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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3 Houston-area companies named to Global Cleantech 100

Energized

Three Houston-area companies—Amperon, Hertha Metals and Vaulted Deep—appear on this year’s Global Cleantech 100 list.

The unranked list, generated by market intelligence and advisory firm Cleantech Group, identifies the 100 privately held companies around the world that are most likely to make a significant impact in the cleantech market over the next five to 10 years.

For the 2026 list, Cleantech Group received more than 24,000 Global Cleantech 100 nominations from nearly 60 countries. Cleantech Group scored those companies and narrowed the contenders to 264. An expert panel reviewed those nominees, and the list was whittled down to the 100 winners.

Here’s a rundown of the three Houston-area honorees:

Amperon

Founded in 2018 by Sean Kelly and Abe Stanway, Houston-based Amperon offers an AI-enabled energy forecasting and analytics platform designed to help stabilize electric grids. Amperon received undisclosed amounts of venture capital from National Grid Partners and Tokyo Gas Co. Ltd. last year and announced a recent investment from Samsung Ventures earlier this month.

Hertha Metals

Founded in 2022 by Laureen Meroueh, Conroe-based Hertha Metals provides a single-step process for producing sustainable steel. Last year, the company emerged from stealth mode and raised more than $17 million in venture capital.

Vaulted Deep

Vaulted Deep’s technology injects excess organic waste underground to remove carbon dioxide from the atmosphere. Julia Reichelstein and Omar Abou-Sayed founded the Houston-based company in 2023. Last year, the startup raised $32.3 million in venture capital. Also in 2025, Vaulted Deep signed a 12-year deal with software giant Microsoft to remove up to 4.9 million metric tons of carbon dioxide from the environment.

Vaulted Deep also made the list last year, along with Houston-based Syzygy Plasmonics and Fervo Energy. Fervo was also named the 2025 North American Company of the Year by Cleantech Group.

Houston AI energy forecasting company lands investment from Samsung Ventures

funding for forecasts

Amperon, a Houston-based AI-powered forecasting solutions company, has received an investment for an undisclosed amount from Samsung Ventures, the corporate venture arm of Samsung Group.

According to Amperon, the funding will be put toward the company's global growth and next-generation product development. Samsung Ventures invests in emerging businesses developing technologies for the AI, advanced devices and energy-related sectors.

“Samsung Ventures’ investment is a strong validation of our mission to transform the way energy is forecasted and traded,” Sean Kelly, CEO and co-founder of Amperon, said in a news release. “Samsung’s global footprint and leadership in semiconductors, data infrastructure, and AI acceleration make them a natural fit as we expand Amperon’s reach into energy-intensive sectors like data centers. Their track record of scaling next-generation technologies aligns perfectly with our vision to build a more intelligent, resilient, and data-driven energy system.”

Amperon was founded in 2018. Its AI models combine real-time weather, consumption and market data for energy retailers, utilities and independent power producers.

Last year, the company launched its weather-informed grid demand Mid-Term Forecast (MTF), which provides users with data on electricity demand up to seven months in advance. It also secured strategic investments from Acario, the corporate venture capital and innovation division of Tokyo Gas, as well as National Grid Partners, the venture investment and innovation arm of National Grid (NYSE: NGG).

After expanding into Europe in 2024, the company has continued to see international growth, and currently operates in the U.S., Canada, Mexico, Australia, Europe and the Middle East.

“Amperon has demonstrated strong technical capabilities and global traction in a rapidly evolving energy landscape,” a spokesperson for Samsung Ventures added in the release. “Their ability to forecast and model real-time energy data at global scale positions them as a key enabler of smarter energy systems and climate resilience. We are pleased to invest in a company developing technologies that support a more sustainable and digitized world.”

Houston giant's growing virtual power plant tops energy news to know

Hot Topics

Editor's note: NRG has made headlines to start off the new year, with plans to grow its virtual power plant network and announcing a new CEO. Plus, Greentown Labs introduces its newest startups, and we preview the top energy events of the quarter. Read on for the top Houston energy transition news published Jan. 1-15, 2026:

1. NRG makes latest partnership to grow virtual power plant

NRG Energy has partnered with Sunrun to grow its virtual power plant and support the ERCOT grid. Photo via Pexels.

Houston-based NRG Energy has announced a new long-term partnership with San Francisco-based Sunrun that aims to meet Texas’ surging energy demands and accelerate the adoption of home battery storage in Texas. The partnership also aligns with NRG’s goal of developing a 1-gigawatt virtual power plant by connecting thousands of decentralized energy sources by 2035. Continue reading.

2. Houston-based NRG announces new CEO and succession plan

Robert J. Gaudette will take over as NRG's new CEO on April 30. Photo via NRG.com.

Houston-based NRG Energy Inc. announced that it has appointed Robert J. Gaudette as president and CEO. Gaudette took over as president effective Jan. 7 and will assume the role of CEO April 30, coinciding with the company's next stockholder meeting. Gaudette, who previously served as executive vice president and president of NRG Business and Wholesale Operations, will succeed Lawrence Coben in the leadership roles. Continue reading.

3. Japanese company launches solar module manufacturing at Houston-area plant

TOYO Solar LLC has begun operations at its solar module manufacturing facility in Humble, Texas. Photo via Pexels.

A local subsidiary of a Japanese solar equipment manufacturer recently began producing solar modules at a new plant in Humble. TOYO Co. Ltd.’s TOYO Solar LLC subsidiary can produce 1 gigawatt worth of solar modules per year at a 567,140-square-foot plant it leases in Lovett Industrial’s Nexus North Logistics Park on Greens Road. TOYO Solar’s next phase will accommodate 2.5 gigawatts’ worth of solar module manufacturing. The subsidiary eventually plans to expand manufacturing capacity to 6.5 gigawatts. Continue reading.

4. 40+ climatetech startups join Greentown, including a dozen from Houston

Twelve local startups have joined Greentown Houston, along with others from around the world. Photo courtesy Greentown Labs.

More than 40 climatetech startups joined the Greentown Labs Houston community in the second half of 2025. Twelve hail from the Bayou City. The companies are among a group of nearly 70 that joined the climatetech incubator, which is co-located in Houston and Boston, in Q3 and Q4. Continue reading.

5. 10+ must-attend Houston energy events happening in Q1 2026

CERAWeek returns to close out March 2026 programming in Houston. Photo via CERAWeek.com

With the new year comes a new slate of must-attend events for those in the Houston energy sector. We've rounded up a host of events to put on your calendar for Q1, including some that you can attend this month. Plus, other premier annual events will return in February and March 2026 and are currently offering early-bird, discounted registration. Continue reading.

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