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.

---

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.

Ad Placement 300x100

Ad Placement 300x600

CultureMap Emails are Awesome

Property Showcase

San Antonio company breaks ground on 347MW solar project outside of Houston

coming soon

Crews have broken ground on the forthcoming 347-megawatt direct-current SunRoper Solar project in Wharton County, Texas, that will add capacity to the ERCOT grid.

The solar project, which is slated to begin operations in December 2027, will provide electricity to an undisclosed Fortune 100 company under a long-term power purchase agreement, according to a news release.

San Antonio’s OCI Energy and Israel's Arava Power are developing the project. It's being financed by ING Capital and constructed by Louisiana-based WHC Inc. The project received $394 million in construction financing in February.

"SunRoper demonstrates how strategic partnerships can help meet Texas' growing demand for electricity through investments in critical energy infrastructure," Sabah Bayatli, president of OCI Energy, said in the release.

Project partners, landowners and company executives attended a groundbreaking event for SunRoper on Sept. 1 at the site outside of the Houston metro area. The companies say they are advancing this energy project to strengthen grid reliability and to help deliver affordable power to one of the highest-demand areas in the state.

“WHC is proud to serve as EPC contractor on the SunRoper Solar project, bringing our construction expertise to bear on a facility that will deliver meaningful power to the Houston region,” Randel Badeaux, president of power North America for WHC, added in the news release. “This groundbreaking reflects months of careful planning and coordination with OCI Energy, Arava Power and our project partners, and we look forward to executing a safe, high-quality build through to completion in 2027.”

OCI Energy currently operates several utility-scale solar and battery energy storage system projects outside of the San Antonio area, and has five other projects under construction outside of San Antonio and Waco, with more than 30 under development in Arkansas, Mississippi, Georgia, Colorado and Alberta, Canada. The company also has existing projects in New Jersey and Georgia.

In $2 billion deal, NVIDIA takes 20% stake in Woodlands-based Lancium

power play

With an initial investment of $2 billion, AI chip manufacturer NVIDIA just acquired a 20 percent stake in The Woodlands-based Lancium, which develops large-scale campuses that combine AI data centers and onsite power supplies.

Lancium recently announced the investment but didn’t disclose the dollar amount. The Information news website reported NVIDIA’s investment totaled $2 billion, with the possibility of an additional $1 billion if Lancium achieves certain milestones.

Dealroom.co calls NVIDIA’s investment a “form of supply-chain insurance.”

NVIDIA “is gaining exposure to the scarce physical assets that determine whether its chips can be deployed,” Dealroom.co says. “The move makes Nvidia look less like a pure chip company and more like an allocator of infrastructure capacity.”

Investment precedes possible IPO in 2027

Thanks to NVIDIA’s cash infusion, Lancium and its portfolio of land and power connections carry an enterprise value of about $10 billion, according to The Information.

The investment should enable Lancium to expand as it explores a potential IPO next year, The Information reported.

Neither Lancium nor NVIDIA is responding to requests for comment about the deal.

Lancium’s marquee project is a 1,000-acre data center and power generation campus in West Texas for the $500 billion Stargate initiative. Stargate, a joint venture comprising MGX, OpenAI, Oracle and SoftBank, is building data centers equipped to handle AI-level workloads.

“Epicenter of energy and AI infrastructure”

Founded in 2017, Lancium has 4 gigawatts of leased capacity and a more than 15-gigawatt development pipeline. In 2024, Blackstone Energy Transition Partners invested about $500 million in Lancium, giving Blackstone a roughly 50 percent stake.

“This partnership with NVIDIA is a strong testament to Lancium’s position at the epicenter of energy and AI infrastructure … . We look forward to continuing to partner with these leading companies to help power the next generation of AI innovation,” Bilal Khan, senior managing director at Blackstone, said in a release.

Through the NVIDIA partnership, Lancium’s data center and power generation campuses will use the tech company’s “AI factory” platform, including software, computing, and networking capabilities. This will give NVIDIA customers and partners access to power capacity that supports heavy AI workloads.

“We have spent years assembling the power, the land, and the infrastructure expertise needed to deliver AI data center capacity at a scale the world has never seen,” Michael McNamara, co-founder and CEO of Lancium, said in the release.

“Partnering with NVIDIA — the definitive technology platform for AI computing — ensures that every campus in our portfolio will be deployed with the industry’s most advanced technology and that NVIDIA’s customers will have access to the capacity they need to compete and lead in the AI era.”

U.S. oil giant Chevron confirms it will expand operations in Venezuela

O&G News

Oil giant Chevron confirmed that it will expand operations in Venezuela after President Donald Trump announced an ambitious deal to develop the nation’s oil reserves and give the Pentagon a stake in the profits.

