This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

Liam Fitzpatrick’s was packed on a Tuesday in November, and all eyes in the suburban Orlando, Florida, pub were glued to the TVs behind the bar. Fitzpatrick’s usually had sports on, but this was Election Eve 2020, and Republican state Senate candidate Jason Brodeur watched nervously as the results trickled in. This was his election party. Brodeur’s campaign had spent millions of dollars running him for an open seat against the Democratic nominee, a labor attorney, and the race was neck and neck.

But his backers had a secret weapon. Just before the filing deadline, a substitute teacher named Jestine Iannotti had joined the race as an unaffiliated third-party candidate. A political unknown, she didn’t even campaign. The central Florida district was then carpeted with misleading mailers that appealed to liberal values and voters’ distaste for partisan politics—one included a stock photo that seemed to imply that Iannotti, who is white, is a Black woman. If she siphoned off votes from his Democratic rival, Brodeur stood a better chance.

Iannotti was a “ghost candidate,” one with no hope of winning who runs—or is run—specifically as a spoiler. Ghost candidates are legal in Florida—sort of. Any eligible person can run for public office, but the covert financing of ghost campaigns sometimes runs afoul of even that state’s famously lax election laws. State prosecutors would eventually conclude that Iannotti and another ghost candidate who ran in 2020—along with their political consultants—had broken quite a few. (Brodeur claimed ignorance of the scheme, and has faced no legal action as a result, though a local tax collector on trial for unrelated charges would later testify that Brodeur was well aware of it.)

Also at Fitzpatrick’s that night was then-47-year-old Frank Artiles, a burly, foul-mouthed ex-Marine and former Republican state senator. Artiles, who is Cuban American, had resigned his Senate post in disgrace in 2017 after using racial slurs in front of two Black colleagues during a drunken rant. He, too, was fixated on Brodeur’s returns, as well as the results of an even tighter state Senate race in south Miami-Dade.

The latter contest was a slugfest between one of Florida’s highest-profile Democratic lawmakers, José Javier Rodriguez, and Republican Ileana García, founder of Latinas for Trump. It, too, hinged on a ghost candidate: Alex Rodriguez, a down-on-his-luck salesman of used heavy equipment, whose shared surname with the incumbent was no coincidence. Like Iannotti, Rodriguez hadn’t campaigned. He, too, was boosted by a flood of misleading mailers. 

As the final tallies came in, the mood at Fitzpatrick’s turned electric. Brodeur ended up winning his seat by about 7,600 votes. (Iannotti drew nearly 6,000.) In south Miami-Dade, Garcia, the Republican, edged out incumbent José Rodriguez by fewer than 40 votes. Artiles was jubilant. “That was me!” a partygoer recalls him yelling. “That’s all me!”

At a criminal trial this week in Miami, the prosecution may ask the jury to interpret Artiles’ outburst as an admission of guilt. Four months after the election party, the Miami-Dade state attorney charged him and ghost candidate Rodriquez with multiple campaign finance–related felonies. Among other charges, Artiles stands accused of conspiracy, making excessive campaign contributions, and “false swearing” in connection with voting or elections. If found guilty on all counts, he faces up to five years in prison.

In Central Florida, prosecutors issued a multi-count indictment against Iannotti and the two operatives (Eric Foglesong and Ben Paris, chair of the Seminole County Republican Party) who’d arranged for her to run. (A ghost candidate Artiles had recruited for a third state Senate race—a spa owner whose wife regularly waxed Artiles’ back—was not charged.) In 2022, a jury found Paris guilty of interfering in an election by means of an illegal campaign donation—the state recommended 60 days in jail; the judge gave him a year of probation, community service, and a fine. Foglesong, charged with felony and misdemeanor election crimes, avoided possible jail time by pleading no contest to misdemeanor charges, and Iannotti pleaded no contest last month to a pair of first-degree misdemeanors. Artiles maintains his innocence.

And all of the above might have been just another colorful tale of shady politics in the Sunshine State were it not for a spat between political consultants.

Indeed, after the leaders of Matrix LLC, a high-powered political consulting firm whose CEO helped finance the ghost campaigns, started feuding, the story took on a new life, offering something rarer and more consequential: a glimpse, oddly enough, into the political meddling of one of America’s largest power companies.

The source of the leak was never clear, but as the consultants squabbled, thousands of pages of Matrix’s internal documents made it into the hands of Florida news outlets. The revelations therein, and reporting on discovery materials generated by the various prosecutions, would culminate in the abrupt January 2023 retirement of Florida Power & Light CEO Eric Silagy, triggering a single-day, $14 billion drop in the company’s market value.

FPL is a subsidiary of NextEra Energy, one of the nation’s largest utility conglomerates in terms of homes and businesses served. And although its parent is a major producer of renewable energy, FPL is among Florida’s biggest greenhouse-gas emitters. The leaked documents, in any case, showed that FPL was enmeshed in a covert campaign of media manipulation, surveillance, and what one federal securities lawsuit calls electoral “dirty tricks,” all in the name of maximizing profits.

Investigations by Floodlight and other Florida news outlets would reveal that the ghost candidates were bankrolled with some $730,000 in dark money, $100,000 of which was channeled through a prominent Republican operative into a 501(c)(4) nonprofit that Artiles controlled. (Artiles’ attorney, Frank Quintero, disputes that any of that money ever made it to ghost candidate Rodriguez: “The prosecutor can say whatever the fuck he wants, but the reality is different than what he wants it to be.”) The remaining $630,000 made its way through a daisy chain of opaque nonprofits partially overseen by the CEO of Matrix, which was then working for FPL.

From the utility’s perspective, expanding the state Senate’s Republican majority—by whatever means—would help fulfill its legislative priorities. Those priorities included escaping liability for damages related to power outages in the wake of Hurricane Irma; ousting J.R. Kelly, the state’s long-serving (unsympathetic) consumer utility watchdog; and winning approval from the Senate-confirmed Public Service Commission for Florida’s largest-ever hike in electricity rates. The defeat of Sen. Rodriguez had the added benefit of kneecapping one of the state’s most prominent backers of rooftop solar, which reduces carbon emissions and lowers utility bills—and against which FPL had waged a decade-long counterinsurgency campaign.

FPL, which declined to comment for this article, prevailed on all counts.

The company has steadfastly denied wrongdoing, although it does not dispute hiring Matrix. “They did good work,” then-CEO Silagy told me in June 2022. During the same interview, he admitted to authoring a January 2019 email about Sen. Rodríguez, wherein Silagy ordered his minions “to make his life a living hell”—a directive that was immediately relayed to Matrix.

The utility claims that two outside law firms, whose investigations FPL commissioned but has never made public, have cleared it of election-related liability or wrongdoing, despite reporting that suggests otherwise. The Orlando Sentinel, for example, reported that Silagy sometimes used an email pseudonym (Theodore Hayes) when communicating with Jeff Pitts, then CEO of Matrix. And a 2022 Federal Election Commission complaint accused five nonprofits linked to Pitts of “direct and serious violations of the Federal Election Campaign Act.”

The complaint, dismissed earlier this year after the partisan six-member commission deadlocked on a party-line vote, cites a memo Pitts sent to Silagy laying out how FPL could channel money covertly through a series of nonprofits and, ultimately, a super-PAC, to fund “‘political activities’ on both the state and federal level.” The complaint alleges that “the effect of this scheme would be to illegally hide the identities of the true source or sources of contributions.”  

“Unfortunately, partisan gridlock and dysfunction has become routine at the FEC, which has only opened four investigations this year,” says Stuart McPhail, senior litigation counsel at Citizens for Responsibility and Ethics in Washington, the nonprofit that filed the complaint. “That means many complaints, even those for which the FEC’s nonpartisan expert staff recommends an investigation, end in partisan gridlock. That’s exactly what happened with our complaint.”

The scenes to follow are based on thousands of pages of documents and more than 50 interviews with various players. In addition to setting the stage for Artiles’ long-delayed trial, they offer a window into how some utility monopolies have chosen to flex their political power, pushing legal boundaries for financial gain, and sometimes thwarting America’s transition to clean energy in the process.

On a Friday evening in late February 2017, 32 NASCAR race-truck drivers squinted under the Daytona International Speedway’s 2,000-watt lights. Their eyes were fixed on state Sen. Frank Artiles, who sported a suede jacket emblazoned with the NextEra logo. He waved a green flag to kick off the 250-mile race, sponsored by NextEra Energy Resources, another NextEra subsidiary, but just two laps in things went awry—a 17-vehicle pile-up that resulted in one of the trucks getting completely totaled.

Your high school English teacher would call this foreshadowing.

Artiles was then serving his first term in the Florida Senate and chairing its energy committee. That is to say, the elected official who controlled the fate of state bills related to energy and the environment was accepting the red-carpet treatment from a utility holding company that routinely had business before his committee.

Such potential conflicts of interest are not unusual in the utility realm. Investor-owned power companies specialize in charming and lobbying legislators and regulators. A captured regulator might approve a higher profit margin for a power company than an adversarial one would. A friendly legislator is more likely to pass favorable laws. Across the nation, utilities are the most active lobbyists on state environmental bills.

Our system “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines.”

What makes the situation especially irksome is that utilities are not normal companies. The firms that provide gas and electricity and send monthly bills to homeowners and businesses are state-sanctioned monopolies. They don’t make money from selling power per se. Rather, like a waiter with guaranteed tips, their profit margins are pre-determined by regulators based on how much they invest in their infrastructure. The more plants and poles and substations a utility builds, the bigger its guaranteed return, which averages about 10 percent nationwide. (FPL’s have run as high as 11.8 percent.) Politicians and regulators, at least in theory, are supposed to act on behalf of consumers and prevent utilities from running up the tab.

The way the system is set up “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines,” says David Pomerantz, executive director of the Energy and Policy Institute, a nonprofit utility watchdog. “No matter how you slice it,” he adds, “they are among the biggest spenders on political influence generally.”

The numbers are staggering. According to the Institute for Local Self Reliance, an energy think tank, investor-owned utilities have given more than $130 million to federal candidates over the past decade and have spent more than $294 million on state political races between 2014 and 2023.

FPL alone donated at least $42 million to Florida lawmakers between June 2013 and June 2023, according to a Floodlight analysis. And that’s just reported donations. Across the nation, from 2014 to 2020, power companies pumped at least $215 million more into politics via 501(c)(4) nonprofits that don’t have to reveal their donors—which is why these funds are referred to as “dark money.”

