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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.
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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should take away from the situation in Pinal County, where historically speaking at least 5 solar projects have been withdrawn over the years after facing local opposition, according to Heatmap Pro data.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.

  • Unlike Pinal, St. Joseph is run by a county council that apparently split down partisan lines on whether to enact the moratorium. Republicans are supportive; Democrats are against using an arbitrarily timed mechanism. Democratic Council President Bryan Tanner told local public radio affiliate WVPE this week: “I don’t think that an arbitrary time clock is a replacement for good judgement and a sound alignment with the five components of rezoning and land use that the state of Indiana ascribes local government with.”
  • But this county is also just like Pinal. Before data centers occupied officials, they were struggling under the weight of a solar power backlash that’s still ongoing. Also, both Pinal and St. Joseph have roughly the same clean energy and data center opposition risk in the Heatmap Pro database.

3. Ingham County, Michigan – The first solar farm fight has been resolved under Michigan’s new renewables siting law.

  • Along with creating a streamlined permitting system, the state’s 2023 permitting law put forth a regime to resolve disputes between localities and renewables developers. On Thursday, Ranger Power’s 90-megawatt Acceleration Solar project was cleared for construction under a settlement agreement between the company and multiple townships who were opposed to the project.
  • Now, Ranger Power will have numerous noise and light regulations, as well as restrictions on tree clearing and visibility. The most interesting thing about the agreement to me is that Ranger Power will have to pay at least $2,000 per megawatt towards “host community benefit payments” that would go towards the towns’ sewer and drain maintenance as well as firefighting staff.
  • This is probably the first time in my history of writing The Fight that I’m able to say a law is actually resolving disputes between developers and localities, a mark of model legislation.
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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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Q&A

Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.

Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

The following conversation was lightly edited for clarity.

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

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