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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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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.