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This is the first story in a Heatmap series on the “green freeze” under Trump.
The renewables industry was struggling even before Donald Trump made his return to the White House. High interest rates, snarled supply chains, and inflation had already dealt staggering blows to offshore wind; California turned hostile to the residential solar market; and even as deployment of utility-scale solar accelerated, profits haven’t necessarily followed. (Those were still reserved for the fossil fuel industry.)
Then Trump came into office, issuing a barrage of executive orders that, at best, didn’t help, and at worst threatened to choke off the industry’s remaining avenues for growth. Now, Republican legislators are eyeing the Inflation Reduction Act for red meat to feed their tax cut machine; Elon Musk — himself the richest green tech entrepreneur of all time — is captaining an effort to slash the size of the federal government, particularly environmental programs; and the federal regulatory apparatus has essentially ground to a halt.
The early days of the Trump presidency have turned a clean energy slump into a kind of green freeze, with projects being cancelled and clean energy investors in many cases fixating on hypothetical policy changes, as opposed to the ins and outs of any given quarter. This creates a kind of trap for green energy companies, which are being punished in the immediate term for bad results while investors sit on the sidelines until the final resolution of the IRA comes into focus.
Speaking about the solar industry specifically, Morningstar analyst Brett Castelli told me that near term viability is not going to be about the specifics of any given company’s financial performance. “It’s going to be about how much the IRA is potentially changed.”
That’s likely the case across the green energy sectors. The iShares Global Clean Energy ETF, which tracks a number of renewables companies, is down 14% since November 5, and down 20% in the past year. “All businesses like certainty,” Castelli said. “The renewables market right now is facing a high degree of uncertainty in regards to what changes are coming to the IRA.”
But not every company has been affected equally. Those that were already flagging have been quick to blame the political environment, while others have gamely tried to explain to investors and the public how their lines of business align with the Trump administration’s priorities.
Executives at the residential solar company Sunnova — whose stock has fallen to below a dollar a share since it issued a “going concern” notice, essentially notifying investors that its existence as a company was under threat — mentioned “policy” or “political” or “politicians” six times in its earnings call last week. Chief Executive John Berger told an analyst that the reason for the going concern notice was that “the overall environment is terrible. I mean, it’s the political environment, the capital markets,” and that the company “struggled to close some things after the election.”
Berger stepped down Monday, and Sunnova’s former chief operating officer Paul Mathews immediately took over. Mathews “will focus on disciplined growth, stronger cash generation, cost efficiency, and enhancing the customer experience,” the company said.
Other companies have told investors and the public that they’re scrapping expansion plans, in many cases due to a policy change or a market change running downhill from policy.
“Manufacturing is probably where we see the biggest concern,” Maheep Mandloi, a stock analyst at Mizuho Securities, told me. “A lot of solar and battery projects are getting pushed out.”
Among them, battery manufacturer KORE Power, said in February that it was canceling a $1 billion battery project in Arizona. The Arizona facility was going to be supported with federal financing, specifically a loan from the Energy Department’s Loan Program Office for up to $850 million, but the conditional commitment never turned into cash in hand before the end of the Biden administration. Its new chief executive, Jay Bellows, told Canary Media that the company wanted to retrofit an existing facility into a battery plant instead.
Aspen Aerogels, which makes thermal barriers for batteries in electric vehicles, told investors in February that it wouldn’t move forward with a planned new plant in Statesboro, Georgia, and would instead “maximize capacity” at its Rhode Island plant. The company’s chief financial officer noted that it had already “decided to right-time” its Statesboro project in early 2023, “pre-empting a reset in EV demand expectations.”
And just last week, Ascend Elements, a battery materials company, said it was scrapping plans to manufacture cathode active material at its Hopkinsville, Kentucky plant, the Times Leader reported Thursday. Ascend said that it had agreed with the Department of Energy to cancel a $164 million grant that would support cathode active material (a key battery component) manufacturing, although a separate, $316 million grant for cathode precursor technology “remains active.”
