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What’s the matter with Wisconsin?

The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.
Over the last week, I’ve pored over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).
In four out of the five states I found remarkable harbingers of troubles and tension in the foreground, as the nation careens toward a midterm election fast being defined by rising electricity bills and the AI infrastructure many Americans believe to be to blame.
In Texas an influential conservative think tank, the Texas Public Policy Foundation, is urging the state utilities commission to pause transmission permitting so legislators can help “the market to direct less revenue to wind, solar, and storage.” In Arizona, Democrats and Republicans are clashing over a four mile “nuisance” setback for solar and wind projects which industry backers have claimed would be a de facto ban on new projects. In Wisconsin, GOP gubernatorial hopeful Tom Tiffany is campaigning with renewables dissidents while railing against data centers too on a platform of empowering local control over infrastructure siting.
My only exception is California where, for a multitude of reasons, our Heatmap Pro data actually finds renewable energy conflicts and cancellations are actually down from their all-time average.
So here’s my breakdown of the top five states to watch for the future of policy governing renewable energy development. I hope this list is helpful. Oh, and for the sake of saving you time, I’m not going to delve deep into wind energy policy specifically, because there’s no reason to – you and I both know that industry’s fate is being decided by Donald Trump alone.
On Wednesday, after briefing Fight subscribers about this list in advance, I didn’t think I’d be breaking huge news. Then I spotted a grassroots anti-transmission organizer in the Lone Star State exclaiming on Facebook about a letter submitted that day to a Texas Public Utilities Commission docket from the Texas Public Policy Foundation, one of the most influential conservative think tanks in the United States.
The TPPF letter, which has not yet been reported, called for a statewide pause on transmission permitting pending new legislation that would deprioritize solar, wind, and battery storage on the state grid. It endorsed a motion to abate proceedings for approving new 765-kV high voltage power lines, a buildout in progress responding to various constraints on the grid as well as data center growth. And there were consignatories, including a litany of oil company executives as well as ranchers. “The need for so many long-distance lines is fundamentally driven by the failure of the wholesale market to properly incentivize the development of dispatchable generation close to load,” wrote Greg Sinclar, the think tank’s CEO. “The PUC and ERCOT need to implement a complete solution instead of partial fixes. Fundamentally, Texas needs the market to direct less revenue to wind, solar, and storage and more to reliable generation to properly account for the differences in reliability, variability, and duration of those different resources.”
Towards the end of the message, the think tank recommended what I now consider to be one of the most important pieces of state-level legislation considered anywhere in the country and which nearly became law last year. I wrote about the bill last year, as it would require energy generation projects to produce electricity whenever called upon or else they’d pay a fine, a concept opponents effusively say would target solar and wind projects lacking the energy storage to be on call for grid operators 24/7. (Nevermind the fact that solar plus storage has been the hero of the Texas grid this summer.)
“We think that the market will respond to those changes by building the amount and types of reliable generation needed in Texas and eliminate the need for more transmission and out-of-market subsidies,” Sinclair concluded.
The conservatives’ request was subsequently endorsed by Texas attorney general Ken Paxton, but wasn’t heeded. The Public Services Commission on Friday approved two large 765-kV lines out to West Texas, and it’s unclear whether the commission will heed future requests to pause green lines for these power lines given ongoing reliability concerns. But suddenly, Texas Gov. Greg Abbott’s support for a permitting pause looks a little different, especially since Texas attorney general and GOP senate candidate Ken Paxton filed comments supporting the abatement request earlier in the day.
“The Commission should pause to allow the Legislature time to evaluate the benefits and risks of these massive transmission lines. While the potential benefit of such lines may be significant, so is the risk of damage to privately owned lands and natural resources and the Legislature has not yet had the ability to balance those interests,” Paxton wrote in a legal brief to the commission, per the Texas Tribune.
For months now, myself and others at Heatmap have warned that the data center backlash could provide room for an anti-renewables Trojan Horse, as demand constraints and energy price politics change the calculus around the generation mix for elected officials and candidates for public office. Suddenly there’s a flashy new reason to argue for “firm” generation like gas and coal that can run all the time, especially in a state like Texas already dealing with blackout risk. And now it’s more evident than ever how at least one influential corner of conservative orthodoxy wants to respond: halting new electricity infrastructure so investors downgrade the value of building renewables.