Utility influence operations have led to a generational resurgence of fraud and corruption in the sector. A recent Floodlight analysis of three decades of corporate prosecutions and federal lawsuits describes malfeasance that has cost electricity customers at least $6.6 billion over the past 10 years. The costs to the environment and the energy transition are also steep. Utilities in Ohio struck a corrupt bargain with prominent state lawmakers—some of whom were convicted and sentenced to prison—to prop up failing coal and nuclear plants. Utilities in Arizona were investigated by the FBI for using dark money to elect energy regulators who slashed rooftop solar incentives, though no charges have been filed.

Artiles’ Daytona junket didn’t break any laws, but the optics weren’t great. He’d flown in on a private plane that belonged to his campaign treasurer—an FPL lobbyist. The night of the NASCAR race, he took in $10,000 in contributions at a fundraiser in his honor, where he rubbed shoulders with Keanu Reeves. The next day, he visited Disney’s Epcot Center as the guest of John Holley, FPL’s top in-house lobbyist. “It was an honor to be there,” Artiles told the Miami Herald after the news got out. “I’m not going to lie to you. It was cool.”

After returning to Tallahassee, Artiles fast-tracked two bills coveted by FPL.

But like the truck totaled during that second lap at Daytona, the freshman senator’s tenure would be short-lived. About a month after the FPL junket, Artiles got into an argument with two Black fellow senators at a private club near the state Capitol, berating them and using the n-word. The Senate president made Artiles stand and apologize to his colleagues, after which Artiles walked straight out of the chamber and into a gaggle of reporters, shedding his conciliatory tone like a football player doffing sweaty pads. This prompted the legislative Black caucus to demand his expulsion. Artiles resigned two days later.

He was out of the Senate, but not the game. In October 2017, Artiles was invited to a lunch meeting with Ryan Tyson, then a leading Republican operative for Associated Industries of Florida, a powerful trade group to which FPL had donated millions. Tyson, a pollster, had done work on issues critical to FPL, and was executive director of Let’s Preserve the American Dream—a nonprofit that would play a key role in the ghost candidate scandal. Alex Alvarado, Tyson’s protégé, set up the lunch, which Tyson says he does not recall attending. Starting that same month, and continuing into 2021, Artiles would receive $5,000 monthly payments from Tyson for “research services” related to Hispanic voters.

After the 2020 election, Tyson and his group came under the scrutiny of the prosecutors. “We waived all privileges and co-operated with the government in its investigation,” he told me recently. “They couldn’t explain to us what they were looking for, but we were nonetheless cooperative.” (Tyson was never charged with wrongdoing.) “This is crazy that this is how law-abiding tax paying cooperative citizens are treated,” he said.

Chuck’s, a fish house in suburban Birmingham, Alabama, was bustling on the evening of October 26, 2021, when a former Pat Buchanan staffer named K.B. Forbes arrived for what he thought was dinner with Jeff Pitts, who until recently had been CEO of Matrix.

A few months earlier, Joe Perkins, Matrix’s founder, had sued Pitts, his longtime employee and erstwhile protégé. The suit, which had FPL and two of its executives as “fictitious” (unnamed) co-defendants, basically accused Pitts of running his own firm within the firm, stealing Matrix’s clients and cash, operating a clandestine network of dark money groups, and working for FPL without Perkins’s knowledge. (Pitts, in legal filings, denied all of these claims.)

At first, their split had seemed like an amicable, if unexpected, business divorce. “Joe Perkins flew Jeff Pitts down on his plane to meet with me personally to let me know that they had come to an agreement that they were going to part ways, and it was okay,” Silagy said during our 2022 interview. “And then apparently, somewhere along the way, Jeff and Joe got sideways.”

This much was clear: For a decade, Matrix had been the servant of two masters, working both for Southern Co., the nation’s second-largest utility holding company, and NextEra Energy. But as the partners’ acrimony grew, so did the friction between the energy giants. Forbes, who publishes a blog critical of Alabama Power, a Southern Co. subsidiary, told me he had gone to Chuck’s in the hope of obtaining damaging information about Alabama Power’s CEO, Mark Crosswhite. But the vibe was off, and the conversation awkward.

Pitts “was a nervous wreck,” Forbes recalled. “That’s why, on my blog, I call him Jittery Jeff.”

The lawsuit came at a difficult time for Pitts. His new firm, Canopy Partners, less than a year old, was already drawing law enforcement interest. The Miami-Dade Public Corruption Task Force had obtained sworn testimony from Abigail MacIver, one of Pitts’ co-founders, in exchange for limited immunity from prosecution in the ghost candidate scandal. MacIver laid out how she, Pitts, and a contractor had channeled money from a nonprofit operated by Tyson into political committees controlled by Alvarado, Tyson’s associate, by way of a tax-exempt group Pitts controlled. Those committees paid for the ghost candidate mailers.

Reporting from the Sentinel also tied Pitts’ dark-money network to an FPL-funded campaign to defeat a ballot initiative that would have introduced competition into state energy markets and broken FPL’s monopoly. Tyson worked as a pollster on the campaign to counter the initiative. (Neither Pitts nor any Canopy Partners associates have been charged with crimes.)

Pitts is a dapper guy in his early 50s who brings to mind Fred Astaire. He was one of the first employees at Matrix in 1995 and became the director of its Birmingham office in 2009. He enjoys the good life, according to former associates: steak dinners, private flights, expensive wine. But by the time he met with Forbes, his life had grown complicated. “He could not look me in the eye,” Forbes told me, and Pitts wouldn’t stop rubbing the back of his head with his left hand during their dinner: “He was twirling his hair in circles.”

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment.”

Matrix began consulting for NextEra, FPL’s parent, in the early 2010s. Pitts took extraordinary care to conceal his—and FPL’s—involvement in Florida elections. He obscured the money trail by creating multiple layers of subcontractors, shell companies, and 501(c)(4) nonprofits. In one case, he listed the brother of a Matrix subcontractor as the head of several nonprofits in his network, which he registered in faraway states. He preferred in-person conversations to texts or phone calls and hired expensive tax attorneys to advise him on his moves.

FPL was kept apprised of the work. Flight records show that the Matrix company jet made frequent visits to Palm Beach, where the utility is headquartered, and the leaked documents contain lively text and email correspondences between Pitts and its executives. FPL’s public affairs VPs were forwarded drafts of political ads slated to run against candidates they hoped to defeat. The Matrix document trove also included emails between Pitts and Silagy wherein Pitts lists names of dark money nonprofits and political committees to which Silagy could donate. There was also a Matrix invoice seeking reimbursement for incorporating a nonprofit that helped fund the ghost candidate campaigns.

A generation ago, power companies were forced to disclose the names of their consultants and attorneys, but the Federal Energy Regulatory Commission, which oversees the industry, did away with the rule in 2002. Jon Wellinghoff, FERC’s chairman from 2009 to 2013, told me he regrets not reinstating it. “We didn’t reverse that when I was chairman,” he said, “And we should have. All that should be disclosed. All that should be open to the public and available—information right down to the $100 contribution.”

Pitts didn’t end up staying for dinner at Chuck’s. He got takeout instead, Forbes says, and never forked over the dirt on Alabama Power’s CEO. Neither did Pitts’ attorney, with whom Forbes kept corresponding until he grew too frustrated: “I was livid. I was like, ‘This is a waste of my time.’”

It was opening day of the 2023 session of the Florida Legislature, and the capitol was abuzz. House Speaker Paul Renner presided over his chamber’s opening ceremonies, introducing a dozen former members in attendance. Among them was Frank Artiles, who, despite his legal troubles, had maintained close ties with some of Florida’s Republican power brokers. He would register as a lobbyist that session—for a construction company that paints traffic lanes.

Twenty-nine months had passed since the Fitzpatrick’s election party, and two years since Artiles’ arrest and indictment. Pitts and Perkins had by this time settled their lawsuit, and Silagy had recently taken his leave from FPL.

The utility’s veil of secrecy had been pierced—at least temporarily. Weeks after the meeting between Pitts and Forbes, the first batch of Matrix records arrived at the offices of the Sentinel in an envelope with no return address. The intel consisted of a heavily redacted copy of a nearly 200-page report Perkins had sent to NextEra’s board of directors in November 2021. It detailed Pitts’ allegedly secret work for FPL, efforts ranging from municipal to congressional campaigns, funded by millions in utility cash.

In 2018 alone, the report revealed, Pitts had participated in campaigns against a South Miami mayor who supported rooftop solar, ran ghost candidates against both a Miami-Dade commissioner critical of an FPL nuclear plant and a progressive state Senate candidate in Gainesville, and moved millions of dollars to help defeat Democratic gubernatorial nominee Andrew Gillum, who lost to Ron DeSantis that year by a razor-thin 0.4 percent margin.

Pitts’ work, the report showed, went beyond elections and into acquisitions. In 2019, Pitts had aided in FPL’s failed attempt to acquire the Jacksonville Electric Authority, a city-owned utility whose territory it coveted. His contributions included hiring a private detective to follow a reporter who’d written critically of the proposed sale, running a front group that championed the sale, and enlisting a contractor to offer Garrett Dennis—a Jacksonville councilman seen as unlikely to support the sale—a $250,000-a-year job with the same dark money group, Grow United, that distributed the ghost candidate funds to the other nonprofits. Accepting the position would mean giving up his council seat. (Dennis didn’t bite.)

The leaked records also detailed how Matrix and Pitts had paid at least $900,000 to six pay-to-play news outlets in Florida and Alabama between 2013 and 2020. The outlets, with more than 1.3 million combined monthly viewers, attacked critics and enemies of Southern Co., FPL, and other Matrix clients, though all of them deny that the payments influenced their coverage.

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment,” the attorneys in a federal securities suit filed against NextEra in December 2023 wrote of the revelations. It was one of at least two class-action suits filed against the company since Silagy’s resignation alleging political impropriety.

The proceedings in the shareholder suit have been telling, though perhaps not in the way the plaintiffs would prefer. At a hearing this past May, federal district court Judge Aileen Cannon asked their attorneys to clarify the case against NextEra. “Just so I understand,” she said, “has there been any finding of liability…We talk about, sort of, allegations of wrongdoing and criminality. Can you just pinpoint exactly what would be the crime and has there been any finding of such a crime?”

“Artiles is the victim in this case!” his lawyer told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist.”

Plaintiffs attorney Jeffrey Block responded in the negative.      

“So, I guess, what exactly is wrong that was allegedly done?” Cannon said.      

Her question, albeit unwittingly, broaches a bigger issue, with ramifications far beyond Florida. The IRS and the FEC have generally failed to enforce nonprofit and election laws effectively. At the state level, regulatory boards are easily influenced—and their penalties for breaking the rules, to the extent they are imposed, are often too small to discourage bad behavior.

