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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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A chat with Colette Lamontagne, senior director for electric power at Ceres.
This week’s conversation is with Colette Lamontagne, senior director for electric power at the sustainability finance advocacy group Ceres. Her team just released a shareholder engagement guide for the utility space around data center development. I’ve been wondering when the ESG crowd would enter into the AI infrastructure fray, so I asked if I could chat with Colette about what the guide could teach my lovely readers and whether the data center backlash portends a new wave of boardroom fights between electric companies and institutional investors.
Our conversation was lightly edited for clarity.
What is the big message of this guide? If you were to talk about this over a coffee, what would be the topline takeaway?
These data centers are coming, but they can be done right. They don’t have to be done in a way that negatively impacts energy, water, and communities, and we need to slow down just enough to be able to do it right.
It’s not a guide about what data centers should do — it's a guide on the risks to the electric power sector. The biggest risk is the magnitude of power needed and the timing — how quickly it’s needed. Because of that, the traditional process for electric utilities can’t keep pace. It’s all regulated. There’s a lot of steps they have to go through to build new transmission infrastructure and new generation. If the grid connected companies can’t keep up the pace, data centers will just build their own generation. And the biggest problem with that? You have all these resources not shared by the users.
Do you think data centers are going to create a new wave of ESG-based investor advocacy?
I haven’t thought about it as a new age for ESG, but that’s a good point. We are moving beyond asking companies about targets and to create transition plans. Now we’re looking at how to accelerate solutions for climate impacts. I do think there’s a new age related to that.
When it comes to data centers, the questions aren't about utilities and their targets, but instead how they’ll meet this need so they don’t go back to old coal plants or [build] new [behind the meter] plants not used by the grid.
Should we anticipate some kind of new shareholder advocacy wave around how integrated utilities and power companies address or mitigate the impacts of the data center boom on meeting their resource plans, especially decisions made as a result of shareholder advocacy on climate?
If a data center comes to a utility and says they need 100 megawatts of power and the utility chooses to serve that with coal or gas instead of new renewables, it will impact their clean energy goals. If they say they signed a power purchase agreement and give all these renewable resources to a data center, that’s not new — you’re still impacting your clean energy goals because then you’re taking the renewables away from other customers. You have to build something else for those other customers. What are you building instead?
How they think about their long-term resource plans is really important. These generation sources will be around for a very long time. In most cases, renewable energy is cheaper to build. Gas plants require a four- or five-year wait for turbines. So not only is it better for the environment but better for business to get these renewables built.
I’ve written a lot about data center water use. The guide goes into the energy sector’s water use impacts from this increased power demand from data centers; specifically, it says investors should consider asking utilities to conduct new comprehensive water risk assessments around it. Can you help my readers and I better understand what this kind of assessment is and why companies should consider doing this?
Different types of electric generation facilities use different amounts of water. Some of it is withdrawn and put back. Some of it is withdrawn and consumed. Those matter. In cases when water is drawn and put back, the temperature goes up — that’s impacting the environment.
It’s an interesting dichotomy. The new technologies that use air cooling use less water, but they use more energy. Then you have to think about what electricity you’re using and how much water that electricity is using. It’s the life-cycle impacts.
Is there any kind of risk for investors or energy companies associated with the data center sector, given its political challenges?
Well, utilities usually get the short end of the straw. They always get blamed for everything. I say that with a laugh because I used to work for a utility.
Some of these companies have an obligation to serve. If someone comes to them and says they need power, they are required to provide it. However, they can protect themselves and other ratepayers. If the utility builds a whole generation plant and all this transmission infrastructure to serve one data center, and then the data center gets canceled, yeah that’s a risk — not to the bottom line of the utility but to their reputation.
Plus more on this week’s biggest development fights.
1. Washtenaw County, Michigan — The Mitten State made itself the center of the data center backlash this week, as multiple AI skeptics won key Democratic congressional primaries. Yet the most significant election result wasn’t a primary vote, but rather a quiet referendum in a small town outside Ann Arbor.
2. Travis County, Texas — I’ve been getting a lot of texts from sources about Texas Governor Greg Abbott issuing a stop to data center permitting. Let’s get into what really is happening here.
3. Jefferson County, Missouri — Data center opposition can win a Republican political primary, too, as demonstrated this week in this rural pocket of the Show-Me State.
4. Santa Clara County, California — We conclude this week’s Hotspots with a warning about the dire political straits of battery storage technology.
The agency is reportedly considering a land swap that would allow AI infrastructure in one of northern Virginia’s largest green spaces.
A national park site and Civil War conflict area in Virginia is now a battleground in the fight over data center development on federal real estate — and Congress is starting to get involved.