When reached for comment, TPPF confirmed its desire to see this legislation passed before any major transmission buildout in the Lone Star State. “Texas ratepayers shouldn't be forced to subsidize billions in transmission infrastructure built primarily to move intermittent wind and solar generation that can't reliably deliver when Texans need it most,” read a statement provided by the think tank’s vice president of communications Eric Oldfather, which posited that “much of the pressure for these lines is coming from companies trying to meet their ESG goals, not by what Texas actually needs for a reliable grid.”
“The Legislature needs to weigh in before the PUC locks in costs that families and businesses will be paying for decades,” the statement concluded.
When Trump was first elected, the “Abundance” movement said California needed to be more like Texas when it came to permitting renewables. I’m not so sure that’s true anymore.
New renewable energy fights have consistently declined since early 2025, according to Heatmap Pro data, from a high of 18 fresh fights in the first quarter of that year to eight in the last three months. Every quarter, the number of new conflicts has gone down.

This could be for any number of reasons, like enactment of a siting law giving developers alternatives to local regulators more likely to represent the state’s historical NIMBYist tendencies. But it’s also possible that the state benefits from lacking the data center boom and backlash snaring other areas of the country. While California currently has one of the largest sets of operating data center facilities, it’s far from the primary destination for the new builds we’re seeing for artificial intelligence. There’s a teeny backlash happening, but it's been comparatively tiny.
Unlike New York State, there isn’t even a legislative push gaining steam for a statewide moratorium yet. That could be because rumored 2028 presidential contender Gov. Gavin Newsom last year vetoed a bill mandating new water use disclosures, suggesting he may not have purchase for that sort of law. But this also demonstrates regulating data centers is not as important a priority to him as, let’s say, strengthening the grid from fire risk and lowering gas prices.
In other words, California has more favorable waters than anyone could’ve expected last year.
Some lawmakers in the sunniest state really want solar energy to be far, far away from people.
This year the Arizona state house passed a bill that would label utility-scale renewable energy projects a "nuisance" and compel them to be located at least four miles away from residential homes. Per the legislative text, project operators would suddenly be subject to a misdemeanor, unless they got certificates from the Arizona Corporation Commission and its committee on power plant and transmission siting. And it would require the state attorney general to immediately bring legal action to “abate, enjoin, and prevent” projects from being built or operating out of compliance with the new restriction. Pro-renewables organization Advanced Energy United called the proposal a “practical siting ban plus an automatic litigation trigger.” (At least the bill authors exempted rooftop solar from being a nuisance, because how would that work?)
It’s unlikely that in an election year favorable for Democrats this bill stands any chance of becoming law. Yet it’s important to recognize Arizona is now for the second time in two years home to a bitter divide over indefinitely halting at least some forms of renewable energy, after legislators last year rejected a flat out wind project ban. Should there be a Red Wave election cycle, we can only surmise the potential for choppy waters and relative instability in this otherwise blossoming state for solar development.
Renewable energy developers better hope the future of Republican public utility regulators doesn’t look like Jim Zeigler.
In June, Zeigler won the GOP primary for a Public Service Commissioner against an incumbent, Chris Beeker. At the time, the former state auditor campaigned primarily on fighting the growth of data centers and solar farms in the state, lumping them together in the same breath. “They can ruin your community, consume water, and drive your electric bills up,” Zeigler said of both industries in an ad featured on the homepage of his campaign website. Zeigler is responding to local concerns like those in Stockton, a town south of the city Montgomery where residents are opposing a large Silicon Ranch project. People in the area routinely link the solar farm to a Meta data center campus being built north of them, in the city.
When Zeigler won the nomination, I predicted his candidacy, if successful, could set a blueprint for other Republicans elsewhere in the United States hoping to harness an industrial techlash against the development of renewable energy projects. In another era, I’d think a man who defended Roy Moore would have more trouble in Alabama. But it’s entirely plausible Zeigler’s previous work on the commission decades ago, combined with an enthusiastic base of support in the state’s Republican base, will catapult his remarkable candidacy to the PSC.
Nothing has irritated me more lately than the online discourse over the Wisconsin gubernatorial campaign and data center development.
