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Hotspots

GOP Lawmaker Asks FAA to Rescind Wind Farm Approval

And more on the week’s biggest fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Benton County, Washington – The Horse Heaven wind farm in Washington State could become the next Lava Ridge — if the Federal Aviation Administration wants to take up the cause.

  • On Monday, Dan Newhouse, Republican congressman of Washington, sent a letter to the FAA asking them to review previous approvals for Horse Heaven, claiming that the project’s development would significantly impede upon air traffic into the third largest airport in the state, which he said is located ten miles from the project site. To make this claim Newhouse relied entirely on the height of the turbines. He did not reference any specific study finding issues.
  • There’s a wee bit of irony here: Horse Heaven – a project proposed by Scout Clean Energy – first set up an agreement to avoid air navigation issues under the first Trump administration. Nevertheless, Newhouse asked the agency to revisit the determination. “There remains a great deal of concern about its impact on safe and reliable air operations,” he wrote. “I believe a rigorous re-examination of the prior determination of no hazard is essential to properly and accurately assess this project’s impact on the community.”
  • The “concern” Newhouse is referencing: a letter sent from residents in his district in eastern Washington whose fight against Horse Heaven I previously chronicled a full year ago for The Fight. In a letter to the FAA in September, which Newhouse endorsed, these residents wrote there were flaws under the first agreement for Horse Heaven that failed to take into account the full height of the turbines.
  • I was first to chronicle the risk of the FAA grounding wind project development at the beginning of the Trump administration. If this cause is taken up by the agency I do believe it will send chills down the spines of other project developers because, up until now, the agency has not been weaponized against the wind industry like the Interior Department or other vectors of the Transportation Department (the FAA is under their purview).
  • When asked for comment, FAA spokesman Steven Kulm told me: “We will respond to the Congressman directly.” Kulm did not respond to an additional request for comment on whether the agency agreed with the claims about Horse Heaven impacting air traffic.

2. Dukes County, Massachusetts – The Trump administration signaled this week it will rescind the approvals for the New England 1 offshore wind project.

  • Justice Department attorneys motioned Tuesday to remand previous approvals for the project in a federal case brought by anti-offshore wind activists, stating that the Bureau of Ocean Energy Management is “reassessing its consideration” of “factors” considered in its environmental review under the Outer Continental Shelf Lands Act. The DOJ also asked the court to stay the case.
  • At this juncture, it feels likely the court will approve the Trump administration’s request because of a previous ruling on the SouthCoast wind project granting permission for its permitting decisions to be remanded back to BOEM.

3. Washtenaw County, Michigan – Michigan attorney general Dana Nessel waded into the fight over an Oracle and OpenAI data center in a rural corner of the state, a major escalation against AI infrastructure development by a prominent Democratic official.

  • Last month, Nessel intervened with the Michigan Public Service Commission against a deal between DTE – the largest utility in the state – and the developer of a data center in Saline, a tiny town northwest of Detroit with lots of farmland (a classic tell that there’ll be problems for the project). Nessel told the PSC to consider the case “contested” and that the public versions of the contracts were so significantly redacted that even her office couldn’t tell if there were risks to ratepayers.
  • Now Nessel is doing a media tour against the facility, telling anyone who will listen that she is against the project and thinks it could be giving Michiganders a raw deal. This has put Nessel at odds with the state’s current governor Gretchen Whitmer, who backs the project and is urging a hasty approval.
  • I covered Nessel’s race for attorney general as a cub reporter nearly a decade ago, when she rode consternation against Trump into office during a midterm election, and she is considered to be a likely future gubernatorial candidate. For that reason alone I believe her outsized opposition to this project is a tell she is trying to ride the political wave against this industry – and we should expect other attorneys general to follow in Democrat-controlled states.

4. Nacogdoches County, Texas – I am eyeing the fight over a solar project in this county for potential chicanery over species and habitat protection.

