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Policy Watch

Renewable Energy’s Gloomy Election

Why alarm bells are ringing in the renewable energy ecosystem, plus more policy news

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Bill text.
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IRA on the mind – The renewable energy ecosystem is starting to really sound alarm bells about the November election and the risks of what they’re calling a “clean energy plan repeal” – e.g. scrapping IRA credits and carbon pollution rules.

  • Yesterday, the nonprofit E2 released a survey of industry leaders that found more than half would “lose business or revenue” from such a repeal and more than 20% would have to lay off employees.
  • Climate Power then sent out the survey in an email blast that read in big bold letters: “ICYMI: Business Leaders Say Repealing the Clean Energy Plan Would Lead to Mass Layoffs, Major Blow to Business.”
  • This is some classic Washington messaging prep clearly in the event of a less-than-favorable outcome in the election.

No Golden climate bill – However, if Kamala Harris and the Democrats do win in November, I’m bearish on the odds of another big piece of renewables stimulus passing through Congress next term.

  • That’s because of moderate Democrat Jared Golden of Maine, who said in a Politico profile yesterday that he would oppose his party moving to another piece of major climate legislation if they held power.
  • “I don’t want to talk about a climate bill,” Golden told the Beltway media outlet.
  • Given the odds of a major blue wave are exceedingly low, a Democratic majority would probably be thin – so thin that Golden would easily get his way.

Data center moratoriums – Energy demand for tech may be a driver of renewables development across the country, but data centers are starting to face moratoria fights of their own.

  • In Indiana, the activist group Citizens Action Coalition called for a state-wide ban on new data centers for artificial intelligence, arguing they waste electricity and no longer fit the budgetary boundaries of an existing state tax exemption on data centers.
  • The Coalition’s organizers include Ben Inskeep, who is also an analyst for energy consulting firm EQ Research.
  • It’s unclear whether this will fly with state policymakers as data center moratoriums so far have failed to get off the ground in the U.S.. Earlier this year a grassroots effort to restrict development in Loudon County, Virginia, flatlined.

Here’s what else we’re watching…

In Illinois, the Solar Energy Industries Association and American Clean Power are rallying behind comprehensive decarb stimulus legislation.

In Louisiana, voters going to the polls will decide whether to increase revenues from offshore energy – including wind – that go to coastal restoration.

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Q&A

How to Channel Voters’ Anxieties About Data Centers

A conversation with the Guardrails Alliance’s Shaunna Thomas.

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This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.

After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.

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Hotspots

Consider the Lobstermen Affected by New York’s Empire Wind

Plus more of the week’s biggest development fights.

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1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.

  • In late October, a family of lobstermen sued Equinor in federal court claiming the company’s compensatory mitigation program is failing to adequately make up for alleged negative impacts to lobster fishing grounds in the New York Bight. According to the lawsuit, the wind project irreparably hurt fishing in previously trafficked waters. The suit also claims that Empire Wind construction destroyed lobster fishing pots and seeks at least $75,000 in damages as well as punitive damages and attorneys’ fees.
  • The lawsuit is the first I have seen involving someone in aquaculture suing for damages over negative impacts of an already-constructed wind project, and it carries outsized implications as the Trump administration remands without vacatur the construction and operations plans for other offshore wind farms. This case is far from being decided, but that doesn’t matter: It is precisely the kind of complaint that Trump officials are likely to consider as they mull revisions to operational plans.
  • An Equinor spokesman declined to comment on the case, telling me they don’t speak on pending litigation.

2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.

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Spotlight

Data Center Developers Can’t Pay People Enough to Accept Them

Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.

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Donald Trump and data center protesters.
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This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.

Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.

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