regime overlaying the U.S. power grid.

Maintaining and improving reliability requires physical solutions. The grid must be perfectly balanced, with neither too little nor too much electricity at any given time. Specifically, new-build, physical power generation and transmission (a topic worthy of another article) projects must be built. To be sure, innovative financial products such as virtual power purchase agreements (VPPAs), hedges, environmental attributes, and other offtake strategies have been, and will continue to be, critical to growing the U.S. renewable energy markets and facilitating the energy transition, but the U.S. electrical grid needs to generate and move significantly more electrons to support the digital infrastructure transformation.

But there is now a third permanent priority: sustainability. New power generation over the next decade will include a mix of solar (large and small scale, offsite and onsite), wind and natural gas resources, with existing nuclear power, hydro, biomass, and geothermal remaining important in their respective regions.

Solar, in particular, will grow as a percentage of U.S grid generation. The Solar Energy Industries Association (SEIA) reported that solar added 50 gigawatts of new capacity to the U.S. grid in 2024, “the largest single year of new capacity added to the grid by an energy technology in over two decades.” Solar is leading, as it can be flexibly sized and sited.

Under-utilized technology such as carbon capture, utilization and storage (CCUS) will become more prominent. Hydrogen may be a potential game-changer in the medium-to-long-term. Further, a nuclear power renaissance (conventional and small modular reactor (SMR) technologies) appears to be real, with recent commitments from some of the largest companies in the world, led by technology companies. Nuclear is poised to be a part of a “net-zero” future in the United States, also in the medium-to-long term.

The transition from fossil fuels to zero carbon renewable energy is well on its way – this is undeniable – and will continue, regardless of U.S. political and market cycles. Along with reliability and cost efficiency, sustainability has become a permanent third leg of the U.S. power grid stool.

Sustainability is now non-negotiable. Corporate renewable and low carbon energy procurement is strong. State renewable portfolio standards (RPS) and clean energy standards (CES) have established aggressive goals. Domestic manufacturing of the equipment deployed in the U.S. is growing meaningfully and in politically diverse regions of the country. Solar, wind and batteries are increasing less expensive. But, perhaps more importantly, the grid needs as much renewable and low carbon power generation as possible - not in lieu of gas generation, but as an increasingly growing pairing with gas and other technologies. This is not an “R” or “D” issue (as we say in Washington), and it's not an “either, or” issue, it's good business and a physical necessity.

As a result, solar, wind and battery storage deployment, in particular, will continue to accelerate in the U.S. These clean technologies will inevitably become more efficient as the buildout in the U.S. increases, investments continue and technology advances.

At some point in the future (it won’t be in the 2020s, it could be in the 2030s, but, more realistically, in the 2040s), the U.S. will have achieved the remarkable – a truly modern (if not entirely overhauled) grid dependent largely on a mix of zero and low carbon power generation and storage technology. And when this happens, it will have been due in large part to the clean technology deployment and advances over the next 10 to 15 years resulting from the current digital infrastructure boom.

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Hans Dyke and Gabbie Hindera are lawyers at Bracewell. Dyke's experience includes transactions in the electric power and oil and gas midstream space, as well as transactions involving energy intensive industries such as data storage. Hindera focuses on mergers and acquisitions, joint ventures, and public and private capital market offerings.

Texas and California represented 61 percent of the total installed capacity of utility-scale energy storage for solar and wind power in the final three months of last year. Photo via Getty Images

New report shows Texas led the nation in solar and wind storage in Q4 2024

texas on top

When it comes to the storage of solar and wind energy, Texas might be able to swipe the Sunshine State nickname from Florida.

The Lone Star State led all states in the fourth quarter of 2024 with the installation of 1.2 gigawatts’ worth of utility-scale energy storage for solar and wind power, according to the recently released U.S. Energy Storage Monitor. In second place was California, with 875 megawatts’ worth of utility-scale storage installed in the fourth quarter. Together, Texas and California represented 61 percent of the total installed capacity in the final three months of last year.

The American Clean Power Association and Wood Mackenzie, a provider of data and analytics for the energy sector, issued the report.

Utility-scale systems stash large amounts of electricity generated by solar and wind for future use, easing the strain on power grids during periods of peak usage and power outages.

“Energy storage is solidifying its place as a leading solution for strengthening American energy security and grid reliability in a time of historic rising demand for electricity,” Noah Roberts, vice president of energy storage at the clean power organization, said in a statement. “The energy storage industry has quickly scaled to meet the moment, and deliver reliability and cost savings for American communities, serving a critical role [in] firming and balancing low-cost renewables.”

Houston's GoodPeak is breaking ground on its first energy storage projects. Photo via Getty Images.

Houston startup secures $22 million for ERCOT energy storage projects

money moves

Houston-based GoodPeak has nailed down $22 million in construction debt financing to help build its first two 10-megawatt battery energy storage projects, both of which are expected to come online in the Houston area at the end of 2025.