But optimism still abounds — and it has nothing to do with any hopes about the fate of grants and tax credits under the IRA. Regardless of the law’s fate, the exuberance over artificial intelligence may prove to be an even greater subsidy.
In contrast to Sunnova, Sunrun — another residential solar company whose stock price has flagged since the election, but whose ability to stay in business has not been questioned — put a much more neutral spin on the political environment. Chief Executive Mary Powell told investors during the company’s earnings call in late February, “The fundamental long-term demand drivers for our business are incredibly strong and unrelated to any political party affiliation. Americans want greater energy independence and control of their lives and their pocketbooks. The country also needs more power from all sources to fuel rapid growth in electrification and data centers, and our growing fleet of energy resources will be part of the solution.”
Where once executives focused their rah-rah optimism on the declining costs of renewables, today they’re talking up their products’ quick path to deployment. The speed with which renewables can be built and switched on — especially solar and storage — compares favorably to the four-to-five year development timelines for new gas-fired plants. NextEra chief executive John Ketchum told analysts in a January earnings call “you can build a wind project in 12 months, a storage facility in 15, and a solar project in 18 months.”
That’s either the light at the end of the tunnel or the pot of gold at the end of the rainbow, depending on your level of fatalism or skepticism.
This oncoming demand could reignite the renewables industry even if it potentially loses access to generous IRA subsidies, Ben Hubbard, the chief executive of the infrastructure advisory firm Nexus Holdings, told me.
“The hyperscale datacenter demand is pretty massive, and when you have to really start massively upgrading your transmission and distribution infrastructure, those rates get passed on, unfortunately, to the average ratepayer like me and you and everybody else.” With higher rates, renewables could become profitable and investable on their own, without IRA subsidies, Hubbard said.
NextEra, a major renewables developer that also operates a natural gas fleet, has been one of the main promoters of the “speed to power” narrative. In its January earnings call, Ketchum told analysts, “We’re expecting load demand to increase over 80% over the next five years, six-fold over the next 20 years. And if you think about generation types and needing all of the above, they’re not all created equally in terms of timing.”
Although the Trump administration is seeking to unleash fossil fuel development, power plants don’t build themselves. They need, at the very least, turbines, and those gas turbines are not easy to get your hands on. As Heatmap has reported, manufacturer GE Vernova has only modest plans to increase capacity, and is already getting reservations for turbine slots in 2027 and 2028.
“With gas-fired generation, the country is starting from a standing start,” NextEra CEO Ketchum said on the earnings call. “We need shovels in the ground today because our customers need the power right now.”
Developers and investors hope this means that data center developers and utilities will become both voracious and omnivorous in their power demand.
“I think what you’re going to see is the big tech companies, especially, are going to just have to eat the cost if they want to win the AI race,” Hubbard told me. “They’re going to take natural gas fuel, and they’re going to take biomass power, and they’re going to take solar. They’re going to take it all, because it’s almost insignificant relative to getting ahead of AI demand.”
Most of the industry, however, is gamely working through an environment where their day-to-day business may be fine, but their investors are still in wait-and-see mode.
“The common feedback we hear from a lot of investors is, ‘I’ll just probably come back once the dust settles and I know exactly what things are going to change,” Mandloi told me.
That’s even as executives point to a glorious future of AI-driven electricity demand. But investors may be waiting to count their chips from the IRA before they’re willing to take a flyer on powering data centers that are yet to be built.
And there’s nothing certain about the AI boom, either. More computationally efficient Chinese models have thrown that energy narrative into doubt, driving down the share price of Nvidia, which makes the chips that consume all that data center power (along with the share prices of power companies with large natural gas fleets). That stock is down by almost 20% so far this year. If the chip designer’s AI profits are less than previously thought, the electron providers may have to settle for less, as well. Renewables companies are hoping the data center boom will be a case of “if you build it, they will come,” but investors aren’t yet quite willing to buy it.
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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.