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Will this renewable energy powerhouse become the first state to ban renewable energy?

There’s a nascent, concerted effort to make Oklahoma the first state to ban new renewable energy projects. And it’s picking up steam.
Across the U.S., activism against wind and solar energy has only grown in intensity, power, and scope in tandem with the recent renewables boom. This is in direct contrast to hopes many in the climate movement had that these technologies would become more popular as they entered communities historically hostile to the idea of switching away from fossil fuels. If anything, grassroots angst toward the energy transition has only surged in many pockets of the country since passage of the nation’s first climate law – Inflation Reduction Act – in 2022.
Nowhere is this more true than Oklahoma, which on paper resembles a breadbasket of possibilities for the “green” economy. Oklahoma is the nation’s third largest generator of wind energy, home to a burgeoning solar energy sector, a potential hydrogen hub, and maybe even the nation’s first refinery for cobalt, a rare metal used in electric vehicles. Yet yesterday, hundreds of people flocked to Oklahoma City, filled a giant hall in the state’s capitol building to the brim, and rallied for the state’s governor Kevin Stitt to issue an executive order to stop new wind and solar energy facilities from being built.
“Welcome Oklahoma, for braving the cold out there into this very warm and receiving Capitol. And y’know what? Our warmth today was not brought to us by green energy,” Oklahoma Attorney General Gentner Drummond told the rally audience.
It’s exceedingly likely these folks won’t get an executive order any time soon. Oklahoma Republican governor, Kevin Stitt, has embraced these technologies as job creators. “Oklahoma is an oil and gas state through and through, but we also generate about 47% of our electricity from renewable sources,” he wrote on X in August. “I just don’t think the government should pick winners and losers or force us to choose between one or the other.” Weeks ago, he signed a memorandum of understanding between the state and the nation of Denmark to collaborate more on wind energy.
But the political gusts are blowing in the direction of a ban. Exhibit A: Drummond, who it’s rumored may run to replace Stitt and who at the rally pledged to work with legislators to pass a bill ending the deal with “quasi-socialist” Denmark. The rally also featured Oklahoma’s Education Secretary Ryan Walters, whose name has also been included in gubernatorial chatter.
This uprising in Oklahoma has been happening for quite some time, without much fanfare due to a persistent and pernicious news desert problem in the state (and many others). Like other states, it is becoming more commonplace for towns and counties there to face pressure to support moratoriums against developing new projects, and GOP lawmakers are also increasingly facing primaries over offering any support to wind or solar energy, or even just remaining neutral on whether projects get built. One such casualty in the last election cycle was Kevin Wallace, the GOP chair of the Appropriations and Budget Committee in the statehouse, who was dethroned by a political newcomer – Jim Shaw, who ran heavily on anti-renewables policies, including a statewide moratorium.
“It’s a groundswell,” said Pam Kingfisher, an environmental activist in northeast Oklahoma. Kingfisher is a Democrat but she has her own concerns with the environmental impacts that wind turbines could have in her community, the town of Kansas. So she’s grateful for this uprising.
“They’re attacking their own people and being very effective and I’m standing back going, ‘hey yes, take them on.’”
Suffice it to say, these activists feel emboldened by the primary wins and Trump’s election. Charity Linch, chair of the Oklahoma chapter of the Republican National Committee, told me she doesn’t believe the “pro-renewable Republican” will exist much longer in the state.
“I don’t believe that’s going to continue in Oklahoma,” Linch told me. “If they haven’t figured it out yet, they will very soon.”
Linch is the proud founder of Freedom Brigades, a grassroots network of activists with members in several states. The Freedom Brigade chapters for two counties conflicted over wind – McIntosh and Pittsburg – were instrumental in organizing the rally. Linch said Freedom Brigades also helped support some of the successful primary challengers in this past election cycle, and that her members were partially responsible for the Oklahoma GOP censuring Sen. James Lankford last year over a bipartisan border deal in Congress – causing the bill to die.
From talking to Linch, it’s clear to me that renewable developers should pay close attention to the Oklahoma uprising. So should Washington, because as talk in Congress proceeds toward changing the Inflation Reduction Act, rest assured some of these people will contact their members of Congress when the time comes. And you should expect the same from the myriad of anti-renewables activists in other states fighting solar and wind projects in their own backyards.
Getting Red In The Face
Why is this rebellion happening in Oklahoma? Well, if you ask Oklahomans, they’ll count the reasons.
Activists involved in planning the rally told me the biggest reason for the uproar was that solar and wind projects aren’t bringing the ample jobs developers and policymakers promise, making their presence in communities more difficult to stomach. Others point to environmental concerns, from the impacts these projects can have on species to the chemicals used to make them. Like Saundra Traywick, a donkey farmer who attended the rally and author of a Change.org petition supporting a state renewables ban that has more than 3,000 signatures. The petition claims wind turbines present “hazards to the health, safety, and welfare of the people.”
