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Why an attorney for Dominion Voting Systems is now defending renewables companies.

My biggest takeaway of this year? Bad information is breaking the energy transition – and the fake news is only getting more powerful.
Across the country, we’re seeing solar, wind, and battery storage projects grind to a halt thanks to activism powered by fears of health and safety risks, many of which are unfounded, unproven, exaggerated, or conspiratorial in nature. There are some prominent examples, like worries about offshore wind and whales, but I’ve spent a large chunk of The Fight’s lifespan so far investigating a few crucial case studies, from wildfire fears confronting battery developers in California to cancer concerns curtailing a crucial transmission line in New Jersey. To tell you the honest truth, it is difficult to quantify just how troubling this issue is for the industry.
False information is something Mark Thomson, a D.C.-based attorney with the law firm Meier Watkins Phillips Pusch LLP, thinks about a lot these days. Thomson was one of the lawyers who won a record $787 million settlement for Dominion Voting Systems from Fox News Network after it broadcast incorrect claims about how the company’s ballot machines were used in the 2020 election. Today his attention is elsewhere – conspiracy-powered defamation against renewables developers and their projects. .
“This is a sizable and growing part of what we do here,” Thomson told me. “I think it’s because the developer sector writ large increasingly understands the severity and the pervasiveness of falsehoods in that space, and also just as importantly how quickly groups and communities can latch onto these falsehoods in ways that critically interrupt and even endanger some of these projects.”
Why are we talking about conspiracy theorists as an opposition powerhouse? Well, studies show that like working in agriculture or owning large tracts of land, scientific skepticism can be a big signal that someone will oppose a renewables project. A 2022 study published in the journal Nature Energy found “moderate-to-large” relationships between indices of conspiracy beliefs and the likelihood that someone would oppose a wind farm, and that the relationship between wind farm opposition and conspiracy beliefs was “many times greater than its relationship with age, gender, education, and political orientation.”
Conspiracies or misinformation can also be weaponized by hostile local, state, or federal regulators if they have other reasons to try and curtail development.
Take St. Clair County, Michigan, where a leading local public health official is leveraging theories about the impact of solar energy to try and limit development. St. Clair County is home to its own fun blend of renewables consternation. The most acerbic fight is in the town of Fort Gratiot, where Ranger Power subsidiary Portside Solar has proposed to construct a 100 MW solar facility. The project is in a rural, largely agricultural region and has faced incredible resentment. (If you want a primer on the conflict, watch this interview segment – in between featured ads for Ivermectin.)
Last Thursday evening, St. Clair County medical director Remington Nevin testified before the county’s board of commission that “very clear health threats” caused by solar energy required “extraordinary actions” under the state public health code. Nevin specifically addressed noise, claiming that the sound produced by hypothetical solar facilities could “presumably be an unreasonable threat to public health” if not kept below certain decibel thresholds.
“This should not be controversial,” Nevin told the audience, which erupted into rapturous applause after his testimony.
This testimony, prompted by public comments from disgruntled residents, came after Nevin issued a report detailing his desires for quick action under the public health code that circulated widely on anti-renewables Facebook groups.
Nevin is definitely a qualified medical professional. “Occupational medicine is the successor to the field of industrial medicine,” Nevin told me when I emailed him about his qualifications, “and is the medical speciality most applicable to the health effects of industrial activities such as these.” He noted that he has a doctoral public health degree in mental health and psychiatric epidemiology, and has done fellowship training in occupation and environmental medicine.
But he is not a specialist in the health effects of solar panels. He’s actually an expert in quinism, a brain and brainstem disease caused by a toxic exposure to anti-malaria drugs. This position made him relevant during the COVID-19 lockdowns, when he spoke out about the risks of taking hydroxychloroquine, an unproven COVID-19 treatment that Trump and other socially conservative figures began recommending at the height of the pandemic lockdowns. Nevin took a more contrarian view of the scientific debate around COVID-19 during those lockdowns, signing a declaration to open society up before a vaccine was widely available. He still feels passionately about this topic today, celebrating Trump’s pick to run the National Institutes of Health, Dr. Jay Bhattacharya, who coauthored that declaration.
