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A conversation with Jason Clark, former chief strategy officer for American Clean Power

With the election approaching, I wanted to talk to the smartest person I could find to explain how the election could affect the Inflation Reduction Act and ultimately renewable energy development. So I hit up Jason Clark, who was until recently chief strategy officer for American Clean Power during passage of the Inflation Reduction Act and the first years of IRS guidance.
Clark, who has started energy policy consulting firm Power Brief, put together a risk profile for every major IRA program in the event of unified Republican control in Washington. I talked to him about the risk analysis, what programs are most at risk, and whether we should care about oil companies supporting some parts of the law.
Why did you do this?
I spent the last six months traveling the world and during that time, I was blissfully tuned out on politics. Now that I’m back in D.C., and given how consequential this election is going to be – suffice it to say, I’m tuned back in.
I was close to the IRA drafting process – I’m familiar with the underlying bill and also how the government thinks about the programs. I recently started a company, Power Brief, that marries my love for clean energy policy and my old consulting habits: pretty visuals and PowerPoints. And looking at what might happen to the IRA felt like THE big thing happening in the space right now, so I wanted to dive deeper.
A lot of the content has been “will they/won’t they” analysis. How much do Republicans feel strongly about this bill overall? How much passion would Trump have for pushing for a full repeal? It’s been out there. But this is so complicated and has so many moving parts. I wanted to try and capture both the political reality for some of these programs and also the very practical reality of how the government thinks about the cost of these programs. The fact it can all be contained in one visual is to help people who care about climate policy and want to really understand what may happen depending on how the election turns out.
We know Congress is going to take a stab at a new tax bill next year. I’ve written about how the IRA would be targeted in that situation. Can you help our readers understand why these programs would be vulnerable in tax talks?
Classic partisan politics in D.C. By the nature of using reconciliation, the IRA was ultimately purely Democratic-led and that automatically paints it with a certain color. I think that [former] President Trump has been very unshy about criticizing the IRA, and when he doesn’t use the IRA moniker, he uses different monikers thereof. And people are going to be looking for the easiest path [to money to extend the Trump-era tax cuts].
What I don’t think is that it’ll be thrown out entirely. We’ve seen members of the House and Senate express support for parts of it–
Republicans?
Correct. There was a letter from 18 House Republicans to the [House] Speaker [Mike Johnson] saying we shouldn’t just throw this out, we should really look at it. And I think that there’s a lot of people who look at where the investment from the IRA is flowing – a lot of the dollars are going to Republican-controlled states and districts. Yes, that may insulate the whole bill from repeal outright but a lot of that is announced investment but hasn’t turned into steel on the ground and jobs yet.
So your chart singles out EV tax credits as most vulnerable to repeal. Why?
The universe of electric vehicle tax credits is fully at risk. We’ve seen it from Republican voters – constituents! – who feel that EVs are just some type of government mandated, this is some car you have to buy. But it also happens to be very, very expensive. When the Joint Committee on Taxation (JCT} crunches the numbers about what this is going to cost between now and 10 years from now, it’s one of the most expensive portions of the legislation. So when you look at it and ask how much is it going to cost to ax this and give us the most savings in the tax code? You get this.
The IRA didn’t create these credits though. It simply expanded them. You think the entire credit could go away in a Republican trifecta?
I think the entire EV tax credit.
Okay. So next up on the chopping block per your chart is the renewable energy investment tax credit, or ITC. Why?
“Both the ITC and the PTC [production tax credit] when they shift into this new tech neutral paradigm have the same risk profile. For these, I don’t think it’s necessarily going to be a full repeal. I think the data about how much money is going into Republican districts is legitimate, and I think it will materialize. But there’s many spectrums of levers that someone can pull.
The tech neutral credit doesn’t end on a certain calendar year date. It ends when the U.S. sector hits a certain emissions target. The credit continues until that moment in time. One way to make the credit look less expensive on paper is to say, no, we are going to end it at a certain point. Take 2030 or 2032. You could codify a timeline on it, so the JCT won’t score the out-years on how expensive the credit is going to be. That is one version of it.
Another version of it is that there’s a base credit and then there’s added layers, like wage requirements or low-income area benefits. And that’s another thing you could pull to say, look, we’re not going to do that anymore.
What would be the impact on developers?
I don’t think a lot of folks appreciate just how long range some of this planning is, how long it takes to permit something, how long it takes to figure out the interconnection queue.
Companies aren’t thinking what are we going to build this year – they’re thinking what will be put online in 2035. So if the government changes the stability of that, companies start to pull back and say hey, let’s not go too crazy in the outyears. Baseline? It means fewer clean energy projects come online. The industry has been banking on a certain level of certainty to plan against. Any shockwave against that and some companies are going to look and ask if they have the assurance to move forward with this or not.
