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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

The 5 Fights to Watch in 2026

Spoiler: A lot of them are about data centers.

Data centers and clean energy.
Heatmap Illustration/Getty Images

It’s now clear that 2026 will be big for American energy, but it’s going to be incredibly tense.

Over the past 365 days, we at The Fight have closely monitored numerous conflicts over siting and permitting for renewable energy and battery storage projects. As we’ve done so, the data center boom has come into full view, igniting a tinderbox of resentment over land use, local governance and, well, lots more. The future of the U.S. economy and the energy grid may well ride on the outcomes of the very same city council and board of commissioners meetings I’ve been reporting on every day. It’s a scary yet exciting prospect.

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Hotspots

A Texas Data Center Dispute Turns Tawdry

Plus a resolution for Vineyard Wind and more of the week’s big renewables fights.

The United States.
Heatmap Illustration/Getty Images

1. Hopkins County, Texas – A Dallas-area data center fight pitting developer Vistra against Texas attorney general Ken Paxton has exploded into a full-blown political controversy as the power company now argues the project’s developer had an improper romance with a city official for the host community.

  • For those who weren’t around for the first go, here’s the low-down: The Dallas ex-urb of Sulphur Springs is welcoming a data center project proposed by a relatively new firm, MSB Global. But the land – a former coal plant site – is held by Vistra, which acquired the property in a deal intended for remediating the site. After the city approved the project, Vistra refused to allow construction on the land, so Sulphur Springs sued, and in its bid to win the case, the city received support from Texas attorney general Ken Paxton, whose office then opened an antitrust investigation into the power company’s land holdings.
  • Since we first reported this news, the lawsuit has escalated. Vistra’s attorneys have requested Sulphur Springs’ attorney be removed from the court proceedings because, according to screenshots of lengthy social media posts submitted to the court, the city itself has confirmed that the attorney dated a senior executive for MSB Global as recently as the winter of 2024.
  • In a letter dated December 10, posted online by activists fighting the data center, Vistra’s attorneys now argue the relationship is what led to the data center coming to the city in the first place, and that the attorney cannot argue on behalf of the city because they’ll be a fact witness who may need to provide testimony in the case: “These allegations make awareness of negotiations surrounding the deed and the City’s subsequent conduct post-transaction, including any purported ‘reliance’ on Vistra Parties’ actions and omissions, relevant.”
  • I have not heard back from MSB Global or Sulphur Springs about this case, but if I do, you’ll be hearing about it.

2. La Plata County, Colorado – This county has just voted to extend its moratorium on battery energy storage facilities over fire fears.

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Q&A

Are Renewables Really Benefiting From the Data Center Boom?

A catch-up with kWh Analytics’ Jason Kaminsky.

Jason Kaminsky.
Heatmap Illustration

This week’s conversation is a catch-up chat with Jason Kaminsky of kWh Analytics, an insurance firm that works with renewable energy developers. I reached out to Kaminsky ahead of the new year because as someone with an arms-length distance from development, I find he is able to speak more candidly about market dynamics and macro-level trends – as well as the fears many have in rural communities about energy project failures, like battery fires. Seeing as the theme this week felt like “data centers forever,” I also thought it would be good to get up to speed on what he’s most focused on in that space, too.

The following conversation has been lightly edited for clarity.

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