It is a system that practically invites monopoly power companies and their consultants to exploit every loophole to maximize political leverage and profit—and even, in some cases, to spend money collected from power consumers to lobby for actions that run counter to those ratepayer’s interests. “It’s ludicrous on its face that state-granted monopolies that provide an essential service are allowed to lobby at all. It ought to be unthinkable,” energy expert David Roberts noted during a 2023 discussion of utility corruption on his podcast, Volts.

The notion of a monopoly utility launching a secret effort to field bogus candidates and trick voters would seem all the more unthinkable, and the fact that a federal judge feels compelled to ask what the company is actually alleged to have done wrong is telling.

Back in January, public corruption prosecutor Tim VanderGiesen told Cannon he intended to follow the money, although it’s not clear how far up the chain he intends to go. “It’s the money, the payment, that makes this illegal, judge,” he asserted then. The state’s position is, look at all the trouble that they were going through to run…ghost candidates.”

As for Artiles’ alleged ghost candidate activities, “It’s my opinion that this case is politically motivated,” defense attorney Quintero told a Miami-Dade Circuit Court judge during a hearing earlier this year. “It’s not just one party that does it. It’s both parties and it’s perfectly legal. Period. End of story.”

The state’s star witness this week is none other than ghost candidate Alex Rodriguez, who agreed to plead guilty to some charges and testify against Artiles to avoid a possible prison sentence. The defendant’s legal team is attempting to impugn Rodriguez’s character and portray the money that changed hands between the two men as a con. “Artiles is the victim in this case!” Quintero told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist, on loans, on a car Rodriguez sold to him that didn’t exist.”

The jury is expected to decide on the guilt or innocence of Frank Artiles by the end of September. Yet after all the courtroom dramas, feuding consultants, and exposés about the financial subterfuge that enabled the ghost candidates, it remains unclear when, and whether, and to what extent, anyone will ever hold NextEra accountable.

“The system is on trial, because the system enables this kind of conduct,” Dave Aronberg, the Palm Beach County state attorney, told me of Artiles’ trial. “In a fully functioning democracy, this kind of scandal would result in real changes to campaign finance laws. But Florida doesn’t have a fully functioning democracy.”

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

Liam Fitzpatrick’s was packed on a Tuesday in November, and all eyes in the suburban Orlando, Florida, pub were glued to the TVs behind the bar. Fitzpatrick’s usually had sports on, but this was Election Eve 2020, and Republican state Senate candidate Jason Brodeur watched nervously as the results trickled in. This was his election party. Brodeur’s campaign had spent millions of dollars running him for an open seat against the Democratic nominee, a labor attorney, and the race was neck and neck.

But his backers had a secret weapon. Just before the filing deadline, a substitute teacher named Jestine Iannotti had joined the race as an unaffiliated third-party candidate. A political unknown, she didn’t even campaign. The central Florida district was then carpeted with misleading mailers that appealed to liberal values and voters’ distaste for partisan politics—one included a stock photo that seemed to imply that Iannotti, who is white, is a Black woman. If she siphoned off votes from his Democratic rival, Brodeur stood a better chance.

Iannotti was a “ghost candidate,” one with no hope of winning who runs—or is run—specifically as a spoiler. Ghost candidates are legal in Florida—sort of. Any eligible person can run for public office, but the covert financing of ghost campaigns sometimes runs afoul of even that state’s famously lax election laws. State prosecutors would eventually conclude that Iannotti and another ghost candidate who ran in 2020—along with their political consultants—had broken quite a few. (Brodeur claimed ignorance of the scheme, and has faced no legal action as a result, though a local tax collector on trial for unrelated charges would later testify that Brodeur was well aware of it.)

Also at Fitzpatrick’s that night was then-47-year-old Frank Artiles, a burly, foul-mouthed ex-Marine and former Republican state senator. Artiles, who is Cuban American, had resigned his Senate post in disgrace in 2017 after using racial slurs in front of two Black colleagues during a drunken rant. He, too, was fixated on Brodeur’s returns, as well as the results of an even tighter state Senate race in south Miami-Dade.

The latter contest was a slugfest between one of Florida’s highest-profile Democratic lawmakers, José Javier Rodriguez, and Republican Ileana García, founder of Latinas for Trump. It, too, hinged on a ghost candidate: Alex Rodriguez, a down-on-his-luck salesman of used heavy equipment, whose shared surname with the incumbent was no coincidence. Like Iannotti, Rodriguez hadn’t campaigned. He, too, was boosted by a flood of misleading mailers. 

As the final tallies came in, the mood at Fitzpatrick’s turned electric. Brodeur ended up winning his seat by about 7,600 votes. (Iannotti drew nearly 6,000.) In south Miami-Dade, Garcia, the Republican, edged out incumbent José Rodriguez by fewer than 40 votes. Artiles was jubilant. “That was me!” a partygoer recalls him yelling. “That’s all me!”

At a criminal trial this week in Miami, the prosecution may ask the jury to interpret Artiles’ outburst as an admission of guilt. Four months after the election party, the Miami-Dade state attorney charged him and ghost candidate Rodriquez with multiple campaign finance–related felonies. Among other charges, Artiles stands accused of conspiracy, making excessive campaign contributions, and “false swearing” in connection with voting or elections. If found guilty on all counts, he faces up to five years in prison.

In Central Florida, prosecutors issued a multi-count indictment against Iannotti and the two operatives (Eric Foglesong and Ben Paris, chair of the Seminole County Republican Party) who’d arranged for her to run. (A ghost candidate Artiles had recruited for a third state Senate race—a spa owner whose wife regularly waxed Artiles’ back—was not charged.) In 2022, a jury found Paris guilty of interfering in an election by means of an illegal campaign donation—the state recommended 60 days in jail; the judge gave him a year of probation, community service, and a fine. Foglesong, charged with felony and misdemeanor election crimes, avoided possible jail time by pleading no contest to misdemeanor charges, and Iannotti pleaded no contest last month to a pair of first-degree misdemeanors. Artiles maintains his innocence.

And all of the above might have been just another colorful tale of shady politics in the Sunshine State were it not for a spat between political consultants.

Indeed, after the leaders of Matrix LLC, a high-powered political consulting firm whose CEO helped finance the ghost campaigns, started feuding, the story took on a new life, offering something rarer and more consequential: a glimpse, oddly enough, into the political meddling of one of America’s largest power companies.

The source of the leak was never clear, but as the consultants squabbled, thousands of pages of Matrix’s internal documents made it into the hands of Florida news outlets. The revelations therein, and reporting on discovery materials generated by the various prosecutions, would culminate in the abrupt January 2023 retirement of Florida Power & Light CEO Eric Silagy, triggering a single-day, $14 billion drop in the company’s market value.

FPL is a subsidiary of NextEra Energy, one of the nation’s largest utility conglomerates in terms of homes and businesses served. And although its parent is a major producer of renewable energy, FPL is among Florida’s biggest greenhouse-gas emitters. The leaked documents, in any case, showed that FPL was enmeshed in a covert campaign of media manipulation, surveillance, and what one federal securities lawsuit calls electoral “dirty tricks,” all in the name of maximizing profits.

Investigations by Floodlight and other Florida news outlets would reveal that the ghost candidates were bankrolled with some $730,000 in dark money, $100,000 of which was channeled through a prominent Republican operative into a 501(c)(4) nonprofit that Artiles controlled. (Artiles’ attorney, Frank Quintero, disputes that any of that money ever made it to ghost candidate Rodriguez: “The prosecutor can say whatever the fuck he wants, but the reality is different than what he wants it to be.”) The remaining $630,000 made its way through a daisy chain of opaque nonprofits partially overseen by the CEO of Matrix, which was then working for FPL.

From the utility’s perspective, expanding the state Senate’s Republican majority—by whatever means—would help fulfill its legislative priorities. Those priorities included escaping liability for damages related to power outages in the wake of Hurricane Irma; ousting J.R. Kelly, the state’s long-serving (unsympathetic) consumer utility watchdog; and winning approval from the Senate-confirmed Public Service Commission for Florida’s largest-ever hike in electricity rates. The defeat of Sen. Rodriguez had the added benefit of kneecapping one of the state’s most prominent backers of rooftop solar, which reduces carbon emissions and lowers utility bills—and against which FPL had waged a decade-long counterinsurgency campaign.

FPL, which declined to comment for this article, prevailed on all counts.

The company has steadfastly denied wrongdoing, although it does not dispute hiring Matrix. “They did good work,” then-CEO Silagy told me in June 2022. During the same interview, he admitted to authoring a January 2019 email about Sen. Rodríguez, wherein Silagy ordered his minions “to make his life a living hell”—a directive that was immediately relayed to Matrix.

The utility claims that two outside law firms, whose investigations FPL commissioned but has never made public, have cleared it of election-related liability or wrongdoing, despite reporting that suggests otherwise. The Orlando Sentinel, for example, reported that Silagy sometimes used an email pseudonym (Theodore Hayes) when communicating with Jeff Pitts, then CEO of Matrix. And a 2022 Federal Election Commission complaint accused five nonprofits linked to Pitts of “direct and serious violations of the Federal Election Campaign Act.”

The complaint, dismissed earlier this year after the partisan six-member commission deadlocked on a party-line vote, cites a memo Pitts sent to Silagy laying out how FPL could channel money covertly through a series of nonprofits and, ultimately, a super-PAC, to fund “‘political activities’ on both the state and federal level.” The complaint alleges that “the effect of this scheme would be to illegally hide the identities of the true source or sources of contributions.”  

“Unfortunately, partisan gridlock and dysfunction has become routine at the FEC, which has only opened four investigations this year,” says Stuart McPhail, senior litigation counsel at Citizens for Responsibility and Ethics in Washington, the nonprofit that filed the complaint. “That means many complaints, even those for which the FEC’s nonpartisan expert staff recommends an investigation, end in partisan gridlock. That’s exactly what happened with our complaint.”

The scenes to follow are based on thousands of pages of documents and more than 50 interviews with various players. In addition to setting the stage for Artiles’ long-delayed trial, they offer a window into how some utility monopolies have chosen to flex their political power, pushing legal boundaries for financial gain, and sometimes thwarting America’s transition to clean energy in the process.