GoodPeak secured the debt financing from financial services company Pathward and renewable energy lender BridgePeak Energy Capital.

GoodPeak says an undisclosed amount of funding from private equity firm Current Equity Partners and other investors will further spur growth. That growth starts with the construction of the two Houston-area battery energy storage projects, which will serve the Electric Reliability Council of Texas (ERCOT), whose power grid serves most of the state.

Aside from Current Equity Partners, investors in GoodPeak include executives, family offices, and energy industry advisers.

“GoodPeak plans to expand and diversify its development pipeline to include larger projects, integrated power generation, and data center development opportunities,” the company says in a news release.

GoodPeak’s initial development pipeline includes 10 ERCOT projects in the Houston and Dallas-Fort Worth areas, and 14 projects in Northern California. The combined capacity of the projects will be 1 gigawatt.

Founded in 2022 by Trent Kososki and Hayden Stanley, GoodPeak develops, owns, and operates utility-scale battery storage and solar power assets for “high-value, capacity-constrained locations.”

“Breaking ground on our first energy storage projects marks a major milestone for GoodPeak in helping to solve Texas’ grid challenges,” says Kososki, CEO of GoodPeak. “These projects will provide much-needed resilience to the grid, storing excess power during times of low demand and delivering it when it’s needed most — helping to stabilize energy prices, support renewable integration, and enhance overall reliability.”

In a 2024 LinkedIn post, Kososki wrote that he was “embarking upon a new adventure in establishing GoodPeak — a battery energy storage platform with a mission to aggressively pursue descent from the world’s mountain of carbon emissions.”

Tesla is expected to bring a 'megafactory' to Brookshire.

Tesla targets Houston area for $200 million 'mega' battery factory

Tesla Town

Tesla is expected to bring a “megafactory” and 1,500 manufacturing jobs to the Houston area.

According to various news reports this week, Tesla intends to spend $200 million on a facility in Brookshire, Texas. The Waller County Commissioners Court approved tax abatements on March 5 for the new plant.

“We are super excited about this opportunity—1,500 advanced manufacturing jobs in the county and in the city," Waller County Precinct 4 Commissioner Justin Beckendorff said during Wednesday’s Commissioners Court meeting.

Tesla will lease two buildings in Brookshire's Empire West Business Park. According to documents from Waller County, Tesla will add $44 million in facility improvements. In addition, it will install $150 million worth of manufacturing equipment.

As part of the deal, Tesla will invest in property improvements that involve a 600,000-square-foot, $31 million manufacturing facility that will house $2 million worth of equipment and include improvements to the venue.

The facility will produce Tesla megapacks, which are powerful batteries to provide energy storage and support, according to the company. A megapack can store enough energy to power about 3,600 homes for one hour.

Tesla can receive a 60 percent tax abatement for 10 years. According to the tax abatement agreement, Tesla has to employ at least 1,500 people by 2028 in order to be eligible for the tax break.

In addition to the employment clause, Tesla also will be required to have a minimum of $75 million in taxable inventory by January 1, 2026, which will increase to $300 million after three years.

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This story originally appeared on our sister site, InnovationMap.

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ExxonMobil may delay or cancel plans for $7 billion Baytown hydrogen plant

project uncertainty

Spring-based ExxonMobil, the country’s largest oil and gas company, might delay or cancel what would be the world’s largest low-carbon hydrogen plant due to a significant change in federal law. The project carries a $7 billion price tag.

The Biden-era Inflation Reduction Act created a new 10-year incentive, the 45V tax credit, for production of clean hydrogen. But under President Trump’s "One Big Beautiful Bill Act," the window for starting construction of low-carbon hydrogen projects that qualify for the tax credit has narrowed. The Inflation Reduction Act mandated that construction start by 2033. But the Big Beautiful Bill switched the construction start time to early 2028.

“While our project can meet this timeline, we’re concerned about the development of a broader market, which is critical to transition from government incentives,” ExxonMobil Chairman and CEO Darren Woods said during the company’s recent second-quarter earnings call.

Woods said ExxonMobil is working to determine whether a combination of the 45Q tax credit for carbon capture projects and the revised 45V tax credit will help pave the way for a “broader” low-carbon hydrogen market.

“If we can’t see an eventual path to a market-driven business, we won’t move forward with the [Baytown] project,” Woods said.

“We knew that helping to establish a brand-new product and a brand-new market initially driven by government policy would not be easy or advance in a straight line,” he added.

Woods said ExxonMobil is trying to nail down sales contracts connected to the project, including exports of ammonia to Asia and Europe and sales of hydrogen in the U.S.

ExxonMobil announced in 2022 that it would build the low-carbon hydrogen plant at its refining and petrochemical complex in Baytown. The company has said the plant is slated to go online in 2027 and 2028.

