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A conversation with Rebecca Barel and Dan Cassata of Columbia

This week’s Q&A is a change of pace. I was contacted by two student researchers – Rebecca Barel and Dan Cassata – requesting to interview me for some policy and social science research they’ve been up to at Columbia University sponsored by the policy organization Clean Tomorrow.
Then it hit me like a ton of bricks: Wouldn’t it be neat if I interviewed academics engaging in this research about their experience doing this work in such a hostile political environment?
So I asked Rebecca and Dan if our conversation could wind up being a bit of a dialogue, instead of something one-sided. Much to my satisfaction, they agreed – and I wound up getting a lot more hopeful by the end of our talk than I was when it started.
Anywho, the following chat has been edited for clarity. Let’s take it away?
Tell me about your research project, first and foremost.
Dan: The project writ large, the central idea of it is there’s this suite of either policy or non-policy mechanisms we can use to take benefits that accrue from a renewables project and deliver them to a local community, as opposed to let’s say an extractive model. The project is trying to understand what that suite of tools look like and to what extent any of those tools have an influence on public opinion. You’ve done a lot of reporting on community backlash, community opposition. We’re trying to understand how much of this opposition is coming from this view: benefits aren’t coming to us, so why should we support this?
It feels like we can actually add value here. Sometimes when you do grad school research, you’re just putting stuff on paper to get a degree and not doing anything meaningful.
I wanted to talk about this with you because I love conversations with those who, like myself, are obsessed with this niche issue. Can you tell me more about the experience of researching conflicts in renewable energy development right now, amid the war on climate action and renewable energy generally? How does it feel to be doing this research at this time?
Rebecca: I can take that – I mean, in California specifically, one of the mechanisms was that the offshore wind leases are required to have community benefit agreements and a labor agreement. I had an interview with someone who’d written about this topic yesterday who said, quick question – where do you see this going? What’s happening now that Trump is so anti-offshore wind? And I said, That’s what I was going to ask you. Most of my research is at this point coming from Heatmap, because most of the mainstream news outlets aren’t concerned with these issues. They’re bogged down with the visa situations, and being at Columbia is an interesting experience right now.
Dan: Rebecca touched on this but to be more explicit – it is entirely up to the state governments. We’re not looking at the federal policies. That’s not to say there aren’t uncertainties that come with that, and federal incentives obviously matter. Whether or not a project is going to pencil depends on federal incentives. But focusing on the state level has created more of a lane where our work can still feel relevant and be completely overturned and what not.
I’d ask you, Jael – are they more or less confident about opposing projects now that Trump’s in office?
Maybe. There’s certainly some degree of emboldened opposition. I see that as a journalist and I wonder what place there is for the research you’re doing – I wonder how it will be used.
Dan: The dimensions on which some of this is happening is separate from the politics, and that’s a note of optimism from me I guess. You can structure things and it might not be as uniform and widespread as you would like but there are places where you can work and be effective.
Rebecca: I’d add the renewable energy debate, there’s a broader question of what will win out in America over the next few years. Money in pocket or charismatic propaganda that motivates how people vote and what people choose to back. I think we’re at a crux in that right now because of the tariffs but in Texas, generally, if you were to put the people in that area into a box – they might have MAGA hats but at the end of the day, they’re about the money in their pocket. That’s how we ordinarily think of American voters.
I feel like money in my pocket might win, but it’s going to take a while.
How much interest in your work have you seen from the private sector or public officials?
Dan: We’ve spoken to public commissioners at the county level. I had a call right before this conversation with someone from a state-level public service commission. Everyone gets back to us. I do think the private sector has been less engaged. I don’t know if that’s less of an interest though – I read it as the private sector not tending to talk about their work with folks like us very often. There’s not that much in it for them.
Dan: I’d like to ask you this Jael – does it feel like community engagement is a meaningful thing?
This edition of the newsletter will begin with a company accusing a township of soliciting a bribe after years of moving goalposts and redlines. I’m not that optimistic.
Where do you see policy being a solution in this circumstance?