On a Friday evening in late February 2017, 32 NASCAR race-truck drivers squinted under the Daytona International Speedway’s 2,000-watt lights. Their eyes were fixed on state Sen. Frank Artiles, who sported a suede jacket emblazoned with the NextEra logo. He waved a green flag to kick off the 250-mile race, sponsored by NextEra Energy Resources, another NextEra subsidiary, but just two laps in things went awry—a 17-vehicle pile-up that resulted in one of the trucks getting completely totaled.

Your high school English teacher would call this foreshadowing.

Artiles was then serving his first term in the Florida Senate and chairing its energy committee. That is to say, the elected official who controlled the fate of state bills related to energy and the environment was accepting the red-carpet treatment from a utility holding company that routinely had business before his committee.

Such potential conflicts of interest are not unusual in the utility realm. Investor-owned power companies specialize in charming and lobbying legislators and regulators. A captured regulator might approve a higher profit margin for a power company than an adversarial one would. A friendly legislator is more likely to pass favorable laws. Across the nation, utilities are the most active lobbyists on state environmental bills.

Our system “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines.”

What makes the situation especially irksome is that utilities are not normal companies. The firms that provide gas and electricity and send monthly bills to homeowners and businesses are state-sanctioned monopolies. They don’t make money from selling power per se. Rather, like a waiter with guaranteed tips, their profit margins are pre-determined by regulators based on how much they invest in their infrastructure. The more plants and poles and substations a utility builds, the bigger its guaranteed return, which averages about 10 percent nationwide. (FPL’s have run as high as 11.8 percent.) Politicians and regulators, at least in theory, are supposed to act on behalf of consumers and prevent utilities from running up the tab.

The way the system is set up “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines,” says David Pomerantz, executive director of the Energy and Policy Institute, a nonprofit utility watchdog. “No matter how you slice it,” he adds, “they are among the biggest spenders on political influence generally.”

The numbers are staggering. According to the Institute for Local Self Reliance, an energy think tank, investor-owned utilities have given more than $130 million to federal candidates over the past decade and have spent more than $294 million on state political races between 2014 and 2023.

FPL alone donated at least $42 million to Florida lawmakers between June 2013 and June 2023, according to a Floodlight analysis. And that’s just reported donations. Across the nation, from 2014 to 2020, power companies pumped at least $215 million more into politics via 501(c)(4) nonprofits that don’t have to reveal their donors—which is why these funds are referred to as “dark money.”

Utility influence operations have led to a generational resurgence of fraud and corruption in the sector. A recent Floodlight analysis of three decades of corporate prosecutions and federal lawsuits describes malfeasance that has cost electricity customers at least $6.6 billion over the past 10 years. The costs to the environment and the energy transition are also steep. Utilities in Ohio struck a corrupt bargain with prominent state lawmakers—some of whom were convicted and sentenced to prison—to prop up failing coal and nuclear plants. Utilities in Arizona were investigated by the FBI for using dark money to elect energy regulators who slashed rooftop solar incentives, though no charges have been filed.

Artiles’ Daytona junket didn’t break any laws, but the optics weren’t great. He’d flown in on a private plane that belonged to his campaign treasurer—an FPL lobbyist. The night of the NASCAR race, he took in $10,000 in contributions at a fundraiser in his honor, where he rubbed shoulders with Keanu Reeves. The next day, he visited Disney’s Epcot Center as the guest of John Holley, FPL’s top in-house lobbyist. “It was an honor to be there,” Artiles told the Miami Herald after the news got out. “I’m not going to lie to you. It was cool.”

After returning to Tallahassee, Artiles fast-tracked two bills coveted by FPL.

But like the truck totaled during that second lap at Daytona, the freshman senator’s tenure would be short-lived. About a month after the FPL junket, Artiles got into an argument with two Black fellow senators at a private club near the state Capitol, berating them and using the n-word. The Senate president made Artiles stand and apologize to his colleagues, after which Artiles walked straight out of the chamber and into a gaggle of reporters, shedding his conciliatory tone like a football player doffing sweaty pads. This prompted the legislative Black caucus to demand his expulsion. Artiles resigned two days later.

He was out of the Senate, but not the game. In October 2017, Artiles was invited to a lunch meeting with Ryan Tyson, then a leading Republican operative for Associated Industries of Florida, a powerful trade group to which FPL had donated millions. Tyson, a pollster, had done work on issues critical to FPL, and was executive director of Let’s Preserve the American Dream—a nonprofit that would play a key role in the ghost candidate scandal. Alex Alvarado, Tyson’s protégé, set up the lunch, which Tyson says he does not recall attending. Starting that same month, and continuing into 2021, Artiles would receive $5,000 monthly payments from Tyson for “research services” related to Hispanic voters.

After the 2020 election, Tyson and his group came under the scrutiny of the prosecutors. “We waived all privileges and co-operated with the government in its investigation,” he told me recently. “They couldn’t explain to us what they were looking for, but we were nonetheless cooperative.” (Tyson was never charged with wrongdoing.) “This is crazy that this is how law-abiding tax paying cooperative citizens are treated,” he said.

Chuck’s, a fish house in suburban Birmingham, Alabama, was bustling on the evening of October 26, 2021, when a former Pat Buchanan staffer named K.B. Forbes arrived for what he thought was dinner with Jeff Pitts, who until recently had been CEO of Matrix.

A few months earlier, Joe Perkins, Matrix’s founder, had sued Pitts, his longtime employee and erstwhile protégé. The suit, which had FPL and two of its executives as “fictitious” (unnamed) co-defendants, basically accused Pitts of running his own firm within the firm, stealing Matrix’s clients and cash, operating a clandestine network of dark money groups, and working for FPL without Perkins’s knowledge. (Pitts, in legal filings, denied all of these claims.)

At first, their split had seemed like an amicable, if unexpected, business divorce. “Joe Perkins flew Jeff Pitts down on his plane to meet with me personally to let me know that they had come to an agreement that they were going to part ways, and it was okay,” Silagy said during our 2022 interview. “And then apparently, somewhere along the way, Jeff and Joe got sideways.”

This much was clear: For a decade, Matrix had been the servant of two masters, working both for Southern Co., the nation’s second-largest utility holding company, and NextEra Energy. But as the partners’ acrimony grew, so did the friction between the energy giants. Forbes, who publishes a blog critical of Alabama Power, a Southern Co. subsidiary, told me he had gone to Chuck’s in the hope of obtaining damaging information about Alabama Power’s CEO, Mark Crosswhite. But the vibe was off, and the conversation awkward.

Pitts “was a nervous wreck,” Forbes recalled. “That’s why, on my blog, I call him Jittery Jeff.”

The lawsuit came at a difficult time for Pitts. His new firm, Canopy Partners, less than a year old, was already drawing law enforcement interest. The Miami-Dade Public Corruption Task Force had obtained sworn testimony from Abigail MacIver, one of Pitts’ co-founders, in exchange for limited immunity from prosecution in the ghost candidate scandal. MacIver laid out how she, Pitts, and a contractor had channeled money from a nonprofit operated by Tyson into political committees controlled by Alvarado, Tyson’s associate, by way of a tax-exempt group Pitts controlled. Those committees paid for the ghost candidate mailers.

Reporting from the Sentinel also tied Pitts’ dark-money network to an FPL-funded campaign to defeat a ballot initiative that would have introduced competition into state energy markets and broken FPL’s monopoly. Tyson worked as a pollster on the campaign to counter the initiative. (Neither Pitts nor any Canopy Partners associates have been charged with crimes.)

Pitts is a dapper guy in his early 50s who brings to mind Fred Astaire. He was one of the first employees at Matrix in 1995 and became the director of its Birmingham office in 2009. He enjoys the good life, according to former associates: steak dinners, private flights, expensive wine. But by the time he met with Forbes, his life had grown complicated. “He could not look me in the eye,” Forbes told me, and Pitts wouldn’t stop rubbing the back of his head with his left hand during their dinner: “He was twirling his hair in circles.”

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment.”

Matrix began consulting for NextEra, FPL’s parent, in the early 2010s. Pitts took extraordinary care to conceal his—and FPL’s—involvement in Florida elections. He obscured the money trail by creating multiple layers of subcontractors, shell companies, and 501(c)(4) nonprofits. In one case, he listed the brother of a Matrix subcontractor as the head of several nonprofits in his network, which he registered in faraway states. He preferred in-person conversations to texts or phone calls and hired expensive tax attorneys to advise him on his moves.

FPL was kept apprised of the work. Flight records show that the Matrix company jet made frequent visits to Palm Beach, where the utility is headquartered, and the leaked documents contain lively text and email correspondences between Pitts and its executives. FPL’s public affairs VPs were forwarded drafts of political ads slated to run against candidates they hoped to defeat. The Matrix document trove also included emails between Pitts and Silagy wherein Pitts lists names of dark money nonprofits and political committees to which Silagy could donate. There was also a Matrix invoice seeking reimbursement for incorporating a nonprofit that helped fund the ghost candidate campaigns.

A generation ago, power companies were forced to disclose the names of their consultants and attorneys, but the Federal Energy Regulatory Commission, which oversees the industry, did away with the rule in 2002. Jon Wellinghoff, FERC’s chairman from 2009 to 2013, told me he regrets not reinstating it. “We didn’t reverse that when I was chairman,” he said, “And we should have. All that should be disclosed. All that should be open to the public and available—information right down to the $100 contribution.”

Pitts didn’t end up staying for dinner at Chuck’s. He got takeout instead, Forbes says, and never forked over the dirt on Alabama Power’s CEO. Neither did Pitts’ attorney, with whom Forbes kept corresponding until he grew too frustrated: “I was livid. I was like, ‘This is a waste of my time.’”

It was opening day of the 2023 session of the Florida Legislature, and the capitol was abuzz. House Speaker Paul Renner presided over his chamber’s opening ceremonies, introducing a dozen former members in attendance. Among them was Frank Artiles, who, despite his legal troubles, had maintained close ties with some of Florida’s Republican power brokers. He would register as a lobbyist that session—for a construction company that paints traffic lanes.

Twenty-nine months had passed since the Fitzpatrick’s election party, and two years since Artiles’ arrest and indictment. Pitts and Perkins had by this time settled their lawsuit, and Silagy had recently taken his leave from FPL.

The utility’s veil of secrecy had been pierced—at least temporarily. Weeks after the meeting between Pitts and Forbes, the first batch of Matrix records arrived at the offices of the Sentinel in an envelope with no return address. The intel consisted of a heavily redacted copy of a nearly 200-page report Perkins had sent to NextEra’s board of directors in November 2021. It detailed Pitts’ allegedly secret work for FPL, efforts ranging from municipal to congressional campaigns, funded by millions in utility cash.

