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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.
Heatmap Illustration

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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Hotspots

One Wind Farm Dies in Kansas, Another One Rises in Massachusetts

Plus more of the week’s top fights in data centers and clean energy.

The United States.
Heatmap Illustration/Getty Images

1. Osage County, Kansas – A wind project years in the making is dead — finally.

  • Steelhead Americas, the developer behind the Auburn Harvest Wind Project, announced this month that it would withdraw from its property leases due to an ordinance that outright bans wind and solar projects. The Heatmap Pro dashboard lists 34 counties in Kansas that currently have restrictive ordinances or moratoria on renewables, most of which affect wind.
  • Osage County had already denied the Auburn Harvest project back in 2022, around when it passed the ban on new wind and solar projects. The developer’s withdrawal from its leases, then, is neither surprising nor sudden, but it is an example of how it can take to fully kill a project, even after it’s effectively dead.

2. Franklin County, Missouri – Hundreds of Franklin County residents showed up to a public meeting this week to hear about a $16 billion data center proposed in Pacific, Missouri, only for the city’s planning commission to announce that the issue had been tabled because the developer still hadn’t finalized its funding agreement.

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Q&A

Why Renewables Beat Fossil Fuels for Data Centers

Talking with Climate Power senior advisor Jesse Lee.

Jesse Lee.
Heatmap Illustration

For this week's Q&A I hopped on the phone with Jesse Lee, a senior advisor at the strategic communications organization Climate Power. Last week, his team released new polling showing that while voters oppose the construction of data centers powered by fossil fuels by a 16-point margin, that flips to a 25-point margin of support when the hypothetical data centers are powered by renewable energy sources instead.

I was eager to speak with Lee because of Heatmap’s own polling on this issue, as well as President Trump’s State of the Union this week, in which he pitched Americans on his negotiations with tech companies to provide their own power for data centers. Our conversation has been lightly edited for length and clarity.

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Spotlight

Data Center Support Plummets in Latest Heatmap Pro Poll

The proportion of voters who strongly oppose development grew by nearly 50%.

A data center and houses.
Heatmap Illustration/Getty Images

During his State of the Union address Tuesday night, President Donald Trump attempted to stanch the public’s bleeding support for building the data centers his administration says are necessary to beat China in the artificial intelligence race. With “many Americans” now “concerned that energy demand from AI data centers could unfairly drive up their electricity bills,” Trump said, he pledged to make major tech companies pay for new power plants to supply electricity to data centers.

New polling from energy intelligence platform Heatmap Pro shows just how dramatically and swiftly American voters are turning against data centers.

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