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Renewable and pipeline companies alike have come out against the administration’s attempt to leverage an obscure Cold War-era law.

The Trump administration is considering changing its interpretation of an obscure law related to farmland ownership to transform it into a national security instrument with profound impacts for U.S. renewables projects — and fossil fuels. U.S. energy developers and their trade groups are ringing alarms about the plan, arguing that Trump may be about to undermine their relationships with international investors in allied nations.
For the past week, I’ve been hearing anxious rumbling from contacts in D.C. about a proposed regulation from the Agriculture Department published on June 26. The plan has gotten little attention so far outside of energy trade publications and wonk analysis. Pay no mind to the relative quiet — anyone working in energy development needs to know what’s at stake. Explaining why this is sending D.C. energy lobbyists into a tizzy gets complicated quickly, so bear with me. But the easiest way to sum it up is a fear of death by a thousand cuts.
The administration’s proposal would morph USDA’s approach to the Agricultural Foreign Investment Disclosure Act of 1978, often referred to in legal circles by the acronym AFIDA. This Cold War-era statute created a system for collecting information on farmland owned by people or entities born, headquartered, or otherwise governed by laws outside of the United States, requiring people or companies labeled “foreign persons” to disclose land holdings and transactions to the federal government.
As I reported Monday, Senate Democrats claim the department is proposing to expand the definition of “agricultural land” to include all solar and wind projects, as well as pipelines. I’ve since confirmed this is true, as stated in a supplemental document released by USDA. But there’s a lot more causing companies headaches. The plan would drastically expand the pool of entities and people required to report to USDA by lowering the minimum foreign investment threshold for reporting, compel information on rights of ways when it wasn’t asked for before, and force companies to do detailed geospatial mapping of farmland.
You may not have heard of AFIDA, but security hawks in D.C. and the most affected multi-national companies have been agitating to reform the law for years. Their concerns have focused primarily on Chinese firms and the agriculture sector. In 2022, Republicans in Congress anxious about Chinese companies purchasing farmland near military bases requested an independent Government Accountability Office audit of AFIDA compliance. Two years later, the watchdog office found the law was falling significantly short of its stated objective to track relevant land transactions.
Representatives from the energy sector tell me the actual proposed changes would create a severe red tape headache for developers of all stripes.
Over the past week, almost every major industry trade group in renewables and fossil fuels has filed a comment excoriating the plan, with even some oil and gas allies such as the Western Energy Alliance calling for it to be thrown onto the trash heap. The American Petroleum Institute and Interstate Natural Gas Association of America told the USDA that the plan would “chill foreign investment in U.S. energy infrastructure and increase the cost of capital for pipeline projects with no benefit to national security.”
Meanwhile, renewable energy industry representatives seemed particularly frightened by the proposal given existing financial relationships with investors, parent companies, and business partners in U.S.-aligned nations. American Clean Power said it would burden “good faith, low-risk filers from allied countries,” while the Solar Energy Industries Association said the proposal warranted “a full withdrawal” as it had “unintended national security consequences and [would] unnecessarily expose business sensitive information.”
So far, only one large publicly-traded renewables company has commented with criticisms of the proposal: EDP Renewables North America, a subsidiary of a Portuguese company. “We respectfully urge USDA to carefully weigh the compliance burdens imposed by each proposed change against the incremental national security benefit it provides,” wrote Tom LoTurco, an executive vice president for EDP Renewables North America.
Those calling for reform have wanted to streamline the filing process, not add even more bureaucracy. “Solar and wind, they’ve long been considered agricultural land users. But under this rule, costs are going to go way up,” Jeff Hunter, an attorney with Kelley Drye and Warren LLP, told me. “It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.” Hunter represents the AFIDA Modernization Coalition, an ad hoc coalition of companies that routinely file under the law. Hunter said the coalition includes founders Invenergy and Doral Renewables, both of which have substantial renewables investments in the U.S. as well as investment originating from other countries.
“It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.”
Many large renewable energy companies have substantial foreign investment because of the European trend towards ESG-minded financing practices, Hunter added. The law was already on developers’ radars, but this proposal presents a wholly different regime.
