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A conversation with Grant Gutierrez of Carbon Direct

This week’s conversation is with Grant Gutierrez, head of community impacts at carbon management company Carbon Direct. This week Carbon Direct published a white paper Gutierrez authored on opposition around data centers he’s studied. His research reinforces much of what Heatmap Pro has uncovered, but I was particularly intrigued by a topline finding – that transparency is the most common thread in the 46 data center fights he looked into. Was he seeing what I’ve been seeing? So I asked him to hop onto a Zoom call and let me know his thoughts.
The following conversation was lightly edited for clarity.
If you were to explain the findings in your white paper to someone at a bar… how would you put it?
What I would say is that we were really interested in the kinds of concerns communities were articulating as they were opposing or resisting data center development in the U.S. To answer and explore those questions, we developed our own data center cancellation tracker where we looked for cases where we could find a strong correlation between cancelation or withdrawal status and opposition. Then we did high-level analyses of the demographics surrounding those data centers, using standard best practices from environmental justice methodologies and pulling sociodemographic and environmental burden characters from EPA’s EJScreen tool. We were mostly looking at public records. Press materials. City council meeting minutes. Things you wouldn’t have to dig too hard to find.
The kinds of communities we saw successfully resisting data centers tracked across the demographic middle of the United States – slightly more middle income, slightly more white than a majority of the American community, but mostly what you’d consider the average American community.
What is the intended audience of this paper and what are you hoping to communicate?
I think it’s important for data center developers and the capital behind them is that they need to move their engagement to early stage, responsible design. A second audience is regulators, city councils, and local zoning commissions about how to engage with developers and advocate for the right disclosure requirements from industry.
The key topline message is that developers who treat community engagement as a permitting formality instead of a critical early stage input are burdening communities, breaking trust. This is resulting in reputational risk for developers, stranded assets, losing capital – and the loss of future opportunities as developers want to build 21st century infrastructure.
Walk me through what you saw evaluating these projects. What’s the development pattern that leads to such opposition?
We saw five key themes. Some of them you might expect – concerns around natural resources, water impacts, electricity rates, land. The rural character came up quite consistently. And then there was a lack of transparency through the use of NDAs.
The NDA example I was surprised to see was the most consistent in all of our case studies. Communities are largely concerned with the process that unfolds as much as the impacts. That’s a very important signal that transcends political lines. Communities want to be heard, involved in the process. They want large infrastructural development with impacts to listen to their concerns. When those decisions are made behind NDAs or with no transparency or equitable engagement, communities quickly mobilize and organize at a hyperlocal level and are successful in opposing these data centers.
I know there are a number of companies out there – without naming names – that are putting responsible development principles forward. The ones we advocate for across our business, whether we’re working in carbon removal or other things. I see companies leading and saying, if we’re involved in this infrastructure, we are not going to sign an NDA. Those who are pushing forward renewable energy commitments, community benefit agreements, and local public-private partnerships are leading with transparency and equity in their engagements.
How any of this carries in the broader industry is yet to be seen.
In your report you point to various ways opposition can crop up to a project. One of those ways was due to the presence of co-located gas – you note that gas power at a data center engendered environmental opponents, which then strengthened those fighting a data center. Can you elaborate on whether you think a new gas power presence is making it harder to get a data center built?
The case you’re pointing to, that’s the Ballico case where on top of the data center there was a 3,500 megawatt co-located gas plant. That quickly led to major community concerns and a partnership with the Southern Environmental Law Center, which became the legal anchor for thinking through the opposition here and commissioned the technical evidence, and provided the legal [support] there.
You see a broad coalition coalesce around not only the data center concern but the climate concerns that arise. I wouldn’t be surprised if we saw a repeated concern around the expansion of fossil energy and combustion sources going hand in hand with community opposition and organizing on data centers. But that remains to be seen.
What in your research have you seen when you compare opposition to data centers and campaigns against, let’s say, fossil fuels? Or mining? Or renewables?
What I think about with data centers is they’re the highways of the 21st century. As we know through the highway projects in the U.S., there were major disproportionate impacts on communities of color. I think there’s potential for data centers if they follow that playbook to have that same impact.
When it comes to comparing these, that’s something I have not done yet. But I think there’s a few things happening. I think the scale and scope of the buildout is taking the American public by surprise. Articulation around impacts to natural resources and electricity prices in a heightened political climate and a difficult economy. It’s also the existential problem AI introduces, which is the role AI plays in society. This is unique compared to other kinds of extraction, which feed technologies already at play.
How do you feel about the fact that so many of us in energy, environment and climate are now talking about data centers all the time?
Never in my career, working in carbon removal and nature based solutions, I never thought data centers would be a major focus in my career as an environmental justice advocate and social scientist.
