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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

And more of the week’s top news around development fights.

The United States.
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1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

  • On Friday, the Mason County Fiscal Court formally approved rezoning roughly 30 properties in and around the small town of Maysville for an undisclosed Fortune 500 company that may transform it into a data center. Footage of the Fiscal Court hearing posted online by local media displays a sea of red t-shirts and “VOTE NO” signs in the room – hardly representative of development welcomed.
  • Apparently, this project will also involve takings and removing people living in the project area. A residents’ rights organization, We Are Mason County, are suing the county and its planning commission.
  • Mason County is represented in Congress by Rep. Thomas Massie, who recently lost his Republican primary to a Trump-backed challenger. As I’ve previously chronicled, it’s usually the case that federal lawmakers take up the causes and frustrations of project opponents who lose to developers locally. (See: Rep. Chip Roy, who also just lost a GOP primary.)
  • I am now going to be watching Massie, a critic of the data center sector, closely. That’s especially urgent as he vacations with another ousted GOP lawmaker-turned-AI cynic, Marjorie Taylor Greene. Maybe data center fights are their populist pathways back to relevance?

3. Montgomery County, Missouri – A Google data center project celebrated by the White House is facing harsh local backlash.

  • Last week Google announced a $15 billion investment in a data center campus outside the small town of New Florence (there’s fewer than a thousand people). This is the second major AI project in the area after Amazon proposed its own $35 billion data center project on a large adjacent plot of land.
  • Shortly after Google’s announcement, the Trump administration proudly touted the project and defended its environmental impacts. In a tweet, the White House’s rapid response press arm said the project would create “thousands of construction jobs & hundreds of permanent jobs.” The White House also quoted a local news report that claimed it won’t raise energy bills or impact the water supply because it’ll be made with “air cooling technology.”
  • I’m watching this town closely because Missouri is a keystone for cultural conservative political leadership on all sorts of issues, including energy and tech policy. Southeast of New Florence in Festus, half the town’s leadership was voted out for approving data center construction. Missouri Sen. Josh Hawley, a Republican, has responded to frustrations like these to become one of the fiercest critics of the data center boom in Congress.

4. Iron County, Utah – Yet another county is banning data centers and solar energy.

  • The county’s action this week to temporarily halt data centers and large solar projects was prompted by the backlash to a large data center the county previously approved. The so-called Pronghorn data center near Cedar City, Utah, is unaffected by the moratoria, per media reports.
  • I saw chatter this week that people believed this moratoria was prompted by the fight over Kevin O’Leary’s now-infamous megaproject. Interestingly enough, Iron County is on the total opposite side of Utah on the southwestern edge, compared to Box Elder in the far north. So even though this is still Utahns getting upset, it’s worth recognizing this is not a proximal spillover.

5. Oconto County, Wisconsin – At least one developer is definitely thanking their lucky stars for state primacy over renewable permitting in the Badger State.

  • Last week, the Wisconsin Public Service Commission approved a NextEra utility scale solar farm in this county, which has an incredibly high opposition risk rating in Heatmap Pro. Predictably the solar project’s host town of Morgan doesn’t want the solar farm and neither do its neighboring property owners.
  • I’ve seen no chatter on the opposition’s primary Facebook page about litigation or appealing the decision. But this is the space I’ll be watching.
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Hotspots

People Who Hate Renewables Hate Data Centers, Too

And more thoughts on the week’s most notable fights around project development.

The United States.
Heatmap Illustration/Getty Images

1. Pinal County, Arizona – If you can’t build a solar or a wind farm somewhere, it’s really hard to get a data center built there too.

  • That’s the lesson readers should take away from the situation in Pinal County, where historically speaking at least 5 solar projects have been withdrawn over the years after facing local opposition, according to Heatmap Pro data. You should expect some data centers to potentially wind up in the same graveyard.
  • On Wednesday, the Pinal County Board of Supervisors rejected the La Osa Energy Center, a large proposed data center and gas-fired power complex. The board in this deep red rural desert community is rock-ribbed Republican. Only one supervisor on the board dissented, citing private property rights concerns.
  • The county currently has a restrictive ordinance against data center development unless they are in industrial areas, but has not yet approved a project since the ordinance was crafted, making this now a de facto no-go zone for developers. This went against the requests of the county zoning board, which recommended making the project site as industrial. If that pattern sounds familiar to you, that’s because you recognize it from the many cases we’ve seen in solar and wind development where political officials similarly override zoning staff.

2. St. Joseph County, Indiana – Thousands of miles away from Arizona, a similar division is dominating the fight over whether to enact a 2-year moratorium on data centers in the county home of South Bend.

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Q&A

What Nevada’s Democratic Candidate for Governor Would Do About Data Centers

A conversation with Nevada attorney general Aaron Ford

Aaron Ford.
Heatmap Illustration

This week’s conversation is with Nevada attorney general Aaron Ford, the Democratic candidate for governor in the state. His campaign reached out recently asking if I wanted to chat about what he’d want to do on data center and energy policy, which is essentially catnip for a reporter like me. So we hopped on the phone and chatted about his approach to regulation as he seeks to oust the sitting GOP governor Joe Lombardo.

The following conversation was lightly edited and abridged for clarity.

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Spotlight

The Top Five States to Watch for Clean Energy Policy

What’s the matter with Wisconsin?

The Texas statehouse and clean energy.
Heatmap Illustration/Getty Images

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 pored 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 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).

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