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“Burgum’s actions on offshore wind appear to be motivated by the personal financial interests of those in the administration, not our collective national interests."
A week after the US Department of the Interior said it was immediately halting five offshore wind projects in the interest of "national security," a watchdog group told congressional committees Monday that the move is "not legally defensible" and raises "significant" questions about conflicts of interest concerning a top DOI official's investments in fossil gas.
Timothy Whitehouse, executive director of Public Employees for Environmental Responsibility (PEER), wrote to the top members of the Senate Energy and Natural Resources Committee and the House Committee on Natural Resources regarding the pause on projects off the coasts of Virginia, New York, Rhode Island, Connecticut, and Massachusetts—projects that account for billions of dollars in investment, employ thousands of people, and generate sustainable energy for roughly 2.5 million homes and businesses.
The announcement made by Interior Secretary Doug Burgum last week pertained to "five vague, perfunctory, cookie-cutter orders" halting the projects, wrote Whitehouse, but PEER is concerned that the orders were issued to evade the Congressional Review Act (CRA), under which the action to halt the projects likely constitutes a "major rule."
Whitehouse explained:
Under the CRA, a rule that meets any one of three criteria (an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or in pertinent part significant adverse effects on competition, employment, investment, productivity, or innovation) is a major rule. Interior’s pause likely meets all three.
As a major rule under the CRA, the pause cannot take effect until at least 60 days after BOEM provides Congress the requisite notification and report under the CRA, which, according to GAO’s database, has not yet occurred. Congress must use its oversight authority to unveil the truth and, as appropriate, and to enforce the rule of law.
He said in a statement that “Burgum’s move is designed to bypass all congressional and public input."
The CRA states that a rule is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.”
Press statements by the DOI and by Burgum last week were "statements of general applicability and imminent future effect, designed to implement policy," wrote Whitehouse, who also said the interior secretary embarked on "a coordinated rollout with Fox News entities."
On December 22, Fox anchor Maria Bartiromo asked Burgum at 8:00 am Eastern, “What next action did you want to tell us about this morning?” Five minutes later, FoxNews.com published its first story on Burgum's orders, citing a press release that had not yet been made public and including a quote from the secretary about the "emerging national security risk" posed by the offshore wind projects.
"If last week’s actions are allowed to stand, future presidents will have unchecked authority under the guise of national security to target federal leases related to entire disfavored energy industries for political purposes."
Burgum's announcement to Fox came at least one to two hours before Bureau of Ocean Energy Management (BOEM) acting Director Matthew Giacona provided the orders to the lessees running the five wind projects.
Further, wrote Whitehouse, "Burgum’s voluminous public comments in the hours and days since the pause further show the true purpose of Interior’s singular action."
"The national security pretext quickly gives way to broad and spurious talking points about the 'Green New Scam,' how 'wind doesn’t blow 24-7' (evincing Burgum’s seeming unfamiliarity with energy storage technologies), and unyielding promotion of liquified natural gas projects," wrote Whitehouse.
Aside from the alleged illegality of Burgum's order, PEER pointed to Giacona's potential conflicts of interest with BOEM operations and specifically with halting wind projects. Giacona is a "diligent filer" of financial disclosure forms required by the Ethics in Government Act, noted Whitehouse—but those forms point to potential benefits he may reap from shutting down offshore wind infrastructure.
Giacona reported his purchase of interests in the United States Natural Gas Fund (UNG) on September 16. The fund tracks daily price movements of "natural" gas delivered at the Henry Hub in Louisiana and is subject to regulation by the Commodity Futures Trading Commission.
"Accordingly, a government employee who has an interest in UNG also has a potential conflict of interest with the underlying holdings of UNG (currently primarily natural gas futures contracts at the Henry Hub)," wrote Whitehouse.
PEER does not know whether Giacona continues to hold a financial interest in UNG or whether the offshore wind pause will have a "direct and predictable effect on a financial interest in UNG," but Whitehouse noted that Burgum and DIO have entwined the pause with the promotion of liquefied natural gas.
"It is disconcerting that Mr. Giacona temporarily had even a de minimis financial interest in natural gas futures while also leading the agency that manages the development of natural gas resources on the outer continental shelf," wrote Whitehouse, adding that Giacona also sold interests in the United States Oil Fund on September 3, while overseeing BOEM.
Based on Giacona's investments, said Whitehouse, “Burgum’s actions on offshore wind appear to be motivated by the personal financial interests of those in the administration, not our collective national interests. This is another misguided step in transforming the federal government into a franchise of the fossil fuel industry.”
