A federal judge has thrown out President Trump's executive order blocking wind energy development, calling it 'arbitrary and capricious.' Photo by Moritz Lange via Unsplash.

In a win for clean energy and wind projects in Texas and throughout the U.S., a federal judge struck down President Donald Trump’s “Day One” executive order that blocked wind energy development on federal lands and waters, the Associated Press reports.

Judge Patti Saris of the U.S. District Court for the District of Massachusetts vacated Trump’s executive order from Jan. 20, declaring it unlawful and calling it “arbitrary and capricious.”

The challenge was led by a group of state attorneys general from 17 states and Washington, D.C., which was led by New York Attorney General Letitia James. The coalition pushed back against Trump's order , arguing that the administration didn’t have the authority to halt project permitting, and that efforts would critically impact state economies, the energy industry, public health and climate relief efforts.

White House spokesperson Taylor Rogers told the Associated Press that wind projects were given unfair treatment during the Biden Administration and cited that the rest of the energy industry suffered from regulations.

According to the American Clean Power Association, wind is the largest source of renewable energy in the U.S. It provides 10 percent of the electricity generated—and growing. Texas leads the nation in wind electricity generation, accounting for 28 percent of the U.S. total in 2024, according to the U.S. Energy Information Administration.

Several clean-energy initiatives have been disrupted by recent policy changes, impacting Houston projects.

The Biden era Inflation Reduction Act’s 10-year hydrogen incentive was shortened under Trump’s One Big Beautiful Bill Act, prompting ExxonMobil to pause its Baytown low-carbon hydrogen project. That project — and two others in the Houston region — also lost federal support as part of a broader $700 million cancellation tied to DOE cuts.

Meanwhile, Texas House Democrats have urged the administration to restore a $250 million Solar for All grant that would have helped low-income households install solar panels.

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

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.

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Expert: Why Texas must make energy transmission a top priority in 2026

guest column

Texas takes pride in running one of the most dynamic and deregulated energy markets in the world, but conversations about electricity rarely focus on what keeps it moving: transmission infrastructure.

As ERCOT projects unprecedented electricity demand growth and grid operators update their forecasts for 2026, it’s becoming increasingly clear that generation, whether renewable or fossil, is only part of the solution. Transmission buildout and sound governing policy now stand as the linchpin for reliability, cost containment, and long-term resilience in a grid under unprecedented stress.

At the heart of this urgency is one simple thing: demand. Over 2024 and 2025, ERCOT has been breaking records at a pace we haven’t seen before. From January through September of 2025 alone, electricity use jumped more than 5% over the year before, the fastest growth of any major U.S. grid. And it’s not slowing down.

The Energy Information Administration expects demand to climb another 14% in 2026, pushing total consumption to roughly 425 terawatt-hours in just the first nine months. That surge isn’t just about more people moving to Texas or running their homes differently; it’s being driven by massive industrial and technology loads that simply weren’t part of the equation ten years ago.

The most dramatic contributor to that rising demand is large-scale infrastructure such as data centers, cloud computing campuses, crypto mining facilities, and electrified industrial sectors. In the latest ERCOT planning update, more than 233 gigawatts of total “large load” interconnection requests were being tracked, an almost 300% jump over just a year earlier, with more than 70% of those requests tied to data centers.

Imagine hundreds of new power plants requesting to connect to the grid, all demanding uninterrupted power 24/7. That’s the scale of the transition Texas is facing, and it’s one of the major reasons transmission planning is no longer back-of-house policy talk but a central grid imperative.

Yet transmission is complicated, costly, and inherently long-lead. It takes three to six years to build new transmission infrastructure, compared with six to twelve months to add a new load or generation project.

This is where Texas will feel the most tension. Current infrastructure can add customers and power plants quickly, but the lines to connect them reliably take time, money, permitting, and political will.

To address these impending needs, ERCOT wrapped up its 2024 Regional Transmission Plan (RTP) at the end of last year, and the message was pretty clear: we’ve got work to do. The plan calls for 274 transmission projects and about 6,000 miles of new, rebuilt, or upgraded lines just to handle the growth coming our way and keep the lights on.

The plan also suggests upgrading to 765-kilovolt transmission lines, a big step beyond the standard 345-kV system. When you start talking about 765-kilovolt transmission lines, that’s a big leap from what Texas normally uses. Those lines are built to move a massive amount of power over long distances, but they’re expensive and complicated, so they’re only considered when planners expect demand to grow far beyond normal levels. Recommending them is a clear signal that incremental upgrades won’t be enough to keep up with where electricity demand is headed.

There’s a reason transmission is suddenly getting so much attention. ERCOT and just about every industry analyst watching Texas are projecting that electricity demand could climb as high as 218 gigawatts by 2031 if even a portion of the massive queue of large-load projects actually comes online. When you focus only on what’s likely to get built, the takeaway is the same: demand is going to stay well above anything we’ve seen before, driven largely by the steady expansion of data centers, cloud computing, and digital infrastructure across the state.

