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Hotspots

Will Maine Veto the First State-Wide Data Center Ban?

Plus more of the week’s biggest development fights.

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The United States.
Heatmap Illustration/Getty Images

1. Franklin County, Maine – The fate of the first statewide data center ban hinges on whether a governor running for a Democratic Senate nomination is willing to veto over a single town’s project.

  • On Wednesday, the Maine legislature passed a total ban on new data center projects through the end of 2027, making it the first legislative body to send such a bill to a governor’s desk. Governor Janet Mills, who is running for Democrats’ nomination to the Senate, opposed the bill prior to the vote on the grounds that it would halt a single data center project in a small town. Between $10 million and $12 million has already been sunk into renovating the site of a former paper mill in Jay, population 4,600, into a future data center. Mills implored lawmakers to put an exemption into the bill for that site specifically, stating it would otherwise cost too many jobs.
  • It’s unclear whether Mills will sign or veto the bill. Her office has not said whether she would sign the bill without the Jay exemption and did not reply to a request for comment. Neither did the campaign for Graham Platner, an Iraq War veteran and political novice running competitively against Mills for the Senate nomination. Platner has said little about data centers so far on the campaign trail.
  • It’s safe to say that the course of Democratic policy may shift if Mills – seen as the more moderate candidate of the two running for this nomination – signs the first state-wide data center ban. Should she do so and embrace that tack, it will send a signal to other Democratic politicians and likely accelerate a further shift into supporting wide-scale moratoria.

2. Jerome County, Idaho – The county home to the now-defunct Lava Ridge wind farm just restricted solar energy, too.

  • Jerome County Commissioners this week adopted an ordinance banning solar on agricultural lands in addition to wind. The ordinance also bans large- and medium-scale battery storage from farmland too. These projects will only be allowed in areas designated for heavy industrial uses.
  • I learned about this in an impromptu email from Dan Sakura, a consultant and descendant of detainees at Camp Minidoka, the WWII Japanese internment camp that is now a historic site. Sakura was the tip of the spear representing descendants who fought against Lava Ridge over sightline impacts. “Lava Ridge poisoned the well for renewable energy in southern Idaho,” he wrote.
  • I’m not so sure Lava Ridge is solely to blame here, though. Heatmap Pro modeling clearly shows most people in this county are primed to hate anything labeled “clean energy.” On top of that, the sheer magnitude of protected lands in this area made it exceedingly likely that someone would raise concerns about development.

3. Shelby County, Tennessee - The NAACP has joined with environmentalists to sue one of Elon Musk’s data centers in Memphis, claiming it is illegally operating more than two dozen gas turbines.

  • The NAACP lawsuit argues that xAI and a subsidiary operating the data center have been operating the turbines without federal air permits. The suit requests that operations cease until a permit is obtained and that the companies pay financial penalties for every day they were unlawfully operating. It was brought alongside Earthjustice and the Southern Environmental Law Center.
  • It’s exceedingly likely that after this case, Musk becomes a new favorite villain of the environmental justice movement. This situation has it all: clear racial inequity, fossil fuel pollution, data centers, and allegations of negligence against an ally of the president.

4. Richland County, Ohio - This Ohio county is going to vote in a few weeks on a ballot initiative that would overturn its solar and wind ban. I am less optimistic about it than many other energy nerds I’ve seen chattering the past week.

  • It’s a story fit to tug at any renewable developer’s heartstrings: A small group of rural residents banded together to put a measure on the state primary ballot, which will be voted on May 8, unbanning utility-scale solar and wind power. The intrepid volunteers were supported by Ohio Citizen Action, a statewide activist group that’s been canvassing door to door since the 1970s.
  • This ballot initiative got a lot of attention this week thanks to a story in Canary Media. But it is also kind of confusing. Yes, it was a shock to see the ballot initiative win the signatures needed to be put up for a vote. But it presents a yes or no vote on the existence of the ban and not solar or wind energy itself, so I assume voters will require some sort of education to know how to vote. Opponents of the ballot initiative certainly have seized on that opportunity, embracing an affirmative message filled with big “YES!” illustrations.
  • Richland County voted for Donald Trump over Kamala Harris in the 2024 election by a more than 45-point margin. If the Trump vote is any predictor of how this vote will go, I suspect this ballot question will be defeated. But who knows, crazier things have happened in the backlash to Trump 2.0.