When I asked Nevin about his lack of expertise in the health risks of technology like solar panels, he responded by saying he believes a court would consider him expert enough for his views to hold legal weight.
“In matters such as these, a court ultimately determines the validity of an expert's qualifications,” he said. “I am confident that my background is particularly germane and well-suited to this topic, and that my qualifications and recommendations will withstand judicial review should these matters become subject to litigation in due course.”
For what it is worth, it’s incredibly hard to find evidence that the noise emitted from solar farms creates a risk to public health. Industry says such data is infinitesimal.
There is also at least some apparent temptation of the courts at work in all this, too. Nevin, local leaders, and activists have in public comments about the health risks repeatedly referenced Act 233, a new state law that allows an independent agency to adjudicate conflicts between developers and towns with restrictions on renewable energy projects. As we previously scooped, municipalities and counties are challenging the legality of how that law is being implemented. It is entirely possible that part of Nevin’s crusade against the health impacts of solar on county residents is an attempt to stop the state from usurping the county’s local control.
As opponents of renewable energy look to use the court system in this way, it may be worthwhile for developers to do the same to combat misinformation. Courts can decide when a company is being defamed or unjustly maligned, and the legal system can be an avenue for resolving the vexing issue of conspiracies and misinformation about the health and safety of a renewables project.
Hence why as renewables deployment rises in the U.S., and opposition does too, attorneys like Thomson are going to see a lot more business from developers.
“The law provides some remedies in some circumstances,” Thomson told me. “It’s not a silver bullet. But for specific types of falsehoods, the law can provide an important source of accountability and just as importantly, invoking the law can help people realize that there is a price to be paid for just blatantly and often willfully misleading groups of citizens about this stuff.”
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Why local governments are getting an earful about “infrasound”
As the data center boom pressures counties, cities, and towns into fights over noise, the trickiest tone local officials are starting to hear complaints about is one they can’t even hear – a low-frequency rumble known as infrasound.
Infrasound is a phenomenon best described as sounds so low, they’re inaudible. These are the sorts of vibrations and pressure at the heart of earthquakes and volcanic activity. Infrasound can be anything from the waves shot out from a sonic boom or an explosion to very minute changes in air pressure around HVAC systems or refrigerators.
Knowing some of these facilities also have the capacity to produce significant audible noise, growing segments of the population’s more tech-skeptical and health-anxious corners are fretting some data centers could be making a lot of infrasound, too. The whizzing of so many large computational machines combined with cooling fans and other large devices creating so many new columns of air flow. Add onto that any rotational onsite power generation – think natural gas turbines, for example – and you get quite a lot of movement that could potentially produce what they say is infrasound.
Some of the virality of this chatter about infrasound and data centers comes from a video about infrasound created by audio engineer and researcher Benn Jordan. Currently sitting at more than 1 million views, this short YouTube film documents claims that some data centers are operating like “acoustic weapons” through infrasound and harming people. Andy Masley, an “effective altruist” writer, has become the chief critic of the Jordan video, getting into a back-and-forth that’s raised the issue to Internet discourse territory.
The Jordan-Masley infrasound debate is honestly a bit of a mess. So I want to be clear: I’m not going to get into the science of whether or not infrasound poses any kind of public health risk in this article. We can get to that later. It’s worth saying that this subject may need more study and that work is ongoing. Also, talking about infrasound at all can make you honestly sound a little wacky (see: this study blaming people seeing ghosts on infrasound). It might also remind you of another panic in the Electric Age: electromagnetic fields, also known as EMFs. Developers of transmission lines and solar projects have long had to deal with people worried about transmission lines and large electrical equipment potentially glowing with invisible, unhealthy radiation.
In late 2024, I wrote about how an RFK Jr. supporter worried about this form of electrical emission was helping lead the fight against a transmission line in New Jersey for offshore wind. Maybe that’s why it didn’t surprise me one bit when the Health and Human Services secretary himself told a U.S. Senate Committee last week that he was asking the Surgeon General’s office to “do either meta reviews” or “base studies” on noise pollution and EMF radiation from data centers “so we can better inform the American public.”
