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Close your eyes and think of the American West. What do you see? The sandstone towers of Monument Valley. The dusty ruts of a wagon trail leading through a clapboard town. A cowboy on horseback.
Remove the horse and the mythic image of the American frontier collapses. But across the desert states — and in particular, in Arizona, the cinematic ideal of the West — extreme heat is making the land practically uninhabitable for horses. In 2018, nearly 200 mustangs were found dead near a dried-up water hole on the west side of the Navajo Nation, and now, with 18 consecutive 110-plus degree days in Phoenix and counting, longtime equestrians in the state are considering hitching up the trailer and moving to cooler climes.
“Tonight I think it gets down to 87, just for an hour, and then it goes back up,” Quincy Roxburgh, who moved to the region from the Sacramento area and owns four horses, told me late last week. “We don’t get that break from the heat [like you do in California]. I feel so bad for the horses. I’ve never dealt with anything like this.”
With an estimated $1.3 billion local equestrian industry, Phoenix has been described as a “horse mecca,” particularly when it comes to Arabians. Every year the city hosts the biggest Arabian horse gathering in the world, drawing more than 2,400 horses with some $3 million in prize money on the line. WestWorld, the fifth most-popular equestrian facility in the country, is located in nearby Scottsdale — “the West’s Most Western Town” — and has undergone a $56-million renovation that included the addition of climate-controlled stalls. Its outdoor arenas, though, still bake in the heat. You begin to understand why equestrian events don’t typically get scheduled for the Arizona summers.
But that doesn’t mean much for the horses that spend the year in corrals nearby. Like most mammals, horses pant; unlike most mammals, when panting becomes ineffective around 94 degrees, they’ll sweat, similar to humans. And horses are enthusiastic sweaters: A horse can produce a quarter of a liter of sweat per minute in order to cool itself down, Equus reports — that is, about the capacity of one large Nalgene water bottle in the time it takes you to pop a bag of popcorn.
This means horses face the same risk as people when the air is humid and the efficiency of evaporation slows down. “The thing that saves us [in Arizona] is the low humidity, typically,” Roxburgh said.
In addition to being champion sweaters, though, horses are four-legged space heaters. Because they’re so muscular (and muscles produce heat), horses warm up three to 10 times faster than people do, Michael Lindinger, an animal and exercise physiologist at the University of Guelph, has found. According to his research, just 17 minutes of “moderate intensity exercise in hot, humid weather” can put a horse in the danger zone.
Even eating and digesting can warm a horse up. “Arabians, your Spanish-bred horses — heavy, big-boned warmbloods — we call those ‘easy keepers,’” Catherine Enright of Sorum Veterinary Services, in Scottsdale, Arizona, explained to me. “Those have a propensity to have more risk of foundering in this heat than other equine breeds.”
Founder — a heat-related hoof condition that can require euthanasia in extreme cases and that Roxburgh said she’s “scared to death” of — can be induced by something as ordinary and horsey as eating grass. As Enright explained, “if you have grass pastures, which are very hard to come by in Arizona, we recommend that you only graze [your horses] at night or very, very early in the morning, and they come in before noon,” when the sugar in the grass is highest. Because of the way a horse’s metabolism works, “sugar, starch, carbs — those three ingredients are a death sentence to easy keepers in this heat.”
Enright additionally suggested not letting horses out during the day — and indeed many horsemen and women across the Valley of the Sun have been rising pre-dawn to exercise and feed their animals. She also suggested putting up misters to help keep the horses cool. Roxburgh herself has invested in a large, SUV-sized swamp cooler for her horses, which she pointed out has the additional advantage of keeping her cool during barn chores.
But what about horses that don’t have access to tubs of water, misters, and even their own ACs?
The Phoenix area is home to some 430 wild horses that live along a river in the Tonto National Forest, on the northeastern outskirts of the city, beyond Scottsdale. That “wild” moniker is a bit of a contentious issue: The U.S. Forest Service claims the horses are “descended from … trespassing livestock” and thus they are not federally protected as “wild horses,” and the herd is instead overseen by a nonprofit, the Salt River Wild Horse Management Group, which contends the lineage goes back to the 18th century.
When I spoke to Simone Netherlands, the founder and president of the volunteer management group, I braced myself for the worst: horses without access to state-of-the-art barn misters dropping from the heat.
“I would say that the Salt River wild horses are the only ones not affected by the heat,” she told me instead.
In fact, her group is far more worried about keeping the rescue horses at its facilities cool. That’s because the Salt River herd “will stand in the middle of the river to cool off,” giving them enviable relief when the temperatures climb into the triple digits — “and so they’re the lucky ones.”
The way Netherlands tells it, it makes sense; the herd “evolved and learned to deal with the heat,” just like other desert animals do. The horses that can’t take Arizona’s seasonal extremes — like, say, the memorable 120-degree day last year that Netherlands, Roxburgh, and Enright all mentioned to me — are in theory weeded out, although Netherlands says they haven’t had a horse die from the heat since the monitoring group was established in 2015. Any culling was likely done generations ago: “That’s why we actually don’t have black horses in the Salt River herd, because they would not survive the heat,” she said.
Of course, not all horses are lucky enough to have a river flowing through their turf. Netherlands also told me that Arizona doesn’t have a law that specifically requires domestic horses be provided shade.
The heat is part of the myth of the West, too: The heat wave frying Phoneix has been called an endurance test, and it’s one many locals proudly embrace. “National media describe metro Phoenix’s string of 110-degree-plus days as if it were an apocalypse,” one recent editorial in the Arizona Republic boasted. “But we learned long ago how to adapt.” But unlike the wild horses, that adaptation involves easy access to AC, something that isn’t at the disposal of everyone, including outdoor domestic animals and the people who diligently labor — or were hired to labor — to take care of them.
And so, until the heat breaks, there will be more pre-dawn mornings, more calls to the overloaded vets, more barn misters to be installed. When saying farewell to Enright, I wished her, optimistically, cool days ahead. “Yeah,” she replied dryly. “There won’t be.”
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.