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It’s not just renewables anymore.

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.”
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The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.
Over the last week, I’ve poured over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest in generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).
In four out of the five states I found remarkable harbingers of troubles and tension in the foreground, as the nation careens toward a midterm election fast being defined by rising electricity bills and the AI infrastructure many Americans believe to be to blame.
In Texas an influential conservative think tank, the Texas Public Policy Foundation, is urging the state utilities commission to pause transmission permitting so legislators can help “the market to direct less revenue to wind, solar, and storage.” In Arizona, Democrats and Republicans are clashing over a four mile “nuisance” setback for solar and wind projects which industry backers have claimed would be a de facto ban on new projects. In Wisconsin, GOP gubernatorial hopeful Tom Tiffany is campaigning with renewables dissidents while railing against data centers too on a platform of empowering local control over infrastructure siting.
My only exception is California where, for a multitude of reasons, our Heatmap Pro data actually finds renewable energy conflicts and cancellations are actually down from their all-time average.
So here’s my breakdown of the top five states to watch for the future of policy governing renewable energy development. I hope this list is helpful. On, and for the sake of saving you time, I’m not going to delve deep into wind energy policy specifically, because there’s no reason to – you and I both know that industry’s fate is being decided by Donald Trump alone.
On Wednesday, after briefing Fight subscribers about this list in advance, I didn’t think I’d be breaking huge news. Then I spotted a grassroots anti-transmission organizer in the Lone Star State exclaiming on Facebook about a letter submitted that day to a Texas Public Utilities Commission docket from the Texas Public Policy Foundation, one of the most influential conservative think tanks in the United States.
The TPPF letter, which has not yet been reported, called for a statewide pause on transmission permitting pending new legislation that would deprioritize solar, wind, and battery storage on the state grid. It endorsed a motion to abate proceedings for approving new 765-kV high voltage power lines, a buildout in progress responding to various constraints on the grid as well as data center growth. And there were consignatories, including a litany of oil company executives as well as ranchers. “The need for so many long-distance lines is fundamentally driven by the failure of the wholesale market to properly incentivize the development of dispatchable generation close to load,” wrote Greg Sinclar, the think tank’s CEO. “The PUC and ERCOT need to implement a complete solution instead of partial fixes. Fundamentally, Texas needs the market to direct less revenue to wind, solar, and storage and more to reliable generation to properly account for the differences in reliability, variability, and duration of those different resources.”
Towards the end of the message, the think tank recommended what I now consider to be one of the most important pieces of state-level legislation considered anywhere in the country and which nearly became law last year. I wrote about the bill last year, as it would require energy generation projects to produce electricity whenever called upon or else they’d pay a fine, a concept opponents effusively say would target solar and wind projects lacking the energy storage to be on call for grid operators 24/7. (Nevermind the fact that solar plus storage has been the hero of the Texas grid this summer.)
“We think that the market will respond to those changes by building the amount and types of reliable generation needed in Texas and eliminate the need for more transmission and out-of-market subsidies,” Sinclair concluded.
The conservatives’ request was subsequently endorsed by Texas attorney general Ken Paxton, but wasn’t heeded. The Public Services Commission on Friday approved two large 765-kV lines out to West Texas, and it’s unclear whether the commission will heed future requests to pause green lines for these power lines given ongoing reliability concerns. But suddenly, Texas Gov. Greg Abbott’s support for a permitting pause looks a little different, especially since Texas attorney general and GOP senate candidate Ken Paxton filed comments supporting the abatement request earlier in the day.
“The Commission should pause to allow the Legislature time to evaluate the benefits and risks of these massive transmission lines. While the potential benefit of such lines may be significant, so is the risk of damage to privately owned lands and natural resources and the Legislature has not yet had the ability to balance those interests,” Paxton wrote in a legal brief to the commission, per the Texas Tribune.
For months now, myself and others at Heatmap have warned that the data center backlash could provide room for an anti-renewables Trojan Horse, as demand constraints and energy price politics change the calculus around the generation mix for elected officials and candidates for public office. Suddenly there’s a flashy new reason to argue for “firm” generation like gas and coal that can run all the time, especially in a state like Texas already dealing with blackout risk. And now it’s more evident than ever how at least one influential corner of conservative orthodoxy wants to respond: halting new electricity infrastructure so investors downgrade the value of building renewables.
When reached for comment, TPPF confirmed its desire to see this legislation passed before any major transmission buildout in the Lone Star State. “Texas ratepayers shouldn't be forced to subsidize billions in transmission infrastructure built primarily to move intermittent wind and solar generation that can't reliably deliver when Texans need it most,” read a statement provided by the think tank’s vice president of communications Eric Oldfather, which posited that “much of the pressure for these lines is coming from companies trying to meet their ESG goals, not by what Texas actually needs for a reliable grid.”
“The Legislature needs to weigh in before the PUC locks in costs that families and businesses will be paying for decades,” the statement concluded.
When Trump was first elected, the “Abundance” movement said California needed to be more like Texas when it came to permitting renewables. I’m not so sure that’s true anymore.