On July 23, the Prince William Times reported that Trump’s National Park Service is “considering a land swap” to allow “at least four data centers” on land within the boundaries of Prince William Forest Park in northern Virginia, one of the largest green spaces in the Washington D.C. metro area and a flashpoint during the Civil War. Since then, my colleagues and I have confirmed based on interviews with sources familiar with the plan, public lobbying disclosures, and previously unreported correspondence from Congress to the Park Service that, indeed, there has been a concerted behind-the-scenes effort to make this swap happen, going back more than a year. Many of those concerned about the idea of this exchange told me they’ve been unable to get clear answers from the Park Service on the likelihood of the swap.
Here’s what we do know: A data center development company, Highland Digital, under an LLC registered by their legal counsel, has sought permission from Prince William County to build a large tech infrastructure complex next to the park, at a site other companies have sought to rezone for that purpose since at least 2022. Though the land is within the park’s boundaries, it is not actually owned by the park; it was held by a private entity before the site was established, enabling it to be used for development through a quirk in public land use law colloquially known as “inholding.”
Meanwhile, the data center backlash has made siting new projects in Northern Virginia increasingly difficult. In Prince William County specifically, supervisors rejected a large data center project near Dulles Airport last month. The sort of land Highland Digital has access to would be challenging to develop in this political environment, given that county planning office staff said it also included wetlands and streams that made permitting difficult.
So as Highland Digital struggled to get permission, it came up with a Plan B, according to two local park conservation advocates familiar with the project’s progress: It could swap some of the land in the park with other parcels close by owned by the Park Service without as much ecological sensitivity. The company retained a lobbyist, Jeff Small, who was a senior adviser to the Interior Department under the first Trump administration and last year publicly boasted of close ties to the White House (which distanced itself from him in response). Small lobbied the National Park Service and Interior Department for a land exchange on Highland Digital’s behalf starting in May 2025 through the first quarter of this year, according to federal lobbying disclosures.
Around this time, Ashley Studholme, executive director of the Prince William Conservation Alliance, first learned about the land swap proposal. Studholme told me Highland Digital CEO Peter Batten proposed the idea to the park’s superintendent George Liffert in a meeting the three had that month with Small in attendance. Highland Digital provided Studholme and Liffert with a map she shared with me outlining different parcels that would be involved. Studholme said that afterwards, nearly identical parcel delineations were then added to an official National Park Service GIS map online. This meeting and map change assertion were first reported by the Prince William Times.
Kyle Hart, a senior program manager for the National Parks Conservation Association, told me his organization has had “loose discussions” with Park Service staff about the land swap, which he described as “a newer thing” that “we know has been proposed.”
In response to my request for comment, NPS sent the following statement attributed to an unnamed spokesperson: “The National Park Service preserves the historic, cultural and natural integrity of national parks, including Prince William Forest Park. The NPS does not regulate private land use outside park boundaries or comment on speculative uses.”
On paper, Hart told me, the swap has some upsides for NPS. The Park Service would get more land in the deal than Highland Digital would acquire. It could also permanently protect sensitive resources. But the cumulative impact of the exchange, he said, is unambiguously in Highland Digital’s favor.
“The developer comes out ahead,” he told me. “You combine that with another 100 or so acres [they hold] that is direct road frontage, and you have land primed for development without any of the hiccups of pesky streams and so forth. And they’d be doing this to expedite a data center within their borders directly adjacent to the land they’re protecting.”
In mid-July, before the Prince William Times story published, staff for Representative Eugene Vindman — the Democratic congressman whose district includes the park — contacted the Park Service requesting “reports of a potential exchange or transfer of land within Prince William Forest Park. The inquiry asked for information on deed ownership as well as any legal authority for the Park Service to exchange land with a private corporation for development without congressional approval.
Vindman’s staff provided their request to me this week, informing me they never heard back.
“I’m very concerned about the proposed data center development in and near Prince William Forest Park,” Vindman said in a statement his office provided. “I have been clear that data centers should not be built near parks, schools, or residential communities, and I’ll continue to fight for our community on this issue.”
Very little about Highland Digital or its data center plans is available online, while Data Center Dynamics, a trade publication, has reported that details about the data center are “sparse.” A public meeting to discuss the project planned for the parcel the company currently owns was scheduled for May, but was then canceled after the developer rescinded a permitting application with Prince William County without a stated reason.
Highland Digital did not respond to requests for comment. Neither did representatives from Jeff Small’s firm, 76 Group, who was registered to lobby for the developer on behalf of EIS Solutions, the firm’s name before it rebranded in 2021. Small’s contact information is not public and I was unable to reach him for this story.
With reporting by Matthew Zeitlin.