Ultimately, the decisions Texas makes on transmission investment and the policies that determine how those costs are allocated will shape whether 2026 and the years ahead bring greater stability or continued volatility to the grid. Thoughtful planning can support growth while protecting reliability and affordability, but falling short risks making volatility a lasting feature of Texas’s energy landscape.

Transmission Policy: The Other Half of the Equation

Infrastructure investment delivers results only when paired with policies that allow it to operate efficiently and at scale. Recognizing that markets alone won’t solve these challenges, Texas lawmakers and regulators have started creating guardrails.

For example, Senate Bill 6, now part of state law, aims to improve how large energy consumers are managed on the grid, including new rules for data center operations during emergencies and requirements around interconnection. Data centers may even be required to disconnect under extreme conditions to protect overall system reliability, a novel and necessary rule given their scale.

Similarly, House Bill 5066 changed how load forecasting occurs by requiring ERCOT to include utility-reported projections in its planning processes, ensuring transmission planning incorporates real-world expectations. These policy updates matter because grid planning isn’t just a technical checklist. It’s about making sure investment incentives, permitting decisions, and cost-sharing rules are aligned so Texas can grow its economy without putting unnecessary pressure on consumers.

Without thoughtful policy, we risk repeating past grid management mistakes. For example, if transmission projects are delayed or underfunded while new high-demand loads come online, we could see congestion worsen. If that happens, affordable electricity would be located farther from where it’s needed, limiting access to low-cost power for consumers and slowing overall economic growth. That’s especially critical in regions like Houston, where energy costs are already a hot topic for households and businesses alike.

A 2026 View: Strategy Over Shortage

As we look toward 2026, here are the transmission and policy trends that matter most:

  • Pipeline of Projects Must Stay on Track: ERCOT’s RTP is ambitious, and keeping those 274 projects, thousands of circuit miles, and next-generation 765-kV lines moving is crucial for reliability and cost containment.
  • Large Load Forecasting Must Be Nuanced: The explosion in large-load interconnection requests, whether or not every project materializes, signals demand pressure that transmission planners cannot ignore. Building lines ahead of realized demand is not wasteful planning; it’s insurance against cost and reliability breakdowns.
  • Policy Frameworks Must Evolve: Laws like SB 6 and HB 5066 are just the beginning. Texas needs transparent rules for cost allocation, interconnection standards, and emergency protocols that keep consumers protected while supporting innovation and economic growth.
  • Coordination Among Stakeholders Is Critical: Transmission doesn’t stop at one utility’s borders. Regional cooperation among utilities, ERCOT, and local stakeholders is essential to manage congestion and develop systemwide reliability solutions.

Here’s the bottom line: Generation gets the headlines, but transmission makes the grid work. Without a robust transmission buildout and thoughtful governance, even the most advanced generation mix that includes wind, solar, gas, and storage will struggle to deliver the reliability Texans expect at a price they can afford.

In 2026, Texas is not merely testing its grid’s capacity to produce power; it’s testing its ability to move that power where it’s needed most. How we rise to meet that challenge will define the next decade of energy in the Lone Star State.

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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.

New Gulf Coast recycling plant partners with first-of-kind circularity hub

now open

TALKE USA Inc., the Houston-area arm of German logistics company TALKE, officially opened its Recycling Support Center earlier this month.

Located next to the company's Houston-area headquarters, the plant will process post-consumer plastic materials, which will eventually be converted into recycling feedstock. Chambers County partially funded the plant.

“Our new recycling support center expands our overall commitment to sustainable growth, and now, the community’s plastics will be received here before they head out for recycling. This is a win for the residents of Chambers County," Richard Heath, CEO and president of TALKE USA, said in a news release.

“The opening of our recycling support facility offers a real alternative to past obstacles regarding the large amount of plastic products our local community disposes of. For our entire team, our customers, and the Mont Belvieu community, today marks a new beginning for effective, safe, and sustainable plastics recycling.”

The new plant will receive the post-consumer plastic and form it into bales. The materials will then be processed at Cyclyx's new Houston Circularity Center, a first-of-its-kind plastic waste sorting and processing facility being developed through a joint venture between Cyclix, ExxonMobil and LyondellBasell.

“Materials collected at this facility aren’t just easy-to-recycle items like water bottles and milk jugs. All plastics are accepted, including multi-layered films—like chip bags and juice pouches. This means more of the everyday plastics used in the Chambers County community can be captured and kept out of landfills,” Leslie Hushka, chief impact officer at Cyclyx, added in a LinkedIn post.

Cyclyx's circularity center is currently under construction and is expected to produce 300 million pounds of custom-formulated feedstock annually.