In 2018 alone, the report revealed, Pitts had participated in campaigns against a South Miami mayor who supported rooftop solar, ran ghost candidates against both a Miami-Dade commissioner critical of an FPL nuclear plant and a progressive state Senate candidate in Gainesville, and moved millions of dollars to help defeat Democratic gubernatorial nominee Andrew Gillum, who lost to Ron DeSantis that year by a razor-thin 0.4 percent margin.

Pitts’ work, the report showed, went beyond elections and into acquisitions. In 2019, Pitts had aided in FPL’s failed attempt to acquire the Jacksonville Electric Authority, a city-owned utility whose territory it coveted. His contributions included hiring a private detective to follow a reporter who’d written critically of the proposed sale, running a front group that championed the sale, and enlisting a contractor to offer Garrett Dennis—a Jacksonville councilman seen as unlikely to support the sale—a $250,000-a-year job with the same dark money group, Grow United, that distributed the ghost candidate funds to the other nonprofits. Accepting the position would mean giving up his council seat. (Dennis didn’t bite.)

The leaked records also detailed how Matrix and Pitts had paid at least $900,000 to six pay-to-play news outlets in Florida and Alabama between 2013 and 2020. The outlets, with more than 1.3 million combined monthly viewers, attacked critics and enemies of Southern Co., FPL, and other Matrix clients, though all of them deny that the payments influenced their coverage.

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment,” the attorneys in a federal securities suit filed against NextEra in December 2023 wrote of the revelations. It was one of at least two class-action suits filed against the company since Silagy’s resignation alleging political impropriety.

The proceedings in the shareholder suit have been telling, though perhaps not in the way the plaintiffs would prefer. At a hearing this past May, federal district court Judge Aileen Cannon asked their attorneys to clarify the case against NextEra. “Just so I understand,” she said, “has there been any finding of liability…We talk about, sort of, allegations of wrongdoing and criminality. Can you just pinpoint exactly what would be the crime and has there been any finding of such a crime?”

“Artiles is the victim in this case!” his lawyer told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist.”

Plaintiffs attorney Jeffrey Block responded in the negative.      

“So, I guess, what exactly is wrong that was allegedly done?” Cannon said.      

Her question, albeit unwittingly, broaches a bigger issue, with ramifications far beyond Florida. The IRS and the FEC have generally failed to enforce nonprofit and election laws effectively. At the state level, regulatory boards are easily influenced—and their penalties for breaking the rules, to the extent they are imposed, are often too small to discourage bad behavior.

It is a system that practically invites monopoly power companies and their consultants to exploit every loophole to maximize political leverage and profit—and even, in some cases, to spend money collected from power consumers to lobby for actions that run counter to those ratepayer’s interests. “It’s ludicrous on its face that state-granted monopolies that provide an essential service are allowed to lobby at all. It ought to be unthinkable,” energy expert David Roberts noted during a 2023 discussion of utility corruption on his podcast, Volts.

The notion of a monopoly utility launching a secret effort to field bogus candidates and trick voters would seem all the more unthinkable, and the fact that a federal judge feels compelled to ask what the company is actually alleged to have done wrong is telling.

Back in January, public corruption prosecutor Tim VanderGiesen told Cannon he intended to follow the money, although it’s not clear how far up the chain he intends to go. “It’s the money, the payment, that makes this illegal, judge,” he asserted then. The state’s position is, look at all the trouble that they were going through to run…ghost candidates.”

As for Artiles’ alleged ghost candidate activities, “It’s my opinion that this case is politically motivated,” defense attorney Quintero told a Miami-Dade Circuit Court judge during a hearing earlier this year. “It’s not just one party that does it. It’s both parties and it’s perfectly legal. Period. End of story.”

The state’s star witness this week is none other than ghost candidate Alex Rodriguez, who agreed to plead guilty to some charges and testify against Artiles to avoid a possible prison sentence. The defendant’s legal team is attempting to impugn Rodriguez’s character and portray the money that changed hands between the two men as a con. “Artiles is the victim in this case!” Quintero told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist, on loans, on a car Rodriguez sold to him that didn’t exist.”

The jury is expected to decide on the guilt or innocence of Frank Artiles by the end of September. Yet after all the courtroom dramas, feuding consultants, and exposés about the financial subterfuge that enabled the ghost candidates, it remains unclear when, and whether, and to what extent, anyone will ever hold NextEra accountable.

“The system is on trial, because the system enables this kind of conduct,” Dave Aronberg, the Palm Beach County state attorney, told me of Artiles’ trial. “In a fully functioning democracy, this kind of scandal would result in real changes to campaign finance laws. But Florida doesn’t have a fully functioning democracy.”

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

Earlier this year, the e-commerce corporation Amazon secured approval to open two new data centers in Santiago, Chile. The $400 million venture is the company’s first foray into locating its data facilities, which guzzle massive amounts of electricity and water in order to power cloud computing services and online programs, in Latin America—and in one of the most water-stressed countries in the world, where residents have protested against the industry’s expansion.

This week, the tech giant made a separate but related announcement. It plans to invest in water conservation along the Maipo River, which is the primary source of water for the Santiago region. Amazon will partner with a water technology startup to help farmers along the river install drip irrigation systems on 165 acres of farmland. The plan is poised to conserve enough water to supply around 300 homes per year, and it’s part of Amazon’s campaign to make its cloud computing operations “water positive” by 2030, meaning the company’s web services division will conserve or replenish more water than it uses up.

The reasoning behind this water initiative is clear: Data centers require large amounts of water to cool their servers, and Amazon plans to spend $100 billion to build more of them over the next decade as part of a big bet on its Amazon Web Services cloud-computing platform. Other tech companies such as Microsoft and Meta, which are also investing in data centers to sustain the artificial-intelligence boom, have made similar water pledges amid a growing controversy about the sector’s thirst for water and power.

One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides.

Amazon claims that its data centers are already among the most water-efficient in the industry, and it plans to roll out more conservation projects to mitigate its thirst. However, just like corporate pledges to reach “net-zero” emissions, these water pledges are more complex than they seem at first glance.

While the company has indeed taken steps to cut water usage at its facilities, its calculations don’t account for the massive water needs of the power plants that keep the lights on at those very same facilities. Without a larger commitment to mitigating Amazon’s underlying stress on electricity grids, conservation efforts by the company and its fellow tech giants will only tackle part of the problem, according to experts who spoke to Grist.

The powerful servers in large data centers run hot as they process unprecedented amounts of information, and keeping them from overheating requires both water and electricity. Rather than try to keep these rooms cool with traditional air-conditioning units, many companies use water as a coolant, running it past the servers to chill them out. The centers also need huge amounts of electricity to run all their servers: They already account for around 3 percent of US power demand, a number that could more than double by 2030. On top of that, the coal, gas, and nuclear power plants that produce that electricity themselves consume even larger quantities of water to stay cool.

Will Hewes, who leads water sustainability for Amazon Web Services, told Grist that the company uses water in its data centers in order to save on energy-intensive air conditioning units, thus reducing its reliance on fossil fuels. 

“Using water for cooling in most places really reduces the amount of energy that we use, and so it helps us meet other sustainability goals,” he said. “We could always decide to not use water for cooling, but we want to, a lot, because of those energy and efficiency benefits.”

In order to save on energy costs, the company’s data centers have to evaporate millions of gallons of water per year. It’s hard to say for sure how much water the data center industry consumes, but the ballpark estimates are substantial. One 2021 study found that US data centers consumed around 415,000 acre-feet of water in 2018, even before the artificial-intelligence boom. That’s enough to supply around a million average homes annually, or about as much as California’s Imperial Valley takes from the Colorado River each year to grow winter vegetables. Another study found that data centers operated by Microsoft, Google, and Meta withdrew twice as much water from rivers and aquifers as the entire country of Denmark. 

In Pennsylvania, one Amazon data center consumes about 20 percent of the electricity capacity of the nuclear power plant nearby.

It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom, since AI programs such as ChatGPT require massive amounts of server real estate. Tech companies have built hundreds of new data centers in the last few years alone, and they are planning hundreds more. One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides. The on-site water consumption at any one of these companies’ data centers could now rival that of a major beverage company such as PepsiCo. 

Amazon doesn’t provide statistics on its absolute water consumption; Hewes told Grist the company is “focused on efficiency.” However, the tech giant’s water usage is likely lower than some of its competitors—in part because the company has built most of its data centers with so-called evaporative cooling systems, which require far less water than other cooling technologies and only turn on when temperatures get too high. The company pegs its water usage at around 10 percent of the industry average, and in temperate locations such as Sweden, it doesn’t use any water to cool down data centers except during peak summer temperatures. 

Companies can reduce the environmental impact of their AI business by building them in temperate regions that have plenty of water, but they must balance those efficiency concerns with concerns about land and electricity costs, as well as the need to be close to major customers. Recent studies have found that data center water consumption in the US is “skewed toward water stressed subbasins” in places like the Southwest, but Amazon has clustered much of its business farther east, especially in Virginia, which boasts cheap power and financial incentives for tech firms.

“A lot of the locations are driven by customer needs, but also by [prices for] real estate and power,” said Hewes. “Some big portions of our data center footprint are in places that aren’t super hot, that aren’t in super water stressed regions. Virginia, Ohio—they get hot in the summer, but then there are big chunks of the year where we don’t need to use water for cooling.” Even so, the company’s expansion in Virginia is already causing concerns over water availability.

To mitigate its impacts in such basins, the company also funds dozens of conservation and recharge projects like the one in Chile. It donates recycled water from its data centers to farmers, who use it to irrigate their crops, and it has also helped restore the rivers that supply water-stressed cities such as Cape Town, South Africa; in northern Virginia, it has worked to install cover crop farmland that can reduce runoff pollution in local waterways.

The company treats these projects the way other companies treat carbon offsets, counting each gallon recharged against a gallon it consumes at its data centers. Amazon said in its most recent sustainability report that it is 41 percent of the way to meeting its goal of being “water positive.” In other words, it has funded projects that recharge or conserve a little over 4 gallons of water for every 10 gallons of water it uses. 

But despite all this, the company’s water stewardship goal doesn’t include the water consumed by the power plants that supply its data centers. This consumption can be as much as three to 10 times as large as the on-site water consumption at a data center, according to Shaolei Ren, a professor of engineering at the University of California, Riverside, who studies data center water usage. As an example, Ren pointed to an Amazon data center in Pennsylvania that relies on a nuclear power plant less than a mile away. That data center uses around 20 percent of the power plant’s capacity.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing.”

“They say they’re using very little water, but there’s a big water evaporation happening just nearby, and that’s for powering their data center,” he said.

