Shell has entered a 15-year agreement to be the first offtaker to receive electrons from Fervo Energy's flagship geothermal development in Beaver County, Utah, known as Cape Station. Photo via fervoenergy.com

Beginning in 2026, Shell will be able to apply 31 megawatts of 24/7 carbon-free geothermal power to its customers thanks to a new 15-year power purchase agreement with Houston next-gen geothermal development company Fervo Energy.

“This agreement demonstrates that Fervo is stepping up to meet the moment,” Dawn Owens, VP, Head of Development & Commercial Markets at Fervo, said in a news release.

Shell will become the first offtaker to receive electrons from Fervo's flagship geothermal development in Beaver County, Utah’s Phase I of Cape Station. Cape Station is currently one of the world’s largest enhanced geothermal systems (EGS) developments, and the station will begin to deliver electricity to the grid in 2026.

Cape Station will increase from 400 MW to 500 MW, which is considered by the company a major accomplishment due to recent breakthroughs in Fervo’s field development strategy and well design. Fervo is now able to generate more megawatts per well by optimizing well spacing using fiber optic sensing, increasing casing diameter and implementing staggered bench development. This can allow for a 100 MW capacity increase without the need for additional drilling, according to the company.

With the addition of the new Shell deal, all 500 MW of capacity from Fervo’s Cape Station are now fully contracted. The deal also includes existing agreements, like Fervo’s PPAs with Southern California Edison and an expanded deal with Clean Power Alliance that adds 18 MW of carbon-free geothermal energy to the company’s existing PPA with Fervo.

“As customers seek out 24/7 carbon-free energy, geothermal is clearly an essential part of the solution,” Owens said in the release.

EDP Renewables North America LLC has announced four new solar projects in Texas, Mississippi and Illinois for major tech customers. Photo via Getty Images

Houston renewables developer powers 4 new solar parks for Amazon, Microsoft

now open

Houston-based EDP Renewables North America LLC announced that it has powered up four new projects across the country for customers Amazon and Microsoft.

The new projects come about a month after EDP Renewables powered up its new California solar park for Houston-based Shell Energy North America and the Eureka, California-based Redwood Coast Energy Authority.

EDP Renewables announced that it also launched the 100-megawatt Ragsdale Solar Park in Madison Country, Mississippi, in Q4 2024. Amazon has contracted for all 100 megawatts from the solar park through a 15-year power agreement.

The Ragsdale project is the company's second utility-scale project in Mississippi after EDP Renewables launched its Pearl River Solar Park last year.

“Ragsdale signifies EDP Renewables’ ongoing commitment to Mississippi, its communities, and local businesses. The opportunity to develop utility-scale solar and contract directly with customers like Amazon, who are also committed to expanding their own presence in Mississippi, has been invaluable," Sandhya Ganapathy, CEO of EDP Renewables North America, said in a statement. "We are proud to aid the state’s commercial and industrial growth with homegrown energy solutions."

Additionally, EDP Renewables has powered three new projects for tech-giant Microsoft, with two in Illinois and one in Texas.

In December EDP Renewables powered a 150-megawatt Cattlemen II Solar Project in Milam County, Texas, about 70 miles northeast of the Austin area. It joins the 240-megawatt Cattlemen I Solar Park, which came online a year prior.

The company also launched the 140-megawatt Wolf Run Solar Project near Jacksonville, Illinois, and the Hickory Solar Project in Jerseyville, Illinois, late last year. The Hickory project was developed in conjunction with D.C.-based Volt Energy Utility.

Microsoft has agreed to purchase 389 megawatts and renewable energy credits from the projects, which brings the portfolio between the two companies up to five projects in total. It also includes the Timber Road IV Wind Farm located in Payne, Ohio.

"The importance of ensuring benefits flowing from renewable energy development directly into communities has never been more important,” Ganapathy added in a statement. “Through these three additional projects, we’re keeping our promise – and indeed the industry’s promise – to contribute to the nation’s growing energy demand and in that process invest in long-lasting economic growth of our communities.”

