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Plus more of the week’s biggest renewable energy fights.

Dane County, Wisconsin – The QTS data center project we’ve been tracking closely is now dead, after town staff in the host community of DeForest declared its plans “unfeasible.”
Marathon County, Wisconsin – Elsewhere in Wisconsin, this county just voted to lobby the state’s association of counties to fight for more local control over renewable energy development.
Huntington County, Indiana – Meanwhile in Indiana, we have yet another loud-and-proud county banning data centers.
DeKalb County, Georgia – This populous Atlanta-adjacent county is also on the precipice of a data center moratorium, but is waiting for pending state legislation before making a move.
New York – Multiple localities in the Empire State are yet again clamping down on battery storage. Let’s go over the damage for the battery bros.
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The Army Corps of Engineers is out to protect “the beauty of the Nation’s natural landscape.”
A new Trump administration policy is indefinitely delaying necessary water permits for solar and wind projects across the country, including those located entirely on private land.
The Army Corps of Engineers published a brief notice to its website in September stating that Adam Telle, the Assistant Secretary of the Army for Civil Works, had directed the agency to consider whether it should weigh a project’s “energy density” – as in the ratio of acres used for a project compared to its power generation capacity – when issuing permits and approvals. The notice ended on a vague note, stating that the Corps would also consider whether the projects “denigrate the aesthetics of America’s natural landscape.”
Prioritizing the amount of energy generation per acre will naturally benefit fossil fuel projects and diminish renewable energy, which requires larger amounts of land to provide the same level of power. The Department of the Interior used this same tactic earlier in the year to delay permits.
Now we know the full extent of the delays wrought by that notice thanks to a copy of the Army Corps’ formal guidance on issuing permits under the Clean Water Act or approvals related to the Rivers and Harbors Act, a 1899 law governing discharges into navigable waters. That guidance was made public for the first time in a lawsuit filed in December by renewable trade associations against Trump’s actions to delay, pause, or deny renewables permits.
The guidance submitted in court by the trade groups states that the Corps will scrutinize the potential energy generation per acre of any permit request from an energy project developer, as well as whether an “alternative energy generation source can deliver the same amount of generation” while making less of an impact on the “aquatic environment.” The Corps is now also prioritizing permit applications for projects “that would generate the most annual potential energy generation per acre over projects with low potential generation per acre.”
Lastly, the Corps will also scrutinize “whether activities related to the projects denigrate the beauty of the Nation’s natural landscape” when deciding whether to issue these permits. That last factor – aesthetics – is in fact a part of the Army Corps’ permitting regulations, but I have not seen any previous administration halt renewable energy permits because officials think solar farms and wind turbines are an eyesore.
Jennifer Neumann, a former career Justice Department attorney who oversaw the agency’s water-related casework with the Army Corps for a decade, told me she had never seen the Corps cite aesthetics in this way. The issue has “never really been litigated,” she said. “I have never seen a situation where the Corps has applied [this].”
The renewable energy industry’s amended complaint in the lawsuit, which is slowly proceeding in federal court, claims the Corps’ guidance will lead to “many costly project redesigns” and delays, “resulting in contract penalties, cost hikes, and deferred revenue.” Other projects “may never get their Corps individual permits and thus will need to be canceled altogether.”
In addition, executives for the trade associations submitted a sworn declaration laying out how they’re being harmed by the Corps guidance, as well as a host of other federal actions against the renewable energy sector. To illustrate those harms they laid out an example: French energy developer ENGIE, they said, was required to “re-engineer” its Empire Prairie wind and solar farm in Missouri because the guidance “effectively precludes” it from getting a permit from the Army Corps. This cost ENGIE millions of dollars, per the declaration, and extended the construction timeline while ultimately also making the project less efficient.
Notably, Empire Prairie is located entirely on private land. It isn’t entirely clear from the declaration why the project had to be redesigned, and there is scant publicly available information about it aside from a basic website. The area where Empire Prairie is being built, however, is tricky for development; segments of the project are located in counties – DeKalb and Andrew – that have 88 and 99 opposition risk scores, respectively, per Heatmap Pro.
Renewable energy developers require these water permits from the Army Corps when their construction zone includes more than half an acre of federally designated wetlands or bodies of water protected under the Rivers and Harbors Act. Neumann told me that developers with impacts of half an acre or less may skirt the need for a permit application if their project qualifies for what’s known as a “nationwide permit,” which only requires verification from the Corps that a company complies with the requirements.
Even the simple verification process for Corps permits has been short-circuited by other actions from the administration. Developers are currently unable to access a crucial database overseen by the Fish and Wildlife Service to determine whether their projects impacts species protected under the Endangered Species Act, which in turn effectively “prevents wind and solar developers from (among other things) obtaining Corps nationwide permits for their projects,” according to the declaration from trade group executives.
But hey, look on the bright side. At least the Trump administration is in the initial phases of trying to pare back federal wetlands protections. So there’s a chance that eliminating federal environmental protections might benefit some solar and wind companies out there. How many? It’s quite unclear given the ever-changing nature of wetlands designations and opaque data available on how many projects are being built within those areas.
