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Hotspots

Texas Investigates Battery Project Over China Fears

And more of the week’s top news on project conflicts.

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The United States.
Heatmap Illustration/Getty Images

1. Van Zandt County, Texas – The Texas attorney general’s office is investigating a battery storage project by Finnish energy company Taaleri over using energy storage with batteries made by CATL, the Chinese lithium-ion giant.

  • Will Wassdorf, Texas’ associate deputy attorney general for civil litigation, told lawmakers in a state Senate Business and Commerce Committee hearing on April 1 that the state is probing whether a “smart plug” for the battery facility would allow Chinese companies to “monitor” aspects of the Texas grid.
  • The investigation is due to a complaint filed by Texas anti-BESS activist Nancy White to the attorney general’s office claiming the battery project posed a potential risk to the grid. Wassdorf said they’re only in the initial phases of looking into the matter and quizzing experts on grid connectivity to best understand if a real risk is even there.
  • “If it’s just monitoring, that’s one thing. If it’s a level of connectivity that would provide access or control, where they could turn the batteries off, that would be another issue,” he told the committee.
  • This is as far as I know the first confirmed instance of a state attorney general’s office going after a utility-grade renewable energy or battery storage facility over China ties. CATL is certainly an easy target politically, having been added to restricted businesses lists for federal military procurement. But the idea that using Chinese tech on-site could result in a regulatory crackdown independent of national defense? That’s a new one.
  • Some of the impetus here is locally driven. Van Zandt County has been fighting this project for years, with residents going so far as to seek a restraining order against construction.
  • Taaleri did not respond to a request for comment.

2. Ozaukee County, Wisconsin – We appear to have the first town approving an anti-data center ballot initiative, as the citizens of Port Washington approved a measure allowing them to reject future hyperscalers.

  • OpenAI, Oracle, and Vantage Data Centers have been developing a massive data center campus in Port Washington, a suburb of Milwaukee. It is being promoted as going above and beyond with sustainability measures, using a closed-loop water cooling system and “100% matched zero-emission energy.”
  • Port Washington residents and those surrounding the town aren’t buying it and are hopping mad. Those opposed say the town approved construction too fast for the public to be aware. Round-the-clock 24-hour construction has only amplified tensions.
  • By a roughly 2-1 margin on April 7, voters approved a ballot initiative requiring future infrastructure tax abatements larger than $10 million be put to a vote. This will not stop the data center in any way, but it could set a precedent for restricting data center development in other municipalities and counties across the country.

3. Jefferson County, Missouri – Another local election worth watching happened in the city of Festus, where anti-data center activists successfully ousted incumbent city councilors for supporting a data center.

  • The city council voted last week to rezone property so CRG could build what officials said would be a $6 billion AI hyperscaler campus. One week later, voters defeated the four incumbents on the council running for re-election, including two who voted against the data center but supported previous administrative decisions that allowed it to be considered in the first place.
  • It’s worth noting these were low turnout elections; fewer than 500 people voted in each of the races. Like in Port Washington, the Festus elections could be a harbinger for how damaging data center support can be for local elected representatives in areas where a dedicated small group of voters can mobilize the numbers to get an anti-data center challenger to victory over an incumbent.
  • “Micro to macro, that is how we hold them accountable,” tweeted Missi Hesketh, the leading Democratic candidate for Congress running to represent the state’s 7th District, which includes Festus.
  • Shortly after the election, the citizens group leading activism against the CRG project filed a lawsuit challenging the city council’s decision to rezone for construction.

4. San Diego County, California – The embattled Seguro battery storage project is now dead.

  • AES withdrew its application to construct the BESS facility in Escondido after a yearslong battle with residents fearful of battery fires and upset about the project’s proximity to residential homes and a local hospital. The project would’ve held more than 300 megawatts of electricity.
  • In 2024 we listed Seguro as one of the most at-risk projects in the energy transition, asserting it exemplified the most difficult challenges constructing battery storage in the U.S. today. Turns out we were right about that one.

5. Franklin County, Ohio – A longshot bid to ban data centers at the ballot box is proceeding in Ohio after the secretary of state and Ohio Ballot Board approved its consideration.

  • The ballot initiative would create a statewide moratorium on new data centers using more than 25 megawatts per month, which would essentially cut off future industry access to the state. If the initiative is able to receive 413,487 signatures by July 1, it’ll be considered on Election Day this fall.
  • Ohio is a growing data center market with a history of regular conflicts typical of the modern industrial techlash. It’s no surprise that a place where solar and wind is neigh-impossible to permit anymore is now experiencing this degree of whiplash over data centers. But more than 400,000 John Hancocks is a lot. I will be watching this one even more closely than Port Washington.
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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

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

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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