“There’s a range of injuries that are very, very well documented. They’re neurological – very, very grave neurological injuries, cancer risk,” Kennedy Jr. told the Senate Health, Education, Labor and Pensions Committee on April 22 in response to a request from Sen. Josh Hawley of Missouri to study the issue. “The risks, to me, are tremendous.”
There’s also the unfortunate reality that infrasound impacts have previously been a cudgel to slow down renewable energy deployment. Wind turbines create infrasound because of the subharmonic frequencies created when one turbine rotates at a slightly different pace than another, producing a slightly dissonant low frequency noise. Groups like the Heartland Institute proudly list this infrasound as one of the reasons wind energy “menaces man and nature.”
But regardless of merit, this concern is already impacting local government decisions around data center projects, much like how one Michigan county sought to restrict solar energy on the same basis.
In February Adrian Shelley, the Texas director for environmental group Public Citizen, implored the city of Red Rock to study changing their noise ordinance to take into account infrasound. “It has effects on sleep patterns, on stress, on cardiovascular health, and it is potentially a very serious concern,” Shelley said at a February 11 city council discussion on data center rules. “It will not be covered by the city’s noise ordinance, which only deals with audible sound.”
Earlier this month in Calvert County, Maryland, a volunteer for their environmental commission recently told the county government that infrasound needs to be factored into their future data center planning. “It will have significant impacts on our region and the Chesapeake and the Patuxent because infrasound isn’t stopped by walls,” commission member Janette Wysocki, a proud land conservationist, said at an April 15 hearing. “It will keep going, it will move through anything. It’s a very long wavelength. So we need to protect our ecosystem.” Wysocki implored the county to consider whether to adjust its noise regulations.
Around the same time, similar concerns were raised in Lebanon, a small city in east-central Pennsylvania. “It permeates through concrete walls, it permeates through the ground,” Thomas Dompier, an associate professor at Lebanon Valley College, said at an April 16 Lebanon County commission hearing on data centers.
Lastly, last week I explained how Loudon County wants to rethink its noise ordinance to deal with low-frequency “hums” from data centers – a concern echoing those who fret infrasound.
Ethan Bourdeau, executive director of standards at Quiet Parks Intentional and a career acoustician and building standards writer, told me that what makes data centers unique is the “constant drone” of noise that could potentially carry subharmonic frequencies. Bourdeau said cities or counties could possibly factor concerns about infrasound into noise ordinances to address those who are most concerned. One way they could do it is by changing how decibels are weighted in the government’s measurements. A-weighting decibel meters are a common form of sound measurement geared toward perceptible noise. Using different systems, like C-weighting or G-weighting, would avoid ways that A-weighting can filter out sub-hearing frequencies.
“These are reporting and weighting systems where a sound level meter taking background noise receives all the unweighted sound and then you apply all these filters afterwards, like an EQ curve,” Bourdeau said.
So I guess if those most concerned about infrasound have their way, a lot of country commissioners and local elected leaders will be heading to the mixing booth.
And more on the week’s top fights around project development.
1. King County, Washington – The Moss Landing battery backlash is alive and well more than a year after the fiery disaster, fomenting an opposition stampede that threatens to delay a massive energy storage project two dozen miles east of Seattle.
2. Prince Williams County, Virginia – It was a big week for data center troubles. Let’s start with Data Center Alley, which started to show cracks this week as data center developer Compass announced it was pulling out of the controversial Digital Gateway mega-project.
3. Washtenaw County, Michigan – Turning to Michigan, real estate firm Sansone abandoned plans to purchase land owned by Toyota to build a hyperscale data center campus after the local township instituted a 6-month moratoria.
4. Okeechobee County, Florida – The backlash to data centers is killing projects in deep-red Florida too, as this county’s commission decides to kill a 205-acre prospective data center campus led by a state college.
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A conversation with Holly Jean Buck, author of a buzzy story about Bernie Sanders’ proposal for a national data center moratorium.
This week’s conversation is with Holly Jean Buck, an associate professor at the University of Buffalo and former official in the Energy Department’s Office of Fossil Energy and Carbon Management. Buck got into the thicket of the data center siting debate this past week after authoring a polemic epistemology of sorts in Jacobin arguing against a national data center ban. In the piece, she called a moratorium on AI data centers “a massive strategic blunder for the left, and we should think through the global justice implications and follow-on effects.” It argued that environmental and climate activists would be better suited not courting a left-right coalition that doesn’t seem to have shared goals in the long term.