A conversation with Georgia Conservation Voters’ Connie Di Cicco.
This week’s conversation is with Connie Di Cicco, legislative director for Georgia Conservation Voters. I reached out to Connie because I wanted to best understand last November’s Public Service Commission elections which, as I explained at the time, focused almost exclusively on data center development. I’ve been hearing from some of you that you want to hear more about how and why opposition to these projects has become so entrenched so quickly. Connie argues it’s because data centers are a multi-hit combo of issues at the top of voters’ minds right now.
The following conversation has been lightly edited for clarity.
So to start off Connie, how did we get here? What’s the tale of the tape on how data centers became a statewide election issue?
This has been about a year and a half-long evolution to where we are now. I started with GCV in about June of 2024 and I worked both the electoral and political sides. That meant I was working with PSC candidates.
People in other states have been dealing with data centers longer than we have and we’ve been taking our learnings from what they’ve been dealing with. We’ve been fortunate to be able to have them as resources.
There has been a coalition that has developed nationally and we have several groups that have developed within that coalition space who have helped us develop our site fight organizing, policy guidebooks, and legislative resources. It has been a tremendous assist to what we’re doing on the ground, because this is an ever-evolving situation. Almost like dealing with a virus or bacteria because it keeps mutating; as soon as you develop a tactic, the data centers react to that and you have to pivot, think of something else, and come up with a new strategy or tactic.
That’s been the last year and a half from the past summer to now. We worked on the Public Service Commission, flipping two seats this past legislative session. Now we have two more seats on the PSC looming in this next electoral year.
The next question I would ask is related to the role you view data centers will play in the coming election. Why do you think data centers are coming up? Help me understand what it is about data centers that has turned it into a potent political subject?
Georgia was in a really unique position in 2025 to have data centers at the forefront of the election. They were the only thing state-wide on the ballot because the PSC election was the only thing on the ballot. For the most part, Georgia has set up what is unique to Georgia: districted seats that the entire state can vote on. You have to live in the district to run for it but the entire state votes on it. And that meant we could message to the entire state what the PSC was, why it was important, and how it was going to affect people. Once you did that you were inevitably talking about data centers because that messaging became focused on affordability.
Once people understand what a PSC commissioner is, they know they regulate what you pay on your utility bill. If your bills are too high now, because the current PSC commissioners raised your rates six times in the past two years, there are more rate hikes looming in the future because of data centers. This is what’s coming.
Those were dots that were very easy for voters to connect.
We also had in the background and then the foreground data centers coming to people’s communities. Suddenly, random people were educated. They knew about closed-loop versus open-loop systems. They were asking questions suddenly about where water was coming from and why they didn’t know about these projects before they’re at the next local commission meeting. They’re telling me its only 50 decibels of noise. Are they going to cause cancer? The number of questions were tremendous and extremely sophisticated. People had been hearing about them, reading about them, and were knowledgeable until they connected all the dots.
You’re bringing up a really important phenomenon that, I’ll say, I’ve noticed when it comes to renewable energy projects and the opposition to projects: the populism I’ve seen in communities I’ve covered for the last year and a half here at Heatmap. So as someone who is trying to communicate against data center development but still trying to promote renewable energy, how do you walk that tightrope from a canvassing standpoint?
It’s a good question. Data centers are already coming. How we talk about data centers is, if they’re going to be here they need to be good neighbors.
We have made it open season here in Georgia. We left our credit card on the counter and said don’t do anything stupid only for us to come home and see there’s nothing left. What did you expect? There’s tax incentives for the data centers, there are no ordinances, they’ve allowed them to use our resources. They’ve come here because of our resources and our land and our access to fiber optics. Until we wrap our arms around it and put up some safeguards, and create rules for our teenagers when we go on Spring Break, then we can’t get a handle on how many of these are even going to be here and how much energy will be needed to power them.
We need to make limits. If you want incentives, okay – 30% of it needs to be green. If you want to build in a community, then okay – part of a CBA means you have to put up solar. They can be clean but we have to get a handle on protecting our resources, protecting the land and protecting our communities.
Do you see a change in the near-term when it comes to bringing data center development towards what you’d like to see, as opposed to just outright moratoria? Where is this opposition movement heading in Georgia?
We are just in the beginning phases of this. We see a lot of local opposition to data centers – 900 people coming out to county commissions. Like, we’re seeing unprecedented numbers.
What’s important is that power still rests with the elected officials. Unless they’re scared of losing power, it’s hard to actually change the rules. I think this state legislative session is going to be really important–
So how involved do you get at the local level on these data center fights?
So, those elected officials are on different schedules but people are showing up to meetings. We’re currently helping them organize and showing them best practices.
Now, I can’t dictate their messaging for them, because that’s county by county and the best people to do that are the people who live there, but we help coach them, tell them to pick a personal story, say how to show up, and wear bright-colored shirts. We have an entire tool kit that shows them the ABCs and 123s of organizing. What has worked in the past from other groups around the country for other groups to fight back.
