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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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Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.
This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?
The following conversation was lightly edited for clarity.
Let’s start with the updates. Walk me through what’s new in your research.
So, we published two-year reports that detail renewable energy opposition across the United States; one is our report we’ve published since 2021 and it’s a new edition, and the other is an update of a report we published a few years ago on false claims about renewable energy where we highlight the misinformed used against projects.
This year’s local opposition report found local opposition continues to be widespread and really endemic. There’s been opposition to renewable energy development in every state across the country and we’re seeing it still have a real impact on whether projects get built. But there are small glimmers of hope. We identified 70 new state and local restrictions, which was a decline from previous years — that’s notable.
In select states where there have been a lot of these local restrictions, we’ve seen a drop off, like in Michigan after they enacted their state siting law. These are encouraging signs, and obviously it’s still early days, but it shows some of these state reforms are having a positive impact.
How is data center opposition coming up in your research?
Our reports do not track opposition to data center development. But we do certainly hear anecdotally that debates over data center development are spilling over into debates over renewable energy and battery storage. Often, local communities express concern that these new projects are just being built to power data centers — in some cases when there’s no connection at all, really. But I don’t have data on that link.
You said the law Michigan enacted might be working. Do you know if these laws limiting local opposition actually help with fighting renewable energy opponents, or are they engendering their own backlashes that undermine their effectiveness?
I think it’s too early to say the impacts they’ll have over the medium to long term. In the near term, many of the laws have been successful in accelerating the permitting of renewable energy projects or making it easier for them to be approved. Recent data out of New York shows that many of the projects that have gone through the new siting process are being approved — they’re still fairly long but they’re consistent which is good for development. In other places we’ve seen efforts to limit local government’s ability to adopt restrictions on renewable energy development, like Illinois and Michigan.
Those laws are relatively new, but the data we have shows that drop-off. It suggests the intended effect. But we need more time to know how effective they are and some of those laws have been getting quite a bit of pushback. There’s been a myriad of bills enacted in state legislatures across the country that would roll back those recent reforms or impose new restrictions on renewable development.
How much does the coming midterm election matter for the future of opposition to renewable energy?
I do think the next election will have important implications on whether we continue to see the ever-growing number of state level restrictions adopted or if we see a shift there.
Even if we see a shift in the composition of legislatures, I do think we’ll continue to see community opposition in many places to these projects. We shouldn’t ignore that developing a solar or wind project does have impacts on the local community and so developers really need to take steps to mitigate and manage those impacts.
If they don’t they’ll face the opposition, and even if they are they may face it because of misinformation around these projects.
My last question is, to what extent did the repeal of the IRA impact the ability for local opposition to kill projects in the crib?
I can’t say that definitively. I certainly don’t have the data that would support that sort of claim. And we don’t track that, specifically.
But often, groups that are opposed to renewable energy development will express concerns about the costs of projects or emphasize projects may not be viable without government subsidies. So the rollback of tax credits under the IRA plays into that argument. Of course when you look at the data, renewable energy projects are cheaper and the argument doesn’t hold muster.
But it’s an argument we regularly see pushed by opposition groups. That is how we have seen the IRA repeal affect this.
A developer sues an Arkansas paper, plus more of the week’s biggest development fights.
1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.
2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?
3. Loudon County, Virginia – Data Center Alley is giving us our first real glimpse of what data center legislating could look like if Democrats control at least one chamber of Congress.
4. Lane County, Oregon – The second largest city in Oregon is now turning down data centers, just as the governor starts saying no to anything on state land.
What we’ll be watching for on election night.
It’s almost fall 2026 and you know what means: It’s time to figure out the must-watch midterm races amidst the data center backlash.
I’ve spent the past week pulling together a list of the top five congressional races worth watching as bellwethers for the impacts of the data center backlash in the American electorate. This list has three U.S. House races where Republicans are defending seats, one where a House Democrat is defending their seat, and the Senate race many of you are probably most thinking about anyway. Think of it as a tipsheet.
Before we begin, a crucial theme I picked up reviewing the data: The AI infrastructure backlash will almost assuredly be most painful for sitting House Republicans crucial to deciding the future of the lower chamber of Congress.