EDP Renewables North America unveiled the new Sandrini I & II Solar Energy Park near Bakersfield, California. Photo via Pixabay

Houston renewables developer powers two new California solar parks

now open

EDP Renewables North America LLC, a Houston-based developer, owner, and operator of renewable energy projects, has unveiled a solar energy park in California whose customers are Houston-based Shell Energy North America and the Eureka, California-based Redwood Coast Energy Authority.

Sandrini I & II Solar Energy Park, located near Bakersfield, is capable of supplying 300 megawatts of power. The park was completed in two phases.

“Sandrini I & II represent EDP Renewables’ continued commitment to investing in California and are a direct contribution to California's admirable target of achieving 100 percent clean electricity by 2045,” says Sandhya Ganapathy, CEO of EDP. “The Golden State is known for its leadership in solar energy, and EDP Renewables is elated to meet the growing demand for reliable clean energy sources.”

Shell signed a 15-year deal to buy power from the 200-megawatt Sandrini I, and the Redwood Coast Energy Authority signed a 15-year deal to buy power from the 100-megawatt Sandrini II.

In July, EDP announced the opening of the 210-megawatt Pearl River Solar Park in Mississippi. Earlier in 2024, the company debuted the 175-megawatt Crooked Lake Solar Park in Arkansas and the 74-megawatt Misenheimer Solar Park in North Carolina. Click here to read more.

After recently divesting from wind and solar energy initiatives, Shell has plans to quadruple EV charging stations in the next several years. Photo via shell.com

Shell fuels energy transition with roll out of EV charging stations

coming soon

As it downshifts sales of fuel for traditional vehicles, energy giant Shell is stepping up its commitment to public charging stations for electric vehicles.

In a new report on energy transition, Shell lays out an aggressive plan for growing its public network of charging stations for electric vehicles (EVs). The company plans to boost the global number of public EV charging stations from about 54,000 today to around 70,000 by 2025 and about 200,000 by 2030.

The projected growth from today to 2030 would represent a 270 percent increase in the number of Shell-operated EV charging stations.

“We have a major competitive advantage in terms of locations, as our global network of service stations is one of the largest in the world,” Shell says in the report.

Shell’s global network of service stations is shrinking, though. In the report, the company reveals plans to close a total of 1,000 gas stations in 2024 and 2025. Today, more than 45,000 Shell-branded gas stations are located in over 90 countries.

Aside from Shell gas stations, the company’s Shell Recharge business unit operates public EV charging stations along streets, at grocery stores, and at other locations in 33 countries.

Shell, whose U.S. headquarters is in Houston, is ramping up its EV charging network amid forecasts of slowing demand for oil and rising demand for EVs. Other than EV charging, Shell is focusing on biofuels and integrated power as components of its revamped product mix.

“Shell is well positioned to become a profitable leader in public charging for electric vehicles, meeting the growing demand from drivers who need to charge on the go,” the report says.

To accelerate its EV charging presence in the U.S., Shell in 2023 purchased Volta, a San Francisco-based operator of EV charging stations. Shell says it now operates one of the largest public EV charging networks in the U.S., with more than 3,000 charging points in 31 states and another 3,400 under development.

“The availability of charging points will be critical for the growth in electric vehicles,” the report says.

Last month, Shell divested from a solar energy subsidiary, before later announcing an exit from a wind energy joint venture.

"In-line with our Powering Progress strategy, Shell continues to hone our portfolio of renewable generation projects in key markets where we have an advantaged position," Glenn Wright, senior vice president at Shell Energy Americas, said in a news release at the time.

Companies like ExxonMobil, NRG, and Shell play an important role in helping the world transition to renewable energy sources. Photo via htxenergytransition.org

3 Houston companies leading the way towards a low-carbon future

the view from heti

As the world population makes a jump towards more than 9 billion people by 2050, the race to net-zero is more important than ever. An increase in population means an increase in the demand for energy. With everything from greenhouse gases, pollution, carbon and nitrogen deposition putting a strain on planet Earth, community and business leaders are making commitments to advance the energy transition.