New renewable energy fights have consistently declined since early 2025, according to Heatmap Pro data, from a high of 18 fresh fights in the first quarter of that year to eight in the last three months. Every quarter, the number of new conflicts has gone down.

This could be for any number of reasons, like enactment of a siting law giving developers alternatives to local regulators more likely to represent the state’s historical NIMBYist tendencies. But it’s also possible that the state benefits from lacking the data center boom and backlash snaring other areas of the country. While California currently has one of the largest sets of operating data center facilities, it’s far from the primary destination for the new builds we’re seeing for artificial intelligence. There’s a teeny backlash happening, but it's been comparatively tiny.
Unlike New York State, there isn’t even a legislative push gaining steam for a statewide moratorium yet. That could be because rumored 2028 presidential contender Gov. Gavin Newsom last year vetoed a bill mandating new water use disclosures, suggesting he may not have purchase for that sort of law. But this also demonstrates regulating data centers is not as important a priority to him as, let’s say, strengthening the grid from fire risk and lowering gas prices.
In other words, California has more favorable waters than anyone could’ve expected last year.
Some lawmakers in the sunniest state really want solar energy to be far, far away from people.
This year the Arizona state house passed a bill that would label utility-scale renewable energy projects a "nuisance" and compel them to be located at least four miles away from residential homes. Per the legislative text, project operators would suddenly be subject to a misdemeanor, unless they got certificates from the Arizona Corporation Commission and its committee on power plant and transmission siting. And it would require the state attorney general to immediately bring legal action to “abate, enjoin, and prevent” projects from being built or operating out of compliance with the new restriction. Pro-renewables organization Advanced Energy United called the proposal a “practical siting ban plus an automatic litigation trigger.” (At least the bill authors exempted rooftop solar from being a nuisance, because how would that work?)
It’s unlikely that in an election year favorable for Democrats this bill stands any chance of becoming law. Yet it’s important to recognize Arizona is now for the second time in two years home to a bitter divide over indefinitely halting at least some forms of renewable energy, after legislators last year rejected a flat out wind project ban. Should there be a Red Wave election cycle, we can only surmise the potential for choppy waters and relative instability in this otherwise blossoming state for solar development.
Renewable energy developers better hope the future of Republican public utility regulators doesn’t look like Jim Zeigler.
In June, Zeigler won the GOP primary for a Public Service Commissioner against an incumbent, Chris Beeker. At the time, the former state auditor campaigned primarily on fighting the growth of data centers and solar farms in the state, lumping them together in the same breath. “They can ruin your community, consume water, and drive your electric bills up,” Zeigler said of both industries in an ad featured on the homepage of his campaign website. Zeigler is responding to local concerns like those in Stockton, a town south of the city Montgomery where residents are opposing a large Silicon Ranch project. People in the area routinely link the solar farm to a Meta data center campus being built north of them, in the city.
When Zeigler won the nomination, I predicted his candidacy, if successful, could set a blueprint for other Republicans elsewhere in the United States hoping to harness an industrial techlash against the development of renewable energy projects. In another era, I’d think a man who defended Roy Moore would have more trouble in Alabama. But it’s entirely plausible Zeigler’s previous work on the commission decades ago, combined with an enthusiastic base of support in the state’s Republican base, will catapult his remarkable candidacy to the PSC.
Nothing has irritated me more lately than the online discourse over the Wisconsin gubernatorial campaign and data center development.
Right after winning the Democratic primary for governor, former Milwaukee County executive David Crowley told NBC News he opposed a moratorium on new data center projects because some communities might still want them. Then his GOP opponent Tom Tiffany went on a posting spree littered with deceptively cut clips and trotted out a Trumpian nickname for his opponent: Data Center David. Since then, for weeks, I’ve watched my X feed routinely return to this spat to debate whether Democrats let Republicans win on this issue as a whole, not only in Wisconsin but nationally.
Except… Tiffany doesn’t support a moratorium either. Where the two candidates differ most is that Crowley would require new data centers to not only bring their own energy but prioritize using 100% clean carbon-free energy. Tiffany, meanwhile, has been trotting around the Badger State campaigning in rural communities fighting renewable energy projects and also data centers, criticizing Crowley’s “BYONCE” approach. “David Crowley has called for 100% wind, solar, and battery storage to power data centers. That means not only paving over land for the data centers themselves, but destroying tens of thousands of additional acres of Wisconsin land for solar panels, wind turbines, battery facilities, and transmission infrastructure,” states Tiffany’s website.
Like Zeigler, a Tiffany victory would have ripple effects for renewable energy politics across the country. Both candidates combine this angst over data centers with an overlapping Venn Diagram of potential policy pain for solar, wind, battery storage, and transmission.
In Wisconsin, the most likely practical impact of a Tiffany victory would be changes to state siting. Wisconsin is like California in that state regulators can have a final say over utility-scale solar and wind permitting, instead of localities. And like in Michigan, I expect any new governing GOP majority in the state legislature to ready, aim, fire at that permitting structure, opting instead for emboldening local control over energy development.
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.