As Trump re-entered office, it was reasonable to expect his administration would attempt to “protect farmland” from renewable energy development given the issue’s salience in deep red rural pockets of his supporter base. Still, when the Agriculture Department last May released a “National Farm Security Action Plan” stating that it would change AFIDA regulations, I didn’t think much of it. The plan didn’t mention the energy sector at all.
In December USDA solicited public comments on ways to change the rules, but it was a sleepy affair with little conflict involving renewables or anything else. Even the Center for Regulatory Freedom, a conservative policy shop created by the political organization CPAC, sought changes while emphasizing the “United States benefits from foreign capital in agriculture, renewable energy, and rural development, and AFIDA should not become a blunt instrument that discourages lawful and economically beneficial transactions.”
All this is to say, nobody seemed to anticipate the bomb USDA suddenly dropped on the energy industry.
The plan may change between proposal and implementation. But so far only one organization I know of is focused on ensuring that solar and wind are targeted under the new rulemaking: the America First Policy Institute, a Trump-aligned think tank co-founded by Brooke Rollins, the current Secretary of Agriculture. In comments filed by AFPI’s Adam Savit, the conservative think tank recommended the government preserve “the inclusion of solar and wind generation on agricultural land” because it “prevents the conversion of reportable land into unreportable land through a change in use.” The group’s comments did not address the rule’s references to pipelines.
I asked AFPI to ask if it had any additional comment on the rulemaking, and specifically if it had any view on the new definition for agricultural land. In a statement provided by the think tank, its senior director for China policy Piero Tozzi told me that “the proposed change is necessary to address who owns the land and what control it gives the owner.”
“The current reporting framework for foreign acquisition of American farmland before land was understood as a potential strategic perch for foreign adversaries,” Tozzi said.
The Agriculture Department rarely comments on public input received on proposed rulemakings and did not respond to a request for comment for this story. On Monday, the agency sent me the following statement in response to the Senate Democrats’ claims: “As Secretary Rollins has noted before, the regulations governing the Agricultural Foreign Investment Disclosure Act of 1978 are extremely outdated and need to be updated to better reflect today’s conditions. USDA looks forward to considering all public comments before finalizing the rule.”
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Talking with Arnab Pal, the executive director of Deploy Action.
This week’s conversation is with Arnab Pal, executive director of Deploy Action, president of Clean Infrastructure Advisors, and former principal advisor at the Energy Department’s Loan Programs Office under the Biden administration alongside Jigar Shah.
I reached out to Pal for guidance on where he saw state-level policy going around renewables development after the 2026 blue wave election. Simply put, few could’ve provided better guidance. We have no idea what could happen next after an unprecedented election result, but he couldn’t have been more clear-eyed and, as he put it to me, focused on the future. I appreciated our conversation and decided it was worthwhile to provide it to you in full.
The following transcript was lightly edited for clarity.
When it comes to state policy, what opportunities are created by this blue wave election?
I think this opens up a bunch of possibilities but I also think we also need to be very careful in understanding what the election was about in terms of what we focus on in the energy sector. The focus was on affordability. That was the number one message. On electricity, housing, gas.
The problems I see from these wave elections is that somebody wins — a party, an ideology — after campaigning on something and then they govern on something completely different. The message to take away here is, people can’t afford their day-to-day lives. What we’re working on at Deploy Action and other groups focused on electricity and energy, we’re all really focusing on the issue of consumer protection and affordability. We should not try to package in our own individual goals and call it affordability.
One of the starkest results, at least to me, was what happened in states where permitting had been streamlined for renewable energy — Wisconsin, Michigan, New York. The Republicans campaigned against those laws streamlining those permits and lost handily. How do you see these results affecting permitting certainty for renewable energy at the state level in parts of the country?
If it truly addresses affordability, I think permitting is certainly on the table. Especially because governors are going to be judged on what they accomplished and some of these states are going to be having a Democratic governor for the first time in one or two decades. I think they’re going to really hone in on that. And a lot of permitting is state-level. Conversations around federal permitting are often around transmission — a lot of the project-level is at the state level.
