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It’s not just Trump.

State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.
Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.
Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.
When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”
Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.
But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.
Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.
The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”
Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.
“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”
The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.
I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened to release in January touting the benefits solar can provide to the state’s revenue base.
ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.
“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.
It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.
But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.
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Activists are suing for records on three projects in Wyoming.
Three wind projects in Wyoming are stuck in the middle of a widening legal battle between local wildlife conservation activists and the Trump administration over eagle death records.
The rural Wyoming bird advocacy group Albany County Conservancy filed a federal lawsuit last week against the Trump administration seeking to compel the government to release reams of information about how it records deaths from three facilities owned and operated by the utility PacifiCorp: Dunlap Wind, Ekola Flats, and Seven Mile Hill. The group filed its lawsuit under the Freedom of Information Act, the national public records disclosure law, and accused the Fish and Wildlife Service of unlawfully withholding evidence related to whether the three wind farms were fully compliant with the Bald and Golden Eagle Protection Act.
I’m eyeing this case closely because it suggests these wind farms may fall under future scrutiny from the Fish and Wildlife Service, either for prospective fines or far worse, as the agency continues a sweeping review of wind projects’ compliance with BGEPA, a statute anti-wind advocates have made clear they seek to use as a cudgel against operating facilities. It’s especially noteworthy that a year into Trump’s term, his promises to go after wind projects have not really touched onshore, primarily offshore. (The exception, of course, being Lava Ridge.)
Violating the eagle protection statute has significant penalties. For each eagle death beyond what FWS has permitted, a company is subject to at least $100,000 in fines or a year in prison. These penalties go up if a company is knowingly violating the law repeatedly. In August, the Service sent letters to wind developers and utilities across the country requesting records demonstrating compliance with BGEPA as part of a crackdown on wind energy writ large.
This brings us back to the lawsuit. Crucial to this case is the work of a former Fish and Wildlife Service biologist Mike Lockhart, whom intrepid readers of The Fight may remember for telling me that he’s been submitting evidence of excessive golden eagle deaths to Fish and Wildlife for years. Along with its legal complaint, the Conservancy filed a detailed breakdown of its back-and-forth with Fish and Wildlife over an initial public records request. Per those records, the agency has failed to produce any evidence that it received Lockhart’s proof of bird deaths – ones that he asserts occurred because of these wind farms.
“By refusing to even identify, let alone disclose, obviously responsive but nonexempt records the Conservancy knows to be in the Department’s possession and/or control, the Department leaves open serious questions about the integrity of its administration of BGEPA,” the lawsuit alleges.
The Fish and Wildlife Service did not respond to a request for comment on the case, though it’s worth noting that agencies rarely comment on pending litigation. PacifiCorp did not immediately respond to a request either. I will keep you posted as this progresses.
Plus more of the week’s biggest fights in renewable energy.
1. York County, Nebraska – A county commissioner in this rural corner of Nebraska appears to have lost his job after greenlighting a solar project.
2. St. Joseph County, Indiana – Down goes another data center!
3. Maricopa County, Arizona – I’m looking at the city of Mesa to see whether it’ll establish new rules that make battery storage development incredibly challenging.
4. Imperial County, California – Solar is going to have a much harder time in this agricultural area now that there’s a cap on utility-scale projects.
5. Converse County, Wyoming – The Pronghorn 2 hydrogen project is losing its best shot at operating: the wind.
6. Grundy County, Illinois – Another noteworthy court ruling came this week as a state circuit court ruled against the small city of Morris, which had sued the county seeking to block permits for an ECA Solar utility-scale project.
A conversation with Public Citizen’s Deanna Noel.
This week’s conversation is with Deanna Noel, climate campaigns director for the advocacy group Public Citizen. I reached out to Deanna because last week Public Citizen became one of the first major environmental groups I’ve seen call for localities and states to institute full-on moratoria against any future data center development. The exhortation was part of a broader guide for more progressive policymakers on data centers, but I found this proposal to be an especially radical one as some communities institute data center moratoria that also restrict renewable energy. I wanted to know, how do progressive political organizations talk about data center bans without inadvertently helping opponents of solar and wind projects?
The following conversation was lightly edited for clarity.
Why are you recommending we ban data centers until we have regulations?
The point of us putting this out was to give policymakers a roadmap and a starting point at all levels of government, putting in guardrails to start reeling in Big Tech. Because the reality is they’re writing their own rules with how they’d like to roll out these massive data centers.
A big reason for a moratorium at the state and local level is to put in place requirements to ensure any more development that is happening is not just stepping on local communities, undermining our climate goals, impacting water resources or having adverse societal impacts like incessant noise. Big Tech is often hiding behind non-disclosure agreements and tying the hands of local officials behind NDAs while they’re negotiating deals for their data centers, which then becomes a gag order blocking officials and the public from understanding what is happening. And so our guide set out to provide a policy roadmap and a starting point is to say, let’s put a pause on this.
Do you see any cities or states doing this now? I’m trying to get a better understanding of where this came from.
It’s happening at the local level. There was a moratorium in Prince George’s County [in Maryland], where I live, until a task force can be developed and make sure local residents’ concerns are addressed. In Georgia, localities have done this, too.
The idea on its own is simple: States and localities have the authority and should be the ones to implement these moratoriums that no data centers should go forward until baseline protections are in place. There are many protections we go through in our guide, but No. 1, Big Tech should be forced to pay their way. These are some of the most wealthy corporations on the planet, and yet they’re bending backwards to negotiate deals with local utilities and governments to ensure they’re paying as little as possible for the cost of their power infrastructure. Those costs are being put on ratepayers.
The idea of a moratorium is there’s a tension in a data center buildout without any regulations.
Do you have any concerns about pushing for blanket moratoria on new technological infrastructure? We’re seeing this policy thrown at solar and wind and batteries now. Is there any concern it’ll go from data centers to renewables next in some places?
First off, you’re right, and the Trump administration wants to fast-track an expansion that’ll rely on fossil fuels: coal, oil and gas. We’re in a climate crisis, and we’d be better off if these data centers relied entirely on renewable energy.
It’s incredibly important for policymakers to be clear when they’re setting moratoria that they’re not inadvertently halting clean, cheap energy like wind and solar. This is about the unfettered expansion of the data center industry to feed the AI machine. That’s what the focus needs to be on.
Yes, but there’s also this land use techlash going on, and I’m a little concerned advocacy for a moratorium on data centers will help those fighting to institute moratoria on solar and wind. I’m talking about Ohio and Wisconsin and Iowa. Are you at all concerned about a horseshoe phenomenon here, where people are opposing data centers for the same reasons they’re fighting renewable energy projects? What should folks in the advocacy space do to make sure those things aren’t tethered to one another?
That’s a great question. I think it comes down to clear messaging for the public.
People are opportunistic — they want to get their passion projects no matter what. We as advocates need to consistently message that renewable energy is not only the energy of tomorrow, but of today. It’s where the rest of the world is headed and the U.S. is going backwards under the Trump administration.
The data center issue is separate. Data centers are using way more land – these massive hyperscaler data center campuses – are using more land than solar and wind. We can be creative with those energies in a way we can’t with the data center expansion.
We need to make it absolutely clear: This is about corporate expansion at the expense of everyone else in a way that solar and wind aren’t. Those bring costs down and don’t have anywhere near as much of an environmental impact.