Dan: Let’s take as a given that community benefit agreements work. The research – and what we’ve found – is that that’s not really a given. But they can work. And there are states like New York and California that have legislation that heavily incentivizes developers to go through this process of community engagement to qualify for tax credits or get permits. The reason that we are doing this research is because if you were able to have a case that this is really effective at improving projects and the speed of getting buy-in – we’d argue in our [eventual] report that this type of legislation should become more widespread.
If the conclusion is these things don’t seem to be impactful, then that’s where it justifies the case to look at this other suite of mechanisms that might be more helpful. For projects of a certain size, in New York for example, you can circumvent local zoning regulations and go through a state approval process.
The last thing I’ll ask: what gives you hope at this moment?
Dan: There’s obviously a lot of things that are going poorly right now when it comes to policy at the federal level on the energy transition. But I just think the ship has sailed – the boat might take longer to get there but the ship has left the port, and renewables are cost competitive if not cheaper than fossil energy.
Rebecca: There are people trying to do bad things and bad faith actors in power, but there are a lot of people trying really hard to make things better, and as long as there are people trying – there is a chance. It might take longer, and we might be slowed down, but for me what brings me hope is that every conversation I have with someone smart and capable and actively doing something to improve the environment, we’re not done yet.
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Things in Sulphur Springs are getting weird.
Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.
The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.
The mining company, Luminant, went bankrupt, resurfaced as a diversified energy company, and was acquired by power giant Vistra, which is refusing to budge on the terms of the land agreement. After sitting on Luminant’s land for years expecting it to be used for its intended purposes, the data center project’s sudden arrival appears to have really bothered Vistra, and with construction already underway, the company has gone as far as to send the town and the company a cease and desist.
This led Sulphur Springs to sue Vistra. According to a bevy of legal documents posted online by Jamie Mitchell, an activist fighting the data center, Sulphur Springs alleges that the terms of the agreement are void “for public policy,” claiming that land restrictions interfering with a municipality’s ability to provide “essential services” are invalid under prior court precedent in Texas. The lawsuit also claims that by holding the land for its own use, Vistra is violating state antitrust law by creating an “energy monopoly.” The energy company filed its own counterclaims, explicitly saying in a filing that Sulphur Springs was part of crafting this agreement and that “a deal is a deal.”
That’s where things get weird, because now Texas is investigating Luminant over the “energy monopoly” claim raised by the town. It’s hard not to see this as a pressure tactic to get the data center constructed.
In an amicus brief filed to the state court and posted online, Paxton’s office backs up the town’s claim that the land agreement against energy development violates the state’s antitrust law, the Texas Free Enterprise and Antitrust Act, contesting that the “at-issue restriction appears to be perpetual” and therefore illegally anti-competitive. The brief also urges the court not to dismiss the case before the state completes its investigation, which will undoubtedly lead to the release of numerous internal corporate documents.
“Sulphur Springs has alleged a pattern of restricting land with the potential for energy generation, with the effect of harming competition for energy generation generally, which would necessarily have the impact of increasing costs for both Sulphur Springs and Texas consumers generally,” the filing states. “Evaluating the competitive effects of Luminant’s deed restrictions as well as the harm to Texans generally is a fact-intensive matter that will require extensive discovery.”
The Texas attorney general’s office did not respond to multiple requests for comment on the matter. It’s worth noting that Paxton has officially entered the Republican Senate primary, challenging sitting U.S. Senator John Cornyn. Contrary to his position in this case, Paxton has positioned himself as a Big Tech antagonist and fought the state public utilities commission in pursuit of releasing data on the crypto mining industry’s energy use.
A solar developer gets into a forest fight in California, and more of the week’s top conflicts around renewables.
1. Sacramento County, California – A solar project has become a national symbol of the conflicts over large-scale renewables development in forested areas.
2. Sedgwick County, Kansas – I am eyeing this county to see whether a fight over a solar farm turns into a full-blown ban on future projects.
3. Montezuma County, Colorado – One southwest Colorado county is loosening restrictions on solar farms.
4. Putnam County, Indiana – An uproar over solar projects is now leading this county to say no to everything, indefinitely.
5. Kalamazoo County, Michigan – I’m eyeing yet another potential legal challenge against Michigan’s permitting reform efforts.
