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Why power lines are harder to build than pipelines

How hard is it to build big clean-energy infrastructure in America? Look at SunZia.
When completed, the more-than-500-mile power line is meant to ferry electricity from a massive new wind farm in New Mexico to the booming power markets of Arizona and California. When finally built, SunZia will be the largest renewable project in the United States, if not the Western Hemisphere.
But as I detail in a recent investigation for Heatmap, it has taken too long — much too long — to build. Nearly two decades have elapsed since a project developer first asked the federal government for permission to build SunZia.
Since it was first proposed, SunZia has endured seemingly endless environmental studies and lawsuits. It has been bought, sold, and bargained over. The end result is that a project first conceived in 2006 — which was expected to operate in 2013 — is now due to open in 2026.
That is a massive problem, because confronting climate change will require the country to build dozens of new long-distance power lines like SunZia. If the United States wants to meet its Paris Agreement goal by 2050, then it will have to triple the size of its power grid in just 26 years, according to Princeton’s Net Zero America study. (That research was led by Jesse Jenkins, who co-hosts Heatmap’s “Shift Key” podcast with me.)
The country is not on track to meet that goal. My story on SunZia set out to determine why.
Here are three major takeaways from my investigation:
At a fundamental level, a power line and a natural gas pipeline aren’t so different: Both move a large amount of energy over a long distance.
Yet it is much easier to build a natural gas pipeline than a transmission line, and they face very different regulatory hurdles in America. When a company proposes a new transmission line, it must get permission from every state whose borders it plans to cross. This can result in an arduous, years-long process of application, study, and approval.
That same obstacle does not hinder gas developers. When a company proposes a new natural gas pipeline, it can get many of its permits handled by a single federal agency, the Federal Energy Regulatory Commission. FERC is a one-stop shop for gas pipeline developers, organizing and granting state-level permits through a streamlined process.
(To be sure, natural gas pipelines sometimes need permits from other federal agencies — such as the Bureau of Land Management — before they can begin construction. But transmission developers need to get permits from those other federal agencies, too.)
But not all of the obstacles are regulatory. Transmission and renewable projects simply look different than pipelines, which can make environmentalists and the public more skeptical of them. Even though pipelines can leak or spill, they can be buried or built closer to the ground than power lines, and therefore pose less of a visual disturbance to the landscape.
In recent years, much of the controversy around SunZia has focused on the San Pedro Valley, a gorgeous desert landscape northeast of Tucson, Arizona. SunZia must pass through the valley to connect to a power station near Phoenix.
Two Native American tribes — the Tohono O'odham Nation and the San Carlos Apache Tribe — sued to block SunZia last year. They argue that the valley has cultural value and must be preserved intact and undiminished.
But the valley is already home to a large natural gas pipeline, mostly — but not entirely — buried underground. (The pipeline is on pylons near Redington, Arizona, where it crosses the San Pedro River.)
In an interview, a leader at the Center for Biological Diversity, an environmentalist group that joined the tribes’ lawsuit, said that SunZia’s proposed power line is problematic in part because it will be so tall.
“There are no 200-foot large power lines going through the San Pedro Valley,” Robin Silver, the leader, told me. “The gas pipeline doesn’t have 200 foot towers.”
If environmentalists focus on a project’s visual prominence, then pipelines will virtually always win out over transmission lines.
A federal judge dismissed the tribes’ lawsuit last month. A representative of the Tohono O'odham Nation did not respond to multiple requests for comment.
In permitting debates, conservationists and clean energy developers can often become enemies. Traditional conservationists seek to slow down the permitting process as much as possible and move a project away from a treasured or sensitive area, while developers and climate hawks want to build clean energy infrastructure quickly and efficiently.
These fights often play out as costly lawsuits over the National Environmental Policy Act, a 1970 law that requires the government to study the environmental impact of every decision that it makes. Advocates and opponents wind up battling in court over whether or not a project’s environmental impact has been sufficiently studied.
That’s not what happened with SunZia. Some environmentalists and traditional conservation groups, such as the Audubon Society, now praise SunZia’s process.
It wasn’t always that way. During the early 2010s, SunZia’s proposal to cross the Rio Grande in New Mexico was just as controversial as its San Pedro Valley route. The project’s developer wanted to build power lines near a site where tens of thousands of migratory birds, including sandhill cranes, spend the winter.
That changed after the Defense Department forced a major rethink of the line in 2018. Soon after that, Pattern Energy, a San Francisco-based energy developer, took over the project.
Pattern took a different approach than its predecessor and partnered with environmental groups to learn how it could build the power line in the least intrusive way.
It conducted original research on how sandhill cranes fly, and — based on that research — moved the power line to the place where it would interfere with birds the least. It also purchased and donated an old farm property and the accompanying water rights so a wildlife refuge could rebuild habitat for the birds.
Pattern also agreed to illuminate the transmission line with an experimental infrared system to make it more visible to birds.
These changes, which also allowed Pattern to avoid a Defense Department site, were so extensive that it had to apply for a new federal permit.
“Pattern being a company that was willing to have discussions with us in good faith — and that conversation happening before the re-permitting process — was, I think, really important,” Jon Hayes, a wildlife biologist and the executive director of Audubon Southwest, told me.
This collaborative relationship was possible in part because it was facilitated by Senator Martin Heinrich, a Democrat who represents New Mexico.
Heinrich, a climate hawk and the son of a utility worker, had long championed the SunZia project. So when the project ran into obstacles, he pushed the developer, environmentalists, and the Pentagon to negotiate over a better solution. His office remained deeply involved in the process throughout the 2010s, ultimately helping to broker an agreement over the Rio Grande that all parties supported.
“I firmly believe that when we work together, we can build big things in this country,” Heinrich told me in a statement.
Silver, the Center for Biological Diversity leader, told me that Heinrich’s involvement is the principal reason why SunZia has been praised in New Mexico but criticized in Arizona.
The Grand Canyon State doesn’t have elected officials who were willing to get involved in SunZia and push for a mutually beneficial solution, he said. (For much of the 2010s, Republicans held both of the state’s Senate seats.)
But a project’s ultimate success cannot rest on the quality or curiosity of its senators. Martin Heinrich, as a climate solution, doesn’t scale, and not every clean energy project will have a federal chaperone.
What’s more, America’s existing permitting system — which is channeled through its adversarial legal system — practically discourages cooperation. It pushes developers and their opponents to pursue aggressive and expensive legal campaigns against each other. These campaigns burn huge amounts of time and millions of dollars in legal fees — money that could be spent on decarbonizing the economy.
In order to meet America’s climate goals, developers must build dozens of projects like SunZia, all around the country, in the years to come. That will not happen under today’s permitting system. The country needs something better.
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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.