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Q&A

Should Renewable Energy Companies Sue Trump?

They don’t have much to lose, Heiko Burow, an attorney at Baker & Mackenzie, tells me.

Heiko Burow.
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This week, since this edition of The Fight was so heavy, I tried something a little different: I interviewed one of my readers, Heiko Burow, an attorney with Baker & Mackenzie based in Dallas, Texas. Burow doesn’t work in energy specifically – he’s an intellectual property lawyer – but he’s read many of my scoops over the past few weeks about attacks on renewable energy and had legitimate criticism! Namely, as a lawyer who is passionate about the rule of law, he wanted to send a message to any developers and energy wonks reading me to use the legal system more often as a tool against attacks on their field.

The following conversation has been abridged for clarity. Let’s dive in.

So Heiko, you reached out to me after my latest scoop about how the Trump administration is now trying to create national land use restrictions on wind projects through the Department of Transportation. In your email, you said the Trump administration “cannot invent a setback requirement by executive fiat.” What does this mean?

Something you need to understand from my point of view is, there’s all these things coming out of the White House, the executive. Like the setback requirement: If the law says they have the right to do that, then okay. But the viewpoints of the administration do not replace the law.

There’s no requirement in the law that the Secretary of Transportation can require a setback. He can’t just come in and say here’s a required setback. The government can only do what the law allows a government to do.

For example, a CEO can’t come into a company and say all the contracts are null and void. The president, in the same way, can’t say everything that’s legally binding is no longer legally binding. There are two ways that creates a problem: one is that it is a breach of contract, and the courts will say there’s a different remedy for that. But there’s also a constitutional problem with that.

Why did you reach out to me about this story, in particular?

I’m just concerned about the environment, and our country, and our democracy.

As someone who works with corporations navigating the legal system under Trump, why do you think companies – like renewable developers – aren’t suing left and right in this moment?

I think they’re timid.

It’s not just companies – it’s stakeholders in general. In 2017, there was pushback on Trump. That is missing. Look at the tech industry – and a lot of investments in renewable energy come from the tech area – and how they lined up with Trump on Inauguration Day.

That is fear. I’d say other stakeholders too are now ruled by fear.

As someone who advises companies in other areas of law, what posture do you think renewable energy companies should take?

Band together. Renewable energy companies, you don’t have much to lose. He’s persecuting you.

I know people stay under the radar, like community solar entities that he could have forgotten about. But he didn’t forget about them. So they need to band together and fight.

Everybody’s just lying low and being afraid. But how much more can renewable energy companies lose? Right now they’re still surviving, because the business case for renewable energy works and states are supporting it. But they’re quiet about it on the national level.

If people start believing what Trump says is the force of law, then it’ll just be that way. And I don’t see a coordinated response to that.

Yellow

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Q&A

The Health Researcher Diving into Data Center Policy

A conversation with Emma Uridge of the Kansas Health Institute.

The Q&A subject.
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This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.

Our conversation was lightly edited for clarity.

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Hotspots

Anti-Solar Protests Are the Cool New Campaign Move in Wisconsin

Plus more of the week’s big development fights.

The United States.
Heatmap Illustration/Getty Images

1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.

  • Meta this week appealed the $10,000 fine that the board of public utilities issued over a rare bacteria found in Cheyenne’s sewer system. Meta is contesting any responsibility for the contaminant, claiming the board should’ve fined the construction company Fortis instead. You can read the full appeal here.
  • Afterwards, the board publicly released hundreds of pages of emails revealing how and why government employees linked the bacteria to Meta, specifically, including that officials tied the bacteria’s presence to the usage of closed-loop cooling systems for data centers. The emails also show local officials knew the water pollution was linked to the data center months earlier than previously thought. All the emails are available here.
  • Meanwhile, Cheyenne residents are attempting a long-shot bid to undo the annexation for the Microsoft data center I told you about. It’s unlikely to succeed because petitioners need to get about 10% of the last election cycle’s voting population to sign within 20 days… which at more than 2,000 people sounds all but impossible without a massive grassroots campaign.

2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.

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Spotlight

How the Trump Administration Turned a Solar Farm Into a Data Center

The local government of Boulder City, Nevada had previously rejected a proposal for the computing facility, which would draw power from the existing electricity supply.

Donald Trump and Nevada.
Heatmap Illustration/Getty Images

The U.S. government for the first time approved a data center on federal lands. What the Trump administration is pitching as a demonstration of bureaucratic speed and ambition in the era of artificial intelligence, however, is turning into the same sort of mysterious backroom deal that’s upsetting other communities.

On Monday, the Bureau of Land Management announced that it would allow a large AI data center to be built on a plot of federal land technically within the limits of Boulder City, Nevada. The approval was initially granted as a right-of-way in 2023 for the second phase of a solar project known as Townsite Solar, to be built by a joint venture between Skylar Opportunities LLC, a subsidiary of Houston energy trader Bill Perkins’ investment firm, and renewables developer Arevon. (Ironically, Perkins also just launched an ETF to profit from higher electricity demand.)

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