Her article was praised by more Abundance-leaning thinkers like Matthew Yglesias and pilloried by some of the more influential people in the anti-data center organizing space, such as Ben Inskeep of Citizens Action Coalition of Indiana. So I wanted to chat with her about the discourse around her piece. She humbly obliged.
The following conversation was lightly edited for clarity.
So my first question is kind of a broad one and perhaps a suitable polemic to open with: are data center moratoria (bans) “slopulism”?
Haha, oh no. I don’t know if I have a working definition of that term.
“Slopulism” is colloquially known as low-effort or performative populism slop that is focused on emotional gratification and elite resentment instead of substantive policy.
I think, sometimes? Moratoria have been proposed at a lot of different levels in a lot of different forms. With the national moratorium, as written in the AI Data Center Moratorium Act [proposed by Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez], I thought from a rhetorical and textual standpoint it was a pretty amazing document. I just don’t think it’s a great policy proposal, so maybe that’s a little bit closer, but I don’t think people working on that theory of change would see it as slopulism. They’re thinking of this as a negotiating tactic and thinking, how do we leverage this moment and make it clear to the tech industry they don’t have social license?
I wouldn’t personally call it slopulism. I just don’t think it’ll work. I don’t think it's effective but I'm not big on labels.
Personally, I come down sort of where you’re at on the yes-and-no kind of tack. There’s definitely some vibes based stuff going on, which you address in your piece, but historically there’s a pretty long legacy of advocacy campaigns for, well, let’s ban this until we’ve finished regulating it.
You write part of why a moratoria push can be a dead end is that the right and left coalitions pushing to stop data centers have different interests on other issues and that it may not follow that stopping data centers will result in a clean energy buildout, or the social policies to address job displacement.
When you talk about the left-right coalition, help me understand what’s driving the opposition and why you think it’s happening the way it is?
I think there’s a lot of layers here. It’s pretty complex. It’s well established there are left-right coalitions. I don’t think we have a great body of social science research but I think that is a solid working assumption. So I think the people who are a part of this, it’s easy for them to come together and stop a thing that’s happening near them. But I don’t think they’re going to agree on how we build a decarbonized, resilient grid. The people in that coalition are going to have vastly different perspectives on whether we want to decarbonize, what measures are feasible and worth paying for to get there. Same thing when it comes to the thornier questions about AI governance. The solution set is just not something the members of that coalition are going to agree on.
So it feels maybe on the ground like this really cool moment about rising up against these big forces. It’s cool. I get it. I was actually very much on board with that a while ago. And my views on that have shifted. I don’t think it’s going to be productive unless it’s coupled with a lot of very real coalition building work I don’t see happening.
I’ve had conversations with environmental activists about that issue. I did a Q&A with someone from Public Citizen about this particular issue right after the national data center moratoria was introduced with Senator Sanders. I asked, do you have any concerns about pushing for a moratoria on new tech infrastructure when this tool is also used by those trying to stop solar, wind and batteries? Is there any concern that in some communities it’ll go from data centers to renewables?
I wondered reading your piece if this is part of what you’re getting at here, that this backlash doesn’t necessarily seem to be rooted as much in a transition away from fossil fuels or building lots of new renewable energy.
I think in the absence of systematic research, it’s one of these things where people can see it the way they want, through their own lens.
I’ve been following this in a few different places in the country, especially through online Facebook groups, and there is a noticeable overlap between some of those Facebook groups and the content and many of the anti-renewable groups I follow. Some of the themes remind me of this piece I wrote about para-environmentalism. There’s a lot of places where it dips into conspiracy and fears about new technology, electro-magnetic radiation, sorts of places where a data center is mundane but can take on creepy, supernatural overtones in some of these groups. Before I was studying para-environmentalism more generally I was thinking we really need this left-right coalition to rise up against these companies. Now I’m much more cautious about where it’ll lead.
I know Twitter isn’t real life, but the discourse around your work – those who have criticized it – are saying, why can’t we do both? Why can’t we go after the data center sector without potentially heading towards that form of politics you’re afraid of?