But each county is different. Some counties may need the tax revenue. There’s a chance you may need one. So we say Georgians need to value Georgia and their resources need to be protected. We say, you need a solid community benefits agreement, this is what you should ask for and you need a lawyer.
Our position here is to help them get the resources and get connected. We pull from a lot of different sources and places who have been in this fight a lot longer.
The cloak-and-dagger approach is turning the business into a bogeyman.
It’s time to call it like it is: Many data center developers seem to be moving too fast to build trust in the communities where they’re siting projects.
One of the chief complaints raised by data center opponents across the country is that companies aren’t transparent about their plans, which often becomes the original sin that makes winning debates over energy or water use near-impossible. In too many cases, towns and cities neighboring a proposed data center won’t know who will wind up using the project, either because a tech giant is behind it and keeping plans secret or a real estate firm refuses to disclose to them which company it’ll be sold to.
Making matters worse, developers large and small are requiring city and county officials to be tight-lipped through non-disclosure agreements. It’s safe to say these secrecy contracts betray a basic sense of public transparency Americans expect from their elected representatives and they become a core problem that lets activists critical of the data center boom fill in gaps for the public. I mean, why trust facts and figures about energy and water if the corporations won’t be up front about their plans?
“When a developer comes in and there’s going to be a project that has a huge impact on a community and the environment – a place they call home – and you’re not getting any kind of answers, you can tell they’re not being transparent with you,” Ginny Marcille-Kerslake, an organizer for Food and Water Watch in Pennsylvania, told me in an interview this week. “There’s an automatic lack of trust there. And then that extends to their own government.”
Let’s break down an example Marcille-Kerslake pointed me to, where Talen Energy is seeking to rezone hundreds of acres of agricultural land in Montour County, Pennsylvania, for industrial facilities. Montour County is already a high risk area for any kind of energy or data center development, ranking in the 86th percentile nationally for withdrawn renewable energy projects (more than 10 solar facilities have been canceled here for various reasons). So it didn’t help when individuals living in the area began questioning if this was for Amazon Web Services, similar to other nearby Talen-powered data center projects in the area?
Officials wouldn’t – or couldn’t – say if the project was for Amazon, in part because one of the county commissioners signed a non-disclosure agreement binding them to silence. Subsequently, a Facebook video from an activist fighting the rezoning went viral, using emails he claimed were obtained through public records requests to declare Amazon “is likely behind the scenes” of the zoning request.
Amazon did not respond to my requests for comment. But this is a very familiar pattern to us now. Heatmap Pro data shows that a lack of transparency consistently ranks in the top five concerns people raise when they oppose data center projects, regardless of whether they are approved or canceled. Heatmap researcher Charlie Clynes explained to me that the issue routinely crops up in the myriad projects he’s tracked, down to the first data center ever logged into the platform – a $100 million proposal by a startup in Hood County, Oregon, that was pulled after a community uproar.
“At a high level, I have seen a lack of transparency become more of an issue. It makes people angry in a very unique way that other issues don’t. Not only will they think a project is going to be bad for a community, but you’re not even telling them, the key stakeholder, what is going on,” Clynes said. “It’s not a matter of, are data centers good or bad necessarily, but whether people feel like they’re being heard and considered. And transparency issues make that much more difficult.”
My interview with Marcille-Kerslake exemplified this situation. Her organization is opposed to the current rapid pace of data center build-out and is supporting opposition in various localities. When we spoke, her arguments felt archetypal and representative of how easily those who fight projects can turn secrecy into a cudgel. After addressing the trust issues with me, she immediately pivoted to saying that those exist because “at the root of it, this lack of transparency to the community” comes from “the fact that what they have planned, people don’t want.”
“The answer isn’t for these developers to come in and be fully transparent in what they want to do, which is what you’d see with other kinds of developments in your community. That doesn’t help them because what they’re building is not wanted.”
I’m not entirely convinced by her point, that the only reason data center developers are staying quiet is because of a likelihood of community opposition. In fairness, the tech sector has long operated with a “move fast, break things” approach, and Silicon Valley companies long worked in privacy in order to closely guard trade secrets in a competitive marketplace. I also know from my previous reporting that before AI, data center developers were simply focused on building projects with easy access to cheap energy.
However, in fairness to opponents, I’m also not convinced the industry is adequately addressing its trust deficit with the public. Last week, I asked Data Center Coalition vice president of state policy Dan Diorio if there was a set of “best practices” that his large data center trade organization is pointing to for community relations and transparency. His answer? People are certainly trying their best as they move quickly to build out infrastructure for AI, but no, there is no standard for such a thing.
“Each developer is different. Each company is different. There’s different sizes, different structures,” he said. “There’s common themes of open and public meetings, sharing information about water use in particular, helping put it in the proper context as well.”
He added: “I wouldn’t categorize that as industry best practice, [but] I think you’re seeing common themes emerge in developments around the country.”