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On the emergency in California, clean energy tax credits, and Exxon Mobil

Current conditions: It is 27 degrees Fahrenheit in Dallas, Texas, and snow is expected • The whole of England is under a cold weather health warning until Sunday • A water boil advisory is in effect for Richmond, Virginia, after a winter storm cut power to the city’s water treatment plant.
At least three wildfires are raging in Los Angeles, fanned by strong Santa Ana winds, warm weather, and exceptionally dry conditions. The largest blaze, the Palisades fire, has consumed some 3,000 acres in the Pacific Palisades area since it ignited yesterday and remains uncontained. More than 30,000 people have been told to evacuate. Two other blazes – the Eaton fire in Altadena and the Hurst fire near San Fernando – have also forced people to flee. Gov. Gavin Newsom declared a state of emergency yesterday. Wind gusts in some areas are near 100 mph. The National Weather Service warned the windstorm is likely to be the most destructive in over a decade.


Southern California usually gets some rain over the colder months, but just 0.29 inches of rain has fallen in L.A. since May of last year. On top of that, the area saw record-breaking heat over the summer, so conditions are exceptionally dry. “Locally record hot summer followed by a near-record dry fall followed by the strongest wind event in 14 years,” said Anthony Edwards, a meteorologist at the San Francisco Chronicle. “Energized power lines strung across a landscape that is home to tens of millions of people. Disaster recipe.” Some firefighters reported hydrants were not supplying water. The NWS issued a warning for extremely critical fire weather for Wednesday. Some 200,000 people are without power. “Hell of a way to start a new year,” Gov. Newsom said.
President-elect Donald Trump held a lengthy press conference at Mar-a-Lago yesterday, repeating some familiar climate and energy falsehoods and trotting out a few new ones. Trump threatened again to reverse President Biden’s newly-announced offshore drilling ban and the non-existent EV “mandate,” and also hinted at trying to ban the construction of new wind turbines. He took the opportunity to lament electric heaters because he said they make you “scratch and itch,” as well as low-flow shower heads because “no water comes out.” There is no time like the present to peruse Heatmap’s extensive fact-check of Trump’s climate and energy claims.
The Biden administration rolled out the pièce de résistance of its Inflation Reduction Act tax credits yesterday, publishing the final rules for its overhaul of the clean energy subsidies at the heart of both the bill and United States alternative energy policy going back decades. The final rules define what sources of energy are eligible for production and investment tax credits (known as 45Y and 48E) by lumping together all zero-emissions energy sources into one big group of winners and then letting developers choose which credit they want to use.
The tax credits cover “wind, solar, hydropower, marine and hydrokinetic, geothermal, nuclear,” according to a Treasury Department release, as well as “certain waste energy recovery property” (heat from buildings), and sets out a process for determining how combustion-dependent sources such as biogas, biomass, and natural gas derived from sources like cow manure could qualify. And unlike the tax credits they replaced, which had fixed time periods they were in effect, the tech neutral credits either begin phasing out in 2032 or when electricity sector greenhouse gas emissions are a quarter of their 2022 level, whichever comes second. “With Trump set to take office again in less than two weeks, these rules will be cast into doubt almost as soon as they’re rolled out,” wrote Heatmap’s Matthew Zeitlin. “So the administration is trying to cast the tax credits as a money-saving proposition for energy consumers — especially households — and a spur for investment across the country.”
Fossil fuel giant Exxon Mobil is suing California Attorney General Rob Bonta and some environmental groups, alleging they participated in a conspiracy to defame the firm and hurt its business. In recent lawsuits against Exxon, Bonta and the groups – including the Sierra Club – have accused the oil company of lying to the public about the recyclability of plastic (which, if you didn’t know, is mostly made from fossil fuels). Exxon now says those accusations were false and defamatory. “This is another attempt from Exxon Mobil to deflect attention from its own unlawful deception,” a spokesperson for the California Department of Justice told Grist. “The attorney general is proud to advance his lawsuit against Exxon Mobil and looks forward to vigorously litigating this case in court.” The Sierra Club called the lawsuit a “shameless attempt at intimidation.”
Car manufacturers in Europe are looking to “pool” their emissions and buy credits from major electric vehicle companies as a workaround to comply with the EU’s new emissions rules, Reuters reported. Companies including Ford, Toyota, Stellantis, and Subaru are looking to pool their emissions, and then buy surplus carbon credits from Tesla; Mercedes is eyeing a similar initiative with Polestar. The EU’s new rules, which came into effect on January 1, mean carmakers have to reduce emissions by 15% compared to 2021, or face steep fines. Many manufacturers called for the rules to be eased or delayed due to sluggish EV demand.