Chevron, the only U.S. oil company with a major presence in Venezuela, said Wednesday that it has been assigned additional acreage in the Orinoco Belt, where it has active operations. The company plans to invest more than $7 billion over the next five years, with the goal of more than doubling its current production to about 600,000 barrels a day.

“Chevron’s history in Venezuela spans more than a century, and our expanded position reflects our confidence in the country’s deep resource potential,” CEO Mike Wirth said in a prepared statement.

Venezuela holds the world's largest proven reserves, totaling more than 303 billion barrels of crude oil, according to OPEC's 2025 Annual Statistical Bulletin. Saudi Arabia is a distant second with 267 billion barrels.

Yet because Venezuela's energy infrastructure is severely degraded and the nation is operating under international sanctions, its daily production is just over 1 million barrels, compared with the 10 million to 11 million barrels that Saudi Arabia produces each day. The U.S. produces almost 14 million barrels per day.

Chevron, the second-largest U.S. oil company, has had a presence in Venezuela since 1923.

“President Trump’s mission in Venezuela is straightforward. The mission is to bring peace, freedom, opportunity and prosperity to the people of Venezuela,” Energy Secretary Chris Wright said Wednesday in Caracas, Venezuela. “I believe the deals that are signed today – tens of billions of dollars of investment, ultimately many thousands of jobs – are critical in starting this ball rolling of peace, opportunity and prosperity for everyone in Venezuela.”

The White House confirmed Monday that it is partnering with North American Blue Energy Partners, NABEP, as part of Trump ’s push to tap into Venezuela’s oil industry.

Yet the agreement has been met with skepticism from energy experts who say it will take years to revive Venezuela’s oil industry, which is in disarray after years of neglect.

There are also questions about whether Venezuela’s acting president, Delcy Rodríguez, has the authority to give NABEP 100-year rights over 17 oil fields with reserves of 65 billion barrels — and whether future Venezuelan or American administrations would overturn the agreement.

Venezuela's constitution states that arrangements like the one that the United States announced this week must be approved by the National Assembly, which has not happened, wrote Ian Vásquez, vice president for international studies at the Cato Institute.

“The deal lacks legitimacy since it was agreed to with a dictatorship that has clung to power for decades through violence and by committing what was probably the largest electoral fraud in Latin American history in 2024,” Vásquez wrote. “The agreement was also reached under overwhelming pressure, military and otherwise, from the United States. As such, any future Venezuelan democracy will question the deal, thus undermining confidence in the current arrangement.”

Wright on Wednesday told reporters during a joint press conference with Rodríguez pushed back on criticism.

“This is a deal that’s a massive win and benefit for the people of the United States of America and a massive win for the people of Venezuela," he said. "Because what it’s going to do is take resources that are underground, not helping anyone, and invest capital and money and technology and bring them to the surface to better the lives of Venezuelans, better supply energy to Americans.”

Trump has eyed Venezuela’s oil since the January capture of then-President Nicolás Maduro and has pressed to get U.S. businesses back into the country. “We have Exxon going in, we have Chevron going in. We have our big oil companies going in,” he said that same month.

He suggested again on Monday that other U.S. oil majors were preparing for a return, though other than Chevron, there is no evidence of that.

Exxon Mobil CEO Darren Woods said in January that Venezuela was “ uninvestable.” An Exxon spokesman said this week that “nothing has changed.”

The history of U.S. oil majors in Venezuela explains the hesitation.

Venezuela nationalized its oil industry in 1976 and created the state-owned company Petróleos de Venezuela S.A. A second nationalization occurred in 2007, when President Hugo Chávez pushed foreign oil companies into state-controlled joint ventures and seized the assets of companies that refused. Chevron agreed to a joint venture. Others, including Exxon and ConocoPhillips, refused, and Venezuela took their assets.

Trump has said that the agreement with Venezuela would “substantially lower” gasoline prices in the U.S. However, analyst have repeatedly warned that Venezuela’s dilapidated oil infrastructure will require years of restoration work and tens of billions of dollars to resuscitate.

“It could take 2 to 4 years to get new greenfield facilities online in the Orinoco region,” Amy Jaffe, director of the Global Energy, Climate, and Sustainability Lab at New York University, said in an email. "Other places where there is no pipeline and other kinds of support infrastructure could take longer.”

Meanwhile, the national average price for a gallon of regular gasoline jumped overnight to $4.12, according to the motor club AAA. That is 93 cents more than it cost at this point last year.

View All Listings

ENERGYCAPITALHTX EMAILS ARE AWESOME