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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American Airlines and Google ink record-breaking deal for cleaner jet fuel

SAF DEAL

Fort Worth-based American Airlines has sealed a record-breaking deal with tech giant Google to bolster the use of cleaner jet fuel.

The deal involves Google’s purchase of sustainable aviation fuel certificates tied to fuel that American will use at Chicago O’Hare International Airport, one of the airline’s hubs. These certificates enable companies like Google to pay for the environmental benefits of sustainable jet fuel without actually using the fuel.

American and Google say this is the largest publicly announced certificate deal between an airline and a corporate customer.

Google says environmental gains from the certificates will help it cut emissions from employees’ business travel.

The agreement covers 35 million gallons of sustainable aviation fuel over three years, resulting in a nearly 300,000 metric tons of carbon dioxide equivalent emissions. American has agreed to buy the fuel from San Antonio-based Valero.

“Our industry-leading agreement with Google is a critical step forward in reducing emissions from our operations,” Jill Blickstein, American’s chief sustainability officer, said in a news release. “By working with leaders like Google who share our commitment to innovation, we’re helping to grow demand for [cleaner jet fuel] and support the development of a stronger, more resilient market.”

Sustainable aviation fuel can reduce emissions by up to 80 percent compared with traditional jet fuel. It is made from feedstocks, like waste oil and fats, or it can be produced synthetically using captured carbon dioxide and renewable electricity.

The aviation industry accounts for about 2.5 percent of carbon dioxide emissions around the world, according to the International Energy Agency.

CenterPoint reports grid resilience updates as hurricane season begins

hurricane readiness

As hurricane season descends upon the region, CenterPoint Energy has shared the latest update on its Greater Houston Resiliency Initiative (GHRI) that’s been working to make grid upgrades and introduce weather-related tech since 2024.

As of April 2026, CenterPoint had:

  • Replaced more than 65,000 poles with stronger storm-resistant infrastructure
  • Trimmed or cleared more than 10,000 miles of vegetation
  • Undergrounded more than 500 miles of power lines
  • Installed more than 600 automation devices
  • Installed more than 150 weather stations

In May, CenterPoint announced its new Community Progress Tracker, which helps residents track electronic infrastructure improvements. In terms of other technology, CenterPoint has announced its partnership with weather, wildfire and flood modeling software Technosylva. The software is expected to help CenterPoint track weather conditions in advance to better prepare crews.

CenterPoint has also added 150 weather stations to improve weather monitoring, conducted a full-scale hurricane response exercise involving more than 400 employees and completed more than 25,000 hours of FEMA training across more than 800 employees. The company opened a new year-round Emergency Operations Center to help coordinate with emergency response partners, local and state officials, and media during major weather events.

“We are proud of the progress made in 2025, which helped deliver more than 100 million fewer outage minutes when compared to 2024, and we are determined to make even more progress in 2026 as we work toward our defining goal: building the nation's most resilient coastal grid,” Nathan Brownell, CenterPoint's vice president of resilience and capital delivery, previously said in a news release.

According to the company, the GHRI aims to improve overall grid resiliency and reliability and to reduce outages for customers. CenterPoint projects its efforts can reduce customer outages by 150 million by the end of 2026.

Energy expert: Why Houston's 100-degree days matter more than 5 years ago

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If you are a Houston native or have lived in the city since the 1980s, you likely remember when a 100-degree day was so rare it made the local news. There were heat advisory warnings, with special attention to the midday hours, because the heat exposure carried with it risks like dehydration, heat stroke and extreme exposure to UV rays.

In this new era for our city and state, 100-degree days are becoming more common. Our local weather forecasters still report on the occurrence, but we are no longer able to restrict our activities as heavily.

The climate has changed rapidly, and Texans are navigating our collective response to the increased heat that has serious implications for our health, energy supply, economy and regional life.

Houston Has Always Been Hot, But This Heat is Different

Houston has expanded exponentially in the last few decades, doubling its population from roughly 1.4 million in 1976 to 2.4 million today. When we account for the growth in the surrounding suburbs, the population boom nearly quintuples.