Companies like ExxonMobil, NRG, and Shell play an important role in helping the world transition to renewable energy sources. Here are three ways that these energy companies are working towards an energy abundant, low-carbon future.

NRG Energy

Headquarted in Houston, NRG Energy is the leading integrated power company in the U.S. In 2022, NRG introduced a new Sustainability and Resiliency Impact Study as part of Harris County’s Climate Action Plan to reduce the city’s carbon emissions by 40% by 2030. The initiative includes $34 million in park upgrades and is expected to save $54 million.

That same year, Evolve Houston, a nonprofit working to accelerate electric vehicle adoption within the Greater Houston area, launched an e-mobility microgrant initiative funded by Evolve Corporate Catalysts, General Motors and bp. With five founding members, among them being NRG Energy and Shell, the goal of the initiative is to improve regional air quality and reduce greenhouse gas emissions in the Greater Houston area.

At the top of 2023, Reliant Energy and NRG launched the Simple Solar Sell Back electricity plan for Texans aimed at providing solar panels to local homes for lower electricity bills.

Shell

On a mission to improve their own operations, Shell is addressing energy efficiency over time and capturing or offsetting unavoidable greenhouse gas emissions. Headquartered in London. Shell is on a mission to become a net-zero emissions energy business by 2050. In 2022, the British multinational company invested $6 million to create the Prairie View A&M Shell Nature-Based Solutions Research Program, funded through the company’s Projects & Technology organization dedicated to funding research to develop new technology solutions.

In March of 2022, Shell gifted the University of Houston $10 million to bolster the institution’s efforts to establish the Energy Transition Institute which focuses on the production and use of reliable, affordable and cleaner energy for all. The company also launched the residential power brand Shell Energy offering 100% renewable electricity plans.

ExxonMobil

ExxonMobil is one of the world’s largest publicly traded international oil and gas companies. In 2021, the multinational oil and gas corporation pledged to invest more than $15 million in solutions to lower greenhouse gas emissions initiatives across six years. As a part of their approach to improve air quality, ExxonMobil is working to:

  • Understand the composition and extent of our emissions
  • Meet or exceed environmental regulations
  • Reduce air emissions to minimize potential impacts on local communities
  • Monitor the science and health standards related to air quality

Throughout the years, plastics have become an essential component of products, packaging, construction, transportation, electronics and more. While plastics are durable, lightweight and cheap, they also emit 3.4% of global greenhouse gas emissions. Late last year, the major corporation announced the successful startup of one of the largest advanced recycling facilities in North America. Located in Baytown, Texas, the recycling facility uses proprietary technology to break down raw materials for new products and is expected to have nearly 1 billion pounds of annual advanced recycling capacity by the end of 2026.

According to their 2023 Advancing Climate Action Progress Report released early this year, the corporation plans to reduce greenhouse gas emissions through 2030.

From resolving power grid issues to developing renewable energy technologies, Houston energy companies are powering today to empower the future.

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This article originally ran on the Greater Houston Partnership's Houston Energy Transition Initiative blog. HETI exists to support Houston's future as an energy leader. For more information about the Houston Energy Transition Initiative, EnergyCapitalHTX's presenting sponsor, visit htxenergytransition.org.

Joseph Powell, founding director of UH Energy Transition Institute, discusses the institute's role in the clean energy landscape and their corporate partnerships. Photo via uh.edu

University of Houston's energy transition exec unpacks future of institute, partnerships, and more

Q&A

Joseph Powell is about six months into his role as the founding director of the University of Houston’s Shell-backed Energy Transition Institute but already is eyeing how the Institute can aid generations to come through clean energy.

The Energy Transition Institute, which launched a year ago through a $10 million grant from Shell USA Inc. and Shell Global Solutions (US) Inc., is focused on three core areas of clean energy: hydrogen, carbon management, and circular plastics. Powell previously served as chief scientist for Shell as a chemical engineer and has co-invented 60 granted patents.

