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Policy Watch

What I’m Watching in Washington

A rundown of key policy moves from the past week.

capitol hill.
Heatmap Illustration/Wiki Commons

China, China, China – Republicans in Congress are trying to pressure the U.S. into an even more hawkish stance against Chinese battery supply chains ahead of the November election.

  • The top Republican on the Senate Foreign Relations Committee, Senator Marco Rubio, wrote the Defense Department last week requesting the Defense Department blacklist the world’s largest battery manufacturer CATL, a Chinese company.
  • The House of Representatives is also scheduled to vote next week on a bill requiring the Homeland Security Department to blacklist CATL and other Chinese-owned battery manufacturers.
  • I’ve written a lot of stories about how many Republicans are trying to get the U.S. to entirely decouple its commercial enterprises from Chinese companies – a wholly different objective than building up U.S. industries so the nation can compete with and wean off China. (Like what the IRA did.)
  • No matter the national security justifications, forcibly decoupling from China would take essential supplies off the table for an energy transition.
  • What I’m watching for is if the Republican pressure influences how Kamala Harris approaches this topic, and whether she’ll differ from the Biden administration’s approach to China and batteries.

BLM’s solar plan The Bureau of Land Management last week released its long-awaited programmatic environmental impact statement for solar development across the Southwest, opening 31 million acres to potential projects across almost a dozen states.

  • The Biden administration says its steering development away from “wildlife and land conflicts,” but it already faces pushback from conservation activists. One of the most likely plaintiffs against the plan – the Center for Biological Diversity – released a statement critical of the document that noted it would impact a sizable amount of desert tortoise habitat.

Trump’s energy whisperer The Trump campaign told Reuters last week the former president would ax the EPA’s climate-minded power plant rules if elected… but that’s not what caught my eye.

  • No, what’s most notable is that the campaign official who made this news was former Trump administration Interior Secretary David Bernhardt, who is now a key figure at the MAGA-aligned America First Policy Institute.
  • I’ve covered Bernhardt for years and interviewed him last year upon the release of his book, “You Report to Me.” It’s my belief he is angling for an even more influential role in a future Trump administration that would leverage his expertise in the administrative state to make Trump far more successful at undoing energy and climate rules. (OMB?)

Other policy moves worth watching…

Nevada’s new plan Joe Lombardo, the Republican governor of Nevada, released a new statewide climate plan after the one put forward by his Democratic predecessor vanished. It’s getting panned.

‘Greenwashing’ push — The Agriculture Department launched an initiative aimed at combating misleading climate claims in the meat and poultry industries.

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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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