Houston and the surrounding suburbs now total nearly 7 million people, a huge population increase that brings greater demand for energy. This demand impacts our infrastructure, energy availability, consumer costs, workforce productivity and water supply significantly. With these additions comes more asphalt and fewer trees. With less tree cover and green space, heat gets trapped, increasing temperatures in the city.

We are not just inheriting rising temperatures; we are also building hotter cities.

100-Degree Days and The Texas Grid

I have written before about our grid capacity, changes facing Texas, and the strain that we have seen on the grid. While redundancies in the Texas grid are improving, the pace of this change continues to pose challenges for our area.

The extreme heat has now made air conditioning mandatory for a greater percentage of days during the calendar year. AC units (large and small) are no longer cycling on and off as they are designed to run; instead, most systems are running continuously to meet the needs of Texans.

Daily activities and devices, including remote work, the AI boom, physical exercise, children’s playtime, charging multiple devices, and streaming entertainment, require much more cooling than in previous generations, producing a much larger demand on the grid.

Additionally, the way Houstonians live at home has also changed. Homes across America are much larger on average than they were in the 1980’s. Also, with the rise of remote work, there is a greater need for all-day electricity in each individual household. These factors, combined with the exponential increase in the number of devices and appliances used in households, significantly affect energy demand in our region.

Of course, we’re also seeing massive usage of electricity from large business users (warehouses, data centers, and more), including empty office buildings as return-to-office is slower than expected post-pandemic.

Heat is Not the Only Culprit

As Houston is a coastal city, we not only have to contend with 100-degree temperatures, but humidity also adds an extra layer of complexity to our climate. Thanks to the humidity, temperatures stay elevated for longer periods, meaning everything is retaining heat at a higher rate and for longer than ever before.

The heat never really leaves us anymore, as we don’t have cooler nights to help balance these very hot days. The compounding effect of extreme temperatures and high humidity makes energy demand higher in our region than in places like the New Mexico desert.

Economic Impact on Our Region

Extreme heat hits Texans’ wallets long before a weather alert ever pops up. When temperatures stay above 100 degrees for days at a time, air conditioners are basically working overtime, which sends electricity bills climbing.

And the harder those systems run, the more wear and tear homeowners end up dealing with, usually at the worst possible time, like the middle of July when a boom of AC units decide to quit at once. Meanwhile, roads, transformers and other infrastructure are all under more stress than they were originally built for.

There’s also a much bigger ripple effect that people don’t always think about. When it’s dangerously hot outside, construction crews, energy workers, landscapers, and other outdoor industries simply can’t operate the same way, which slows productivity and raises safety concerns.

Cities are also spending more money on cooling centers and heat-related emergency response, and over time, all of those rising costs have a way of showing up somewhere, whether that’s insurance rates, utility costs or the price communities pay to keep up with extreme weather.

The Opportunity for Houston

Texas is becoming a real-time test case for what happens when extreme heat, rapid growth, and massive energy demand all hit at once. While problematic, it also creates a huge opportunity for Houston and the Texas energy sector to lead. If there’s any place equipped to determine what the future of energy resilience looks like, it’s the city that already powers so much of the world’s energy conversation.

And the solution isn’t just “create more electricity.” It’s about building a smarter, more flexible system overall with better grid technology, battery storage, stronger infrastructure, more efficient building, and energy systems that can handle these extreme weather swings without everything feeling stressed at once. The reality is that a lot of what Texas figures out over the next few years could become the blueprint for other cities and states across the country.

Houston is already testing some of these smarter resilience strategies, such as microgrids, stronger substations, and more flexible energy systems designed to keep critical facilities running during major storms or outages. The goal is simple: build a grid that can take a hit without everything feeling strained all at once.

Going Forward

Hotter days are here to stay. We can’t stop our lives amid the extreme heat, so we have to find ways to adapt and we have to do it quickly. If there’s one thing Texas has always done well, however, it’s innovate under pressure. The communities, companies and energy leaders that move fastest now won’t just be responding to the future, they’ll be helping define it.

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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.