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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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The movement against data centers is raising up a raison d'etre of the anti-renewables movement: protecting would-be farmland.
Farm owners and operators across the U.S. are winning national headlines almost every week for rejecting big dollar offers from data center developers. In Hanover County, Virginia, protestors are chanting “Grow Tomatoes, Not Data Centers.” In Pennsylvania and elsewhere, Republican legislators are mulling proposals to block the sale of so-called “prime farmland” for data center development. In Texas, the fight over data center development has engulfed the race for the state’s ag commissioner seat. In the Midwest, where agriculture reigns supreme, statewide races and congressional campaigns are slowly but surely being defined by the issue. Like in Nebraska where Austin Ahlman, an independent candidate running for Congress in Nebraska’s first district, told me he believes the data center backlash is reflective of a populist politics that broadly criticize elites and top-down control of the economy: “I think sometimes people misunderstand the anxieties of rural Americans when it comes to these data centers because a lot of their fears are about control long term.”
Unlike the farmland backlash around renewable energy development, the loudest critics are on the anti-monopolist left. On Wednesday, the prominent opposition group Food and Water Watch signaled farmland could soon be a watchword in the national data center debate – in a fashion analogous to what we’ve seen with renewable energy. The organization’s blog post entitled “The AI Data Center Boom Is Coming for Farmers” declared data centers verboten because of the threat they posed to “small and midsized family farmers.” Mitch Jones, deputy director of the campaign outfit, said he believes the threat to farmland is “a compelling reason to oppose data center development” but that his organization’s fight is primarily focused on protecting small business owners and an anti-monopoly sentiment.
“If data centers are coming into their areas, this puts even more pressure on them. It drives up the cost of their electricity, just as it does anyone else. It competes with them for water for crops, and it affects the value of their land in a perverse way,” Jones told me.
None of this should be surprising. An agricultural workforce has always been a good barometer for figuring out if a community will accept new infrastructure of any kind. We’ve seen as much time and time again with renewable energy, carbon capture, fossil energy and mining, just to name a few industries.
This same rule is true with data centers. In April, county commissioners in Kosciusko County, Indiana, unanimously rejected a Prologis data center; nearly 90% of acreage in Kosciusko County is being actively farmed, according to the Heatmap Pro database. Linn County, Iowa, in February enacted a rule severely restricting data center development in unincorporated areas; almost three-fourths of the land is used by the ag sector. A potential Amazon facility is causing heartburn in Clinton County, Ohio; nearly all land in the county is used for farming and utility-scale solar development has a recent history of conflict with landowners.
To be candid, I’m struck by the similarity in the backlash over siting data centers on farmland – a resemblance so close that some counties are starting to restrict renewable energy and data center development on farmland at the same time. This week, Eau Claire County, Wisconsin created a new “farmland preservation plan” discouraging utility-scale solar energy and data centers on any potential farmland. (More than 40% of land in this county is currently being used for farmland, according to Heatmap Pro.)
Jones at Food and Water Watch said his organization taking on the “protect farmland” mantle had nothing to do with the success this argument has had against renewable energy. “That thought never entered my head,” he told me, adding that if communities respond to the data center backlash by taking steps that short-circuit solar and wind too, that’s “a coincidence.”
I kept pressing. What if the pivot to farmland protection leads to more communities restricting renewable energy along with the data centers? “If you’re looking for a reason to oppose solar and wind, you can come up with that without having to attach data centers to it,” Jones said. “We’ve seen rural communities oppose solar and wind before data centers blew up across the country. It’s nothing new.”
And more of the week’s top news around project fights.
1. Virginia Beach, Virginia – The right-wing interest group lawsuit against Dominion Energy’s Coastal Virginia offshore wind is now dead, concluding one of the wackier tales of the Trump 2.0 energy era.
2. Box Elder County, Utah – Call it the Box Elder County massacre.
3. Davidson County, Tennessee – We have the latest updates in the Nashville Zoo data center drama and they’re a doozy and a half.
