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Hotspots

The Solar Farm-to-Data Center Switcheroo Hits a Snag

Plus more of the week’s biggest development fights.

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The United States.
Heatmap Illustration/Getty Images

1. Clark County, Nevada – The first data center approved on federal lands has hit a legal brick wall.

  • On Monday, the Townsite 2 solar farm-to-data center environmental review swap I’ve previously covered received a stay from the Interior Department’s board of appeals. David Gunter, a Biden appointee, ruled that the Center for Biological Diversity’s appeal of the permit flip was likely to succeed on the merits because a solar farm … is not a data center. Seems logical!
  • As I covered at the time, the Bureau of Land Management approved the environmental review swap claiming that a solar farm and a data center have essentially the same characteristics. It was a bold claim. Both the agency and Townsite said the characteristics would have substantially the same environmental impacts. Gunter shrugged off the claim idea, however, stating that statute requires projects to be both substantially similar and have equally similar impacts under the National Environmental Policy Act.
  • Crucially, Gunter also noted that the federal agency had never done an environmental review of any data centers under NEPA, so there’s not even a proper frame of reference. “BLM has not studied the Townsite data center project, or indeed any other data center project, in any environmental document,” he wrote.

2. Jackson County, Missouri – We have yet another high-profile case of a city councilor losing their job over voting for a data center, and this one’s a doozy.

  • Voters in the city of Independence, Missouri on Wednesday ousted John Perkins, a city councilor, in a recall election focused on his vote to back tax breaks for a large Nebius data center. The vote was quite resounding, with almost 70% backing the recall. Two other city councilors who voted for the tax abatement were voted out in a separate election earlier this April.
  • The data center is still getting built. But this is clear backlash to those who voted for it. This is a great example of public backlash to restarting a gas and coal plant to power a data center, which was the plan for the Nebius facility. Reportedly it will operate at up to nine times the previous capacity of the plant. I cannot imagine how that must make some nearby residents feel.

3. Utah – What’s it take for the Bureau of Land Management to approve a big transmission line for zero-emission energy generation these days? Geothermal, baby.

  • This week BLM proposed a more than 300-mile transmission project connecting Millard County, Utah to Clark County, Nevada, where Las Vegas is located. The project would be built by a Pattern Energy subsidiary and connect to geothermal leasing areas in both states. According to the FAST-41 dashboard, the NEPA review process for the line will be approved before the end of Trump’s term.
  • All the while, we have seen little progress for transmission lines that would connect to solar energy. The last time BLM approved anything noteworthy for solar-related transmission was last March. Part of me wonders whether the renewables permitting freeze I reported would have the potential to hurt transmission truly has manifested itself, in spite of public rumors to the contrary.

4. Huntsville, Alabama – You can’t even build a tiny battery storage facility in the middle of Alabama anymore.

  • Residents in the city of Huntsville on Wednesday successfully got the city utility to relocate a 2-megawatt project in a suburban neighborhood. Fire fears, as always, were to blame.
  • Utility-scale battery storage is new to Alabama, in part because of a considerable investment from the Tennessee Valley Authority and Department of Energy. This is the first battery storage conflict I’ve ever seen in Alabama — we haven’t recorded any previous BESS battles there in Heatmap Pro.
  • This should not be a surprise, though. Alabama is fast transforming from chill vibes to full-on freakout over data centers and solar farms, so it only stands to reason that we’d see the BESS backlash manifest too.
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Hotspots

A Big Battery Relief in New York

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

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The United States.
Heatmap Illustration/Getty Images

1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.

  • On September 11, New York state regulators did a Friday News Dump: The Department of Environmental Conservation confirmed a large PFAS pollution site in East Hampton was explicitly tied to fighting a battery storage site fire. The investigation began after PFAS chemicals, known as “forever chemicals,” were detected in drinking water wells.
  • Investigators will still have to produce a final report, but in their bulletin confirming the pollution source, the agency said it is now working with state energy and fire officials to avoid a specific chemical fire suppression system identified as a potential culprit known as Novec 1230. “The investigation points to the fire suppression system, not battery storage, as a [PFAS] source,” the bulletin states, adding this system wasn’t used in other recent fires at BESS facilities.This defuses what was poised to be a new PR problem for the battery storage sector in a state where local moratoria and restrictive ordinances have become increasingly common.

2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.

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Q&A

The Case for a Data Center Dividend

A conversation with Sam Lyman of the Bitcoin Policy Institute.

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The Bitcoin Policy Institute’s Sam Lyman.
Heatmap Illustration

This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.

I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.

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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

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Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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