Joseph Krist
Publisher
SOUTH CAROLINA NUCLEAR
Santee Cooper reached an initial agreement in December with Brookfield Asset Management for the purchase of the two partially built nuclear reactors at the V.C. Summer nuclear plant in Fairfield County. The utility company hopes to know by the first half of 2028 whether the $2.7 billion deal to revive the state’s failed nuclear expansion will officially go through. Santee Cooper will maintain an ownership interest in the reactors of up to 25%. Santee Cooper’s share of the debt associated with the plant was $3.6 billion, which customers so far continue to pay for on their monthly bills. The Brookfield deal could erase all but $1 billion of that.
KEY BRIDGE SETTLEMENT
The State of Maryland has reached a settlement in principle with Grace Ocean Private Limited and Synergy Marine Pte Ltd., the owner and operator of the M/V Dali, resolving a portion of the State’s claims arising from the cargo ship’s March 26, 2024 collision with the Francis Scott Key Bridge. The State’s claims, filed in U.S. District Court for the District of Maryland in September 2024, alleged that the disaster was the result of negligence, mismanagement, and the reckless operation of a vessel that was not seaworthy and should never have left port.
The State sought damages on behalf of its agencies for the destruction of the bridge, harm to the Patapsco River and surrounding environment, lost revenues, and the wide-ranging economic losses sustained by Maryland and its residents. This settlement does not resolve any claims the State may have against the shipbuilder, Hyundai.
WESTERN WATER
The US Bureau of Reclamation will release extra water from Flaming Gorge Reservoir — potentially 1 million acre feet, which is more than a quarter of its storage capacity of 3.8 million acre feet. An initial release from Flaming Gorge, which will begin on or before May 1, is a certainty, according to Wyoming water officials. Among four storage reservoirs in the upper basin, Flaming Gorge has the most — and the most legally unrestricted – water to send downstream to Lake Powell. Colorado River authorities released an extra volume of some 465,000 acre feet of water from Flaming Gorge in 2023.
MTA FUNDING
The federal government agreed to release nearly $60 million in withheld funding for New York City’s Second Avenue subway extension. The U.S. Department of Transportation had told the Metropolitan Transportation Authority (M.T.A.) that the funding had been held up because of a review of the authority’s race- and sex-based criteria for working with disadvantaged businesses. MTA sued for breach of contract over the delayed reimbursements. The Trump administration suspended the funds in October, at the same time that Mr. Trump was pressuring Chuck Schumer, the Senate minority leader and a New York Democrat, to end a government shutdown.
DATA CENTER TAX BREAKS
Last week we noted moves in Texas to reexamine the state’s policies supporting tax incentives to the data center industry. The latest state to look at the issue is North Carolina. Gov. Josh Stein is asking a state energy policy task force to recommend overhauling or repealing a data center sales tax exemption. Under North Carolina state law, data centers that invest at least $75 million within five years are eligible for exemptions from sales and use tax.
As is the case in many of the states, laws enacted in the 2010s were not designed in anticipation of the speedy expansion of these facilities. This tax break was enacted in 2010 and then expanded in 2015. When the incentives were created and then overhauled, the state did not require recipients to track what they would have otherwise paid in taxes. There are 37 data centers that have received the incentive in North Carolina since lawmakers re-crafted the sales tax exemption in 2015.
The N.C. Department of Commerce used publicly available date to estimate that existing data centers aren’t paying between $45 and $57 million in sales taxes annually. That includes between $25 and $37 million for equipment and about $20 million for electricity. If all of the expected data center expansions in NC be completed, North Carolina would not receive between $1.5 and $2.3 billion in sales taxes during the construction process. Once those data centers are operating, North Carolina would not receive sales and use taxes of about $450 million.
CLIMATE LITIGATION
In a unanimous decision, the US Supreme Court ruled that energy companies facing lawsuits over environmental damage to Louisiana’s coast from oil and gas production can move the challenges from state courts into friendlier federal venues. The 8-0 decision (Justice Alito recused) found that the oil company had sufficiently cleared the requirements to move the case into federal court because the lawsuit dealt with oil production in Louisiana dating back to World War II, when Chevron refined crude oil into aviation gasoline for the U.S. military.
The decision found that Chevron had shown that its wartime production of crude oil related to its wartime aviation-gasoline refining for the military, a federal priority. On that basis, the companies were found to acting as “authorized federal agents” when they produced products pursuant to the war effort. The federal officer removal statute authorizes lawsuits against federal officers or people “acting under” them “for or relating to” the officers’ official duties to be moved from state to federal court.
Earlier in the week, a U.S. District Judge dismissed a Trump administration lawsuit seeking to stop Hawaii from suing fossil fuel companies in state court over climate change, citing a “longstanding” policy against federal intervention in state court processes. The Justice Department sued both Hawaii and Michigan in April of 2025, seeking to stop them from filing planned lawsuits against major oil companies over climate change, cases the administration said would imperil domestic energy production.
A different federal judge in January dismissed a similar suit that sought to block the state of Michigan from suing major oil companies. The judge in Hawaii ruled that the Justice Department lacked standing to sue Hawaii because its case was too speculative. The Justice Department’s “attempt to predict the outcome of a yet-to-be-filed lawsuit and how it could possibly injure the federal government in the future is not a concrete injury-in-fact,”.
Now, a state court judge in California has temporarily stayed proceedings in cases being brought by the State of California and many other governments in the state against the fossil fuel industry. The pendency of SCOTUS review of issues in the case of Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et al. was cited as a basis for a stay. The state judge noted that on February 23, 2026, the Supreme Court granted the petition for a writ of certiorari in Boulder. Its order specified that in addition to the question presented by the petition (quoted above), the parties are directed to brief and argue the following question: “Whether this Court has statutory and Article III jurisdiction to hear this case.”
KC STADIUM
The city of Kansas City has proposed a $600 million plan to build a new downtown stadium for the Royals baseball team. The plan includes development in the area around Washington Square Park and Crown Center modeled after successful baseball district developments in St. Louis and Atlanta. A proposed implementing ordinance would set the ground rules for the stadium, offices, and infrastructure, committing the city to issuing bonds and seeking substantial state funding. The overall project cost including public investment is projected at $1.9 billion.
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