Okay well, candidly, to that I say: woof. So okay, your chart labels the PTC and energy efficiency credits as vulnerable. Why are they at risk if they cost less than other programs?
There are going to be certain things where the dollars and cents lose out to the political policy realities. On energy efficiency, it would be easy to make that whole category a continuation over the fight on gas stoves or heat pumps and frame them as tax credits for wealthy people to do expensive stuff on their homes, costing the rest of the country. I don’t think it’s as much of a kitchen table conversation per se but it’s up there. Even if it doesn’t save them that much money, it does face the risk of being that low-hanging fruit.
Well, alrighty then. What about 45X? That’s pretty crucial to many manufacturers out there today.
I think both Democrats and Republicans can stand behind more domestic manufacturing coming to the United States. That’s something that is a bipartisan consensus and reducing that, harming that, will pose a liability for politicians. Now similarly, you could shorten the window and amounts, but at the end of the day, it’s a lot more politically resilient despite being seen as the most expensive part of what was included in the IRA.
You ranked about half of the IRA’s programs – hydrogen, carbon capture, sustainable aviation fuels, and more – as being both low cost and at low risk for repeal. Why?
What they benefit from is a greater resonance with Republican policymakers. Carbon capture and sequestration, sustainable aviation fuels and biofuels, hydrogen – all of these things get more of a shrug with Republicans when you talk to them. And that is why you see major oil and gas groups come out and say, hey, let’s not repeal the whole IRA.
But repealing the programs at risk while keeping these other programs… how would that outcome impact the pace of decarbonization?
Drastically. It would effectively remove the economic premise for all future renewable energy generation. It gets rid of a key driver of the shift toward electric vehicles. I think if you repealed everything in the red, then I think what you’ve done is you’ve gotten rid of all the reasons capital is pouring money into renewable energy projects and storage right now. In that scenario you’d see a drastic slowdown in climate ambitions in the electric power sector and also the EV transition that’s been happening.
So… the oil companies telling Trump to keep some of the IRA is a cold comfort, then?
Knowing it doesn’t go away fully is a cold comfort looking at this risk analysis.
What did this exercise teach you about the IRA?
I think that a lot of the net benefit of the decarbonization that translates to jobs and economic development is really, really close, and a lot of what is in the IRA would be lower risk if more of that had been pushed through faster. I think implementation and the natural barriers of the lack of transmission, siting and permitting challenges… There's a confluence of things that make it hard to quickly double the size of the sector but a lot of stuff is coming. But there’s capital behind it, plans behind it, and I think they’re going to build a lot more. As they do that, the sentiment is going to change behind it, but we have to get to that promised land first.
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A conversation with Emma Uridge of the Kansas Health Institute.
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.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
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.
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.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.
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.
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.)
Earlier this year, the LLC overseeing the project — itself named Townsite Solar 2 — notified the city that it would change tack and instead construct a large data center on the site. There would be no new power generation installed — rather, the facility would hook up directly to an existing substation. This time, the backlash was immediate and fierce, and led Boulder City’s planning commission to reject the data center within city limits.
Quietly, Townsite Solar 2 had prepared a backup plan: The project would shift to federal land that was already approved to use for the second phase of the solar farm. It wasn’t until early July that the Boulder City government and its residents learned that BLM had given Townsite Solar 2 permission to advance the data center without any new public hearings or comment periods. According to BLM, the data center would be essentially like a solar farm, so it wouldn’t require any new review.
“The BLM concluded that the new proposed action — a data center — is essentially the same,” city government attorney Brittany Walker told the Boulder City council at a July 14 public hearing. “This is a departure from previous precedent and procedure as the BLM essentially sweepingly approved a new land use without following processes in federal law.”
Boulder City is now fighting the federal assessment. Walker claimed at the July 14 hearing they weren’t notified ahead of time that Townsite Solar 2 would be so quickly approved and built on this parcel of federal acreage, a form of government-to-government communication often required under federal land use planning statutes.
Mystery continues to swirl around what BLM did here — and how Townsite Solar 2 got the agency to do it.
Nada Culver, who served as No. 2 at BLM under the Biden administration, told me that BLM had veered from the usual course of business in approving this data center. Consulting local governments before a decision is made “sits at the heart” of the Federal Land Management and Policy Act, which is the primary statute governing BLM’s land use decision-making, she said. Both that law and the National Environmental Policy Act are “supposed to involve the government actually looking at environmental impacts and sharing them. so it’s not responsible or arguably even legal for the BLM to say, ‘We aren’t going to look at those impacts or share them with the public,” she added.
Boulder City officials have said this is the first major data center approval on federal lands, to their knowledge. Culver told me she believed that to be true, and hadn’t heard of such a thing happening before. “This isn’t a niche BLM issue, so to try and say this is just another use when we’re all surrounded with this loud discussion at the national level about data centers is particularly stark.”
