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Hotspots

The Vineyard Wind Lawsuit 2.0

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

The Vineyard Wind Lawsuit 2.0

1. Nantucket County, Massachusetts – Welcome to the Vineyard Wind lawsuit 2.0.

  • Fishermen represented by a conservative legal group – the Texas Public Policy Foundation – filed a petition to the Supreme Court this week asserting that the justices can now reconsider approvals for the Vineyard Wind offshore wind project because of the high court’s decision to overturn the Chevron doctrine, a now-defunct judicial precedent that courts defer to agencies on statutory interpretation.
  • It’s not entirely clear whether overturning Chevron will produce a different outcome than the Court’s decision to ignore the last petition from fisherman about Vineyard Wind’s permits. But the argument is definitely different, as the new petition argues a lower court wrongly deferred to agency interpretation of federal laws used to approve the project.
  • The Texas Public Policy Foundation did not respond to requests to discuss this case.

2. Carroll County, Maryland – Carroll County commissioners are intervening in the state permitting fight over two relatively small solar projects, in what has become a wider proxy battle between the county and the state over solar on farmland.

  • This week commissioners filed to intervene against two solar projects that will produce fewer than 5 megawatts of energy each. The county has formally sought to ban solar on farmland and opposes all such projects within its boundaries – but the state Public Service Commission has the final say on these projects.

3. Barren County, Kentucky – Somehow this large-scale 100-megawatt solar farm proposed by Geenex is having an easier time in Kentucky than in Maryland. Why?

  • One reason is that, according to an analysis by Heatmap Pro, our software platform that assesses community sentiments around renewable energy, Carroll County is much wealthier and denser than Barren County, both big signals for opposition. (Carroll County’s opposition score, our predictor of NIMBYism, is almost 30 points higher than Barren’s.) And, despite being in a red state, Barren residents are more supportive of renewable energy even in the abstract than blue-state Carroll.
  • Another reason, according to media reports, is because there are no real zoning requirements for the project. Opponents typical of the fights we cover here are raising complaints, but the project’s going to go in as long as it meets minimum local environment and safety standards.
  • “I can certainly sympathize with maybe some of the angst that’s there. Without having zoning in our county, we cannot dictate any use that takes place,” Myatt told local ABC affiliate WBKO. “So hopefully this spurs some discussion with regards to having countywide zoning because in truth, there is no way to stop any kind of development, or even have a say on it, without having county-wide zoning.”

4. Osage County, Oklahoma – A federal judge paused the removal of the Enel wind farm that was ordered last year to be removed over opposition from Native tribes.

  • U.S. Court of International Trade judge Jennifer Choe-Groves stayed implementation of the order pending an appeal of the decision. Choe-Groves was designated to oversee the case before the federal district court in northern Oklahoma.
  • You can read the ruling here, but here’s the important line: Choe-Groves ruled that if the stay was not granted, Enel “would be required to complete the costly and potentially irreversible process of deconstructing the wind farm before the appellate court has an opportunity to consider the case.”

5. Albany County, Wyoming – It seems the conservative anti-renewables advocates working against offshore wind are quietly involved in fighting Repsol’s Rail Tie wind project in Wyoming.

  • As I previously reported, eagle conservation advocates in Wyoming have asked the Trump administration to halt permitting for Rail Tie and other wind projects in the state.
  • In a blog post Monday, David Wojick of CFACT – one of the main groups we’ve reported is involved in efforts to lobby Trump to kill more wind projects – endorsed the cause of the activists fighting Repsol’s Rail Tie wind project.
  • Wojick also called for the federal government to expend more resources on tracking eagle deaths from wind farms and suggested the government should force wind projects to shut down if they kill a certain number of eagles.He said another member of CFACT, Maggie Immen, is involved in fighting the project. This shouldn’t be a surprise given her proclivity for eagle costumes

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Q&A

How to Build a Socially Responsible Data Center

Chatting with DER Task Force’s Duncan Campbell.

The Fight Q&A subject.
Heatmap Illustration/Getty Images

This week’s conversation is with Duncan Campbell of DER Task Force and it’s about a big question: What makes a socially responsible data center? Campbell’s expansive background and recent focus on this issue made me take note when he recently asked that question on X. Instead of popping up in his replies, I asked him to join me here in The Fight. So shall we get started?

Oh, as always, the following conversation was lightly edited for clarity.

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Hotspots

The Indiana City Saying ‘Tech Yeah!’ to Data Centers

Plus the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. LaPorte County, Indiana — If you’re wondering where data centers are still being embraced in the U.S., look no further than the northwest Indiana city of LaPorte.

  • LaPorte’s city council this week unanimously approved the expansion of a data center campus already under construction. Local elected officials were positively giddy at the public hearing on the vote, with city mayor Tim Doherty donning an orange t-shirt exclaiming a pro-AI pun: “TECH YEAH!”
  • Doherty explained his enthusiasm at the hearing in simple dollars and cents. State cuts to education had “put our local schools in an impossible position,” he said, asking: “Will the 15% in revenue sharing give our kids a superior education and the best chance at a future in this tech-driven world?”
  • That revenue sharing Doherty referenced was Microsoft’s deal in March with LaPorte’s school corporation, which stated 15% of the data center’s property tax revenue would go to the corporation for 20 years. So good was that deal some city councilors were vocally defiant against those who were opposed to the project expansion.
  • “Microsoft seems like they’re going to be a good partner for the city. They care. They’re presenting what I think is a good deal and trying to take care of people around them. So I’m all for it and if anybody wants to vote me out, hey, go for it,” councilor Roger Galloway told the hearing room.
  • The lesson? Give lots of money to education and you’re more likely to get a permit. Tale as old as the mining industry.

2. Cumberland County, New Jersey — A broader splashback against AI infrastructure is building in South Jersey.

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Spotlight

Data Centers Are Splintering the American Right

Mounting evidence shows that Republican voters are rapidly turning against artificial intelligence.

Tucker Carlson and a data center protest sign.
Heatmap Illustration/Getty Images, Library of Congress

The data center backlash is causing a crisis of faith amongst American conservatives over land use, energy abundance, and corporate regulation. The Republican Party — not to mention the politics of AI infrastructure — may never be the same.

In the last week, I’ve seen a surge of Republican politicians pushing to temporarily ban data centers in conservative states. In South Carolina, Representative Nancy Mace, a leading GOP gubernatorial primary candidate, called for a statewide moratorium on new data centers. In Texas, the sitting agriculture commissioner Sid Miller proposed the same for the Lone Star State. Ditto in North Dakota where the idea got backing from a GOP primary candidate for a Public Service Commission seat.

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