Right after winning the Democratic primary for governor, former Milwaukee County executive David Crowley told NBC News he opposed a moratorium on new data center projects because some communities might still want them. Then his GOP opponent Tom Tiffany went on a posting spree littered with deceptively cut clips and trotted out a Trumpian nickname for his opponent: Data Center David. Since then, for weeks, I’ve watched my X feed routinely return to this spat to debate whether Democrats let Republicans win on this issue as a whole, not only in Wisconsin but nationally.
Except… Tiffany doesn’t support a moratorium either. Where the two candidates differ most is that Crowley would require new data centers to not only bring their own energy but prioritize using 100% clean carbon-free energy. Tiffany, meanwhile, has been trotting around the Badger State campaigning in rural communities fighting renewable energy projects and also data centers, criticizing Crowley’s “BYONCE” approach. “David Crowley has called for 100% wind, solar, and battery storage to power data centers. That means not only paving over land for the data centers themselves, but destroying tens of thousands of additional acres of Wisconsin land for solar panels, wind turbines, battery facilities, and transmission infrastructure,” states Tiffany’s website.
Like Zeigler, a Tiffany victory would have ripple effects for renewable energy politics across the country. Both candidates combine this angst over data centers with an overlapping Venn Diagram of potential policy pain for solar, wind, battery storage, and transmission.
In Wisconsin, the most likely practical impact of a Tiffany victory would be changes to state siting. Wisconsin is like California in that state regulators can have a final say over utility-scale solar and wind permitting, instead of localities. And like in Michigan, I expect any new governing GOP majority in the state legislature to ready, aim, fire at that permitting structure, opting instead for emboldening local control over energy development.
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The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.
A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.
Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.
So, Trump is delaying key approvals even for wind projects on private land, a worst-case scenario for the industry during his presidency. With support from their respective trade groups, many project developers sued and in August won a preliminary injunction against this de-facto national wind energy freeze. The court ruling said federal law laid out clear deadlines for completing these airspace reviews and the administration was willfully missing them.
“[In] light of DoD’s review freeze that started a year ago and still has no end in sight, the wind developers would naturally look to the same deadlines for relief,” U.S. District Judge Karin Immergut wrote, stating the administration’s pause violated the Administrative Procedures Act. Immergut also said the Trump administration potentially violated the law by reviewing projects under a new national security “methodology” that was defined by Congress.
But on Thursday, in its first update to the court since the ruling, the Justice Department laid out how essentially all projects remain at a standstill because they were adopting a new kind of comprehensive review process.
The administration claimed that “as a matter of policy” it had “resumed processing wind energy project applications,” but it only described a single instance where a company had heard from the military about moving forward. In addition, that company as well as all others affected by the freeze would still face a “new analytical methodology” for federal agencies reviewing height clearances for all projects, which appears to fly in the face of the ruling. The Justice Department did not provide any more detail about the methodology in its status update to the court.
Nicole Hughes, executive director of lead plaintiff Renewable Northwest, asserted in an interview Tuesday that the agency isn’t complying with the court order. “It appears to me they’re still stalling,” Hughes told me, adding the federal government’s reluctance to proceed is creating “a pretty high risk” for developers of any new wind projects in the United States. She said if nothing changes in the short term, they’re going to “have to go back to the judge and ask for further clarification as to what it means to comply with this order.”
“The lack of compliance by the administration does put into question the credibility [of the courts] and what pieces hold their feet to the fire? What remedies do we have? There’s never been a time an administration flaunts a judge’s orders the way the administration is.”
The Justice Department status update described a multitude of wind energy projects impacted by the freeze. At least 30 projects apparently already signed deals proposed by the military to mitigate radar impacts and were awaiting a counter-signature from the Department of Defense (which Trump calls the Department of War or DoW). Those previous legal agreements are now at risk of being thrown out, according to the Justice Department filing. The new pathway forward for them apparently is: “DoW will either (i) provide a notice that the project presents an unacceptable risk to national security, (ii) re-engage in negotiations with the developer to attempt to ameliorate any unacceptable risks, or (iii) circulate to the project proponent [a] new model mitigation agreement.”
At least 110 projects were in the middle of discussions with the federal government about mitigating airspace impacts when the injunction came down, according to the DOJ filing, which says none of them have heard from officials since the injunction. “As of this filing, developer re-engagements have yet to begin because such discussions need to be informed by the analytical results. Given the number of projects in this category, DoW has been assessing how to resume review and engagement with the developers.”
