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A conversation with Frank Maisano of Bracewell

Today’s Q&A is with Frank Maisano, one of the most sought-after energy lobbyists in Washington. Maisano, a Beltway veteran who has worked in Congress as well, has a long history with me that goes back to the earliest days of my environmental reporting career. So when I helped author a story for Heatmap this week about the budget risks to the Inflation Reduction Act, he reached out and asked if he could give me his take: that our reporting missed the mark.
Naturally, I asked if I could publish the whole thing in my newsletter, because what good is a lobbyist’s words if they aren’t written down? The following is an abridged version of our conversation, lightly edited for clarity.
Frank, once again, thanks for taking the time to reach out and tell us why we’re wrong. Let’s start with my burning question: tell me why?
Well I don’t know that everything you wrote about is wrong, but I think historical perspective is important here. Unfortunately when you’re as old as I am, and have been involved in this game as long as I have, you know from things that happened before that everything is not new again.
When I worked on the Appropriations Committee in 1994, 1995 and Republicans took over with House Speaker Newt Gingrich, many of these types of budget-cutting plans were in place. At the time, Republicans didn’t have total control because Clinton was president, but Project 2025 isn’t just Project 2025. It was Project 2005. It was Project 1985. The Heritage Foundation has been making these proposals every year for the 40 years I’ve been around. I’d just want to remind people of the operational historical context for how Congress works and how folks have been trying to do this for years.
I was talking to somebody the other day and I said, Talk to me in December of this year. Because in December of this year, a lot of this hyperbolic symbolism and walking people out of agencies — all of this will be over. Congress will have spoken and we’ll have a better sense of the true direction they’re going in.
I’m not going to say there won’t be significant cuts. I suspect there will be reductions in government spending. But it’s certainly not going to be as harried, frantic, and news-splashed as we’re seeing now.
Do you actually think these Republicans who signed onto a letter defending the Inflation Reduction Act will stand by these statements when a final bill comes for a vote?
Are you asking if the 21 will stand by the statements?
Yeah, I mean, the point of our story was to say the budget math matters more than that and there’ll be a choice between tax cuts and saving more of the IRA.
Like I said, when we went through this in 1994, you would think the budget math mattered more, but it never does. Once people start lobbying and start advocating for their own constituencies, local projects, I think you’re going to see a significant trimming of the attitude.
There’s a few people who, budget be damned, will be in the ‘let’s cut everything’ book. I don’t think that’s a majority of the [Republican] caucus, though, especially when you look at provisions of the IRA. There are many provisions of the IRA that are how Republicans have done energy policy for years. There were provisions in the bipartisan infrastructure law that were how Republicans have done energy policy for years.
Has every Republican supported it? No. Are there certain loud voices on the budget hawk side? Absolutely. Do either of those sides have a full measure of support that’s going to pull someone like a tug of war over to the other side? Most likely not. There’s going to have to be an internal party agreement but also an internal congressional agreement which I think will tend to pull this budget hawk-ness further away from the absolute spending cuts they want to impose.
Do you think the administration’s views on wind, solar, or battery storage deployment will matter when it comes to the fate of the IRA?
They may have a specific view. But a lot of it is out of their hands. The market has made decisions already. Utilities, investor-owned, even rural co-op utilities have made decisions already in balancing their generation sources.
I don’t think any sort of administration policy to X one off or close it out is probably that viable. Especially in the sense where we need all the energy we can get.
Demand takes control of the policy levers. We saw this with the Biden administration on oil and gas where they tried mightily to reduce our output, but then 2022 came around and they felt compelled to push more development and then we had record development under the Biden administration.
I think we’re going to see similar energy trends in this administration with the policy levers the administration is less interested in. Let me give you an example: I think offshore wind is going to still be able to play a role in meeting that energy demand. Look at what’s happening in the Northeast, and in Virginia, where they have incredible energy demand projections. Offshore wind along with natural gas along with some nuclear are [together] going to play a role in how we meet that demand in the future. Even if the administration pushes back on offshore wind, [Republican Virginia Gov.] Glenn Youngkin sees it as a part of his mix and that is a powerful force. I see that offsetting some of the policy push preferences this administration might have.
