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Q&A

The Center for Biological Diversity’s Patrick Donnelly Responds to Critics

How the litigious environmental organization squares its opposition to some renewable energy projects with its support for rapid climate action

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Patrick Donnelly.
Heatmap Illustration/Center for Biological Diversity

Welcome to The Fight’s Q&A section where we’ll speak with the movers and shakers shaping every side of the debate over renewable energy deployment.

Today our subject is Patrick Donnelly, Great Basin director for the Center for Biological Diversity, an environmentalist organization at times on the plaintiff end of lawsuits against projects. I decided to speak with him about how his organization’s opposition to some projects squares with its support for rapid climate action.

The following is an abridged version of our conversation.

What would you say to someone who says the work you do is delaying climate action?

There’s a huge amount of projects in the pipeline, and it’s not likely that our level of intervention is going to materially affect the overall rollout of clean energy.

We [the U.S.] aren’t picking the right projects to pursue. No plan exists in the federal government for where that energy is going to come from, where we’re going to pick which projects to permit. And we have no filtering criteria for which to say, well, this is a good project and there’s so many problems with this project that it’s a really bad project and we shouldn’t permit.

Why do you think the government isn’t engaging organizations like CBD about which projects to pursue?

It’s not a legal obligation. It’s probably a moral obligation. If you’re going to go to 50% EVs or whatever, you better have a plan for where all the lithium is going to come from! There’s places with lower tribal conflicts, these are knowable things. We can do it next week. We also need to consolidate solar projects. There are millions of acres that don’t have tortoises on them. We have more than enough land. I could just pencil that out right now – it’s not that hard to find the least conflicts. The data exists.

But again, industry’s been in the driver’s seat. Industry’s said, we have this application and it needs to be processed because we brought it in.

So what you’re saying is, you’d sit with Jigar Shah and just plan it out?

If he asked me to come, I’d be in D.C. tomorrow. Absolutely. That’s what we want — let’s plan it out, and then I can go work on other things, y’know? I’d be happy to sue over that [other] stuff.

Absent this planning, which sounds nice but has not happened, proponents of permitting reform often cite CBD’s repeated opposition as a reason to pass legislation that could limit your ability to challenge projects. What do you think about how your actions now could impact your capacity to act in the future?

I think some level of permitting reform was inevitable. I don’t think anything in the permitting bill will cease our efforts. It will make it harder for sure. I think the biggest thing it will do is eliminate the ability for frontline communities to engage, so we’re looking at an undemocratic clean energy transition where you have technocrats making decisions for how people’s lives will play out. People in these rural communities feel like they’re under assault. Low income desert folks feel like their whole life is going to be turned upside down.

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Q&A

How to Channel Voters’ Anxieties About Data Centers

A conversation with the Guardrails Alliance’s Shaunna Thomas.

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The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.

After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.

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Hotspots

Consider the Lobstermen Affected by New York’s Empire Wind

Plus more of the week’s biggest development fights.

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The United States.
Heatmap Illustration/Getty Images

1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.

  • In late October, a family of lobstermen sued Equinor in federal court claiming the company’s compensatory mitigation program is failing to adequately make up for alleged negative impacts to lobster fishing grounds in the New York Bight. According to the lawsuit, the wind project irreparably hurt fishing in previously trafficked waters. The suit also claims that Empire Wind construction destroyed lobster fishing pots and seeks at least $75,000 in damages as well as punitive damages and attorneys’ fees.
  • The lawsuit is the first I have seen involving someone in aquaculture suing for damages over negative impacts of an already-constructed wind project, and it carries outsized implications as the Trump administration remands without vacatur the construction and operations plans for other offshore wind farms. This case is far from being decided, but that doesn’t matter: It is precisely the kind of complaint that Trump officials are likely to consider as they mull revisions to operational plans.
  • An Equinor spokesman declined to comment on the case, telling me they don’t speak on pending litigation.

2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.

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Spotlight

Data Center Developers Can’t Pay People Enough to Accept Them

Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.

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Donald Trump and data center protesters.
Heatmap Illustration/Getty Images

This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.

Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.

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