Powell discussed with EnergyCapital the projects ETI is excited for, opportunities for students to get involved, and their partnership with corporations.

EnergyCapitalHTX: To get started with a little bit of background, the University of Houston Energy Transition Institute was established in March 2020 with a $10 million commitment from Shell. So why did the university decide now is the time for an institute like this to be formed?

Joseph Powell: Houston is the energy capital, and the energy transition has been on everyone's mind, and so certainly now is the right time for an offering to industry to look at how to coordinate activities in that space. We reached out to Shell, which has really made strong commitments in terms of making the pivot from being an oil and gas company to being an energy company and really embracing the energy transition and everything that goes along with that. There was a strong relationship between University of Houston and Shell on the recruitment side, so a number of the Shell staff and employees. UH has been one of the principal suppliers of talent to Shell as an organization, also on the research side in terms of research around hydrogen chemical reaction engineering, and other aspects on the social and community benefits side of what happens with energy. So, there's been quite a bit of overlap. I think Shell saw it as really important to be partnering in the energy capital of the world, to be providing that pipeline of talent for what's going to be needed for the energy transition.

EC: You decided to come to UH to lead the Energy Transition Institute over retiring. What inspired you to take on this role? What’s your vision for the organization?

JP: It was an opportunity I couldn't pass up. I had worked 36 years in the industry, for Exxon and 32 years with Shell. The elements of the Energy Transition Institute were something that I was very passionate about working on with Shell, since I've been promoted to chief scientist of chemical engineering for the growth global group in 2006. I was involved in helping Shell set its strategy to become a full energy company and chemicals, not just oil and gas. I was involved in the elements of that transition, and then I also had a very strong interest in sustainability in terms of how to manage not only the greenhouse gas footprints of the company, but also elements on the chemical side that go with sustainability.

Shell wanted to combine those two into an energy transition Institute, circular plastics and chemicals were a major focus of that, along with hydrogen as a clean vector for future energy. I was involved with Shell and helped to put together some of their moonshots for how hydrogen can be used in the future economy. The Biden administration has now termed moonshots as Earthshots for the US to be able to use hydrogen as that clean vector to deliver renewable and other forms of energy going forward, as well as carbon management, so I was heavily involved Shell’s planning for how to deal with CO2, whether to capture it and put it underground, or capture it and use it. I'm on the National Academy study team right now, looking at what is the potential to be using some of that CO2 into products as opposed to storing it underground. All of those elements were important and in line with things that I care about and have been heavily involved with, throughout my career. So, why retire when one can be engaged with all of those types of things and now help the next generation come up to speed and take that over and drive it into 2050 and beyond what needs to be done?

EC: How is UH engaging with corporate partners? Why is a collaboration of this nature important?

JP: This collaboration is important for several reasons. One is that we are that bridge to the students and workforce of the future. It's very important for this generation to be as excited about careers and energy as I was, coming up during the energy crisis of the last century and we thought we were absolutely out of energy. We had rationing of gasoline and other things going on, back when I was in high school. Now we have many sources of energy, in a certain sense an energy abundance, but we really need to be looking at the environmental footprint, impact on the climate and then what forms of energy we want to be using. Then you add to that the issue with the impact of plastics on the environment, and how to drive to a more circular economy where we're recycling those and having less of that escape into the environment; those are all strong drivers of what needs to be done going forward.

It takes a lot of energy to process chemicals, plastics, and materials in a circular manner. Developing that workforce of the future means we need the students who want to engage in these efforts and making sure that those opportunities are available across the board to people of all different economic backgrounds in terms of participating in what is going to be just a tremendous growth engine for the future in terms of jobs and opportunities. You're looking at trillions of dollars of annual investment that's needed to manage the energy transition, so it's a really exciting opportunity for those who want to be going into those careers. It's not just science and engineering, but also jobs in law, policy, and communications, because there's a tremendous need for knowledge and background in the energy transition in order to be effective in that going forward. We want to have all the good talent that can be attracted to that arena as a way to address the problem. It's a grand challenge.