I don’t think it's the moratoria necessarily but the left-right blocking approach.
There’s a couple things I want to make discernments about. I want to make a discernment between people who want to stop a data center and a moratorium that’s more of a blanket, larger regional or national thing. I do think there are data centers being sited in really bad places, under really bad agreements. They shouldn’t move forward.
There’s bad data centers and there’s okay data centers and we need to be discerning between them. There’s also normal processes in this country for siting large facilities, whether they’re county level zoning commissions and something else.
But to your question of why can’t we do both, we could have a viable left-right anti-tech organizing that makes real demand for how we go about the lithium and AI age if people were investing in the social infrastructure necessary to make that happen. We’re very far from it because the framing of stopping a thing… We need people who are convening real conversations about what to do. I think they’re focused on stopping a thing.
I don’t know if they’re focused on whether we need universal basic income, a public wealth fund or something else, in a way that’s across the aisle. That would be a whole movement building infrastructure and it’s one we need if we’re going to decarbonize.
But that’s not what I am seeing – I’m seeing NGOs funded by wealthy and non-transparent donor-advised funds focused on some parts of the country and not others. We’re not getting to having those conversations happening or even having a shared media reality.
Can you go a bit deeper on how a situation where there is a national moratoria results in equity concerns? How are those less fortunate hurt by that?
There are three things I am concerned about. The first thing is that people who are better organized because they have more resources say we need a national moratoria which pushes development to regions with weaker organizing. Maybe they have weaker environmental and social regulations. I’m concerned about that because there’s a huge history of that happening across different regions and industries.
The second thing I am concerned about is driving up the cost of computation in ways that would make AI less affordable and accessible for people who may be able to use it for a variety of things. I realize that’s controversial for the segment of the population who thinks AI is useless but I think it’s tremendously valuable and I want a world where everybody has access to these capabilities and I think it’s made less likely by making computation less expensive.
The third thing, which I didn’t have room in my piece to address, is to what extent this moment is about the data centers. This is a new focus for the climate movement, which is understandable because there’s been a sideshift away from climate and the Trump administration has put everything in such a dire place that they need wins to hold on to. I’m worried about whether that displaces energy and funding away from other environmental issues. Are we taking space away from other priority areas? I’m not saying we know about those things but these are concerns we need to focus on. And if they’re not concerns, that’s good news. But we should think of them.
On that note, on the bigger question, do you believe artificial intelligence and these data centers are a net positive or a net negative for the effort to solve for climate change?
I think it’s too soon to say what the net effect will be and that net effect will be indirect. We can count the carbon emissions from these and say, great we have a whole new industrial sector to contend with among all these other industries we’re trying to decarbonize. And it’s bad from that point of view.
Then you have efficiencies that AI might discover. I have no clue about the extent of that.
Then you have AI impacting the information ecosystem, what they want to believe and what they want to do. Maybe the greatest impacts of AI will be it causes people to take climate more seriously. Or ways through social media that convince people it is a hoax.
It’s hard to measure all these factors and speculations against each other. So I have no idea what the net effect will be on climate and I don’t believe anyone who says they know what it’ll be at this point.
But the data centers – from your perspective, is this boom helping or hurting?
I think it’s definitely a setback. But if I look at the whole picture of climate change I think this is more tractable than some of the challenges we have with decarbonization. Number one, we know how to decarbonize data centers. It’s a lot harder than something like cement where we don’t know how to stop the emissions themselves. I think agriculture is really challenging to decarbonize – it’s mixed up in what people eat and land use. Data centers is a problem. But it seems tractable because of that.
We also have all these people working on this. All of these climate professionals who’ve pivoted to framing their work into being about AI. I think we have the knowledge and the personnel to do it. If I compare data centers to other parts of decarbonization, it’s not on the top of my list of things I’m worried about. But it is tough – we knew we had this many tonnes to deal with and now we’re adding things. It’s a challenge but I want to have perspective about the challenge.
Can I close on a fun question?
Sure.
What’s the last song you listened to?
Oh, gee. It was some terrible ‘80s song because my kind is really into that kind of music right now. The one that sticks out is “Sunglasses At Night,” which is always playing in the Buffalo airport.