Companies like Amazon can reduce this secondary water usage by relying on renewable energy sources, which don’t require anywhere near as much water as traditional power plants. Hewes says the company has been trying to “manage down” both water and energy needs through a separate goal of operating on 100 percent renewable energy, but Ren points out that the company’s data centers need round-the-clock power, which means intermittently available renewables like solar and wind farms can only go so far.

Amazon isn’t the only company dealing with this problem. CyrusOne, another major data center firm, revealed in its sustainability report earlier this year that it used more than eight times as much water to source power as it did on-site at its data centers. “As long as we are reliant on grid electricity that includes thermoelectric sources to power our facilities, we are indirectly responsible for the consumption of large amounts of water in the production of that electricity,” the report said.

As for replenishment projects like the one in Chile, they too will only go part of the way toward reducing the impact of the data center explosion. Even if Amazon’s cloud operations are “water positive” on a global scale, with projects in many of the same basins where it owns data centers, that doesn’t mean it won’t still compromise water access in specific watersheds. The company’s data centers and their power plants may still withdraw more water than the company replenishes in a given area, and replenishment projects in other aquifers around the world won’t address the physical consequences of that specific overdraft.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing, but I think it’s not really reducing the actual consumption,” Ren said. “It masks out a lot of real problems, because water is a really regional issue.”

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

Earlier this year, the e-commerce corporation Amazon secured approval to open two new data centers in Santiago, Chile. The $400 million venture is the company’s first foray into locating its data facilities, which guzzle massive amounts of electricity and water in order to power cloud computing services and online programs, in Latin America—and in one of the most water-stressed countries in the world, where residents have protested against the industry’s expansion.

This week, the tech giant made a separate but related announcement. It plans to invest in water conservation along the Maipo River, which is the primary source of water for the Santiago region. Amazon will partner with a water technology startup to help farmers along the river install drip irrigation systems on 165 acres of farmland. The plan is poised to conserve enough water to supply around 300 homes per year, and it’s part of Amazon’s campaign to make its cloud computing operations “water positive” by 2030, meaning the company’s web services division will conserve or replenish more water than it uses up.

The reasoning behind this water initiative is clear: Data centers require large amounts of water to cool their servers, and Amazon plans to spend $100 billion to build more of them over the next decade as part of a big bet on its Amazon Web Services cloud-computing platform. Other tech companies such as Microsoft and Meta, which are also investing in data centers to sustain the artificial-intelligence boom, have made similar water pledges amid a growing controversy about the sector’s thirst for water and power.

One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides.

Amazon claims that its data centers are already among the most water-efficient in the industry, and it plans to roll out more conservation projects to mitigate its thirst. However, just like corporate pledges to reach “net-zero” emissions, these water pledges are more complex than they seem at first glance.

While the company has indeed taken steps to cut water usage at its facilities, its calculations don’t account for the massive water needs of the power plants that keep the lights on at those very same facilities. Without a larger commitment to mitigating Amazon’s underlying stress on electricity grids, conservation efforts by the company and its fellow tech giants will only tackle part of the problem, according to experts who spoke to Grist.

The powerful servers in large data centers run hot as they process unprecedented amounts of information, and keeping them from overheating requires both water and electricity. Rather than try to keep these rooms cool with traditional air-conditioning units, many companies use water as a coolant, running it past the servers to chill them out. The centers also need huge amounts of electricity to run all their servers: They already account for around 3 percent of US power demand, a number that could more than double by 2030. On top of that, the coal, gas, and nuclear power plants that produce that electricity themselves consume even larger quantities of water to stay cool.

Will Hewes, who leads water sustainability for Amazon Web Services, told Grist that the company uses water in its data centers in order to save on energy-intensive air conditioning units, thus reducing its reliance on fossil fuels. 

“Using water for cooling in most places really reduces the amount of energy that we use, and so it helps us meet other sustainability goals,” he said. “We could always decide to not use water for cooling, but we want to, a lot, because of those energy and efficiency benefits.”

In order to save on energy costs, the company’s data centers have to evaporate millions of gallons of water per year. It’s hard to say for sure how much water the data center industry consumes, but the ballpark estimates are substantial. One 2021 study found that US data centers consumed around 415,000 acre-feet of water in 2018, even before the artificial-intelligence boom. That’s enough to supply around a million average homes annually, or about as much as California’s Imperial Valley takes from the Colorado River each year to grow winter vegetables. Another study found that data centers operated by Microsoft, Google, and Meta withdrew twice as much water from rivers and aquifers as the entire country of Denmark. 

In Pennsylvania, one Amazon data center consumes about 20 percent of the electricity capacity of the nuclear power plant nearby.

It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom, since AI programs such as ChatGPT require massive amounts of server real estate. Tech companies have built hundreds of new data centers in the last few years alone, and they are planning hundreds more. One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides. The on-site water consumption at any one of these companies’ data centers could now rival that of a major beverage company such as PepsiCo. 

Amazon doesn’t provide statistics on its absolute water consumption; Hewes told Grist the company is “focused on efficiency.” However, the tech giant’s water usage is likely lower than some of its competitors—in part because the company has built most of its data centers with so-called evaporative cooling systems, which require far less water than other cooling technologies and only turn on when temperatures get too high. The company pegs its water usage at around 10 percent of the industry average, and in temperate locations such as Sweden, it doesn’t use any water to cool down data centers except during peak summer temperatures. 

Companies can reduce the environmental impact of their AI business by building them in temperate regions that have plenty of water, but they must balance those efficiency concerns with concerns about land and electricity costs, as well as the need to be close to major customers. Recent studies have found that data center water consumption in the US is “skewed toward water stressed subbasins” in places like the Southwest, but Amazon has clustered much of its business farther east, especially in Virginia, which boasts cheap power and financial incentives for tech firms.

“A lot of the locations are driven by customer needs, but also by [prices for] real estate and power,” said Hewes. “Some big portions of our data center footprint are in places that aren’t super hot, that aren’t in super water stressed regions. Virginia, Ohio—they get hot in the summer, but then there are big chunks of the year where we don’t need to use water for cooling.” Even so, the company’s expansion in Virginia is already causing concerns over water availability.

To mitigate its impacts in such basins, the company also funds dozens of conservation and recharge projects like the one in Chile. It donates recycled water from its data centers to farmers, who use it to irrigate their crops, and it has also helped restore the rivers that supply water-stressed cities such as Cape Town, South Africa; in northern Virginia, it has worked to install cover crop farmland that can reduce runoff pollution in local waterways.

The company treats these projects the way other companies treat carbon offsets, counting each gallon recharged against a gallon it consumes at its data centers. Amazon said in its most recent sustainability report that it is 41 percent of the way to meeting its goal of being “water positive.” In other words, it has funded projects that recharge or conserve a little over 4 gallons of water for every 10 gallons of water it uses. 

But despite all this, the company’s water stewardship goal doesn’t include the water consumed by the power plants that supply its data centers. This consumption can be as much as three to 10 times as large as the on-site water consumption at a data center, according to Shaolei Ren, a professor of engineering at the University of California, Riverside, who studies data center water usage. As an example, Ren pointed to an Amazon data center in Pennsylvania that relies on a nuclear power plant less than a mile away. That data center uses around 20 percent of the power plant’s capacity.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing.”

“They say they’re using very little water, but there’s a big water evaporation happening just nearby, and that’s for powering their data center,” he said.

Companies like Amazon can reduce this secondary water usage by relying on renewable energy sources, which don’t require anywhere near as much water as traditional power plants. Hewes says the company has been trying to “manage down” both water and energy needs through a separate goal of operating on 100 percent renewable energy, but Ren points out that the company’s data centers need round-the-clock power, which means intermittently available renewables like solar and wind farms can only go so far.

Amazon isn’t the only company dealing with this problem. CyrusOne, another major data center firm, revealed in its sustainability report earlier this year that it used more than eight times as much water to source power as it did on-site at its data centers. “As long as we are reliant on grid electricity that includes thermoelectric sources to power our facilities, we are indirectly responsible for the consumption of large amounts of water in the production of that electricity,” the report said.

As for replenishment projects like the one in Chile, they too will only go part of the way toward reducing the impact of the data center explosion. Even if Amazon’s cloud operations are “water positive” on a global scale, with projects in many of the same basins where it owns data centers, that doesn’t mean it won’t still compromise water access in specific watersheds. The company’s data centers and their power plants may still withdraw more water than the company replenishes in a given area, and replenishment projects in other aquifers around the world won’t address the physical consequences of that specific overdraft.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing, but I think it’s not really reducing the actual consumption,” Ren said. “It masks out a lot of real problems, because water is a really regional issue.”

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

In a significant reversal, the Biden administration announced during two closed-door meetings this week that US negotiators will support limits on plastic production as part of the United Nations’ global plastics treaty.

The news was first reported by Reuters and confirmed to Grist on Thursday by the State Department. It represents a major shift for the United States, which had previously rejected production limits in favor of an approach focused on boosting the recycling rate and cleaning up plastic litter.

While industry groups condemned the decision as “misguided,” environmental organizations said it could sway momentum in favor of production limits at a consequential point during the negotiations. There is only one meeting left before the treaty is supposed to be finalized in 2025.

“This couldn’t have come at a better time,” said Christina Dixon, ocean campaign leader for the nonprofit Environmental Investigation Agency. “The US position has been one of the great unknowns and they have the power to be a constructive and collaborative player, so it’s a relief to see them setting out of their stall at this critical moment.”

Backed by industry groups, oil-producing states like China, Russia, Saudi Arabia, and until now, the United States, have opposed restrictions on plastics manufacturing.

Negotiations over a treaty have been ongoing since March 2022, when the UN reached a landmark agreement to “end plastic pollution.” Over the course of the four negotiating sessions that have occurred since then, however, progress has been slow—in large part due to disagreements over the treaty’s scope.

A so-called “high-ambition” coalition of countries, supported by many scientists and environmental groups, say the treaty must prevent more plastic from being made in the first place. Some 460 million metric tons are manufactured globally each year—mostly out of fossil fuels—and only 9 percent of it is recycled.

Because the manufacturing, use, and disposal of plastics contribute to climate change, experts at the nonprofit Pacific Environment have found that the treaty must cut plastic production by 75 percent by 2040 in order to limit global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit).

The high-ambition coalition also supports specific bans or restrictions on the most problematic types of plastic—typically meaning those that are least likely to be recycled—as well as hazardous chemicals commonly used in plastic products. This coalition includes Canada, Norway, Peru, Rwanda, and the UK, along with more than 60 other countries.