A recent report from the Department of Energy found that about 90% of wind turbine parts and “wind systems” can be recycled.
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A conversation with the Guardrails Alliance’s Shaunna Thomas.
This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.
After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.
I reached out and asked if Thomas could explain further what all of this means to my readers. She kindly obliged.
The following conversation was lightly edited for clarity.
Let’s start with the elections. What were your takeaways when it came to what voters want to see on data centers?
I think the elections were a rebuke of the status quo on a number of fronts. We saw across the board that people are frustrated with what amounts to legalized corruption and the forcing without consent of new technology, and new infrastructure to support a technology that they didn’t ask for in ways that are harmful to their lives and the country.
What we saw in polling is that the data center backlash is one of the most bipartisan political issues of our time, driven by everything from noise pollution to rate hikes to Big Tech trying to steamroll state and local governments. Americans are sick and tired of the AI industry trying to control our lives by building data centers in our communities, which goes along with trying to control our data and who represents us in government. The AI industry was also trying to spend a lot on elections trying to control the outcome.
When we dig deeper on all that, it’s not just about elections. They’re seeing this unholy alliance between Big Tech and the Trump administration.
In the post-election analysis laid out in that memo, you explain these key narratives that you think Democrats should pick up against the tech sector. Can you explain how you developed these?
What we dug into during the primaries and the lead-up to the general election was questions in focus groups and polling with Republicans and Democrats about what was behind the frustration. Is this just about buildings they don’t want in their backyard or is this connected to AI and bigger picture concerns over who makes choices? About control? The data centers people were most opposed to were data centers specifically for AI, which was a really important indicator it was both/and.
We then started to talk to voters in Ohio and Iowa and Michigan about what they’d want to see in terms of changes, in terms of new leadership, how they would want to see this framed. What was appealing? We tested a number of frames and these key narratives are a compilation of that data. So for example, a key narrative says, The AI oligarchs and their political allies are wildly out of step with a supermajority of the public. There’s also sample messaging under it in the memo. And it’s a reflection of the sentiment and the tone and the language a lot of people used when they got into robust conversations about what they’re really concerned about or what they want to see their leaders doing differently.
Can you say more about these focus groups? And can you say more about what you saw in terms of bipartisan shared concern around not just data centers but these messages you’re bringing up?
I can tell you about some of the key findings of the focus groups we did in Michigan and Ohio and Iowa in August and September. People are generally open to the idea AI can have some benefit to their lives, and they’re open to using it personally. But everyone we talked to expressed some concern about the pace it was being developed. You can see technology having value but also see there’s no regulation in place or guardrails around the technology itself.
Most people we spoke to expressed concerns about how the technology has been affecting society and the environment — that came up a lot in data center conversations. People are also concerned about the role chatbots could have in their children’s lives, and that AI could replace teachers.
It’s also a lot of concern about and a lack of confidence in either government regulators or AI companies to properly regulate the technology. You saw more support for regulators at the state level and people deeply opposed to federal pre-emption, because they see more evidence of democracy working at the state level as opposed to the federal level.
People express mixed reviews about the specific policy solutions. What we’re seeing is people see AI as a vehicle for a small handful to amass more wealth and power. I don’t think we have had enough of a robust debate about how you deal with that problem.
So, on that point in particular, I want to drill down. What do we know about what voters want to see? What does accountability or guardrails look like to them?
First of all, there’s blanket support for federal regulations in general to deal with the way the technology is developed and deployed. We see a lot of clarity from voters about the fact they may not have a lot of confidence the federal government will step in. They want to see it.
When it comes to the economy, where there’s still broad public support is taxing billionaires and CEOs of these companies and raising the minimum wage and raising the social safety net. People’s interest in seeing that move forward has been growing in intensity.
On AI specifically, people don’t want to have a conversation about distribution of wealth without a conversation about distribution of power. They don’t want to be bribed to accept the acceleration of AI in their lives. They want to know that the power of those companies to do what they’re doing is going to be significantly limited and safety guardrails are put in place to keep us all safe from what the new technology is capable of.
I think once the safety conversation is step one. Step two is the conversation about how you distribute wealth from a technology built on other people’s labor and intellectual property.
On the concern about bribes, we’ve been reporting on Trump’s call for cash payments to communities to accept data centers. Are you telling me proposals like that might not be a good political strategy?
It was precisely because Trump was talking about it that we heard it brought up in focus groups, and how it was described was that voters may get some short term incentive to accept a technology they don’t trust is designed to help them fundamentally. They believe it is being deployed to more deeply consolidate power and wealth. And they don’t want that. When the president or a big AI company says they agree with it, it’ll have an impact on how the idea is perceived.