We want to make sure that in addition to the research opportunities, since UH is a Tier 1 research institute, we focus on working very closely with industry; there's a number of multinational and local chemical and energy companies that have their research centers and home offices in the Houston area. We can develop those close relationships between the researchers and business interests involved with the students at the university, because we're right here and co-located and can really develop some very strong working teams in that space. It's been exciting to be responding to the federal grant opportunities, which have been abundant in the last year and a half and putting together proposals, to be engaging the industry investigators along with the university students to work on some of those problems. It's a good win-win for both.

We also get to be a trusted voice in the overall equation because there's a lot to know and understand about energy and circular chemicals. They’re more nuanced and complex than what may appear in the news headlines in terms of understanding the trade-offs that have to be worked out, in order to optimize for everyone who's involved. The university can bring in that broad set of stakeholders and have a conversation and make sure that all those co-benefits are understood and the issues that come with energy infrastructure are also worked through for people impacted by the infrastructure but also the benefits of clean air, cleaner environment, and reduced risk of climate change.

EC: Are there any particular technologies the institute is focusing on or excited about at the moment?

JP: I'm really big on hydrogen as an energy vector for the future. Currently, we use hydrogen primarily in refining petroleum into gasoline and diesel and also making fertilizer which is very important for mankind. There was a Nobel Prize on that, you know, more than 100 years ago, and the importance of being able to grow food at rates the planet’s population requires.

Hydrogen now is being looked at, beyond those applications as essentially the diesel or gasoline of the future and also the liquefied natural gas of the future. It can be a clean vector, because you can put it into a fuel cell and generate energy cleanly where water is the only product of that reaction. That can be used to drive quite a number of energy related processes that are currently using combustion of fossil fuels that contain carbon. One of the interesting things is that hydrogen can be supplied to trucks and buses, agricultural tractors, and such. Most of the goods that you're buying today are produced in warehouses where the forklifts are running on hydrogen fuel cells rather than batteries because they refuel so quickly. It's cleaner than emissions. So then there's good air quality in the warehouses. There are more than 60,000 hydrogen-fueled forklifts now in the US, because of that value proposition. We see that for this heavy duty transportation, hydrogen is that very clean vector, you can make it by taking renewable energy and splitting water into hydrogen so it can be very clean. It can also be made from the abundant natural gas we have in Texas and storing the CO2 underground and then using the clean hydrogen for that fuel. That's one of the very exciting new value propositions that go with the Institute.

The second one is carbon management. The Energy Transition Institute will sit within UH Energy, which was founded a number of years ago and so it's looking at the transition part of energy, but UH Energy has its Center for Carbon Management in Energy, which has been focusing capturing and storing CO2 underground off of the existing facilities that we have up and running. They're run by Chuck McConnell but what we will do with ETI is extend that more onto the research side for some of the new things coming along in terms of capturing and utilizing CO2. I'm on a national academy study looking at where and how we want to be turning that CO2 into usable products, using energy and hydrogen, to make a number of those projects. That synergizes with hydrogen as part of the Institute.

Capturing and converting CO2 into usable products is certainly one of the exciting opportunities and then also to reuse those products we've already been making. There are also so many nice things you can do with hydrogen in terms of energy storage, and also helping to upgrade some of the carbon dioxide into usable products, but then also bio feedstock, you can take crop residues or trees and other energy type materials and use hydrogen to upgrade those into those types of plastic materials as well. That's another place where hydrogen is combined with managing a carbon resource to make a more sustainable plastic or polymer.

EC: With UH’s strong emphasis on research and entrepreneurship, is the Institute playing to these strengths within its programming and opportunities to further this trend and if so how?

JP: The money that's been funded by Shell into the launch of the Institute, and then that's been leveraged up to the $52 million point through various donors matching funds. With that, we will be hiring additional faculty to work in this space so that we can further expand the research that's being done. Each new faculty member becomes the opportunity for three things: more coursework in the area around energy, which impacts the student education; the hiring of graduate students who will be doing research; and then that also translates into undergraduate opportunities to be working in the labs and learning. We're also going to be building a new innovation hub in the center of campus here. It will be right across from the MD Anderson library where the old College of Technology building had been located.