Data centers are probably emerging to be one of the biggest environmental justice problems of our time so while it’s not something I planned to work on, I am emboldened to see the response from the nonprofit community and others trying to wrap their heads around this. What is the right kind of information? What does the public need to know? How do we advocate for our communities and build the world we would like to build?
While data centers are moving fast, I’m encouraged to see communities organizing and advocating for their own needs as well. Over the next few years, the story will tell itself.
Last question – what was the last song you listened to?
DtMF by Bad Bunny.
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A chat with Colette Lamontagne, senior director for electric power at Ceres.
This week’s conversation is with Colette Lamontagne, senior director for electric power at the sustainability finance advocacy group Ceres. Her team just released a shareholder engagement guide for the utility space around data center development. I’ve been wondering when the ESG crowd would enter into the AI infrastructure fray, so I asked if I could chat with Colette about what the guide could teach my lovely readers and whether the data center backlash portends a new wave of boardroom fights between electric companies and institutional investors.
Our conversation was lightly edited for clarity.
What is the big message of this guide? If you were to talk about this over a coffee, what would be the topline takeaway?
These data centers are coming, but they can be done right. They don’t have to be done in a way that negatively impacts energy, water, and communities, and we need to slow down just enough to be able to do it right.
It’s not a guide about what data centers should do — it's a guide on the risks to the electric power sector. The biggest risk is the magnitude of power needed and the timing — how quickly it’s needed. Because of that, the traditional process for electric utilities can’t keep pace. It’s all regulated. There’s a lot of steps they have to go through to build new transmission infrastructure and new generation. If the grid connected companies can’t keep up the pace, data centers will just build their own generation. And the biggest problem with that? You have all these resources not shared by the users.
Do you think data centers are going to create a new wave of ESG-based investor advocacy?
I haven’t thought about it as a new age for ESG, but that’s a good point. We are moving beyond asking companies about targets and to create transition plans. Now we’re looking at how to accelerate solutions for climate impacts. I do think there’s a new age related to that.
When it comes to data centers, the questions aren't about utilities and their targets, but instead how they’ll meet this need so they don’t go back to old coal plants or [build] new [behind the meter] plants not used by the grid.
Should we anticipate some kind of new shareholder advocacy wave around how integrated utilities and power companies address or mitigate the impacts of the data center boom on meeting their resource plans, especially decisions made as a result of shareholder advocacy on climate?
If a data center comes to a utility and says they need 100 megawatts of power and the utility chooses to serve that with coal or gas instead of new renewables, it will impact their clean energy goals. If they say they signed a power purchase agreement and give all these renewable resources to a data center, that’s not new — you’re still impacting your clean energy goals because then you’re taking the renewables away from other customers. You have to build something else for those other customers. What are you building instead?
How they think about their long-term resource plans is really important. These generation sources will be around for a very long time. In most cases, renewable energy is cheaper to build. Gas plants require a four- or five-year wait for turbines. So not only is it better for the environment but better for business to get these renewables built.
I’ve written a lot about data center water use. The guide goes into the energy sector’s water use impacts from this increased power demand from data centers; specifically, it says investors should consider asking utilities to conduct new comprehensive water risk assessments around it. Can you help my readers and I better understand what this kind of assessment is and why companies should consider doing this?
Different types of electric generation facilities use different amounts of water. Some of it is withdrawn and put back. Some of it is withdrawn and consumed. Those matter. In cases when water is drawn and put back, the temperature goes up — that’s impacting the environment.
It’s an interesting dichotomy. The new technologies that use air cooling use less water, but they use more energy. Then you have to think about what electricity you’re using and how much water that electricity is using. It’s the life-cycle impacts.
Is there any kind of risk for investors or energy companies associated with the data center sector, given its political challenges?
Well, utilities usually get the short end of the straw. They always get blamed for everything. I say that with a laugh because I used to work for a utility.
Some of these companies have an obligation to serve. If someone comes to them and says they need power, they are required to provide it. However, they can protect themselves and other ratepayers. If the utility builds a whole generation plant and all this transmission infrastructure to serve one data center, and then the data center gets canceled, yeah that’s a risk — not to the bottom line of the utility but to their reputation.
Plus more on this week’s biggest development fights.
1. Washtenaw County, Michigan — The Mitten State made itself the center of the data center backlash this week, as multiple AI skeptics won key Democratic congressional primaries. Yet the most significant election result wasn’t a primary vote, but rather a quiet referendum in a small town outside Ann Arbor.
2. Travis County, Texas — I’ve been getting a lot of texts from sources about Texas Governor Greg Abbott issuing a stop to data center permitting. Let’s get into what really is happening here.
3. Jefferson County, Missouri — Data center opposition can win a Republican political primary, too, as demonstrated this week in this rural pocket of the Show-Me State.
4. Santa Clara County, California — We conclude this week’s Hotspots with a warning about the dire political straits of battery storage technology.
The agency is reportedly considering a land swap that would allow AI infrastructure in one of northern Virginia’s largest green spaces.