Oil-producing states like Saudi Arabia, Russia, and China—backed by industry groups—oppose these measures. They want the treaty to leave production untouched and focus on managing plastic waste. The US counted itself among those countries until this week.

Now, in addition to supporting restrictions on plastic production, the US says it will also support creating a list of problematic plastics and hazardous chemicals, according to Reuters.

Because the US carries so much weight in the treaty negotiations—and because North America produces one-fifth of the world’s plastics—Dixon said the White House’s new position could be “a welcome signal to fence-sitting countries,” encouraging them to join the high-ambition coalition. “I hope it will only further isolate the small group of countries who are unwilling to commit to the necessary binding regulations we need to see on the supply of plastics.”

Industry groups reacted less favorably to the news. 

Chris Jahn, president and CEO of American Chemistry Council, a plastics and petrochemical trade group, said in a statement that the US had “cave[d] to the wishes of extreme NGO groups.” He described the White House’s new position as a betrayal of US manufacturers that would slash jobs, harm the environment, and cause the cost of goods to rise globally.

“If the Biden-Harris administration wants to meet its sustainable development and climate goals, the world will need to rely on plastic more, not less,” he said, citing the material’s utility in renewable energy infrastructure, making buildings more energy efficient, and reducing food waste. 

Nearly 40 percent of global plastic production goes toward single-use items like packaging and food service products.

Matt Seaholm, president and CEO of the Plastics Industry Association, shared similar sentiments to Jahn. In a statement, he said the White House had “turned its back on Americans whose livelihoods depend on our industry.”

He added that the US’s reversal would undermine its influence in the treaty negotiations, “as other countries know this extreme position will not receive support in the US Senate.” The Senate has to approve treaties before the US can ratify them.

Despite the industry’s outrage, polling suggests that ambitious policies to address the plastics crisis are broadly popular among the public. According to one recent poll from the nonprofit National Resources Defense Council, nearly 90 percent of Americans support measures to reduce plastic production. Eighty-three percent specifically support plastic production limits as part of an international treaty, and even greater numbers support treaty provisions to eliminate “unnecessary and avoidable plastic products” and toxic chemicals.

Reducing plastic production is “what the American people want,” Anja Brandon, director of US plastics policy for the nonprofit Ocean Conservancy, said in a statement. She cited additional polling from her organization showing that 78 percent of Americans think ocean-bound plastic pollution is a “pressing problem.”

Brandon and other environmental advocates now say they’re eager to see how the US’s new position will translate into advocacy during the final round of plastics treaty negotiations, scheduled to begin in late November in Busan, South Korea. They’re calling for the US to sign onto the “Bridge to Busan,” a declaration put forward by a group of countries last April asking negotiators to “commit to achieve sustainable levels of production of primary plastic polymers,” potentially through “production freezes at specified levels, production reductions against agreed baselines, or other agreed constraints.”  

“I’m cautiously optimistic,” Julie Teel Simmonds, a senior attorney for the nonprofit Center for Biological Diversity, said in a statement. “I look forward to seeing US delegates fight for these positions at the next plastics treaty negotiations in South Korea.”

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

In a significant reversal, the Biden administration announced during two closed-door meetings this week that US negotiators will support limits on plastic production as part of the United Nations’ global plastics treaty.

The news was first reported by Reuters and confirmed to Grist on Thursday by the State Department. It represents a major shift for the United States, which had previously rejected production limits in favor of an approach focused on boosting the recycling rate and cleaning up plastic litter.

While industry groups condemned the decision as “misguided,” environmental organizations said it could sway momentum in favor of production limits at a consequential point during the negotiations. There is only one meeting left before the treaty is supposed to be finalized in 2025.

“This couldn’t have come at a better time,” said Christina Dixon, ocean campaign leader for the nonprofit Environmental Investigation Agency. “The US position has been one of the great unknowns and they have the power to be a constructive and collaborative player, so it’s a relief to see them setting out of their stall at this critical moment.”

Backed by industry groups, oil-producing states like China, Russia, Saudi Arabia, and until now, the United States, have opposed restrictions on plastics manufacturing.

Negotiations over a treaty have been ongoing since March 2022, when the UN reached a landmark agreement to “end plastic pollution.” Over the course of the four negotiating sessions that have occurred since then, however, progress has been slow—in large part due to disagreements over the treaty’s scope.

A so-called “high-ambition” coalition of countries, supported by many scientists and environmental groups, say the treaty must prevent more plastic from being made in the first place. Some 460 million metric tons are manufactured globally each year—mostly out of fossil fuels—and only 9 percent of it is recycled.

Because the manufacturing, use, and disposal of plastics contribute to climate change, experts at the nonprofit Pacific Environment have found that the treaty must cut plastic production by 75 percent by 2040 in order to limit global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit).

The high-ambition coalition also supports specific bans or restrictions on the most problematic types of plastic—typically meaning those that are least likely to be recycled—as well as hazardous chemicals commonly used in plastic products. This coalition includes Canada, Norway, Peru, Rwanda, and the UK, along with more than 60 other countries.

Oil-producing states like Saudi Arabia, Russia, and China—backed by industry groups—oppose these measures. They want the treaty to leave production untouched and focus on managing plastic waste. The US counted itself among those countries until this week.

Now, in addition to supporting restrictions on plastic production, the US says it will also support creating a list of problematic plastics and hazardous chemicals, according to Reuters.

Because the US carries so much weight in the treaty negotiations—and because North America produces one-fifth of the world’s plastics—Dixon said the White House’s new position could be “a welcome signal to fence-sitting countries,” encouraging them to join the high-ambition coalition. “I hope it will only further isolate the small group of countries who are unwilling to commit to the necessary binding regulations we need to see on the supply of plastics.”

Industry groups reacted less favorably to the news. 

Chris Jahn, president and CEO of American Chemistry Council, a plastics and petrochemical trade group, said in a statement that the US had “cave[d] to the wishes of extreme NGO groups.” He described the White House’s new position as a betrayal of US manufacturers that would slash jobs, harm the environment, and cause the cost of goods to rise globally.

“If the Biden-Harris administration wants to meet its sustainable development and climate goals, the world will need to rely on plastic more, not less,” he said, citing the material’s utility in renewable energy infrastructure, making buildings more energy efficient, and reducing food waste. 

Nearly 40 percent of global plastic production goes toward single-use items like packaging and food service products.

Matt Seaholm, president and CEO of the Plastics Industry Association, shared similar sentiments to Jahn. In a statement, he said the White House had “turned its back on Americans whose livelihoods depend on our industry.”

He added that the US’s reversal would undermine its influence in the treaty negotiations, “as other countries know this extreme position will not receive support in the US Senate.” The Senate has to approve treaties before the US can ratify them.

Despite the industry’s outrage, polling suggests that ambitious policies to address the plastics crisis are broadly popular among the public. According to one recent poll from the nonprofit National Resources Defense Council, nearly 90 percent of Americans support measures to reduce plastic production. Eighty-three percent specifically support plastic production limits as part of an international treaty, and even greater numbers support treaty provisions to eliminate “unnecessary and avoidable plastic products” and toxic chemicals.

Reducing plastic production is “what the American people want,” Anja Brandon, director of US plastics policy for the nonprofit Ocean Conservancy, said in a statement. She cited additional polling from her organization showing that 78 percent of Americans think ocean-bound plastic pollution is a “pressing problem.”

Brandon and other environmental advocates now say they’re eager to see how the US’s new position will translate into advocacy during the final round of plastics treaty negotiations, scheduled to begin in late November in Busan, South Korea. They’re calling for the US to sign onto the “Bridge to Busan,” a declaration put forward by a group of countries last April asking negotiators to “commit to achieve sustainable levels of production of primary plastic polymers,” potentially through “production freezes at specified levels, production reductions against agreed baselines, or other agreed constraints.”  

“I’m cautiously optimistic,” Julie Teel Simmonds, a senior attorney for the nonprofit Center for Biological Diversity, said in a statement. “I look forward to seeing US delegates fight for these positions at the next plastics treaty negotiations in South Korea.”

Only some 40 percent of disabled people are employed. But even that low figure is buoyed by federal laws against employment discrimination—a target of Project 2025, the Heritage Foundation’s roadmap for a right-wing transformation of government by a second Trump White House.

A key institution for the just treatment of disabled workers is the Equal Employment Opportunity Commission, which enforces federal bans on workplace discrimination. Viewed with distaste by many on the right since its founding through the 1964 Civil Rights Act, the EEOC obtained nearly $4 million in 2023 for disabled workers subjected to employment discrimination under the Americans with Disabilities Act.

Discrimination plays a significant role, according to Stetson University College of Law professor Robyn Powell, in unemployment among disabled people, who experience it at a rate about double that of people without disabilities.

In response to substantiated complaints, the EEOC can sue companies for discrimination on the basis of disability—among other categories, including race, gender, and age—and may reach a consent decree, where companies agree to changes in policy and practice, sometimes with financial settlements to the affected workers.

“Consent decrees are really critical in any kind of civil rights monitoring or systemic action.”

“Consent decrees occur when there is a big employer where we’re seeing systematic examples of discrimination,” Powell said. “If we can open up employment opportunities by tackling discrimination, it helps everyone.”

The decrees are quicker, cheaper, and sometimes more effective than lawsuits in combating workplace prejudice. But they have a notable enemy in the Heritage Foundation’s pet project.

Jonathan Berry, who was the chief counsel of Trump’s 2016 transition team and held multiple jobs in his administration, writes in Project 2025 that EEOC “should disclaim power to enter into consent decrees that require employer actions” not already explicitly required by law. Back in 2012, during the Obama administration, a Heritage Foundation employee testified before Congress that federal agencies habitually abuse consent decrees—a viewpoint still clear in Project 2025. 

“When we look at [Project 2025’s] specifics around the EEOC and consent decrees,” Powell told Mother Jones, “we can see that they really are trying to attack and decimate disability rights.” 

The EEOC and DOJ “have really been critical in protecting the rights of people with disabilities,” says Shira Wakschlag, general counsel and senior director of legal advocacy at The Arc, which serves people with developmental and intellectual disabilities. “Consent decrees are really critical in any kind of civil rights monitoring or systemic action.”

Anti-discrimination consent decrees tend to emphasize reform and accountability, with modest settlements compared to potential legal damages. In one representative case, a government contractor that did not provide accommodations to Deaf and hard-of-hearing employees, and that fired workers on medical leave, agreed to a $1 million settlement with updates to policies on medical leave, reasonable accommodation, and managerial training on the Americans with Disabilities Act, including five years’ monitoring for compliance.

