Week of July 20
This week’s stories highlight how regulators, courts, industry groups, and policymakers are grappling with grid reliability, environmental compliance, workplace safety, and emerging technologies. Whether you are evaluating data center projects, navigating environmental permitting issues, assessing workplace health and safety obligations, or following evolving energy infrastructure policies, I would be happy to discuss these topics and their potential implications for your business or projects. Please feel free to reach out if you would like to connect.
Lawmakers Focus on Who Pays for Data Center Growth
A bipartisan House committee advanced legislation that would encourage states to require large data center operators to bear the costs they impose on electric systems rather than shift those costs to ratepayers. The proposal reflects growing concern over the impacts of AI-driven electricity demand on utility bills, grid reliability, and local communities. Read more: Energy & Commerce Committee Press Release.
Senate Proposal Seeks Faster Grid Interconnections
New legislation introduced in the Senate would create a streamlined “connect and manage” approach for certain power generation projects that agree to limit their output to avoid costly grid upgrades. Supporters argue the approach could reduce lengthy interconnection delays and bring new energy resources online more quickly. Read more: Senate Bill 5008.
Fifth Circuit Limits OSHA Authority Over Mental Illness Recordkeeping
The U.S. Court of Appeals for the Fifth Circuit vacated an OSHA regulation requiring employers to record certain work-related mental illness diagnoses. The court concluded that OSHA lacked clear congressional authorization to regulate mental illness through its recordkeeping requirements, continuing a broader trend of courts closely examining agency authority. Read more: Fifth Circuit Decision.
Court Orders EPA to Move Forward with Soot Pollution Designations
A federal court ordered EPA to identify areas that fail to meet stricter PM2.5 (fine particulate matter) standards finalized during the Biden administration. The ruling requires EPA to proceed with Clean Air Act implementation efforts that had been delayed and could have significant implications for states and regulated facilities located in future nonattainment areas. Read more: Court’s Decision.
Trump Calls for Review of Judicial Science Reference Manual
President Trump has called for a review of the National Academy of Sciences’ Reference Manual on Scientific Evidence, a longstanding resource used by federal judges in cases involving scientific and technical issues. The request follows criticism of the manual’s treatment of climate science and highlights the ongoing debate over the role of scientific expertise in environmental litigation. Read more: Courthouse News Service Article.
FERC Targets Data Center Reliability Risks
FERC directed the North American Electric Reliability Corporation (NERC) to develop new reliability standards addressing large computational loads, including data centers. The order reflects growing concern that rapidly increasing power demand from data centers could create reliability challenges for the bulk electric system if not properly managed. Read more: NERC Press Release.
Federal Government Explores Offshore Nuclear Power
The Trump administration announced a new effort to evaluate whether nuclear power facilities could someday be deployed in federal ocean waters. The initiative includes coordination between federal agencies and comes alongside broader efforts to explore small modular reactors and other advanced nuclear technologies for maritime applications. Read more: DOI Press Release.
Industry Groups Seek Unified Chemical Safety Rules
A coalition of more than 75 trade associations asked EPA, OSHA, and OMB to coordinate workplace chemical safety requirements. The groups argue that overlapping EPA and OSHA regulations create inconsistent compliance obligations and are advocating for a more unified federal framework. Read more: Letter to EPA, OSHA, and OMB.