Very few House Democrats are defending seats in challenging contests. As I’ll explain, at least one of the elected Democrats that would otherwise be most vulnerable in this year’s election cycle — Rep. Marcy Kaptur in Ohio — has already positioned themselves way out ahead on this issue. This means what we’re left with is simply a long list of incumbent GOP lawmakers with votes supporting data centers that newcomer challengers can call out. My best anecdotal comparison in recent history is anger over Covid-19 school closures helping oust incumbent Democrats in Virginia way back in 2021, but expanded to a national scale.
House races strike a balance between nationalized issues (gas prices, federal AI support) and local fights over land use and nearby resource draws like water or power, so this shouldn’t be a surprise. But it is a pivotal trend to remember as we approach Election Day.
The most important data center-centric race for Congress is a rare case where it’s also the one receiving the most media attention: Will Lawrence, a Democrat, versus Republican CongressmanTom Barrett.
To quickly set the scene, this race is happening in Michigan’s 7th District — an agriculture-heavy area of central Michigan I personally know quite well because of its proximity to the college town of Lansing. The district includes what Heatmap Pro clearly shows are multiple challenging areas for any sort of large-scale AI or energy infrastructure, including both Ingham and Clinton County.
Enter Will Lawrence, a cofounder of the Sunrise Movement, who made data center opposition core to his campaign by backing a federal moratorium in early 2026. It was the first issue he highlighted in primary campaign ads and many credit the stance for his surprise upset victory over establishment favorite and former Navy SEAL Matt Maasdam. This week, Democratic gubernatorial candidate Jocelyn Benson backed a statewide moratorium on new projects if she won. It’s hard to think that would ever happen without Lawrence’s victory.
Lawrence’s incumbent opponent is Rep. Tom Barrett, who over this summer introduced two bills signaling a more aggressive stance on the issue — one that would block federal agencies from overriding local zoning decisions and another banning members of Congress from signing NDAs related to data centers. I do not think these bills will do much on the campaign trail to help him; neither one would actually stop any data centers in Michigan or elsewhere, as both policies address hypothetical cases we’ve not seen before.
Cook Political Report scores this race as a Toss-Up.
In Pennsylvania, you’ll find a race pivotal for control of Congress — and future Republican responses to the data center backlash writ large.
When it comes to the GOP members responding earnestly to the backlash against data centers, you can’t find a better example than Rep. Rob Bresnahan Jr., who represents the Keystone State’s 8th congressional district. This area in Pennsylvania’s northeast corner is filled with traditionally moderate suburbs as well as current and former fossil fuel industry communities. Bresnahan won his seat in the last election cycle, defeating former Democratic Rep. Matt Cartwright, an elected official I best knew as one of the biggest champions in Congress for cleaning up former gas and mine developments areas.
Bresnahan Jr. is running against Paige Cognetti, the Democratic mayor of Scranton, who is running ads comparing data centers to the legacy of unremediated fossil fuel projects. It’s a clear ploy to use data centers as a signal to voters this newly elected Republican could be straying away from what used to be the norm for the area’s representative in the U.S. House.
“Big companies have come before, taken what they wanted, and left us with their mess to clean up. Now its data centers,” states one Cognetti ad released last month.
Unlike other Republicans in Congress facing data center scrutiny, this GOP freshman acted quickly to introduce legislation supporting communities fighting data centers. In June, Bresnahan put forward a bill that would block federal agencies from permitting new data centers if they were rejected by their host local governments and enjoin federal legal action against towns or counties that deny data centers if they met certain standards for the rejection. It’s a far more aggressive stance than Trump’s Ratepayer Protection Pledge and marks one of the most significant anti-data center bills ever introduced into Congress.
Cook Political Report scores this race as a Toss-Up.
Can an incumbent Democrat protect herself in one of the reddest congressional districts in the country by railing against data centers?
Rep. Marcy Kaptur is someone whose profile I know quite well because she was the first member of Congress I ever interviewed back in 2017. For many years, she’s represented a district on the rim of Lake Erie, and she’s long been the top Democrat on the House Energy-Water Appropriations Subcommittee. In her district, she’s best known for portraying herself as a tooth-and-nail fighter for union labor in a blue collar Ohio congressional district often redrawn by the state’s GOP leadership to be harder each and every cycle. Thanks to her policy chops and moderate positions on other issues, she keeps beating the odds every election, kind of like a Democratic answer to Susan Collins.
