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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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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.