“They resort to calling us names instead of listening to us,” Traywick told me. “None of us wanted to get involved in any of this. We didn’t want to be involved in politics. These are farmers that are dealing with freezing temperatures,” referencing the temperature outside the rally.
There’s a serious issue of tribal opposition, given a 2020 Supreme Court ruling that found nearly half of all lands in Oklahoma fall under some form of tribal sovereignty. As Heatmap’s Matthew Zeitlin explained last year, this means developers may also need to get mineral rights approvals from tribal government bodies. Two weeks ago, a federal judge ordered the removal of 84 wind turbines on those grounds, stating the developer Enel Green Power failed to get adequate permission from the Osage Nation.
Some involved in this push for a renewables ban are also open about another rationale: They want to help oil and gas production, a key source of employment in the state.
“Why are we as a state being forced to fund our own demise essentially, with our federal taxpayer dollars, to prop up an industry that’s literally killing the backbone industry of our state, which is oil and gas?” Shaw said on Breitbart’s Conservative Review podcast in December.
To anyone who believes, as the vast majority of scientists say, that climate change is real and to avert catastrophe we must quickly build an energy grid that produces far fewer carbon emissions, these may all look like terrible reasons.
But if you don’t believe that climate change is real, or you believe it’s an overrated problem… renewables are just a much harder sell.
“Most of us do not believe we need to reduce our CO2 to begin with,” NeAnne Clinton, an activist fighting a large NextEra solar-plus-battery project in Garfield County, Oklahoma, told me. “We know that it’s a scam and we don’t support it. And we don’t support using our taxpayer money for something that we didn’t have a voice in.”
Cheyenne Branscum, chair of Sierra Club’s Oklahoma chapter, told me it is difficult for supporters of renewable energy to counter this insurgent populist movement against the sector. Part of the dilemma is that environmental activism itself is seen by many of the state’s most red-blooded Republicans as a “radical” act, so if climate advocates were to organize counter protests it would likely backfire. When asked how her organization and others could best deal with the anti-renewables sentiment rising in her state, she talked about education programs – not confrontation.
“We’re not going to change anything at the state capital,” Branscum told me. “All a counter rally is going to do is make them have more opportunities to make us into a meme. They’re going to have some angry picture out there with a sign and be labeled some crazy radical that doesn’t care about their community. And it is unfortunately a hurdle.”
The Sooners’ Warning Shot
The Oklahoma rebellion should be cold comfort for anyone who buys into one of the implicit political principles behind the country’s first climate law – the Inflation Reduction Act.
Whether folks in D.C. want to admit it or not, the American anti-renewables revolution is rising up as Donald Trump retakes the White House and it is going to try and make its own impact on the Inflation Reduction Act. While much ado has been made about how the overwhelming majority of monetary benefits from the IRA are supporting investments in Republican-controlled states, as veteran lobbyist Frank Maisano put it to me last year, “Businesses will support many things that they have their tentacles into and Republicans will support many things that are going on in their districts that constituents like.”
“The reality is, if you’re going to try to repeal it,” Maisano said, “you’re going to have to do it through Congress and a lot of the action in the energy transition is in Republican districts. It becomes a constituent issue.”
What if many Republican constituents simply don’t like these new investments, in spite of the promises of jobs or tax benefits? What happens if Republicans in Congress are primaried simply for allowing solar and wind to keep getting federal tax breaks?
None of this surprises Nathan Jensen, a Texas University professor specializing in resource politics, who believes Oklahoma will only be the first to face a movement for a state-wide ban on new renewables. Just look at Texas where, like Oklahoma, the energy sector has become a panacea for wind and solar energy but many GOP policymakers have turned on economic development packages for new renewables. A state-wide ban hasn’t been discussed yet, but Jensen can imagine the idea gaining traction.
Jensen said he believes the organizing on platforms like Facebook only tells part of the story. Clearly, he says, a lot of people are joining that cause because the industry’s grown large enough that people are hearing from the farm or town next to theirs about solar and wind projects. And whether climate advocates want to hear it or not, these people are not loving what they’re hearing. Solar and wind projects don’t create that many jobs after they’re built. They do create a flurry of construction, but that’s a form of labor that leaves when it’s done and is often resented by neighbors, leading to disputes over dust, noise, or water. Then there’s the tax abatements for developers, which aggrieved residents see as taxpayer dollars going to large companies without their say – precisely the message gaining traction in Oklahoma.
This means places that seem safe for renewable developers are no longer safe and companies need to be really careful about how they approach community benefits. It’s not something you can just say – you really need to deliver what you promise.
“I know there’s a lot of news about organized anti-solar, which clearly happens, but also there’s this organic opposition that happens where it’s like, ‘You’re asking for how much from our school district?’” Jensen said. “Some of it is organized Facebook groups against solar but I think there is a lot of frustration.”
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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.