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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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Q&A

Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.

Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

The following conversation was lightly edited for clarity.

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
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1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

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Spotlight

The Top 5 Midterm Races of the Data Center Backlash

What we’ll be watching for on election night.

Candidates.
Heatmap Illustration/Getty Images

It’s almost fall 2026 and you know what means: It’s time to figure out the must-watch midterm races amidst the data center backlash.

I’ve spent the past week pulling together a list of the top five congressional races worth watching as bellwethers for the impacts of the data center backlash in the American electorate. This list has three U.S. House races where Republicans are defending seats, one where a House Democrat is defending their seat, and the Senate race many of you are probably most thinking about anyway. Think of it as a tipsheet.

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