A national park site and Civil War conflict area in Virginia is now a battleground in the fight over data center development on federal real estate — and Congress is starting to get involved.
On July 23, the Prince William Times reported that Trump’s National Park Service is “considering a land swap” to allow “at least four data centers” on land within the boundaries of Prince William Forest Park in northern Virginia, one of the largest green spaces in the Washington D.C. metro area and a flashpoint during the Civil War. Since then, my colleagues and I have confirmed based on interviews with sources familiar with the plan, public lobbying disclosures, and previously unreported correspondence from Congress to the Park Service that, indeed, there has been a concerted behind-the-scenes effort to make this swap happen, going back more than a year. Many of those concerned about the idea of this exchange told me they’ve been unable to get clear answers from the Park Service on the likelihood of the swap.
Here’s what we do know: A data center development company, Highland Digital, under an LLC registered by their legal counsel, has sought permission from Prince William County to build a large tech infrastructure complex next to the park, at a site other companies have sought to rezone for that purpose since at least 2022. Though the land is within the park’s boundaries, it is not actually owned by the park; it was held by a private entity before the site was established, enabling it to be used for development through a quirk in public land use law colloquially known as “inholding.”
Meanwhile, the data center backlash has made siting new projects in Northern Virginia increasingly difficult. In Prince William County specifically, supervisors rejected a large data center project near Dulles Airport last month. The sort of land Highland Digital has access to would be challenging to develop in this political environment, given that county planning office staff said it also included wetlands and streams that made permitting difficult.
So as Highland Digital struggled to get permission, it came up with a Plan B, according to two local park conservation advocates familiar with the project’s progress: It could swap some of the land in the park with other parcels close by owned by the Park Service without as much ecological sensitivity. The company retained a lobbyist, Jeff Small, who was a senior adviser to the Interior Department under the first Trump administration and last year publicly boasted of close ties to the White House (which distanced itself from him in response). Small lobbied the National Park Service and Interior Department for a land exchange on Highland Digital’s behalf starting in May 2025 through the first quarter of this year, according to federal lobbying disclosures.
Around this time, Ashley Studholme, executive director of the Prince William Conservation Alliance, first learned about the land swap proposal. Studholme told me Highland Digital CEO Peter Batten proposed the idea to the park’s superintendent George Liffert in a meeting the three had that month with Small in attendance. Highland Digital provided Studholme and Liffert with a map she shared with me outlining different parcels that would be involved. Studholme said that afterwards, nearly identical parcel delineations were then added to an official National Park Service GIS map online. This meeting and map change assertion were first reported by the Prince William Times.
Kyle Hart, a senior program manager for the National Parks Conservation Association, told me his organization has had “loose discussions” with Park Service staff about the land swap, which he described as “a newer thing” that “we know has been proposed.”
In response to my request for comment, NPS sent the following statement attributed to an unnamed spokesperson: “The National Park Service preserves the historic, cultural and natural integrity of national parks, including Prince William Forest Park. The NPS does not regulate private land use outside park boundaries or comment on speculative uses.”
On paper, Hart told me, the swap has some upsides for NPS. The Park Service would get more land in the deal than Highland Digital would acquire. It could also permanently protect sensitive resources. But the cumulative impact of the exchange, he said, is unambiguously in Highland Digital’s favor.
“The developer comes out ahead,” he told me. “You combine that with another 100 or so acres [they hold] that is direct road frontage, and you have land primed for development without any of the hiccups of pesky streams and so forth. And they’d be doing this to expedite a data center within their borders directly adjacent to the land they’re protecting.”
In mid-July, before the Prince William Times story published, staff for Representative Eugene Vindman — the Democratic congressman whose district includes the park — contacted the Park Service requesting “reports of a potential exchange or transfer of land within Prince William Forest Park. The inquiry asked for information on deed ownership as well as any legal authority for the Park Service to exchange land with a private corporation for development without congressional approval.
Vindman’s staff provided their request to me this week, informing me they never heard back.
“I’m very concerned about the proposed data center development in and near Prince William Forest Park,” Vindman said in a statement his office provided. “I have been clear that data centers should not be built near parks, schools, or residential communities, and I’ll continue to fight for our community on this issue.”
Very little about Highland Digital or its data center plans is available online, while Data Center Dynamics, a trade publication, has reported that details about the data center are “sparse.” A public meeting to discuss the project planned for the parcel the company currently owns was scheduled for May, but was then canceled after the developer rescinded a permitting application with Prince William County without a stated reason.
Highland Digital did not respond to requests for comment. Neither did representatives from Jeff Small’s firm, 76 Group, who was registered to lobby for the developer on behalf of EIS Solutions, the firm’s name before it rebranded in 2021. Small’s contact information is not public and I was unable to reach him for this story.
With reporting by Matthew Zeitlin.