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A conversation with Nevada attorney general Aaron Ford

This week’s conversation is with Nevada attorney general Aaron Ford, the Democratic candidate for governor in the state. His campaign reached out recently asking if I wanted to chat about what he’d want to do on data center and energy policy, which is essentially catnip for a reporter like me. So we hopped on the phone and chatted about his approach to regulation as he seeks to oust the sitting GOP governor Joe Lombardo.
The following conversation was lightly edited and abridged for clarity.
As someone running for statewide office, how do you take into consideration the growing backlash to industrial development? Not just data center development but solar and wind?
I think it's the responsible thing to do and it’s the responsive thing to do to engage in conversation around this issue, understand what people think about it, and try to come up with policies to demonstrate your willingness to accommodate those issues. I’ve been on two statewide tours in the last nine, 10 months all over the state talking to folks. The first time I recall having a conversation about this was at the end of my first statewide tour at the end of last year in a rural county, complaining about a data center coming to a different part of that rural county.
It’s across demographics. Democrats, Republicans, Independents – they’re having concerns about these data centers. They’re swarming into Nevada communities, draining our water, jacking up our energy prices, and using Nevada taxpayer money to do it. So folks have asked for thoughtful consideration on how to do this.
How do you distinguish between the concerns about data centers and the concerns about renewable energy, transmission, maybe even conventional energy sources? Do you separate those conversations or are they all just one big conversation to have?
They’re not mutually exclusive. There are sure to be distinct conversations to be had.
What I have said in my plan is that we’re going to stop the [tax] abatement for future data centers coming here until I can audit the efficacy of these other data centers who’ve received abatements. Joe Lombardo has given out $200 million in abatements and he hasn’t checked to see that they’ve fulfilled their end of the bargain in terms of local hires, their impacts on the environment, and so forth.
What I’m going to do is ensure that [if] they're going to operate here, they’ll have to bring not just their own energy but renewable energy to power their facilities.
If elected, you’d be representing a state that has principal interest in front of the federal government. I’ve been writing about data center development on federal lands including the situation in Boulder City. How do you view engaging with the Trump administration on data center development?
At the outset, what we see happening right now outside of Boulder City is an affront to local control. It’s an affront to a local government and its residents voicing their opposition to a data center and the federal government shouldn’t be able to do an end run around zoning and environmental protections. I’m going to stand up for our sovereignty in that regard. I’ve said time and again that anyone who is serious about improving the lives of Nevadans, this is contrary to that. They are ignoring the will of Nevadans.
When it comes to the situation in Boulder City, what do you think should happen there?
I think the federal government shouldn’t be able to come in and authorize the approval of a data center when the initial authorization was for a solar project. There are two different environmental protection measures that need to be implemented in that regard.
An end run around protections with no notice and opportunity to be heard is tantamount to a coup in this arena. It’s not something that I countenance. I know what I stand for. Certainly I wouldn’t stand by quietly and not do anything.
Walk me through what you want to get done on this topic should you win? What do you want to see the state legislature do?
We’re going to stop the tax abatements, these giveaways to these companies. We need to ensure they’ve lived up to their obligations.
When I’m governor they’re going to have to bring their own clean energy and bring their own water. We live in the desert. We’re going to end evaporative cooling throughout the state.
I’m not new at this. My tenure in public service has been defined by holding public companies accountable. I’ve held them all accountable and I’m going to do the same for data centers should I be elected governor.
My last question for you is about the future. Most conversations happening about data center development are focused on the short term. But five, ten years down the road, where do you think we’re going to end up on this issue?
That’s the real question. Eleven years ago, we had no idea we’d be here. ChatGPT didn’t exist when data centers were first discussed. They were places where the cloud was being held.
So look, we need to have conversations with companies. We need to stay at the forefront of development.We need to stay in conversation with companies to understand where it's going and make sure we’re passing governmental policies that will accommodate the needs of Nevadans. While we can’t predict where we’ll be in five years, we know it won’t look like this today.