This year, Kaptur’s seat is one of the most important for Democrats to defend in the midterms to regain control of the lower chamber. She clearly believes her opponent, State Rep. Derrick Merrin, has a potential political liability in a 2017 vote for data center tax breaks in Ohio. So she’s been making great hay of this issue for a while.
“Will our building trades be true partners in economic growth or temporary labor while facing higher utility bills at home?” Kaptur said on the House floor last December, long before the backlash to AI hyperscalers was a national conversation.
Should Kaptur win with this strategy, and if Democrats retake the House, I expect she will suddenly become one of the most important members in Congress on data center policy thanks to her subcommittee slot.
Cook Political Report scores this race as a Toss-Up.
On Election Night this November, I’ll be watching this race most closely to know if it’ll be an early night — and whether the entire data center sector’s in for a world of hurt.
This Richmond-area congressional brawl is between a historically overperforming incumbent in Rob Wittman, a five term Republican elected in the Bush era, and Henrico County prosecutor Shannon Taylor, a Democrat who won her primary earlier this year over a candidate that supported a federal data center moratorium. Taylor is still critical of the data center sector though, focusing on fighting any increased water and energy cost from facility operations.
Wittman has said voters have “legitimate concerns” about data centers and cosponsored the House version of the Ratepayer Protection Act, which would codify Trump’s pledge into law. Asked this week whether he’d support a data center moratorium, Wittman pivoted to the bill he backed instead. “I support putting guardrails on these data centers. Ultimately, these are local decisions and decisions of states,” he told a local ABC affiliate, adding he also wants to see facilities reduce water use. Wittman concluded, “Ultimately, it’ll be a local decision, but yes there is a federal role for that.”
Between their shared skepticism of a national data center moratorium and wanting companies to pay for what they build, there doesn’t seem to be much difference between the two candidates’ positions.. So where’s the contrast?
The difference is in the attack ads. The Democratic Congressional Campaign Committee is making data centers a key part of this contest among many others, calling on allied political action committees to specifically make negative ads in Richmond and Norfolk media markets calling out past support for data center tax breaks. Unlike Wittman, Taylor has no tangible record of past support for these projects like explicit statutory support. So on Election Night, because Virginia closes voting early, this race will be my must-watch contest to know how dire not only Republicans’ chances are but more importantly, the data center sector.
Cook Political Report rates it Lean R, noting Wittman has a history of “overperforming politically.” Abigail Spanberger won the district last year.
I only picked one Senate race for this list, because like Virginia’s 1st, the fortunes of the data center sector in this election cycle clearly ride on the Texas Senate race.
Sure, the Lone Star gubernatorial is just as important. Yes, other Senate races are positioned around data centers, like Sherrod Brown vs. Sen. Jon Husted in Ohio and Abdul El-Sayed vs. Mike Rogers in Michigan. But no other contest is as clear of a bellwether for the entire midterm election because Texas is the data center destination in the nation.
On policy, Talarico is running on the mean average anti-data center stance: requiring companies to pay for what they need. It’s fairly boilerplate. Meanwhile, Paxton’s plan is a hodgepodge: it leans heavily on support for Gov. Greg Abbott’s clampdown-in-progress on the industry. He also calls for banning Chinese technology from being used in American data centers or to power them and says he’d support legislation speeding up permits for power to AI hyperscalers.
At the Republican Party convention in Texas this week, Paxton voiced support in an interview with Bloomberg TV for Abbott slowing down development in the state. He also said the country needed data centers because “if we don’t have data centers, we’re going to have trouble with China.” Asked whether he’d support legislation in the Senate that would put “restrictions” on data center development, Paxton offered a confusing answer that refused to say yes or no.
“There’s no bill, obviously, so it’s a hypothe– that’s so — I don’t know what the bill’s going to look like. You could have a data center [bill] drafted one thousand different ways. I would have to look at the bill and then I’d go back to my constituents and say hey, does this address what you’re worried about?” he said.
There’s a good reason reporters are asking. Earlier this year, a Washington Star report highlighted that Hood County requested Ken Paxton as attorney general intervene against a data center development and he did not respond. The issue became a serious campaign spat this past week, too, with Talarico telling CBS News he “just ghosted” the county.
Unlike Virginia, we haven’t seen the data center attack ads pop up… yet. If what’s happening elsewhere in the country is a prologue, I expect them to. Cook Political Report rates this race a Toss-Up and recently polling from their outfit found collapsing GOP support amongst Hispanic voters in the state.