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Hotspots

A Hail Mary Kansas Lawsuit Against the IRA

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

A Hail Mary Kansas Lawsuit Against the IRA
  1. Jackson County, Kansas — We’ve been covering anti-renewable lawsuits in the Trump 2.0 era closely at The Fight. But we now have a champion for the most aggressive lawsuit yet: a case filed against a single solar project intended to somehow kill … the entire Inflation Reduction Act?
    1. Three Kansas residents have gotten the support of five seasoned attorneys — including two Federalist Society alums — to sue the federal government claiming that projects benefiting from IRA tax credits should have to be reviewed under the National Environmental Policy Act, and that implementation of the IRA violated the Administrative Procedures Act.
    2. Their lawsuit, which was filed days before Trump took office, cites a single NextEra project in Kansas to make its claims of tangible damages.
    3. We asked the attorneys to comment on the lawsuit, as we’re wondering if this is an opening salvo before a broader legal effort to challenge IRA implementation.
    4. It’s worth saying this is obviously a huge ask of the administration, even in the Trump era. Not to mention it’s unclear how this legal complaint will fare with Trump’s decision to knock down NEPA implementing regulations (more on that in our Policy Watch section). But at a minimum, this is a noteworthy and novel attempt at what some may argue is a nuisance lawsuit — and indicates how conservative legal experts are finding common cause with disgruntled neighbors of renewables projects.
  2. St. James Parish, Louisiana — A state judge ruled this week that St. James Parish lawfully rejected what is believed to be one of the state’s largest solar projects.
    1. The Parish Council last year denied D.E. Shaw Renewables’ St. James Solar Energy Center which was supposed to connect to an Entergy substation as part of that utility’s solar and wind project pipeline.
    2. The rejection however came after years of local resistance to the project. D.E. Shaw took them to court after the most recent denial. But now they’ve lost, with a state judge ruling this week that they’ve failed to prove the council had good reason to say no.
    3. It’s a potential bad omen for Entergy’s efforts to complete the largest renewables expansion in state history.
  3. Alaska — We’ve never talked about Alaska here at The Fight but it’s time to do so, because renewables projects are having trouble up North.
    1. Renewable IPP is pulling the plug on a large solar project in Nikiski, a village southwest of Anchorage, citing uncertainty around federal funding and tax credits.
    2. The remote city of Kotzebue is trying to develop wind turbines to move its grid off of fossil fuels. But its money is tied up in the Trump funding freeze.
    3. Why am I watching this so closely? Alaska Governor Mike Dunleavy is quietly pro renewables. Its broader effort to use “all of the above” to market his state’s relevance in energy markets and its minerals tied to the energy transition.

Here’s what else I’m watching …

In Massachusetts, anti-wind activist Mary Chalke is running for a seat on the select board for the town of Nantucket. She’s well known for wearing a whale costume to protests.

In North Carolina, local pro-wind advocates hope Duke Energy’s land-based wind projects will be safe from the Trump administration.

In Washington State, Whitman County has imposed a wind moratorium.

In Virginia, Apex Clean Energy’s Rocky Forge solar project has survived a legal challenge.

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Spotlight

Inside the Data Center Lobby’s Quiet Ad Blitz

What’s the deal with all those “America Connects” videos?

Data center.
Heatmap Illustration | Unsplash

The data center lobby is launching a big PR blitz on television and social media, racking up millions of views on evidently AI-generated content boasting economic impacts from new projects and hitting against criticism around energy and water use.

In an interview with me Wednesday, Data Center Coalition CEO Josh Levi explained how and why his organization – the largest and most prominent data center trade group – stood up an “evolving” national advertising campaign called America Connects.

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Hotspots

The Data Center Most Likely to Get Investigated by a Democratic Congress

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

Map of data center and renewable energy fights.
Heatmap Illustration

1. Richland Township, Louisiana - The Meta Hyperion project is suddenly now a central focus of activists and media coverage, just as it is seeking environmental permits for a key gas pipeline.

  • A number of painful investigations about Hyperion published in the last week: a New York Times profile of the local negotiations surrounding the deal that involved interviews with more than 40 people, painting the entire development as secretive. Then came an article from States Newsroom’s Louisiana affiliate claiming Governor Jeff Landry’s staff signed more than 100 NDAs, including some with Meta. Environmental advocates are trying to marshal up more public opposition to the project; on Monday, Earthjustice and advocates they’re working with on the ground in the Bayou are holding a press conference about Hyperion.
  • Why all the attention now? For starters, the state regulatory commission is considering whether to approve more gas plants at the project site. In addition, a Federal Register notice published last week disclosed ETC Tiger filed paperwork with the Federal Regulatory Energy Commission to get authorization for a gas pipeline that’ll pump roughly 1 million dekatherms per day to Hyperion. (A single dekatherm is a common measurement for gas transport volume equal to about 1,000,000 BTUs, so you do the math on how massive that pipeline is going to be.)
  • Louisiana is a hot bed for environmental justice advocacy because of Cancer Alley and a long legacy of offshore oil and gas development. I expect that as we saw under Trump 1.0, this amount of media coverage will lead to this project becoming an oversight topic in Congress, especially given the likelihood of prolonged federal review.

2. Memphis, Tennessee – Hyperion won’t be the first data centers that House Democrats go after if they retake the lower chamber in Congress though – that looks like it’ll be xAI’s Colossus projects. Congrats, Elon!

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Q&A

Is Trump to Blame When Data Centers Choose Gas?

A conversation with Peter Gardett of Noreva

Is Trump to Blame When Data Centers Choose Gas?

This week’s conversation is with Peter Gardett, CEO of the AI-powered energy market research firm Noreva. Before helming the price and deal research consultancy, Gardett built a strong repertoire as an energy expert spearheading analysis at S&P Global, IHS Markit, and Argus Media. I reached out to Gardett because I wanted a candid conversation about the fuel choices data center companies are making under the Trump administration and, to my delight, Gardett was open to sitting in my hot seat.

Let’s get into it then. The following conversation was lightly edited for clarity.

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