On the first floor, there will be a makerspace where the students with ideas and people from the community will be able to come in and have access to 3D printers and other types of materials to put their widgets and prototypes together. On the second floor, then will be the Wolff Center for Entrepreneurship, which has the top undergraduate program in terms of entrepreneurship so they will hold mentorships, present there, in classroom-like settings, getting people involved with launching an idea and taking it forth into the commercial marketplace. The Energy Transition Institute will be on the third floor because so much of that innovation will be involved in the space of energy transition, which is really the main growth engine for expanding research at the university. Then we'll have on the top floor some laboratories, not only on chemistry and materials, but also on data science. And so we have a Data Science Institute, set up by HPE here at UH, looking at for example how artificial intelligence, machine learning and all those kinds of things help you innovate in the energy materials and processes.

Having a hub that combines all of that together really is an attraction to get all those players together on campus and will be really a key to making all this happen. It's a really exciting place to get involved and if you're a student, having all that in front of you, in terms of opportunity, we think it'd be a great attraction.

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This conversation has been edited for brevity and clarity.

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Houston nonprofit launches new energy education platform

energy ed

The Energy Education Foundation, a Houston-based nonprofit, will roll out a new app-based education platform just in time for back-to-school season.

Starting this fall, EEF will offer its new EnergyXP platform to students in middle schools and through community and education events across the country. The STEM-focused platform aims to boost exposure to oil and gas concepts and career paths, according to a release from the non-profit.

EnergyXP represents a fully redesigned, interactive version of the foundation's former Mobile Energy Learning Units, which now feature upgraded technology, enhanced curricula and app integration.

“EnergyXP marks the most recent development in our educational initiatives. We aim to inspire students nationwide to explore real-world energy concepts and careers,” Kristen Barley, executive director of the Energy Education Foundation, said in the release. “Our collaborative approach involves strong partnerships with educators, industry experts and local organizations to ensure that our programs are responsive to community needs. By prioritizing equitable access to quality STEM education, we can help build a more inclusive, future-ready energy workforce.”

The new platform offers 16 hands-on and digital STEM activities that introduce a variety of energy concepts through real-world applications while "showcasing the relevance of energy in everyday life," according to the release.

EEF will host two virtual sneak peeks of the platform on Aug. 7 and Aug. 8. Register here.

Enbridge's new Texas solar project to power Meta data centers

solar deal

Construction is underway on a new 600-megawatt solar project in Texas that will supply renewable energy to Meta Platforms Inc., the owner of Facebook, Instagram and other tech platforms.

Calgary-based Enbridge Inc., whose gas transmission and midstream operations are based in Houston, announced that Meta has agreed to purchase 100 percent of the power generated by its new $900 million solar project known as Clear Fork.

The clean energy developed at Clear Fork will be used to support Meta’s data center operations, according to a news release from Enbridge. Meta has had net-zero emissions across its operational portfolio since 2020, according to its 2024 environmental report. The company matches 100 percent of its data center usage with renewable energy.

"We are thrilled to partner with Enbridge to bring new renewable energy to Texas and help support our operations with 100% clean energy, " Urvi Parekh, Head of Global Energy at Meta, said in a news release.

The Clear Fork project is expected to be operational by the summer of 2027. It will join Enbridge’s first solar power project in Texas, Orange Grove, which was activated earlier this year, as well as the company’s Sequoia solar project, which is scheduled to go online in early 2026.

"Clear Fork demonstrates the growing demand for renewable power across North America from blue-chip companies who are involved in technology and data center operations," Matthew Akman, executive vice president of corporate strategy and president of power at Enbridge, said in the news release. "Enbridge continues to advance its world-class renewables development portfolio using our financial strength, supply chain reach and construction expertise under a low-risk commercial model that delivers strong competitive returns."

Energy experts: Executive order enhances federal permitting for AI data centers

Guest column

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.