The DOJ said another 50 projects awaiting initial meetings with the federal government about airspace risk will begin once the administration “finishes with those” 110 projects that were in the middle of the process. That waiting list will also include another at least 40 projects the Justice Department said received “presumed risk” airspace notices from the federal government.
We’ve seen the Trump administration use extralegal means to delay wind energy before, but never to this extent or after a judge ruled against them. The Interior Department had been freezing wind and solar projects on federal lands under a policy requiring Secretary Doug Burgum sign off on routine approvals, but those typical government processes seem like they’ve resumed after a different federal court ruling enjoining that policy.
American Clean Power, the largest utility-scale solar and wind energy trade group, declined to comment. The Department of Defense did not respond to a request for comment.
Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.
This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?
The following conversation was lightly edited for clarity.
Let’s start with the updates. Walk me through what’s new in your research.
So, we published two-year reports that detail renewable energy opposition across the United States; one is our report we’ve published since 2021 and it’s a new edition, and the other is an update of a report we published a few years ago on false claims about renewable energy where we highlight the misinformed used against projects.
This year’s local opposition report found local opposition continues to be widespread and really endemic. There’s been opposition to renewable energy development in every state across the country and we’re seeing it still have a real impact on whether projects get built. But there are small glimmers of hope. We identified 70 new state and local restrictions, which was a decline from previous years — that’s notable.
In select states where there have been a lot of these local restrictions, we’ve seen a drop off, like in Michigan after they enacted their state siting law. These are encouraging signs, and obviously it’s still early days, but it shows some of these state reforms are having a positive impact.
How is data center opposition coming up in your research?
Our reports do not track opposition to data center development. But we do certainly hear anecdotally that debates over data center development are spilling over into debates over renewable energy and battery storage. Often, local communities express concern that these new projects are just being built to power data centers — in some cases when there’s no connection at all, really. But I don’t have data on that link.
You said the law Michigan enacted might be working. Do you know if these laws limiting local opposition actually help with fighting renewable energy opponents, or are they engendering their own backlashes that undermine their effectiveness?
I think it’s too early to say the impacts they’ll have over the medium to long term. In the near term, many of the laws have been successful in accelerating the permitting of renewable energy projects or making it easier for them to be approved. Recent data out of New York shows that many of the projects that have gone through the new siting process are being approved — they’re still fairly long but they’re consistent which is good for development. In other places we’ve seen efforts to limit local government’s ability to adopt restrictions on renewable energy development, like Illinois and Michigan.
Those laws are relatively new, but the data we have shows that drop-off. It suggests the intended effect. But we need more time to know how effective they are and some of those laws have been getting quite a bit of pushback. There’s been a myriad of bills enacted in state legislatures across the country that would roll back those recent reforms or impose new restrictions on renewable development.
How much does the coming midterm election matter for the future of opposition to renewable energy?
I do think the next election will have important implications on whether we continue to see the ever-growing number of state level restrictions adopted or if we see a shift there.
Even if we see a shift in the composition of legislatures, I do think we’ll continue to see community opposition in many places to these projects. We shouldn’t ignore that developing a solar or wind project does have impacts on the local community and so developers really need to take steps to mitigate and manage those impacts.
If they don’t they’ll face the opposition, and even if they are they may face it because of misinformation around these projects.
My last question is, to what extent did the repeal of the IRA impact the ability for local opposition to kill projects in the crib?
I can’t say that definitively. I certainly don’t have the data that would support that sort of claim. And we don’t track that, specifically.
But often, groups that are opposed to renewable energy development will express concerns about the costs of projects or emphasize projects may not be viable without government subsidies. So the rollback of tax credits under the IRA plays into that argument. Of course when you look at the data, renewable energy projects are cheaper and the argument doesn’t hold muster.
But it’s an argument we regularly see pushed by opposition groups. That is how we have seen the IRA repeal affect this.
A developer sues an Arkansas paper, plus more of the week’s biggest development fights.
1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.
2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?
3. Loudon County, Virginia – Data Center Alley is giving us our first real glimpse of what data center legislating could look like if Democrats control at least one chamber of Congress.
4. Lane County, Oregon – The second largest city in Oregon is now turning down data centers, just as the governor starts saying no to anything on state land.