Other types of Justice Department consent decrees also come under attack in Project 2025. Wakschlag says that’s very concerning for disability rights—federal consent decrees are used to fight the continuing institutionalization of disabled people, which violates both the ADA and the Supreme Court’s Olmstead ruling. 

Conservative attacks on consent decrees are not exactly new. “We’ve certainly seen pushes to either limit, restrict or get rid of consent decrees in agencies in prior administrations,” Wakschlag says. The Trump administration, notably, put a near ban in place on consent decrees between the Department of Justice and police departments that aimed to address police brutality.

If the EEOC’s ability to give consent decrees was diminished or ended, federal anti-discrimination legislation would be dramatically weakened. The agency could still provide technical assistance—such as instruction on how the ADA protects employees and applicants with visual disabilities, diabetes, or epilepsy—but losing the power to push companies to commit to treat disabled workers better, and monitor their progress, will harm disabled workers and strip them of remedies.

“We would see a huge shift in power dynamics,” Powell said, “where we would see that it would really tilt the balance of power more towards employers in these disability discrimination cases.”

When a man with painful cystic acne came to dermatologist Eva Rawlings Parker for help in a Nashville clinic, she couldn’t prescribe him doxycycline or minocycline, two medications she’d typically use to treat this condition. This is because the man was a roofer, says Parker, and these medications would have impacted his ability to tolerate heat. 

Parker’s patient was far from alone. Other common medications for physical health, like beta blockers, can impact people’s ability to handle heat. Many medications for mental health do, too.

Conventional wisdom tells people with conditions that make them unusually vulnerable to the sun, like the autoimmune disorder lupus, or are on medications that lead to heat sensitivity, to avoid staying outside when the sun is at its strongest.

“We know that workers have been dying because of chronic conditions that accumulate through heat stress over many years and decades that lead to shorter life spans.”

But for the one-third of US workers who must spend regular time outdoors, that advice bursts into flames. For some, such as farmworkers, hours and hours of heat exposure, with minimal or no reprieve, are just part of the job. Increasing heat waves and more frequent wildfires point to the need to find real solutions for outdoor workers—and highlight how labor and climate change are intertwined. 

Alongside heat waves getting worse and longer, which can trigger mental health episodes, more and more people are taking antipsychotic medications or antidepressants like SSRIs. Even before the toll of the Covid pandemic, the CDC estimated that more than one in eight adults took antidepressants. Since the beginning of the Covid-19 pandemic, SSRI prescriptions for adolescents and young adults has increased by 63 percent.

Edward Flores, faculty director of the Community and Labor Center at the University of California, Merced, specializes in the conditions of low-wage and immigrant workers in California. He says the need for heat safety policy reform is acute. “We know that workers have been dying,” Flores says, “because of chronic conditions that accumulate through heat stress over many years and decades that lead to shorter life spans.”

Parker, the dermatologist, is acutely aware of how heat can trigger or worsen skin problems. She is co-chair of the American Academy of Dermatology’s group on climate change and environmental issues, and was an author of a 2023 review on the ways climate change can contribute to dermatological issues, including triggering flares of conditions like hidradenitis suppurativa—which causes painful lumps deep in a person’s skin—and skin cancer.

“The skin is really probably our most climate-sensitive organ, also a very large and complex organ, and it’s really the major interface to the environment,” says Parker, who is also a Vanderbilt University Medical Center professor. Her experience with patients, many of whom are low-income and migrant workers, lets her see firsthand just how challenging giving practical health advice can be in a warming world. 

People’s core temperature can rise much more quickly on SSRIs, for instance, putting them at increased risk of heat stroke. And there’s the challenge, says Rupa Basu, a heat epidemiologist with the California Office of Environmental Health Hazard Assessment: “It’s really hard to monitor core body temperature.” 

Workers do have some legal rights to breaks and water, depending on the locale. California, Oregon, and Washington are the only states that mandate those breaks. And roughly half of crop farmworkers have no legal work authorization. That lack of legal status, and the threat of deportation, gives many workers reason to fear complaining about working conditions.

In July, the Occupational Safety and Health Administration proposed a new set of rules which would help protect more than 36 million workers from heat-related illness or death. The proposed OSHA rules would require employers to monitor their workers for heat exhaustion symptoms, provide adequate water and shade, designate break areas, and provide mandatory rest breaks, among other things. 

In one landmark 2022 farmworker health study that Flores, of the University of California, worked on, nearly half of workers interviewed said their employer had no heat-illness prevention plan—such plans are required by state law, and may soon be required federally—and one in six did not receive state-mandated rest breaks. When that lack of respite causes illness, many farmworkers are unlikely to see a doctor: 23 percent of those interviewed had not had a doctor’s visit in the past year, even at clinics tailored towards migrants.

23 percent of those interviewed had not had a doctor’s visit in the past year, even at clinics tailored towards migrants.

But enforcement, if the rules are implemented, will be a challenge. For one thing, as Flores explained, California has very few Spanish-speaking OSHA inspectors—and none that he’s aware of in the Central Valley, which supplies 8 percent of America’s total agricultural output. (89 percent of California agricultural workers speak Spanish as their primary language.) Nationwide, many accounts exist of inspectors arriving at a workplace without being able to speak workers’ main language.

Summers, meanwhile, are only going to get hotter. Without adequate regulation and enforcement, workers will keep dying in the heat. As Bill Field, director of AgrAbility, a Department of Agriculture program for disabled farmers, put it: “If you go to the racetrack, all the horses have multiple fans blowing on them…Why? Because we care more about the horses than we do the people.”

The adversity brought on by the climate crisis, Flores said, makes it “all the more important to safeguard workers’, outdoor workers’, health and well-being with improved standards and enforcement.”

Whether or not it is legally required, there are steps that employers can already take—but seldom do—to make outdoor working environments safer. “It could be things like increasing water breaks,” Basu said, “or putting up structures to increase shade.”

When the sun beats down on workers, clothes that protect against ultraviolet light can be a useful tool. Research suggests that UV-protective clothing is more effective in preventing skin damage, blocking 96 to 98 percent of the sun’s radiation—by comparison, a cotton shirt will only block around 80 percent. But these garments also tend to be more expensive—protective long-sleeve shirts can easily cost $50 or more. Field believes that employers should cover the cost of UV-protective clothing for exposed workers.

“If I’m a legitimate apple grower or a peach grower in New Jersey, and I’ve got to hire people,” Field said, “I need to be able to budget for them to all have hats and water bottles and things that are going to protect them while they’re in the field.” 

Those changes wouldn’t just benefit workers who are chronically ill—prolonged heat can disable and kill anyone. “When we’re thinking about public health messaging,” Basu adds, “it’s so important to say it’s not just people who you would think would be at high risk.” 

Last week, the Environmental Protection Agency announced it was permanently suspending its approval of the widely used pesticide, Dacthal, amid a barrage of evidence of damaging, lasting effects on reproductive and fetal health—most notably among pregnant farmworkers. It is the most significant action the agency has taken on a pesticide in decades. 

Dacthal, the trade name of dimethyl tetrachloroterephthalate (DCPA), is used to prevent weeds from growing and has been used on a variety of crops like strawberries, spinach, celery, and garlic since the late 1950s. 

The historic action comes after years of delays, mostly on the part of its manufacturer, the agricultural conglomerate AMVAC, which took 11 years to submit full data on its product—forcing the EPA to delay its decision on the chemical. The agency classified the chemical as a potential carcinogen in 1995; it has been banned in the European Union since 2009. 

“We’ve known for quite a long time that [Dachtal] is really precarious in terms of exposure to mothers during pregnancy or in the preconception period,” said Carmen Messerlian, a reproductive health scientist at Harvard University’s T.H. Chan School of Public Health. “The data is pretty conclusive, showing significant risk to unborn fetuses, specific outcomes related to neurodevelopmental problems, as well as low birth weight and IQ.” 

“We’re happy that they’re going to suspend it. That’s a really big step, because I think it’s been 40 years since EPA has taken a step like that to suspend a pesticide,” said Jeannie Economos, coordinator of the Pesticide Safety and Environmental Health Program of the Farmworker Association of Florida. 

“We know that the bureaucratic process is long, we know that EPA does have to negotiate with [AMVAC], so we take that all into consideration, and we’re grateful for all the work that went into it,” said Economos. “But at the same time, it is terrifying that these pesticides are allowed in the market in the first place.”

Another harmful aspect of DCPA is how long it lingers on and around crops and fields treated with the pesticide. Its manufacturer claims that fields treated with Dachtal are safe to enter after 12 hours—but the EPA said it had evidence that fields retained unsafe levels of the pesticide for up to 25 days. 

It also tends to travel beyond the crops it’s intended to work on. This concept, called pesticide drift, also means that workers and adjacent communities are at risk because of the toxicity of DCPA—especially given that its labeling downplays that risk.

Pesticides like DCPA remain on the market even as scientific evidence increasingly confirmed carcinogenic and other detrimental health impacts in part because such products, by default, are treated as safe unless shown otherwise. The onus is on agencies like the EPA and FDA to gather direct scientific evidence that products do harm, not on the manufacturers to prove they don’t. 

That dynamic doesn’t exist in much of Europe, or in Canada; under those systems, any evidence-based concerns about the safety of industrial products, like pesticides, necessitate that manufacturers prove the product is safe before exposing the public to it. 

“I think DCPA is a really good case study about how the pesticide regulatory system is really broken,” said Alexis Temkin, a senior toxicologist at the Environmental Working Group, an advocacy organization that works to protect human and environmental health from toxic chemicals.”It’s supposed to be that the most vulnerable are protected—that’s the most highly exposed, like farmworkers and the most sensitive, like pregnant people and children time and time again, we’ve seen it play out that that’s not necessarily the case.” 

Temkin has been studying DCPA since 2018, when she analyzed USDA data which eventually showed how prevalent it was in kale. She was concerned that people attempting to eat healthier might be exposed to more of a toxic chemical than they realized. 

“About 60 percent of those kale samples” contained DCPA, Temkin said. “As soon as I started investigating what the health effects were, we started to see: it had impacts on the thyroid, as well as the liver and lungs.” 

Messerlian points out that despite regulatory inaction, responsibility for DCPA’s continued harm to the public lies with its manufacturer. AMVAC “failed to do due diligence to protect the public,” she said. “Thousands of babies have been exposed. Mothers have been exposed, fetuses have been exposed, and the cost of that is human life, human suffering, at the benefit of companies that continue to profit off agricultural workers.”