“On public lands across the United States, the Department of the Interior has tens of thousands of additional active leases related to oil, gas, wind, solar, and geothermal production and mining for energy-related minerals," he added. "If last week’s actions are allowed to stand, future presidents will have unchecked authority under the guise of national security to target federal leases related to entire disfavored energy industries for political purposes."
“The rapid, largely unregulated rise of data centers to fuel the AI and crypto frenzy is disrupting communities across the country and threatening Americans’ economic, environmental, climate, and water security.”
Environmental and economic justice advocates alike have been sounding the alarm for months regarding the Trump administration's push to built massive data centers to support artificial intelligence and cryptocurrency in communities across the United States—regardless of local opposition—and on Monday Congress heard from a coalition of more than 200 groups demanding action to stop what they called "one of the biggest environmental and social threats of our generation."
Led by Food and Water Watch (FWW), which originally demanded a moratorium on new AI data centers in October, more than 230 organizations have signed a letter warning that thus far, Congress has failed to take action to stop the rapid expansion despite the fact that "the harms of data center growth are increasingly well-established, and they are massive."
The national and state groups, including Greenpeace USA, Oil Change International, and the Nebraska-based Save Rural America, pointed to a number of harms associated with the expansion of data centers in places including rural Michigan, Wisconsin, and northern Virginia.
They warned that pushing the build-out onto communities—many of which have protested the approval of the centers to no avail—will lead to:
"The rapid, largely unregulated rise of data centers to fuel the AI and crypto frenzy is disrupting communities across the country and threatening Americans’ economic, environmental, climate, and water security," the groups told Congress. "We urge you to join our call for a national moratorium on new data centers until adequate regulations can be enacted to fully protect our communities, our families, our environment, and our health from the runaway damage this industry is already inflicting."
The groups noted that electricity costs have risen 21.3% since 2021, a rate that "drastically" outpaces inflation, driven by the "rapid build-out of data centers."
As CNBC reported last month, residential utility bills rose 6% in August compared with last summer, and though price increases can be due to a host of reasons, electricity prices rose "much faster than the national average" this year in states with high concentrations of data centers. Consumers in Virginia paid 13% more, while those in Illinois paid 16% more and people in Ohio saw their costs go up 12%.
Emily Wurth, managing director of organizing at FWW, told the Guardian that rising utility costs are driving much of the grassroots action against data centers in places like Wisconsin—where a woman was violently dragged out of a community meeting by police last week after speaking out against plans for a new facility in her town—and Tucson, Arizona, where residents successfully pushed the City Council this year to block a data center project linked to Amazon.
“I’ve been amazed by the groundswell of grassroots, bipartisan opposition to this, in all types of communities across the US,” Wurth told the Guardian. “Everyone is affected by this, the opposition has been across the political spectrum. A lot of people don’t see the benefits coming from AI and feel they will be paying for it with their energy bills and water... We’ve seen outrageous utility price rises across the country and we are going to lean into this. Prices are going up across the board and this is something Americans really do care about.”
Data center projects worth a total of $64 billion have been blocked or delayed in states including Texas, Oregon, and Tennessee, and Reuters reported last week that a sizable portion of the opposition is coming from parts of the country that heavily supported President Donald Trump in last year's election.
Hundreds of people attended a recent meeting in Montour County, Pennsylvania, where Trump won by 20 points last year, raising alarm over plans to rezone 1,300 acres for Talen Energy to build a data center.
While raising prices for households that are already coping with high grocery and healthcare bills, the unregulated growth in AI data centers is also expected to add up to 44 million tons of carbon dioxide to the atmosphere in just the next five years—the equivalent of putting 10 million new fossil fuel-powered cars on the road at a time when planetary heating has already been linked to recent US weather disasters like Hurricane Helene and deadly heatwaves.
The groups appealed to Congress as Trump said he plans to sign an executive order preempting state-level AI regulations, saying that states, "many of them bad actors," should not be "involved in RULES and the APPROVAL PROCESS.”
Republicans in Congress have also recently suggested they could try to ban state-level AI regulations in the National Defense Authorization Act.
The Trump administration and its allies in the industry have issued warnings to communities that oppose the construction of AI data centers, with the White House's AI Action Plan demanding the fast-tracking of permits for building the facilities and former Sen. Kyrsten Sinema (I-Ariz.) lobbying for the industry and recently telling local officials in Chandler, Arizona that "federal preemption is coming" and they must approve plans for a 20,000-square foot data center in the city.