I know in the ‘90s you were involved in navigating this, but I’m still wondering after all this if the budget math we brought up in our story and parliamentary procedure will matter…
It certainly does matter and it’s certainly one way to look at it. But Congress has a way of coming to a deal.
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The movement against data centers is raising up a raison d'etre of the anti-renewables movement: protecting would-be farmland.
Farm owners and operators across the U.S. are winning national headlines almost every week for rejecting big dollar offers from data center developers. In Hanover County, Virginia, protestors are chanting “Grow Tomatoes, Not Data Centers.” In Pennsylvania and elsewhere, Republican legislators are mulling proposals to block the sale of so-called “prime farmland” for data center development. In Texas, the fight over data center development has engulfed the race for the state’s ag commissioner seat. In the Midwest, where agriculture reigns supreme, statewide races and congressional campaigns are slowly but surely being defined by the issue. Like in Nebraska where Austin Ahlman, an independent candidate running for Congress in Nebraska’s first district, told me he believes the data center backlash is reflective of a populist politics that broadly criticize elites and top-down control of the economy: “I think sometimes people misunderstand the anxieties of rural Americans when it comes to these data centers because a lot of their fears are about control long term.”
Unlike the farmland backlash around renewable energy development, the loudest critics are on the anti-monopolist left. On Wednesday, the prominent opposition group Food and Water Watch signaled farmland could soon be a watchword in the national data center debate – in a fashion analogous to what we’ve seen with renewable energy. The organization’s blog post entitled “The AI Data Center Boom Is Coming for Farmers” declared data centers verboten because of the threat they posed to “small and midsized family farmers.” Mitch Jones, deputy director of the campaign outfit, said he believes the threat to farmland is “a compelling reason to oppose data center development” but that his organization’s fight is primarily focused on protecting small business owners and an anti-monopoly sentiment.
“If data centers are coming into their areas, this puts even more pressure on them. It drives up the cost of their electricity, just as it does anyone else. It competes with them for water for crops, and it affects the value of their land in a perverse way,” Jones told me.
None of this should be surprising. An agricultural workforce has always been a good barometer for figuring out if a community will accept new infrastructure of any kind. We’ve seen as much time and time again with renewable energy, carbon capture, fossil energy and mining, just to name a few industries.
This same rule is true with data centers. In April, county commissioners in Kosciusko County, Indiana, unanimously rejected a Prologis data center; nearly 90% of acreage in Kosciusko County is being actively farmed, according to the Heatmap Pro database. Linn County, Iowa, in February enacted a rule severely restricting data center development in unincorporated areas; almost three-fourths of the land is used by the ag sector. A potential Amazon facility is causing heartburn in Clinton County, Ohio; nearly all land in the county is used for farming and utility-scale solar development has a recent history of conflict with landowners.
To be candid, I’m struck by the similarity in the backlash over siting data centers on farmland – a resemblance so close that some counties are starting to restrict renewable energy and data center development on farmland at the same time. This week, Eau Claire County, Wisconsin created a new “farmland preservation plan” discouraging utility-scale solar energy and data centers on any potential farmland. (More than 40% of land in this county is currently being used for farmland, according to Heatmap Pro.)
Jones at Food and Water Watch said his organization taking on the “protect farmland” mantle had nothing to do with the success this argument has had against renewable energy. “That thought never entered my head,” he told me, adding that if communities respond to the data center backlash by taking steps that short-circuit solar and wind too, that’s “a coincidence.”
I kept pressing. What if the pivot to farmland protection leads to more communities restricting renewable energy along with the data centers? “If you’re looking for a reason to oppose solar and wind, you can come up with that without having to attach data centers to it,” Jones said. “We’ve seen rural communities oppose solar and wind before data centers blew up across the country. It’s nothing new.”
And more of the week’s top news around project fights.
1. Virginia Beach, Virginia – The right-wing interest group lawsuit against Dominion Energy’s Coastal Virginia offshore wind is now dead, concluding one of the wackier tales of the Trump 2.0 energy era.
