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Hotspots

Battery Fights Burst into Full View

And more of the week’s most important conflicts around renewable energy.

Map of renewable energy fights.
Heatmap Illustration

1. Westchester County, N.Y. – Residents in Yonkers are pressuring city officials to renew a moratorium on battery storage before it expires in July.

  • Battery fire fears predictably are the primary issue, per a local news report this week, which stated at least one project proposed by Saw Mill River Energy Storage is on hold pending the resolution of a study commissioned by local officials.

2. Atlantic County, New Jersey – Sorry Atlantic Shores, but you’re not getting your EPA permit back.

  • In a decision Tuesday, the EPA’s Environmental Appeals Board decided not to reconsider a decision by the agency to revoke an air permit for the Atlantic Shores offshore wind project.
  • Crucially, the opinion indicates that the EPA may now have a green light from the appeals board to revoke other permits held by offshore wind projects under President Donald Trump’s anti-wind executive order: “The [EPA’s] expressed intent to reevaluate the Project and its environmental impacts as part of a review called for under the Presidential Memorandum is reasonable, and granting a remand under these circumstances is within the Board’s discretion.”

3. St Clair County, Michigan – We may soon have what appears to be the first-ever county health regulations targeting renewable energy.

  • You may remember we warned you about this – the health department lead in St. Clair County, Remington Nevin, has led efforts to craft regulations on solar, wind, and battery facilities. We predicted at the time it could be a gambit to get around Michigan’s new permitting law that was intended to override local restrictions on renewables.
  • Well, we now have the draft rules, and they would impose noise and visual impact requirements (which the regulation called “visual pollution mitigation”). The county health department would also be required to sign off on any approval of a renewable energy project.
  • County officials held a public comment hearing Wednesday – now we wait for a final decision on this move.

4. Freeborn County, Minnesota – Officials in this county have rejected a Midwater Energy Storage battery storage project citing concerns about fires.

  • Apparently, the project would also be sited near a state-designated protected river. As we’ve previously explained, concerns about environmental and wildlife impacts are the most likely tripwire for communities to become hostile to developers.

5. Little River County, Arkansas – A petition circulating in this county would put the tax abatement for a NextEra solar project up for a vote county-wide.

6. Van Zandt County, Texas – Officials in this county have reportedly succeeded in getting a court to impose a restraining order against Taaleri Energy to halt the Amador battery storage project.

  • The order will last for 14 days and is intended to give the company time to prove the project complies with national fire codes.

7. Gillespie County, Texas – Peregrine Energy’s battery storage proposal in the rural town of Harper is also facing a mounting local outcry.

  • Residents are most concerned about the proximity to a nearby school and have adopted the slogan, “Don’t BESS With Texas.” (Not sure how I feel about how catchy that is.)

8. Churchill County, Nevada – Battery storage might be good for Nevada mining, but we have what appears to be our first sign of revolt against the technology in the state.

  • People living in and near the tiny desert town of Fallon are resisting a Redwood Materials’ storage facility that was already approved by the county planning commission.
  • Per local news reports, concerned locals are calling for additional permitting requirements on the project, but county officials are siding right now with Redwood. The next hearing on the project is tomorrow.
9. San Luis Obispo County, California – Vistra, the company overseeing the now-defunct Moss Landing battery project, has withdrawn its application with the town of Morro Bay to build a new battery storage project.

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Spotlight

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

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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.
Heatmap Illustration/Getty Images

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.

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Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

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