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“This is Sky Valley Fire. Evacuation alert for Bolt Creek Fire. GO! No time for delay. Load up your family and pets and LEAVE NOW.”
Imagine getting an alert like this on your phone. Your heart immediately starts pounding; your hands shake. Is it real? Could this actually be happening? All the while, as your head spins, you’re losing precious minutes of time.
Luckily for many of the people who received this actual message last year in the Seattle suburbs, the “go now” alert was a mistake. But if you live in an area with anything greater than a “low” risk of wildfire, you should have a plan in place for what to do if that alert does come. It’s far better to “overreact” and leave immediately than to risk your life — and the lives of first responders.
The good news is, wildfire evacuation plans can begin long before your phone ever buzzes with that dreaded alert. Preparing for fire season ahead of time takes, cumulatively, as little as 90 minutes — but when a fire is encroaching, the math becomes far more urgent.
Importantly: Do not wait for an evacuation notice if you feel like a fire is approaching or like you could be in danger. Trust your gut and leave immediately. Though agencies do their best to protect people with advanced notices, fire is fast and unpredictable. In fact, many survivors of the deadly fire in Lahaina, Hawaii, say they did not receive evacuation orders before the flames had closed in on them.
Here’s what to do if there’s a fire in your area:
If you are experiencing smoke from a wildfire at your home, you should be paying attention to its development — the hazards of wildfires, after all, start with the smoke. If the fire is within 20 miles of you, you should definitely start paying attention; and if it is within 10 miles of you, it’s a threat. This threat increases if you are downwind or uphill.
Do not underestimate how fast a fire can move: 6 miles per hour in forests and up to 14 miles per hour in grasslands, depending on conditions. Embers, which can ignite homes, can also travel several miles, and wind direction can also quickly shift. If a nearby wildfire is approaching the 10-mile range of your home but you haven’t received a voluntary evacuation notice or don’t feel directly endangered yet, still review this evacuation checklist from the U.S. Forest Service. If you do receive a pre-evacuation alert or notice of some kind or want to take further steps to prepare, also:
Make sure you are signed up for emergency alerts or have another way of receiving updates, such as an agency website or Twitter account or a radio tuned into the correct station. Turn the sound on and up on your phone so you’ll hear the alarm or it will wake you up if you’re asleep.
Keep your car charged or filled to half a tank of gas or more. Scope out potential evacuation routes ahead of time, planning alternative routes in case roads are blocked or closed. Authorities say you should memorize at least two ways out of your neighborhood and avoid sketchy shortcuts that might be dangerous or blocked. Otherwise, take the quickest route to the main road, highway, or freeway out of the area.
Make a plan of where you’ll go if you need to leave your home for an extended period of time. A family or friend’s house? A hotel? A community emergency shelter? Open Red Cross shelters can be found here.
Open your garage door so you’re easily able to leave if you lose power.
Round up pets and secure them so they’re easy to put into carriers and transport to the car if you need to evacuate, and so you don’t waste precious time trying to chase them down when they’re scared. As the U.S. Forest Service notes, “this is especially important with cats.”
Prepare livestock and horses, if applicable, by reviewing this checklist.
Load up your car so you are prepared to leave on short notice. Remember to pack your go-bag (here is a version of the list in Spanish); suitcases of clothes and medicine (enough for at least a few days); pet supplies like collars, food, and water bowls; important files and back-up disks; insurance and bank papers; special or sentimental items; valuable jewelry or heirlooms (or store them in a fireproof safe); photo albums; and household items like keys and purses.
Too much to remember? Washington State suggests running through the Five P’s of evacuation: People, Prescriptions, Papers, Personal Needs, and Priceless Items.
Strongly consider leaving immediately. Roads can get congested after a mandatory evacuation order is issued, potentially creating dangerous situations where you’re trapped in your car near the fire. It will also get more difficult to see as the fire gets closer and the smoke gets thicker (always evacuate with your headlights turned on). Evacuating early also gives you time to calmly prepare a plan and collect essential items. If you’re on the fence, keep in mind it’s always better to leave too early than too late.
If you have time to prepare your house ahead of your evacuation, here is a checklist from the Western Fire Chiefs Association that you can use to get ready. Keep in mind that “the accepted sequence for safe evacuation is people first, then pets, livestock, and finally property,” Idaho Firewise writes. Major steps include:
Close all windows and interior doors to prevent the spread of fire indoors if the flames reach your home, and remove any curtains from windows. Close shutters and blinds. Leave your exterior doors unlocked so firefighters can get inside if need be.
Turn on all the main lights in your house as well as outdoor lights. This will allow firefighters to be able to see and navigate around your home in smoky conditions.
Push flammable furniture away from walls and windows and to the center of the room.
Shut off gas and turn off pilot lights. Don’t forget about pilot lights in gas fireplaces.
Attach hoses to outdoor water sources — firefighters will potentially use these to defend your home. The Western Fire Chiefs Association also recommends turning the nozzle to “spray” and propping a non-flammable ladder against your house to provide roof access. Fill buckets or garbage cans with water and leave them around your property if you’re able. However, you should not leave any water running, KQED notes, since that decreases the flow available to firefighters.
Prepare yourself for evacuation. California’s ReadyForWildfire.org recommends wearing “long pants, [a] long sleeve shirt, heavy shoes/boots, [a] cap, [a] dry bandanna for face cover [or a leftover COVID mask], goggles, or glasses,” and notes that “100% cotton is preferable.”
Finally, check on, text, or call neighbors and make sure they’re aware of the fire and also prepared to leave. Let them know you are choosing to evacuate. Also email, text, or call family who live outside the area and might be worried about you to let them know of your plans.
There is only one thing to do: Leave as fast as you can.
If you get an evacuation notice (or hear the high-low siren that also signals an evacuation order in California), do not waste time checking to see if the alert is real, gathering up items around your house, or making efforts to prepare your home. Your only focus at this point should be on getting to safety as quickly as you can.
Grab your go-bag and pets and get in your car; drive with the headlights on and follow the directions of any fire or emergency officials. If you need to evacuate on foot, quickly change into long pants, a long shirt, a cap, and heavy boots, and take essential items in a backpack or easily carried duffel bag. Know what to do if you get trapped near a wildfire. Be careful of downed powerlines or other hazards. And stay out of the area until officials say it is safe to return.
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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.