4. Clark County, Ohio – Yet another utility-scale solar farm is in the Ohio state permitting graveyard.
A conversation with Hanson Wood of RWE
This week’s conversation is with Hanson Wood, chief development officer for solar developer RWE. Wood’s perspective felt crucial at a moment when the data center boom is leading to so much deal volume – even after the repeal of the Inflation Reduction Act. So I reached out to his team to see if we could talk about how he’s evaluating all things Fight-related, including the impacts of the data center backlash on solar itself. The following conversation was lightly edited for clarity.
How is solar finding opportunities in the data center development space? I know there’s conversations about speed-to-power and some deal volume, but help us get a better sense of the level of capacity being sought versus fossil or other forms of energy.
Great question. To contextualize, I think it just makes sense to talk about energy demand overall. Solar is filling the base of where the majority of load growth and generation is coming from and going to be served.
Over the last decade, the cost of solar has gone down dramatically. It’s become a very modular technology being deployed in a variety of locations. It can be deployed very quickly at low cost. It can ramp to meet short-term demand needs. And within the space of just energy demand, across utilities and large industrial data center companies, the reality is no single technology is going to be able to serve overall demand. Everything from solar to onshore wind and geothermal and other forms of flexible generation are needed.
What this speaks to is how our grid is pretty finite. We have to be able to mix and match a variety of products to be able to meet an ever-growing reliability need. To make it simple, I think solar’s going to serve the largest base of growing demand because it's cheap and it's available. But it’s not going to be the only technology. We need to be able to serve this load growth reliably. And we know this is going to require a diversity of technologies.
From a social license perspective, does solar power for a data center make it more acceptable for a community? Less acceptable? More friendly?
One thing I want to be clear about: I don’t develop data centers. So I’m looking at it through the same view many people in the industry and the public see it.
I think there’s manifold reasons why people have concerns about data centers, overall. I can’t speak for all of them. But what solar does address is, we don’t want to see large price spikes in the short term and solar can really help in that regard. It can provide near-term generation immediately in a lot of instances at one of the lowest costs in the market.
Whether the broader public makes that connection, it’s probably too early to see. There’s probably a lot of anxiety that has to be addressed by that [data center] community.
When it comes to the state of solar development, have the feelings around data center infrastructure we’ve seen in various places impacted solar projects?
Solar is more often in what we consider rural areas where there’s more of a conservative viewpoint generally.
Where I think we stand in the solar industry is that in the 2010s we were looked at as a one-off, and now what we see as the challenge is that as solar scales, communities are looking at the scale and potential of what solar will be bringing. A lot of the conversations we have with [them] are, is this changing the local character? How is this impacting our way of life?
And the way we try to approach that is to highlight a lot of the public benefits. Renewables are generating significant jobs, locally as well as through funding local services. Farmers setting aside land for renewables are also funding their farms and way of life. I’ve heard testimonials from farmers who’ve said they wouldn’t be able to continue on without the revenue from solar or BESS projects.
The broader community is concerned solar is displacing rural farming, but what we hear from rural landowners is that these projects are allowing them to keep their farms.
Most people when they start looking at renewables, they don’t make that connection. They’re primed to ask, what’s the downside here? But it’s nothing in terms of physical land while the economic value it brings is long-term. It’s 30 years — at a time when the American public is seeing lots of headwinds.
I know at a broader level, you’re addressing the conflicts in solar energy. Do you think the solar industry offers any lessons for the folks now trying to get data centers built?
Anyone who is building large infrastructure projects can’t ignore early community engagement. One of the things people should be thinking about as they’re developing projects is these things are going to be here 20, 30 years, right? When we develop those projects we are trying to build relationships in a sustainable fashion.
We really take into consideration the concerns we hear. Again, people are primed to see the downside in any development, and without that early engagement – genuinely – you risk whether other people come along and hear the benefits or feel like their voice mattered in the process of development.