It has to also be coupled with a set of policies that are putting democratic governance over the technology itself before its deployment. People want to see technology isn’t going to continue to advance without guardrails.
Distinct from Trump’s data center dividend, some policymakers have suggested a “data dividend” — a distribution of wealth from the usage of AI products because they’re using people’s data. That’s more of what we’re talking about.
What do we know about what the public wants to see regarding data centers?
It’s important we recognize local leaders have had demands driven by their local communities. But as a structural matter, the public sees slowing down data centers as a mechanism for slowing down the project of AI generally. It remains an open question about how you do that.
There are federal policymakers working on a set of solutions that could create more space for people at the local level to be in the driver’s seat on when, how, or if data centers get built. I think we’ll see more proposals on that front.
So where do you think this conversation goes next?
I would expect the public to continue to make demands from policymakers and I would expect the Big Tech sector to continue down the path they’re going, which is, we were always Democrats and pro-regulation all the time. This will look like policies resembling always being okay with regulation but actually avoid putting checks on their power. And that’ll mean the public has even more at stake and the government has an even bigger obligation to make sure AI is deployed for public benefit as opposed to for the profits of a few companies and CEOs.
Plus more of the week’s biggest development fights.
1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.
2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.
3. Dakota County, Minnesota — I’m scrutinizing a lawsuit against a data center developer centering on allegedly improper permitting of its cooling technology.
4. Polk County, Florida — Will the Sunshine State remain a challenging place for data centers after Ron DeSantis? A test case could reveal the future quite quickly.
Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.
This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.
Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.
Clearly the idea didn’t stop the bleeding. Democrats trounced Trump’s party in the midterms on a message that was heavy on attacks against data centers. But that still doesn’t explain why direct payments did so little to move the American public.
A Heatmap Pro poll conducted in early-to-mid October, right before the midterm elections, gives us an answer. As part of a broader survey of 2,500 registered voters, we asked about the idea — what we believe to be the first independent poll on direct payments for data centers by a news organization. We asked respondents whether there was a specific dollar amount they’d accept as a one-time cash payment in exchange for a data center being built near them. We also gave them the option to say no amount of money was sufficient.
Shockingly, a majority of people surveyed said they’d reject the data center cash payment in any amount. Among those who said they’d actually take the money, the median figure was around $10,000. The average was a whopping $146,000, skewed by the number of people who wrote $999,999, the maximum allowed by the survey.
This tracks what we’re seeing play out in communities where developers have tried this idea. In Hazle Township, Pennsylvania, NorthPoint — developer of an Amazon-linked data center project — proposed $10,000 cash payments to residents, no catch. Residents compared it to a bribe. In De Soto, Kansas, data center developer Digital Realty is offering annual $1,000 tax credits for a decade to neighbors of its proposed data center project. That proposal has been reportedly met with mixed reviews, too.
Clearly one of the problems here is that data centers not only face public perception issues around their local impacts, but are also more broadly associated with systemic inequality in the U.S. economy. The same Heatmap Pro survey found that a majority of voters believed AI companies have more control over the government than the oil and gas industry, pharmaceutical companies, banks, or other large industries.
Shaunna Thomas, executive director of Democratic-allied super PAC Guardrails Alliance, told me that during the campaign season they found that residents often associated the dividends with bribes, and that the president’s support for direct payments ultimately fed into voter sentiments about the tech sector controlling the government and society.
“People don’t want to have a conversation about distribution of wealth disconnected from a conversation about distribution of power,” Thomas said. “Specifically because Trump was saying that, we started hearing from voters in focus groups that it didn’t work for them. They’re hearing it as a bribe. They’re hearing they may get some sort of short-term economic or financial incentive to accept a technology they don’t trust is designed to help them.”
The Heatmap Pro survey results about cash payments ultimately reveal how emotionally driven the data center debate has become, said Sam Lyman of the Bitcoin Policy Institute. I asked Lyman to respond to the results because I thought they called into question the political effectiveness of the proposal we’d discussed months earlier. Lyman stipulated that he thinks the one-time payment nature of the question may have undermined the results, saying he prefers the dividends be paid out “in perpetuity.” But he acknowledged they also show “there’s still a lot of education to be done on data centers, what they do, and the impacts they have on the places where they’re built.”
“I think there’s a lot of Americans out there who have legitimate concerns that the future economy doesn’t include them. That’s something that needs to be addressed,” said Lyman, who said he laid part of the blame on what he called “irresponsible rhetoric” from AI industry executives about their technology’s impacts on society. “With data center dividends, the idea behind this policy is to help Americans understand the AI economy includes them. To give them a very material stake in that economy as it gets built out, especially in the rural communities that make data centers possible in the first place.”