But permitting is really only one part of the puzzle. It’s the part everyone likes to focus on because it’s easier to understand. There’s also the market structures of how utilities operate. How they’re incentivized to make money. How they bring on new customers. That’s really going to determine how we bring down bills, or at the very least limit the increases in these bills over the next five or ten years.
Can you give some examples?
So one of the things we focus on [at Deploy Action] is trying to not change the utility business model but alter it to take into account efficiency, especially when it comes to transmission and distribution. Right now utilities’ cap-ex and their ability to earn a return on that is building transmission and distribution lines. In some places it’s generation too. What we’re saying is, we need to create an incentive structure where they’re first incentivized to use existing lines, so as you bring more customers online it reduces the need for new infrastructure per customer which will ultimately bring down costs for everyone.
The perfect example here, and another policy example here, is data centers. It’s completely understandable why they ran against them and why the public is not a fan. But there’s a way to do data centers intelligently in a way to reduce people’s bills. The way to do that is not these monstrosities but smaller data centers that can be coupled with battery storage and renewables instead of gas and diesel. These smaller ones can be used as their own distribution resource which allows you to bring on new paying customers without building more lines. These are things we’ve been working on in Virginia, in California to a lesser extent and in Pennsylvania, and the election opens up the possibility to do more of this work.
How do these state-level data center moratoria affect renewable energy development?
It depends.
I think there’s a very nuanced and smart compromise to be had. These new governors need to consider that instead of an outright ban there needs to be an understanding there are data centers of a certain size that can actually be beneficial to ratepayers and done without using massive amounts of water and renewables. The moratoria needs to turn into policy. The way to get a policy in place that’ll help people every day with their lives and their bills while actually preventing some of the harms people are thinking about with data centers is to set that size limit.
Do these pauses affect transmission development?
It shouldn’t theoretically. I think the argument that would come up though is people would say big data centers would mean more demand for more transmission. And yes, we want more demand growth but you want to build more transmission to bring down costs. You don’t want to build more transmission just to build more transmission.
What do you think is the biggest challenge this election result poses for renewable energy?
Focus.
Here’s the thing: It’s a new election. People will have tons of ideas. The renewables’ best argument is we are the cheapest solution and oftentimes the fastest solution. If what you’re trying to do is bring on new demand, whether it’s for EVs or for certain types of data centers, and then at the least cost supply for that demand.
There’s a lot of things we can focus on with renewables but if we stick to the purpose of this being to bring down people’s bills and create a steady grid for everyone then, well, the opportunities are strong and will be available to us in the industry.
Evidence suggests data center concerns probably didn’t actually flip many votes.
This week’s midterm elections were undeniably horrible for the data center industry. But a closer look indicates dominant media narratives about the impact of AI infrastructure on voting behavior also deserve more scrutiny.
On election night, candidates who railed against data center sprawl during their campaigns won across the country, including statewide races in red areas. The most striking example was Gina Hinojosa, now governor-elect for the data center-centric state of Texas, who ran on instituting a complete pause on projects across the Lone Star State. So striking was her win, it sent AI and data center stocks into freefall. Cleanview, a clean energy news and data site, said Hinojosa’s pause, if put into effect, could affect up to 88.4 gigawatts of “planned” data center development, depending on how it's implemented.
It’s true data centers were this year’s election boogeyman. However, a deeper dive into the results we have thus far tells us crucial nuance is necessary in the discourse about the midterms and the impacts data centers had on voting behavior.
Two important questions must be asked. First, did data centers play a key role in the 2026 midterm elections? Yes — and no.
One can easily make the case that data centers were instrumental to Democrats winning big because, by and large, they chose data centers as a go-to punching bag in attack ads against Republican candidates. Analysis ahead of Election Day by Tech Oversight Project — an outfit run by former Democratic staffers — found 136 federal and gubernatorial races used “tech accountability messaging in paid media,” including 74% of the Democratic Congressional Campaign Committee’s target seats to flip for House control. Much of this advertising focused on tying GOP lawmakers to data centers, whether by connecting the GOP’s recent tax cuts bill to lower taxes on data centers or alleging Republicans held stocks in, or took donations from, data center developers.