A conversation with Renee Grabe of Nature Forward
This week’s conversation is with Renee Grabe, a conservation advocate for the environmental group Nature Forward who is focused intently on data center development in Northern Virginia. I reached out to her for a fresh perspective on where data centers and renewable energy development fits in the Commonwealth amidst heightened frustration over land use and agricultural impacts, especially after this past election cycle. I thought her views on policy-making here were refreshingly nuanced.
This transcript was lightly edited for clarity.
Tell me more about how you started focusing on data centers.
So, in Fairfax County, in 2020 or 2021, people were pursuing the construction of an indoor ski facility on a landfill. From a climate perspective, to build something that would need to be cooled 24/7 for indoor skiing seemed like a very bad proposal in terms of energy usage. And for what kind of gain?
Then our friends at the Sierra Club were saying, indoor ski slopes? Bad, yes. But data centers? Way, way worse. Those aren’t cooling to support snow but are cooling much larger areas on a much larger scale, dwarfing the area of that one ski slope. This was around the time the Prince William Digital Gateway was showing up – they were saying all these acres of agricultural lands and single-family housing zones were about to be rezoned. This was a big deal, and Sierra Club led the way in opening our eyes to this. The rezoning ultimately passed. The data centers were sued and the people who filed the lawsuit won, but pre-planning for the centers is still allowed to take place.
The way we think about the impacts of data centers, besides the loss of natural lands and the amount of energy that’s going to be needed to power these things, has been diesel generators. These are the things that are backup generation and the camel’s nose under the tent is trying to get them to be primary power.
Now I want to ask you a provocative question: is there any middle ground between letting these projects be built unfettered and outright bans on their development?
We have no regulation today. From our standpoint, these things are coming, they’re here. We know a lot more now than we did in 2022. As we make decisions about how and where to build these facilities we all need – I mean we’re using one right now. I use a data center all day at work. Teams conferencing. ChatGPT to answer a question. We need these. So if we’re going to build them, let’s not give a pass to some of the world’s largest and richest companies. Let’s ask them to put the guardrails on to protect our residences and our infrastructure to make sure they’re as sustainable as possible.
Okay, so what are the guardrails then?
The costs of what was going to go into a data center need to be more transparent. We need to bring accountability to the forefront right away as they’re being built.
In Ohio, they passed a law requiring data center companies to pay for a high percentage of the power they’re using. That cut a significant number of the projects in Ohio. This industry is so speculative and a land grab and a rush to be first to get the most.
You have this dichotomy of land values for residences being inundated, while land values for developers are skyrocketing. We have an affordability crisis going on and we are all on the hook for paying for the infrastructure to power these things.
So when you think about what regulation might make data center development more reasonable, it’s asking for the costs happening to be borne by the industry making them. Let’s get rid of some of the incentives for power users. We don’t need to be encouraging the loss of state revenue, either – we’re leaving money on the table to bring these facilities here.
Lastly, our readers love to get hyperlocal. I know you’re intently focused on Fairfax County right now which has been a big part of the data center boom in Virginia – what’s happening there?
There are a couple things that have happened over the course of this past year. Fairfax County passed a data center zoning ordinance amendment – minimum requirements a data center will have to adhere to. The big thing with that one is, you have to have a special exception if you build within a mile of a Metro station. When you think about good land use and building a data center within a walkable distance of a Metro, that’s eye-openingly poor land use policy and a missed opportunity for transit-oriented development. It doesn’t mean they can’t be built near one but you have to get a special exception.
Some things can’t be regulated at the local level. Like generators. That’s in the hands of the state.
Last night, we had a public hearing at the Fairfax County board level for our policy plan – our comprehensive plan providing guidance for developers who want to get a special exception or rezoning. It is not law. It is not required. It is a visionary document that helps us get to better. They’ve added a section for data centers in that. In May, staff put forward something pretty good, making sure data centers met a minimum level of efficiency. But our chairman of the county board said it went above and beyond our zoning ordinance and said he didn’t think it was appropriate, so staff rewrote that section and stripped out a lot of the specificity and higher standards that were in that document.
At the hearing, they deferred a decision, listening to the public but not having a discussion at the board level. They’ve left the record open through December 9th.