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Policy Watch

How to Solve a Problem Like a Wind Ban

And more of this week’s top policy news around renewables.

Trump.
Heatmap Illustration/Getty Images

1. Trump’s Big Promise – Our nation’s incoming president is now saying he’ll ban all wind projects on Day 1, an expansion of his previous promise to stop only offshore wind.

  • “They litter our country like paper, like dropping garbage in a field,” Trump said at a press conference Tuesday. “We’re going to try and have a policy where no windmills are built.”
  • Is this possible? It would be quite tricky, as the president only has control over the usage of federal lands and waters. While offshore wind falls entirely under the president’s purview, many onshore wind projects themselves fall entirely on state lands.
  • This is where the whole “wind kills birds” argument becomes important. Nearly all wind projects have at least some federal nexus because of wildlife protection laws, such as the Endangered Species Act and Migratory Bird Treaty Act.
  • Then there are the cables connecting these projects to the grid and interstate transmission projects that may require approval from the Federal Energy Regulatory Commission.
  • I’m personally doubtful he will actually stop all wind in the U.S., though I do think offshore wind in its entirety is at risk (which I’ve written about). Trump has a habit of conflating things, and in classic fashion, he only spoke at the press conference about offshore wind projects. I think he was only referring to offshore wind, though I’m willing to eat my words.

2. The Big Nuclear Lawsuit – Texas and Utah are suing to kill the Nuclear Regulatory Commission’s authority to license small modular reactors.

  • If successful, it would totally neuter permitting powers in this sector, letting developers and manufacturers avoid a lengthy federal approval process. SMR startup Last Energy is also involved in the lawsuit.
  • The lawsuit cites the Supreme Court’s recent decision to undo a longstanding principle in American regulatory law that courts should defer to agency experts when interpreting vague language in statute. As Heatmap’s Robinson Meyer explained when that ruling came down, this means judges themselves get to decide if a law explicitly gives an agency authority to do something.
  • The lawsuit argues the nation’s primary nuclear law, the Atomic Energy Act, did not give the NRC the discretion to regulate SMRs. “If Congress wanted the NRC to have plenary authority in this area it needed to speak clearly. Instead, it has unambiguously indicated the opposite.”
  • I expect more of these lawsuits to come down the pike in the coming months, as the federal government under Trump will have the power to settle those cases and offer plaintiffs favorable deregulation through that process.

3. Biden’s parting words – The Biden administration has finished its long-awaited guidance for the IRA’s tech-neutral electricity credit (which barely changed) and hydrogen production credit.

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Q&A

How to Build a Socially Responsible Data Center

Chatting with DER Task Force’s Duncan Campbell.

The Fight Q&A subject.
Heatmap Illustration/Getty Images

This week’s conversation is with Duncan Campbell of DER Task Force and it’s about a big question: What makes a socially responsible data center? Campbell’s expansive background and recent focus on this issue made me take note when he recently asked that question on X. Instead of popping up in his replies, I asked him to join me here in The Fight. So shall we get started?

Oh, as always, the following conversation was lightly edited for clarity.

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Hotspots

The Indiana City Saying ‘Tech Yeah!’ to Data Centers

Plus the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. LaPorte County, Indiana — If you’re wondering where data centers are still being embraced in the U.S., look no further than the northwest Indiana city of LaPorte.

  • LaPorte’s city council this week unanimously approved the expansion of a data center campus already under construction. Local elected officials were positively giddy at the public hearing on the vote, with city mayor Tim Doherty donning an orange t-shirt exclaiming a pro-AI pun: “TECH YEAH!”
  • Doherty explained his enthusiasm at the hearing in simple dollars and cents. State cuts to education had “put our local schools in an impossible position,” he said, asking: “Will the 15% in revenue sharing give our kids a superior education and the best chance at a future in this tech-driven world?”
  • That revenue sharing Doherty referenced was Microsoft’s deal in March with LaPorte’s school corporation, which stated 15% of the data center’s property tax revenue would go to the corporation for 20 years. So good was that deal some city councilors were vocally defiant against those who were opposed to the project expansion.
  • “Microsoft seems like they’re going to be a good partner for the city. They care. They’re presenting what I think is a good deal and trying to take care of people around them. So I’m all for it and if anybody wants to vote me out, hey, go for it,” councilor Roger Galloway told the hearing room.
  • The lesson? Give lots of money to education and you’re more likely to get a permit. Tale as old as the mining industry.

2. Cumberland County, New Jersey — A broader splashback against AI infrastructure is building in South Jersey.

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Spotlight

Data Centers Are Splintering the American Right

Mounting evidence shows that Republican voters are rapidly turning against artificial intelligence.

Tucker Carlson and a data center protest sign.
Heatmap Illustration/Getty Images, Library of Congress

The data center backlash is causing a crisis of faith amongst American conservatives over land use, energy abundance, and corporate regulation. The Republican Party — not to mention the politics of AI infrastructure — may never be the same.

In the last week, I’ve seen a surge of Republican politicians pushing to temporarily ban data centers in conservative states. In South Carolina, Representative Nancy Mace, a leading GOP gubernatorial primary candidate, called for a statewide moratorium on new data centers. In Texas, the sitting agriculture commissioner Sid Miller proposed the same for the Lone Star State. Ditto in North Dakota where the idea got backing from a GOP primary candidate for a Public Service Commission seat.

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