Patrick Donnelly of the Center for Biological Diversity told me his organization and the Sierra Club, another legacy conservation group, are planning a separate legal challenge, one they say is intended to stop more such swaps from happening. Donnelly noted that at least two more data center projects — both powered by on-site gas — are poised to start the federal permitting process at any moment, according to the BLM’s online materials.
“This is the first one, and it’s going to set the stage for these things on public lands, and we can’t let this happen,” he told me.
The timing of this fight couldn’t be worse for the Trump White House, as officials try to pivot towards a “feel your pain” message ahead of the 2026 midterm elections. On Thursday, utilities and data center developers joined Trump cabinet officials at the Environmental Protection Agency for a joint event promoting the administration’s Ratepayer Protection Pledge, a voluntary set of industry practices geared toward ensuring the cost of AI infrastructure isn’t borne by those living near it.
With the BLM’s decision to advance the data center on federal land, Boulder City will lose an estimated $2.3 million in annual leasing and taxation revenue that it would’ve received if the project were built on city land, according to the Las Vegas Review-Journal. If the project is built on BLM land, Boulder City officials have said they’ll still be forced to front the cost for water and sewage hookup to the facility, as well as road maintenance.
Townsite Solar 2 told me in an unattributed statement that it wants Boulder City “to receive the greatest possible revenue and contribution benefits from the project, regardless of siting on federally-owned or city-owned land.”
“TS2 wants the project to provide meaningful, measurable benefits for Boulder City residents, local businesses, and the broader community. Our goal is to develop a responsible, sustainable project that Boulder City can be proud of and that can serve as a national model.”
The people I talked to for this story were largely flummoxed at BLM’s determination that the data center would be “essentially like” the solar farm that was approved in 2023. “These are two unrelated projects,” Culver told me. “I find it very hard to see how this would not trigger the need for a new analysis or public engagement.”
BLM’s logic made my head hurt, too. Among other things, the agency said “both proposals will use the exact same location, same acreage, and same perimeter,” and “both are proposals for industrial uses that will operationalize cutting-edge technologies that are predominantly electrical and solid state in nature.” The agency also claimed the data center was just like the solar farm because construction would take approximately the same amount of time, and would involve facilities and changes that “are visually geometric and less than 30 feet in height.”
You could describe a data center this way, but you could also describe any other number of things this way: a grocery store, a factory, a rollercoaster.
When I asked BLM for comment, a spokesperson simply sent me back the text used in the press release announcing Townsite Solar 2’s data center approval. A press representative for Townsite Solar 2 declined to provide details about who handled government affairs for the data center project, except to say that it hadn’t hired any federal lobbyists.
Some of Trump’s loudest critics told me they think this deal happened because Arevon, a joint partner described as a key financier in the project’s application with Boulder City, hired lobbyists with The Bernhardt Group, a government relations firm created last year by former Trump Interior Secretary David Bernhardt. Arevon hired the firm around the same time Townsite Solar 2 initiated the process to use the federal land for the data center, according to federal disclosures.
I have a history with Bernhardt. After leaving the Trump administration in 2021, Bernhardt went on to run the Trumpworld think tank America First Policy Institute and released a tell-all book, You Report to Me, that called for the bureaucracy to stand down against — as he put it to me — “the interests of the executive.” (I interviewed him around the time of its publication, after which he gave me an unsolicited copy of the book that I keep at my bedside as a form of dark humor.)
These days Bernhardt’s firm represents oil interests, including energy companies, mining, and large-scale agricultural interests that use lots of water (think: almonds). But it’s also pitching itself to the AI energy commentariat. In May, the former Interior secretary authored an op-ed in The Washington Examiner calling for rapid investment in U.S. artificial intelligence infrastructure. He then took to right-wing TV network Newsmax to promote the column, arguing that people fighting to stop data centers were just trying to “oppose the president’s vision for energy dominance.”
It would be easy to point at these federal disclosures and online comments and claim this bizarre data center land use swap is the work of a familiar Trump-era boogeyan. Except Arevon was effusive to me in saying that is not what happened here. In a statement, the company said that it’s a passive member of the joint venture, holds less than 25% ownership stake, and has “not directly hired consultants or lobbyists for this project.”
I didn’t get a response from Overwatch, a data center engineering and design firm contracted to help with the project. Overwatch does have a director of government affairs, but their hire was announced months after the application would have been submitted to BLM.
This leaves us sleuths to conclude the likeliest reason this happened is also the most obvious one: Trump just wants data centers on federal lands, and this was a way to make that happen. What happens next will have enormous implications for the future of data center development and federal land use in the United States, especially if more companies facing federal permit stonewalling seek to turn their solar farm permits into permission to build AI infrastructure.