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A renewables fight in Arizona turns ugly.

Autumn Johnson told me some days it feels like she’s shouting into a void.
Johnson is the executive director for the Arizona branch of the Solar Energy Industries Association, the nation’s pre-eminent solar power trade group. Lately, she told me, she’s seeing an increasing number of communities go after potential solar farms, many of them places with little or no previous solar development. There’s so many she’s had to start “tracking them on a spreadsheet,” she tells me, then proceeding to rattle off the names of counties and towns like battles in a war. Heatmap Pro data reveals how restricted Arizona is today, with six out of the state’s 15 counties showing a restrictive ordinance on solar and/or wind energy.
One of those battles: Chino Valley, a small town in northern Arizona. For two years, Johnson and others in the solar industry worked to try and massage the town into enacting restrictions on solar that wouldn’t all but ban the industry. But a town council meeting in mid-March turned ugly, as a debate over the restrictions ultimately devolved to heckling and hollering. “I’m surprised they didn’t throw things,” she recalled to me over the phone.
Playing back tape of that meeting, I watched as anyone who even spoke up in favor of solar was booed. When Johnson got up to speak and say SEIA recommended a smaller setback than drafted – 150 feet – audience members loudly laughed at her. Ultimately she was interrupted so many times that her time to speak expired before she finished her comments.
She asked the Chino Valley town council: “Could I finish my thought since I had to stop several times?” BOO! The audience wasn’t having it. And neither was the town council, who declined to let her continue.
After another hour-plus of testimony, the town council was swayed: Chino Valley dropped the regulation their staff spent years on and instead instructed them to draft a complete ban on all solar – as well as battery storage and wind farms.
If enacted, this regulation would all but doom Draconis, a large-scale utility solar farm proposed by bp in Chino Valley. A bp representative briefly testified at the town council meeting to say members of the public who’d previously spoken had mischaracterized the water usage required for the solar farm, but was booed off the microphone. The company did not immediately respond to a request for comment.
Johnson told me Arizonans in many pockets of the state are starting to turn on solar for two major reasons. One: There’s a partisan affiliation with renewables and climate change due to the Inflation Reduction Act and Joe Biden’s involvement in crafting the law. The other motivation? “Part of it is old school NIMBYism,” Johnson told me. “We’re acting like this is a new thing but NIMBYism is not new. Everybody wants electricity but nobody wants the infrastructure that is necessary to facilitate their use of electricity.”
She added: “The way things are moving, the number of cities and counties that have restrictions is going to be more and more.” While some communities may be accepting utility-scale development now, she is concerned they’ll hit a “saturation point where people start to build up some kind of resentment about the quantity of projects.”
“It’s domino-y,” Johnson confessed.
I’m no Arizonan. But to me, what’s happening in Arizona is essentially one big redux of an infamous prank TV segment from the show “Who Is America?” in which actor Sasha Baron Cohen plays a coastal liberal stereotype posing as an economic development entrepreneur.
Cohen’s character visits Kingman, Arizona, a town northwest of Chino Valley. In that prank, Cohen walked Kingman residents through a presentation about a promising new source of tax revenue and local employment, only to reveal… he’s talking about building a mosque in Kingman funded by the Clinton Foundation.
Kingman is in Mohave County, which happened to be the first county Johnson mentioned when we spoke. Mohave – represented in Congress by far-right Republican Paul Gosar – is one of the sunniest parts of the country, smack dab in the Mohave Desert. It’s also one of the counties with a restrictive ordinance that routinely rejects solar farms, despite a willingness among local officials to approve new fossil energy. Why? Well, in the view of some folks out there, you might as well be building a Hillary Clinton-branded mosque. Not to mention Mohave has quite a few telltale signs of being tough to develop, according to Heatmap Pro – it’s an extremely white county with an economy heavily dependent on tourism and agriculture, making land use and property value pronounced day-to-day concerns.
Stan Barnes, a lobbyist in Arizona who represents large-scale solar developers, told me that for “so long, renewable energy has been tightly embraced – even bearhugged – by the center-left side of the political spectrum.” Barnes said this fact alone has made it much harder to build in rural areas of Arizona that voted heavily for Donald Trump. “The center-right side of the political spectrum feels like it needs to resist.”
Developers are finding ways around this sticky wicket, Barnes said, but it requires being “wise” and “a certain degree of authenticity on the ground with local officials.” He noted the Palo Verde energy hub, a federally-designated energy and transmission project area in a mostly remote area that expands off of an existing power plant. Barnes also mentioned Mohave, where utility-scale solar is not banned outright but restricted to light industrial areas, as a place where development is still possible.
“There likely will not be that kind of development in Chino Valley and that’s the way it’s going to be in some jurisdictions," he said. “In other jurisdictions there’s going to be thoughtful ordinances that accommodate a variety of interests.”
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.