As it stands now, ExxonMobil wants the Baytown plant to produce up to 1 billion cubic feet of hydrogen per day made from natural gas, and capture and store more than 98 percent of the associated carbon dioxide. The company has said the project could store as much as 10 million metric tons of CO2 per year.

EPA scraps $7B solar program, stripping Texas of hundreds of millions in clean energy funds

funding cut

The U.S. Environmental Protection Agency is ending a $7 billion Biden-era program that was supposed to enable low-income Americans to access affordable solar power. The program, which EPA Administrator Lee Zeldin called a “boondoggle,” would have benefited more than 900,000 U.S. households.

In line with the EPA’s action, the Lone Star State is losing a $249.7 million grant awarded last year to the Harris County-led Texas Solar for All Coalition. The grant money would have equipped more than 46,000 low-income and disadvantaged communities and households in Texas with residential solar power. The nonprofit Solar United Neighbors organization said Texas had already begun to roll out this initiative.

Also slipping out of Texas’ hands are:

  • A more than $156 million 19-state grant awarded to the Clean Energy Fund of Texas in partnership with the Bullard Center for Environmental and Climate Justice at Houston’s Texas Southern University. The Clean Energy Fund is a Houston-based “green bank” that backs investments in solar and wind power.
  • Part of a $249.3 million multistate grant awarded to the Community Power Coalition’s Powering America Together Program. The nonprofit Inclusive Prosperity Capital organization leads the coalition.
  • Part of a $249.8 million multistate grant awarded to the Solar Access for Nationwide Affordable Housing Program, led by the nonprofit GRID Alternatives organization.

In a post on the X social media platform, Zeldin said the recently passed “One Big Beautiful Bill” killed the Greenhouse Gas Reduction Fund, which would have financed the $7 billion Solar for All program.

“The bottom line is this: EPA no longer has the statutory authority to administer the program or the appropriated funds to keep this boondoggle alive,” Zeldin said.

Anya Schoolman, executive director of Washington, D.C.-based Solar United Neighbors, accused the EPA of illegally terminating the Solar for All program. She said ending the program “harms families struggling with rising energy costs and will cost us good local jobs.”

U.S. Sen. Bernie Sanders, a Vermont independent, joined Schoolman in alleging the EPA’s “outrageous” action is illegal. Sanders introduced the legislation that established the Solar for All program.

The senator lashed out at President Trump for axing the program in order “to protect the obscene profits of his friends in the oil and gas industry.”

New UH white paper details Texas grid's shortfalls

grid warning

Two University of Houston researchers are issuing a warning about the Texas power grid: Its current infrastructure falls short of what’s needed to keep pace with rising demand for electricity.

The warning comes in a new whitepaper authored by Ramanan Krishnamoorti, vice president of energy and innovation at UH, and researcher Aparajita Datta, a Ph.D candidate at UH.

“As data centers pop up around the Lone Star State, electric vehicles become more commonplace, industries adopt decarbonization technologies, demographics change, and temperatures rise statewide, electricity needs in Texas could double by 2035,” a UH news release says. “If electrification continues to grow unconstrained, demand could even quadruple over the next decade.”

Without significant upgrades to power plants and supporting infrastructure, Texas could see electricity shortages, rising power costs and more stress on the state’s grid in coming years, the researchers say. The Electric Reliability Council of Texas (ERCOT) grid serves 90 percent of the state.

“Texas, like much of the nation, has fallen behind on infrastructure updates, and the state’s growing population, diversified economy and frequent severe weather events are increasing the strain on the grid,” Datta says. “Texas must improve its grid to ensure people in the state have access to reliable, affordable, and resilient energy systems so we can preserve and grow the quality of life in the state.”

The whitepaper’s authors caution that Texas faces a potential electricity shortfall of up to 40 gigawatts annually by 2035 if the grid doesn’t expand, with a more probable shortfall of about 27 gigawatts. And they allude to a repeat of the massive power outages in Texas during Winter Storm Uri in February 2021.

One gigawatt of electricity can power an estimated 750,000 homes in Texas, according to the Texas Solar + Storage Association.

The state’s current energy mix includes 40 percent natural gas, 29 percent wind, 12 percent coal, 10 percent nuclear and eight percent solar, the authors say.

Despite surging demand, 360 gigawatts of solar and battery storage projects are stuck in ERCOT’s queue, according to the researchers, and new natural gas plants have been delayed or withdrawn due to supply chain challenges, bureaucratic delays, policy uncertainties and shifting financial incentives.

Senate Bill 6, recently signed by Gov. Greg Abbott, calls for demand-response mandates, clearer rate structures and new load management requirements for big users of power like data centers and AI hubs.

“While these provisions are a step in the right direction,” says Datta, “Texas needs more responsive and prompt policy action to secure grid reliability, address the geographic mismatch between electricity demand and supply centers, and maintain the state’s global leadership in energy.”

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