  • At issue is Middlebrook, a utility-scale facility proposed by Solar Proponent, which is being developed near an incredibly popular fishing area, Lake Nacogdoches. Texas, unlike many states, does not afford its counties the right to completely ban solar projects via moratoria. This means any aggrieved residents will have to use unorthodox methods to stop a project like this.
  • This is probably why people fighting the project have keyed in on its proximity to the lake and the existence of federally endangered and threatened species elsewhere in the county to petition county officials to demand the Fish and Wildlife Service survey the project site before construction, as well as Texas Parks and Wildlife.
  • What happens if the county demands a Fish and Wildlife review? The Trump administration has ordered the agency to screen all survey requests for solar projects through the Interior Secretary, Doug Burgum, and other top political leaders at the agency. If this effort gains steam, it would give opponents a potential leg up to delay development.

5. Fulton County, Ohio – In brighter news for the solar industry, Ohio is blessing more of their projects.

  • The Ohio Power Siting Board greenlit a Repsol solar project – Ritter Station Solar - that’ll be located outside the town of Fayette. The project will have to comply with nearly 60 conditions for development but the project is able to proceed with its large size of more than 1,000 acres.
  • Per the OPBS, residents were divided in testimony at the agency’s public hearing on the project, and both the host community of Gorham Township and the Fulton County Commission both submitted statements opposing the project. Nevertheless, OPSB staff found no reason to object against issuance of the certificate – a permitting win for a project that seems to have needed one.
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Spotlight

Trump Taps Nashville Legend to Fight Solar and Wind Farms

And data centers might be collateral damage.

Farmland.
Simon Abranowicz | Getty Images | Unsplash

After derailing gigawatts of renewable power with a permitting freeze, the Trump administration is expanding its war on renewable energy, retaining one of country music’s biggest stars in a PR offensive against utility-scale projects on “prime farmland.”

The administration recently onboarded John Rich – one half of the stadium-packing American musical duo Big & Rich – to be Trump’s “special envoy for American landowners.” Rich entered activism around landowner rights last January when he backed opponents fighting a large Tennessee Valley Authority transmission project routed through his home county of Cheatham, Tennessee. This led to him joining the Trump team, where he’s fashioning himself as a go-to guy and cheerleader for anyone who wants Trump to help stop a solar or wind farm they don’t want built.

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Hotspots

Data Centers Are the Election Year Villain

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

Data Centers Are the Election Year Villain
Heatmap Illustration

1. Kansas City, Missouri – Data centers are so toxic that politicians are using them as boogeymen in totally unrelated policy discussions.

  • All week I’ve been thinking about Missouri, where a widely-screened TV campaign ad is airing screeds against AI hyperscale projects to sell a constitutional amendment initiative up for a vote in this year’s November elections. “That hum is the sound of Big Tech making money on online gambling, for porn,” says a nameless man in the ad. “Amendment 5 makes Big Tech pay so you don’t have to. Yes on Amendment 5.”
  • What does Amendment 5 do? Based on the ad, you would think it was focused on tax exemptions for data centers. But no – a yes vote supports cutting the state income tax, a proposal backed by Republican Gov. Mike Kehoe.
  • The ad is misinformation and a mind-blowing use of a confusing conversation around tech infrastructure most were unfamiliar with before this year. Per reporting by the Missouri Independent, the state’s existing tax exemptions for data centers would stay in place if the amendment was adopted.
  • My gut tells me this is only the beginning of the data center industry’s transformation into an election year villain.

2. Ingham County, Michigan – We have our first major anti-data center candidate in a Democratic congressional primary.

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Q&A

Why Data Center NDAs Are a Big Mistake

A conversation with Grant Gutierrez of Carbon Direct

Why Data Center NDAs Are a Big Mistake
Heatmap Illustration

This week’s conversation is with Grant Gutierrez, head of community impacts at carbon management company Carbon Direct. This week Carbon Direct published a white paper Gutierrez authored on opposition around data centers he’s studied. His research reinforces much of what Heatmap Pro has uncovered, but I was particularly intrigued by a topline finding – that transparency is the most common thread in the 46 data center fights he looked into. Was he seeing what I’ve been seeing? So I asked him to hop onto a Zoom call and let me know his thoughts.

The following conversation was lightly edited for clarity.

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