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Policy Watch

Hearings Galore, Youngkin’s Slow Bore

This week’s top news around renewable energy policy.

Glenn Youngkin and solar farms.
Heatmap Illustration / Getty Images

1. Youngkin sides with locals – Virginia Gov. Glenn Youngkin this week said at his State of the State address that he would oppose efforts to “end local control of solar project siting” – indicating he will fiercely challenge efforts by some state policymakers to resolve challenges posed by town and county restrictions on renewables by overriding them.

  • “Local communities must be able to exercise their rights with regards to land use,” Youngkin said, adding a comparison that tied solar’s growth to the data center boom in the state. “Different communities will make different decisions on data centers but these must be their decisions.”
  • As we previously explained, solar developers are seeking changes to state policy in order to overrule local restrictions and draft recommendations from a Virginia commission on electricity called for the creation of an independent body to adjudicate these objections.

2. More like Hearing Watch – We’re starting to learn how Trump’s most significant nominees may run federal energy and climate agencies. Thank you, senatorial advise and consent process!

  • Most crucially, we heard from Energy Secretary-in-waiting Chris Wright who yesterday offered largely predictable pro-business comments that leave open the possibility Trump 2.0 will not mean an end to all federal support for the energy transition.
  • But there was one moment that stood out to me personally: Wright said he would “immediately engage” on a report released by DOE’s inspector general that called for a halt to operations of the Loan Programs Office, a key vehicle for supporting decarbonization projects across the country. It’s unclear how a pause would impact any and all conditional loan commitments issued by the Biden administration.

3. Using land for data – One of Biden’s final days this week was spent opening up federal lands for constructing data centers in order to give the U.S. a leg up in developing artificial intelligence.

  • The proposal tries to encourage data center companies to use renewable energy sources and instructs federal regulators to select ideal sites for constructing renewable projects close to or collocated with proposed or completed data centers.
  • It’s possible that this entire thing is ripped up on Day 1 of Trump 2.0 and I’m skeptical this will have much sway on the pace of developing either renewables or data centers. But kudos for trying.

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Spotlight

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

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

The United States.
Heatmap Illustration/Getty Images

1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

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Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

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