5. Racine County, Wisconsin – I close this week’s Hotspots with a bonus request: Please listen to this data center noise.

  • If you don’t want to watch, it’s a local news segment about Microsoft’s data center in Mount Pleasant, Wisconsin, in which you can hear incredibly loud humming and buzzing. It’s so loud you can hear a faint hum during the clip even under pouring rain. One nearby resident says she’s running box fans all over her home to avoid hearing the data center hum.
  • Mount Pleasant is far from the only community to deal with this. You can hear it on this local news segment in Virginia and this local news social media post in Michigan. All of this in only the last month.
  • Noise concerns are not an issue for renewable energy or battery storage. It’s safe to say data centers have them big time – and it’s a space I plan to investigate soon.
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Spotlight

Trump Hasn’t Been Advancing New Wind Farms During Permitting Talks

Only upgrades for pre-existing wind projects have been approved.

••
Donald Trump.
Heatmap Illustration/Getty Images

In September, the Trump administration told a reporter that the president directed the Pentagon to finally process wind projects through routine airspace approvals as required under a court order. By doing this, it created the appearance of real headway and good faith in talks with Democrats in Congress on energy permitting legislation before the November midterm elections.

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Q&A

GoodPower Is Sussing Out What People Actually Want from Data Centers

Talking with Leah Qusba, the CEO of GoodPower.

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Leah Qusba.
Heatmap Illustration

This week’s conversation is with Leah Qusba, CEO of GoodPower, which recently released a survey experiment you need to read. Conducted with Data for Progress, the project, published Monday, takes a unique approach to asking people why they opposed data centers for artificial intelligence and whether constructing renewable energy instead of gas power moves the needle at all in their support for AI infrastructure near them. Instead of just asking polling questions, they posed various hypothetical project designs to people — and the results were eye-popping. Turning to solar instead of gas? Might not be a panacea for gaining approval at the local level. Protecting electricity rates from going sky-high? Now that’s a way to get buy-in.

The following conversation was lightly edited for clarity.

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Hotspots

A First-Of-Its-Kind State of Emergency — Over a Permitting Pause

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

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The United States.
Heatmap Illustration/Getty Images

1. Umatilla County, Oregon – A small town in Oregon this week declared a state of emergency over fears that a statewide pause on data center permits will harm its economy.

  • Five of the six people on the Umatilla city council voted to adopt a resolution formally calling for a state of emergency “due to the threat of widespread financial loss.” Umatilla City Manager Dave Stockdale told the council before the vote that the data center pause enacted by Governor Tina Kotek puts millions in tax revenue at risk. Other city staffers told the council that current budget reserves are healthy, but this could complicate a bond for a new police station and delay executing their city’s master plan.
  • Umatilla is home to more than 20 data center projects currently operating or under development, equal to roughly one-fifth of the state’s data center sector. Oregon law expressly grants cities and towns permission to declare a state of emergency over “financial loss.” And the Umatilla resolution is a clear legal threat; its text calls for “immediate reconsideration” of Governor Kotek’s directive pausing data center permits and “authorizes the city manager to coordinate with affected governments and legal counsel to pursue appropriate administrative and judicial remedies.”
  • To the best of our knowledge, this is the first time a municipal government has threatened legal action or declared a state of emergency over a state-wide permitting pause against data center development. It goes to show that what comes around goes around.

2. Saratoga County, New York – Is Trump’s country music superstar-turned-power-project combatant John Rich preparing to debut a new song about solar farms, or something more?

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