A Morning Consult poll taken last month found that public support for the centers is falling as rapidly as companies try to take over rural and suburban communities with new data centers. More than 40% said they supported a ban on the construction of new facilities, up from 37% just a month prior.
"If a species as iconic as the African penguin is struggling to survive," said one researcher, "it raises the question of how many other species are disappearing without us even noticing."
A study published this week about tens of thousands of starving African penguins is highlighting what scientists warn is the planet's sixth mass extinction event, driven by human activity, and efforts to save as many species as possible.
Researchers from the South African Department of Forestry, Fisheries, and the Environment (DFFE), the United Kingdom's University of Exeter, and other institutions examined a pair of breeding colonies north of Cape Town, South Africa, and published their findings Thursday in Ostrich: Journal of African Ornithology.
"These two sites are two of the most important breeding colonies historically—holding around 25,000 (Dassen) and around 9,000 (Robben) breeding pairs in the early 2000s. As such, they are also the locations of long-term monitoring programs," said study co-author Azwianewi Makhado from the DFFE in a statement.
As the study explains: "African Penguins moult annually, coming ashore and fasting for 21 days, when they shed and replace all their feathers. Failure to fatten sufficiently to moult, or to regain condition afterwards, results in death."
The team found that "between 2004 and 2011, the sardine stock off west South Africa was consistently below 25% of its peak abundance, and this appears to have caused severe food shortage for African penguins, leading to an estimated loss of about 62,000 breeding individuals," said co-author and Exeter associate professor Richard Sherley.
The paper notes that "although some adults moulted at a colony to the southeast, where food may have been more plentiful, much of the mortality likely resulted from failure of birds to fatten sufficiently to moult. The fishery exploitation rate of sardines west of Cape Agulhas was consistently above 20% between 2005 and 2010."
Sherley said that "high sardine exploitation rates—that briefly reached 80% in 2006—in a period when sardine was declining because of environmental changes likely worsened penguin mortality."
Humanity's reliance on fossil fuels is warming ocean water and impacting how salty it is. For the penguins' prey, said Sherley, "changes in the temperature and salinity of the spawning areas off the west and south coasts of South Africa made spawning in the historically important west coast spawning areas less successful, and spawning off the south coast more successful."
The researcher also stressed that "these declines are mirrored elsewhere," pointing out that the species' global population has dropped nearly 80% in the last three decades. With fewer than 10,000 breeding pairs left, the African penguin was uplisted to "critically endangered" on the International Union for Conservation of Nature (IUCN) Red List of Threatened Species last year.
Sherley told Mongabay at the time that the IUCN update "highlights a much bigger problem with the health of our environment."
"Despite being well-known and studied, these penguins are still facing extinction, showing just how severe the damage to our ecosystems has become," he said. "If a species as iconic as the African penguin is struggling to survive, it raises the question of how many other species are disappearing without us even noticing. We need to act now—not just for penguins, but to protect the broader biodiversity that is crucial for the planet's future."
Looks like the combined effects of climate change and over fishing are key factors in decimating the populations of these penguins.www.washingtonpost.com/climate-envi...
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— Margot Hodson (@margothodson.bsky.social) December 5, 2025 at 4:46 AM
Fearful that the iconic penguin species could be extinct within a decade, the conservation organizations BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) last year pursued a first-of-its-kind legal battle in the country, resulting in a settlement with the commercial fishing sector and DFFE.
The settlement, reached just days before a planned court hearing this past March, led to no-go zones for the commercial anchovy and sardine fishing vessels around six penguin breeding colonies: Stony Point, as well as Bird, Dassen, Dyer, Robben, and St. Croix islands.
"The threats facing the African penguin are complex and ongoing—and the order itself requires monitoring, enforcement, and continued cooperation from industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes," Nicky Stander, head of conservation at SANCCOB, said in March.
The study also acknowledges hopes that "the revised closures—which will operate year-round until at least 2033—will decrease mortality of African penguins and improve their breeding success at the six colonies around which they have been implemented."
"However," it adds, "in the face of the ongoing impact of climate change on the abundance and distribution of their key prey, other interventions are likely to be needed."
Lorien Pichegru, a marine biology professor at South Africa's Nelson Mandela University who was not involved in the study, called the findings "extremely concerning" and warned the Guardian that the low fish numbers require urgent action "not only for African penguins but also for other endemic species depending on these stocks."