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

Houston climatech startup closes $5M seed round to scale copper alternative

seeing green

Houston-based material science and climatech startup DexMat has closed a $5 million seed round.

The round was led by non sibi ventures, with participation from Governance Partners, Tailwind Futures, BetterWay, Capital Factory and other investors. The company additionally announced that it has secured $3 million of non-dilutive funding.

DexMat plans to use the recent round to commercially scale Galvorn, its carbon-based conductive fiber. The high-performance copper alternative, originally developed at Rice University, is made from carbon nanotube (CNT) fibers, which are less energy- and CO2-intensive to produce.

The company says it will grow its technical and commercial teams and advance pilot-scale production to meet demand from new and existing customers in aerospace, defense and manufacturing industries.

"We’re seeing clear customer pull, particularly in wire and cable applications, as manufacturers look for conductive materials that are less dense, more durable, and resilient at scale,” Bryan Guido Hassin, CEO of DexMat, said in a news release. “This funding allows us to meet near-term demand and expand production capabilities in response to evolving supply-chain constraints."

The recent funding comes after a year of impressive growth. According to the news release, DexMat more than doubled its production and sales of Galvorn in 2025 compared to the previous year.

“We consistently hear the same message from customers: the material performs really well, and they need more of it at a lower cost,” Dmitri Tsentalovich, co-founder and CTO of DexMat, added in the release. “This round supports the production scale-up and cost reductions required to move Galvorn into broader commercial use.”

DexMat raised $3 million in funding in a round led by Shell Ventures in 2023. The company reports a 20-fold increase in capacity since its pre-seed round, along with a 96 percent reduction in production costs.

DexMat's technology was originally developed in the Rice University lab of co-founder Matteo Pasquali, who also serves as director of Rice’s Carbon Hub. According to previous reports, the company was built on over $20 million in non-dilutive funding—including grants from the Air Force Research Laboratory, Air Force Office of Scientific Research, U.S. Department of Energy, NASA, Advanced Functional Fabrics of America and the National Science Foundation—with Rice University included in the list of original investors.

Here are 5 must-attend Houston energy events for February 2026

Mark Your Calendar

Editor's note: The second half of February is buzzing with must-attend events for those in the Houston energy sector. We've rounded up a host of events to put on your calendar for the month, with topics ranging from AI in energy to emissions management for a sustainable future. Get the details below, and register now.

Feb. 18-20 — NAPE Summit Week 2026

NAPE is the energy industry’s marketplace for the buying, selling, and trading of prospects and producing properties. NAPE brings together all industry disciplines and companies of all sizes, and in 2026 it will introduce three new hubs — offshore, data centers, and critical minerals — for more insights, access, and networking opportunities. The event includes a summit, exhibition, and more.

This event begins Feb. 18 at George R. Brown Convention Center. Register here.

Feb. 23-25 — AI in Energy Summit

The third annual AI in Energy Summit will bring together 200 senior leaders from the utilities, oil and gas, power generation, and renewables sectors for three days of conversation in Houston, the heart of energy innovation. Attendees will hear directly from operators who’ve taken AI projects from proof of concept to full deployment; learn how make data AI-ready and align AI with business goals; and discover what’s working in GenAI, ML Ops, Agentic AI, and more.

This event begins Feb. 23 at Norris Conference Center. Register here.

Feb. 24-26 — 2026 Energy HPC & AI Conference

The 2026 Energy HPC & AI Conference marks the 19th year for the Ken Kennedy Institute to convene experts from the energy industry, academia, and national labs to share breakthroughs for HPC and AI technologies. The conference returns to Houston with engaging speaker sessions, a technical talk program, networking receptions, add-on workshops, and more.

This event begins Feb. 24 at Rice University's BRC. Register here.

Feb. 25-26 — Energy Emissions Management Conference

The fifth annual Energy Emissions Management Conference is the premier gathering for energy leaders who are committed to staying ahead of the rapidly evolving emissions landscape. The conference aims to foster collaboration, drive technological innovation, and strengthen transparency, supporting organizations in meeting their regulatory obligations and sustainability goals.

This event begins Feb. 25 at Hilton Houston Westchase. Register here.

Feb. 26 — February Transition on Tap

Mix and mingle at Greentown Labs' first Transition on Tap event of the year. Meet the accelerator's newest startup members, who are working on innovations ranging from methane capture to emissions-free manufacturing processes to carbon management.

This event begins at 5:30 pm on Feb. 26 at Greentown Labs Houston. Register here.

Syzygy inks long-term offtake agreement for first commercial SAF plant

fuel deal

Houston-based Syzygy Plasmonics has secured a six-year official offtake agreement for the entire production volume of its first commercial-scale biogas-to-sustainable aviation fuel project in Uruguay, known as NovaSAF-1.

SP Developments Uruguay S.A., a subsidiary of Syzygy, entered into the agreement with Singapore-based commodity company Trafigura, according to a news release. There is also an option for Trafigura to purchase additional volumes from future Syzygy projects.

The first deliveries from the landmark SAF facility are expected in 2028.

“This agreement marks a critical step in our journey toward commercial-scale impact and disrupting the SAF market,” Trevor Best, CEO of Syzygy Plasmonics, said in the news release. “With a signed offtake agreement from a global leader like Trafigura, and after having successfully completed FEED engineering in December, we're now ready to secure financing for the construction of NovaSAF-1 and move our technology from potential into production."

The NovaSAF-1 project will be located in Durazno, Uruguay. The facility will be the world's first electrified biogas-to-SAF facility producing renewable and advanced compliant SAF. Syzygy estimates that the project will produce over 350,000 gallons of SAF annually. The facility is expected to produce SAF with at least an 80 percent reduction in carbon intensity compared to Jet A fuel.

It’s backed by Uruguay’s largest dairy and agri-energy operations, Estancias del Lago. It will also work with Houston-based Velocys, which will provide Fischer-Tropsch technology for the project. Fischer-Tropsch technology converts synthesis gas into liquid hydrocarbons, which is key for producing synthetic fuels like SAF.

View All Listings

ENERGYCAPITALHTX EMAILS ARE AWESOME