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Hotspots

Trump’s Justice Department Goes to Bat for Offshore Wind in Maryland

And more of the week’s top news in renewable energy fights.

Map of renewable energy fights.
Heatmap Illustration

1. Waldo County, Maine – The Republican-led bid to stop an offshore wind industrial site on Sears Island has failed.

  • As we told you, GOP legislators introduced a measure to extend an existing conservation easement to stop construction of an assembly site for floating offshore wind projects that political leaders hoped to build in the Gulf of Maine.
  • This bill failed yesterday, garnering less than a majority of support in a vote before the state Senate.

2. Atlantic County, N.J. – We’re expecting a decision any minute now in the fight over EPA’s decision to rescind a crucial air permit for the Atlantic Shores’ offshore wind project.

  • Deliberations before the EPA’s appeals board have reached a boiling point, with Atlantic Shores’ attorneys arguing that the decision cast a pall over the agency’s air permitting regime. Predictably, the EPA has defended its decision, which was prompted by President Donald Trump’s anti-wind executive order.
  • Late yesterday, Atlantic Shores filed a reply to the EPA’s defense – and we’re expecting a decision to come down any minute after. We’ll tell you when it comes.

3. Worcester County, Maryland – This may surprise you but the Trump administration’s Justice Department argued against opponents of offshore wind.

  • Justice Department attorneys filed a motion on March 31 refuting claims filed by coastal towns opposed to the U.S. Wind project off the coast of Maryland under the Migratory Bird Treaty Act and Coastal Zone Management Act – two of the statutes cited in the lawsuit challenging permits for the project.
  • The filing didn’t argue against the entirety of the opponents’ claims – just those citing these specific environmental statutes. DOJ’s argument appears to surround the precedent potentially set by these claims; for example, the government’s lawyers put forward that the opponents of the offshore wind project misused the Migratory Bird Treaty Act against the federal government’s authorizations of activities that impact species.
  • “The MBTA cannot be enforced against a federal agency for permitting a project that could someday result in incidental take of migratory birds,” the filing stated.
  • It is unclear if this means the DOJ will stand idle while opponents challenge the permits on other grounds.

4. Wake County, North Carolina – Legislators in Tar Heel County are considering a bill to remove solar tax credits for projects on farmland.

  • The bill, which received a hearing earlier this week in the North Carolina Statehouse, will require approval from multiple committees before receiving a full vote and it is unclear if it has the legs to go the distance this session.

5. Lawrence County, Alabama – It looks like at least one solar project in Alabama could get the Trump administration’s blessing.

  • Quietly, the EPA gave its conditional sign off on March 3 to the Tennessee Valley Authority for a power purchase agreement allowing it to use energy from the 200-megawatt Hillsboro Solar project backed by Urban Grid.
  • The EPA’s comments stating officials did not “identify significant environmental concerns” with the project can be found here.

6. Jay County, Indiana – We have a new place to watch for a renewable energy moratorium, folks.

  • For weeks, county officials have been whittling away at potential year-long moratoriums on new battery projects and solar projects and just held a county meeting last night to take public comment on these potential bans. We’ll update you when we know more.

7. Renville County, Minnesota – A 200-megawatt Ranger Solar project is nearing final permits from the Minnesota Public Utilities Commission.

  • The administrative law judge overseeing the project – known as Gopher State Solar – told attendees of a recent hearing they’d reach a final decision as soon as June 2. Mark your calendars!

8. Whitman County, Washington – Steelhead Americas is giving up on getting permission from county leaders and going straight to the state for its Harvest Hills wind project.

  • Opposition to Harvest Hills – largely rooted in viewshed and environmental concerns – led to development of a county wind ordinance, but Steelhead Americas has reportedly determined there is no path to a “workable ordinance” for the project. Instead it’ll be seeking the state route instead, which bypasses local zoning laws.

9. Apache County, Arizona – Officials in this county are working on a draft renewable energy ordinance with “preferred area[s] that’ll be reviewed as soon as next month, according to one local report.

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Spotlight

The Real vs. Imagined Problems with Data Centers’ Water Use

How much water is too much?

Water, a data center, and a protester.
Heatmap Illustration/Getty Images

The data center water issues are real – but they aren’t what you think.

Too often, I hear people say the number one reason they’re against data center development is water use. Heatmap’s data shows water consumption is historically the reason cited most often by activists when opposing projects. This complaint, they often say, is rooted in the fear that this nascent buildout of AI infrastructure will simply draw so much H2O it will leave little liquid left for the rest of us.

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Hotspots

Texas Is the Eye of the Bipartisan Data Center Hurricane

And more of this week’s biggest news around project fights.

The United States.
Heatmap Illustration/Getty Images

1. Matagorda County, Texas – The bipartisan data center backlash is now so powerful that a top Republican Texas state official is doing an event with the Democrat vying to replace him.

  • On Thursday afternoon, outgoing Republican agriculture commissioner Sid Miller and Democratic candidate Clayton Tucker are marqueeing a forum hosted by Matagorda County Against Data Centers, an opposition group that appears to also monitor solar and battery storage for potential opposition, too. Miller is leaving his post at the end of the year after being defeated in a GOP primary by Nate Sheets, who was supported by Gov. Greg Abbott.
  • This bipartisan forum will take place after Abbott himself called for new laws and regulations on data centers in a letter to Texas Public Utility Commission Chair Thomas Gleeson and ERCOT CEO Pablo Vegas. Abbott said he’d push to require data centers to pay costs for electric infrastructure and use “water-efficient technologies such as closed-loop cooling systems.” Also on the to-do list? Mandatory property setbacks and noise reduction.
  • It’s becoming clear the frustrations against AI infrastructure and associated energy projects are starting to boil without a vent. The first county to issue a data center moratorium in Texas has withdrawn the effort after facing a $100 million lawsuit from a developer, and other counties are delaying future moratoria on fears of legal risks. Where will all of this frustration go without the option to pause development locally?
  • We’re starting to see Texas legislators seek to channel this anger. Last week, Rep. Veronica Escobar – a Democrat who represents the dry, data center-anxious city of El Paso – offered an amendment in a House committee to block funding for the EPA’s new data center construction rules. The amendment failed but I’d hardly be surprised to see this sort of rider gain traction if Democrats retake the lower chamber, especially if data centers are a major election issue.

2. Albany County, New York – As we await Gov. Kathy Hochul’s decision on whether to enact the nation’s first statewide moratorium on data centers, I wanted to bring up some pretty crucial facts about the situation in the Empire State.

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Q&A

One Investor’s Climate ‘Realism’ In the Data Center Era

A conversation with Craig Lawrence of Energy Transition Ventures

The Q&A subject.
Heatmap Illustration

This week’s conversation is one of my favorites so far – Craig Lawrence of Energy Transition Ventures. Lawrence has been around the block and back again when it comes to the cleantech investment landscape. So I took note when he got into a brief back-and-forth with an activist fighting data centers in Indiana who claimed there were “so many clean energy people who no longer care about climate change” because they “now support fossil fuel data centers if some nominal amount is met with clean energy.”

Lawrence replied, “Some of us are simply realists.”

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