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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SLB teams with Liberty Energy on modular power for AI data centers

ai alliance

Houston-headquartered SLB and Denver-based Liberty Energy Inc. announced a strategic agreement this month to support the rapid growth of new data center capacity.

Under the agreement, SLB will supply modular data center infrastructure and oversee large-scale execution, while Liberty will provide modular power generation systems and behind-the-meter power management technology for developers looking to add capacity. According to Reuters, the power will come from natural gas generation.

“The bottleneck in AI infrastructure is no longer just compute. It is the ability to deliver infrastructure and power on the timelines the market now demands,” Gavin Rennick, president of SLB’s New Energy and Industrial business, said in a news release. “By bringing together complementary infrastructure and power capabilities, we will help developers accelerate deployment of new data center capacity.”

The companies seek to specifically offer the modular technologies in areas without traditional grid connections or where grid capacity is limited.

They also aim to improve the "efficiency, flexibility and environmental performance of future data center energy systems," potentially through solutions like hybrid power systems and digital energy management, according to the news release.

Goldman Sachs estimates that U.S. data center capacity will more than double from 31 gigawatts in 2025 to 66 gigawatts in 2027. Other reports predict that Houston and Texas will be home to a significant portion of the data center boom, with capacity in the city and the state also expected to double in the next few years.

“The scale and complexity of AI energy infrastructure is fundamentally changing how power systems are built and deployed,” Ron Gusek, CEO of Liberty Energy, added in the release. “Liberty’s comprehensive power service platform is engineered to meet this transition, as customers increasingly prioritize tailored, integrated solutions. Building on our long-standing relationship with SLB, we are excited to bring power solutions that address immediate capacity constraints while supporting the next generation of energy systems.”

SLB sold its onshore hydraulic fracturing business in the United States and Canada to Liberty Energy in December 2020 in exchange for a 37 percent equity interest in the company.

New Rice study details how carbon capture could reduce AI data center emissions

by the numbers

A new study out of Rice University points to carbon capture and storage methods as pivotal solutions to addressing emissions from AI-driven data centers.

The study was authored by Hon Chung Lau, an adjunct professor in the Department of Chemical and Biomolecular Engineering at Rice University and founder of Low Carbon Energies LLC, and Steve C. Tsai, an energy transition consultant at Low Carbon Energies LLC, and published in the journal Energy & Fuels.

According to the study, U.S. data center power capacity could more than quadruple in five years, growing from 40 gigawatts in 2025 to 169 gigawatts by 2030. Without proper regulation of emissions, the report estimates that carbon dioxide produced by fossil-fuel power plants supplying electricity to data centers could grow at the same scale, increasing from 90 million metric tons to more than 404 million metric tons over the same time period.

The researchers analyzed publicly available data on announced U.S. data centers, which included energy sources, locations, and projected power capacity before estimating data center-related carbon emissions based on each state’s electricity mix. From there, they examined whether those emissions could be captured and stored underground in saline aquifers.

The team estimates that 34 states have enough saline aquifer storage capacity to store more than 100 years of projected data center-related carbon dioxide emissions beyond 2030. Aquifers could store an estimated 59 million metric tons of data center-related carbon dioxide, or about 66 percent of the sector’s emissions in 2025. However, that calculation could grow to 299 million metric tons, or about 74 percent of projected data center-related emissions by 2030.

The researchers found that more than 90 percent of data center-related carbon dioxide emissions could potentially be mitigated through carbon capture and storage when out-of-state storage options are included, even though they note that carbon capture isn’t the only solution.

“It does show that the geology exists to make a meaningful impact, especially in states where data center growth is strongest,” Lau said in a news release.

Rapid growth in states including Texas, Virginia, Pennsylvania, Ohio, Arizona, Colorado, Utah and Illinois was considered in the study. According to the findings, Texas would need to add 25 gigawatts of power capacity by 2030 to meet projected data center demand, as data centers require reliable electricity 24/7.

“Data centers are becoming one of the defining energy challenges of the AI era,” Lau added in the news release. “The question is not only whether we can build enough computing infrastructure, but whether we can power it in a way that is reliable, affordable and compatible with decarbonization goals.”

Shell strikes $1.8B deal to offload solar and wind assets in India

Renewable Exit

Reflecting its ongoing de-emphasis of renewable energy, oil and gas giant Shell has agreed to sell its solar and wind power business in India for $1.8 billion.

Aditya Birla Renewables Ltd. (ABRen) is the pending buyer of Solenergi Power Private Ltd., including the Sprng Energy group of companies. Sprng Energy develops, owns and operates utility-scale solar and wind power facilities in India.

Shell, whose U.S. headquarters is in Houston, acquired Solenergi in 2022 for $1.55 billion.

ABRen is Aditya Birla Group’s renewable energy platform. Global Infrastructure Partners, part of asset manager BlackRock, is a strategic investor in ABRen. ABRen develops and operates solar, wind, hybrid and battery storage projects in India.

“This agreement reflects Shell’s continued focus on adjusting the portfolio in our power business,” Machteld de Haan, Shell’s president of downstream, renewables and energy solutions, said in a news release. “We are high-grading our power portfolio and recycling capital in service of our asset-backed trading strategy … This is another step in building a more focused, competitive, and resilient business while improving returns year on year towards 2030.”

Under Wael Sawan, who was named CEO of Shell in 2023, the company has moved away from large-scale, low-yield green energy projects to concentrate on high-margin sectors. Those sectors include natural gas, LNG, deep-water drilling and global energy trading.

The Solenergi deal, expected to close by the end of this year, signals yet another move in Shell’s reassessment of its renewables business. The company has said it will no longer invest in offshore wind projects, but it remains committed to becoming a net-zero emissions business by 2050.

Shell said India remains an important market. In India, Shell offers LNG supply and regasification for downstream users, and also operates Shell Mobility and Shell Lubricants.

The proposed sale of the Indian renewables business continues Shell’s decreasing focus on renewables. In October, Shell exited Atlantic Shores Offshore Wind, a 50-50 joint venture created to offshore wind projects off the coast of New Jersey and New York.

Shell has declared it will not make new investments in offshore wind generation, favoring existing ventures and the expansion of EV charging infrastructure.

The company also announced plans to shut down its Volta C electric vehicle charging business in August 2025.

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