2. Box Elder County, Utah – Call it the Box Elder County massacre.
3. Davidson County, Tennessee – We have the latest updates in the Nashville Zoo data center drama and they’re a doozy and a half.
4. Clark County, Ohio – Yet another utility-scale solar farm is in the Ohio state permitting graveyard.
A conversation with Hanson Wood of RWE
This week’s conversation is with Hanson Wood, chief development officer for solar developer RWE. Wood’s perspective felt crucial at a moment when the data center boom is leading to so much deal volume – even after the repeal of the Inflation Reduction Act. So I reached out to his team to see if we could talk about how he’s evaluating all things Fight-related, including the impacts of the data center backlash on solar itself. The following conversation was lightly edited for clarity.
How is solar finding opportunities in the data center development space? I know there’s conversations about speed-to-power and some deal volume, but help us get a better sense of the level of capacity being sought versus fossil or other forms of energy.
Great question. To contextualize, I think it just makes sense to talk about energy demand overall. Solar is filling the base of where the majority of load growth and generation is coming from and going to be served.
Over the last decade, the cost of solar has gone down dramatically. It’s become a very modular technology being deployed in a variety of locations. It can be deployed very quickly at low cost. It can ramp to meet short-term demand needs. And within the space of just energy demand, across utilities and large industrial data center companies, the reality is no single technology is going to be able to serve overall demand. Everything from solar to onshore wind and geothermal and other forms of flexible generation are needed.
What this speaks to is how our grid is pretty finite. We have to be able to mix and match a variety of products to be able to meet an ever-growing reliability need. To make it simple, I think solar’s going to serve the largest base of growing demand because it's cheap and it's available. But it’s not going to be the only technology. We need to be able to serve this load growth reliably. And we know this is going to require a diversity of technologies.
From a social license perspective, does solar power for a data center make it more acceptable for a community? Less acceptable? More friendly?
One thing I want to be clear about: I don’t develop data centers. So I’m looking at it through the same view many people in the industry and the public see it.
I think there’s manifold reasons why people have concerns about data centers, overall. I can’t speak for all of them. But what solar does address is, we don’t want to see large price spikes in the short term and solar can really help in that regard. It can provide near-term generation immediately in a lot of instances at one of the lowest costs in the market.
Whether the broader public makes that connection, it’s probably too early to see. There’s probably a lot of anxiety that has to be addressed by that [data center] community.
When it comes to the state of solar development, have the feelings around data center infrastructure we’ve seen in various places impacted solar projects?
Solar is more often in what we consider rural areas where there’s more of a conservative viewpoint generally.
Where I think we stand in the solar industry is that in the 2010s we were looked at as a one-off, and now what we see as the challenge is that as solar scales, communities are looking at the scale and potential of what solar will be bringing. A lot of the conversations we have with [them] are, is this changing the local character? How is this impacting our way of life?
And the way we try to approach that is to highlight a lot of the public benefits. Renewables are generating significant jobs, locally as well as through funding local services. Farmers setting aside land for renewables are also funding their farms and way of life. I’ve heard testimonials from farmers who’ve said they wouldn’t be able to continue on without the revenue from solar or BESS projects.
The broader community is concerned solar is displacing rural farming, but what we hear from rural landowners is that these projects are allowing them to keep their farms.
Most people when they start looking at renewables, they don’t make that connection. They’re primed to ask, what’s the downside here? But it’s nothing in terms of physical land while the economic value it brings is long-term. It’s 30 years — at a time when the American public is seeing lots of headwinds.
I know at a broader level, you’re addressing the conflicts in solar energy. Do you think the solar industry offers any lessons for the folks now trying to get data centers built?
Anyone who is building large infrastructure projects can’t ignore early community engagement. One of the things people should be thinking about as they’re developing projects is these things are going to be here 20, 30 years, right? When we develop those projects we are trying to build relationships in a sustainable fashion.
We really take into consideration the concerns we hear. Again, people are primed to see the downside in any development, and without that early engagement – genuinely – you risk whether other people come along and hear the benefits or feel like their voice mattered in the process of development.