This echoes Heatmap Pro’s most recent polling, which shows that Americans say the tech industry has a uniquely firm hold over the Trump administration. When asked if large technology companies have more influence over the government than other large industries, like finance and oil and gas, 64% of Americans said yes.

It’s certainly true Democrats capitalized on public opinion souring on data centers with ads that sought to tie GOP candidates to the unpopular industry. Some of these ads focused solely on data centers, like this ad against Republican Representative Brad Finstad in Minnesota, whose district included the controversial Google data center project in Pine Island I’ve previously reported on. Finstad’s likely to lose his seat; his Democratic opponent, Jake Johnson, has claimed victory, but the race is likely to go to a recount. Democrats also ran data center-only ads in Wisconsin’s 3rd Congressional District, a community already angry about transmission lines that then voted for Democrat Rebecca Cooke to replace Republican incumbentDerrick Van Orden. And Democrats used this strategy in ads in Montana’s 1st Congressional District, which is now controlled by a Democrat, as well as in South Carolina’s 1st, which is now also blue.
However, there is also evidence that data centers did not decide key statewide races. David Crowley, a Democrat who was perceived as weaker on this issue, won the Wisconsin gubernatorial race by eight points, in keeping with the state’s leftward swing. The same is true for Byron Donalds, a Republican who overcame data center attacks to become Florida’s first Black governor.
This brings us to the second key question: Did data center development in local communities flip any votes? We have no way of knowing for sure, because data centers are unpopular across party lines and there’s evidence at least some voters saw opposing a data center as compatible with voting for their preferred political party because other issues also matter to them.
There is a crucial difference between data centers being unpopular and local data center development affecting how people vote for higher office. We see this in the midterms data, as communities actively fighting data centers in their backyards continued to vote Republican like before. I’d also note this data has significant limitations, as it’s challenging to separate a community getting bluer from the relevance or use of political attacks tied to data centers.
At most, where movement was registered, these sorts of towns, cities, and counties moved in line with the national partisan swing toward Democrats.
We can see this dynamic playing out in Ohio, where voters across the state weighed in on 21 ballot initiatives about data center development. In all cases, these ballot initiatives were either approved or rejected in order to block development — i.e., the data centers lost all of them. However, when you drill down to the precinct-level data, communities simultaneously voted against their local data center while continuing to support the Republican in higher office. Perhaps some folks split their tickets; others decidedly did not.
Take Conneaut, the northernmost city in Ohio, located in Ashtabula County on the rim of Lake Erie, which overwhelmingly voted to institute a moratorium on large data centers within city limits. Some precincts voted for Democrat Amy Acton to be governor, while others went overwhelmingly for Vivek Ramaswamy, the Republican candidate. Two-thirds of them also voted yes on the moratorium. (Precinct-level data here for transparency!)
The state’s 21 ballot initiatives were the project of Conserve Ohio, a new grassroots organization founded explicitly to advocate against data center development from an apolitical perspective. Austin Baurichter, one of the organization’s founders, told me at least 65% of the volunteers with his organization have been “historical Republicans” and “historical Trumpers,” and he acknowledged there is potential this issue has “moved people around politically."
Baurichter said he has no proof yet whether any of the ballot initiatives led communities that were once Republican to turn blue. He was open to the idea that may have happened somewhere in the state. But he also bristled at the suggestion, because what he’s seeing on the ground is what Heatmap polling also shows: Republicans are upset at data centers, and those feelings are apolitical and nonpartisan.
“The fact there was a blue wave indicates that people did something different at the polls, but I frame it less as a switching of parties and more as an abandoning of the two-party system,” he told me. “These efforts to understand are well expended. But I think a lot is up in the air.”
And more of the week’s top fights around development.
1. McCracken County, Kentucky – A rare bright spot for the data center sector quietly occurred in deep red Kentucky in a race defined by what’ll likely be the first project built on federal land.
2. Pulaski County, Arkansas – After a blue wave election in Little Rock, this county government is on a collision course with data center development.
3. Lyon County, Kansas – You probably heard about all the communities that voted on data center ballot initiatives during the midterms, but did you know at least one also restricted battery storage?
4. Central Maryland – Oh, one last piece of non-election news: The conflict over the Piedmont Reliability Project transmission lines is now before the Supreme Court.