We need to be nimble. We need to be responsive. We need to be reactive. Proactive, when we can. All of it at the exact same time.
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Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.
A conversation with Josh Freed of Third Way
This week’s conversation is about the big energy policy story of the week – month? year? – which is the new bipartisan permitting deal in the U.S. Senate. As my colleagues and I were feverishly working on our mega-explainer about the bill, I rang up Josh Freed, founder of Third Way’s energy and climate program, who graciously picked up the phone despite traveling in London. Freed, a fellow energy wonk-slash-musician, was gracious to jam out with me on all the things I felt you needed to know about this bill – including whether there really is only one shot to get what he believes would be landmark legislation into law.
The following chat was lightly abridged for clarity. Let’s dive in.
Let’s start with descriptions. Thomas Hochman, a friend of Heatmap News, published a lengthy blog about the new bipartisan Senate permitting bill in which he describes it as a “grand bargain.”
Do you agree with that description?
No. See, it’s so funny, I saw that description as well and I think over the years I’ve soured on the concept of ‘grand bargains.’ But it’s hugely significant.
Okay. If it’s not a ‘grand bargain,’ how would you describe it?
Well the problem with a ‘grand bargain’ is it assumes there’s all these trade-offs and everyone gets a little bit of something. But the reason I think it’s just significant, and not that, is it took the transmission architecture that Manchin-Barrasso had that was close to passing and built it out for current load growth. That’s a big deal given how much the transmission side has been a blockage in the system. And how much they dealt with the permitting of infrastructure, generally.
When we did our survey of over 200 project developers a little over a year ago, we were surprised at how much that was what they were concerned about – transmission and permitting of utility-scale solar. They’ve added those two things into the bill. So we’ve got consequential transmission permitting provisions and steps to add a lot of certainty, while shortening the window where objections based on those laws can pop up. This means a lot more is likely to be built and it’s very likely that’ll be clean.
There’s infrastructure with fossil fuels that’ll be built. We get that. But when costs are so high, that’s also sort of inevitable. The overall proposal is more of a win to build than a bargain.
Does the language in this bill adequately address Trump’s freeze on federal permits for renewable energy projects?
I think it is a really important step in the right direction with permitting certainty for solar and wind but this question with national security, and making sure this gives the certainty that these projects will ultimately be delivered… I just genuinely don’t know. But we need to make sure it's sufficiently airtight. Is this the best, most reasonable attempt to do this? That’s the question that needs to be answered.
The combination of permitting certainty and anti-discrimination language barring the executive branch from category wide attacks on offshore wind or solar are steps that need to be taken. At some point we’re all going to have to take the step off the cliff together and see what happens next because we’re getting as good as we’re going to get, presuming the administration will follow the law. If they don’t follow the law, there’ll be actions to be taken to get them back on track.
But this is what you have to do, because otherwise, everything’s still broken. At least it gives us additional mechanisms to keep them in line.
Do you think this has to happen before the next Congress convenes?
The most likely time for action is the lame duck period in Congress. I think there’s a slim chance you could see something happen next year but it’s impossible to predict how likely that chance is or what it would look like until we see the election results. I wouldn’t want to gamble on everything lining up to get another bite at the apple next year. And lame duck’s always been the most likely time for this to happen.
Okay. So let’s say this bill becomes law. What do folks like you do next on energy in D.C.?
I think we get this done and then we’ve got to make sure the law works. Assuming this passes, we’ve got to make sure the obstacles we thought were obstacles really were the obstacles, and this still doesn’t address additional issues data centers have raised. We need an enforceable framework so as data centers come onto the system, the additional generation and transmission is built in a way that’s in the best interest of communities and paid for by the data centers.
There are questions of whether the market structures created more than a hundred years ago are still the correct structures for 2026. If they’re not, then what’s the path to getting stuff built and maintained effectively? That alone is enough. And I think the next biggest thing: what parts of the supply chain should be developed and where? Transformers, batteries, the future of the auto industry… all those fun things are up in the air.