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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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Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.
A conversation with Josh Freed of Third Way
This week’s conversation is about the big energy policy story of the week – month? year? – which is the new bipartisan permitting deal in the U.S. Senate. As my colleagues and I were feverishly working on our mega-explainer about the bill, I rang up Josh Freed, founder of Third Way’s energy and climate program, who graciously picked up the phone despite traveling in London. Freed, a fellow energy wonk-slash-musician, was gracious to jam out with me on all the things I felt you needed to know about this bill – including whether there really is only one shot to get what he believes would be landmark legislation into law.
The following chat was lightly abridged for clarity. Let’s dive in.
Let’s start with descriptions. Thomas Hochman, a friend of Heatmap News, published a lengthy blog about the new bipartisan Senate permitting bill in which he describes it as a “grand bargain.”
Do you agree with that description?
No. See, it’s so funny, I saw that description as well and I think over the years I’ve soured on the concept of ‘grand bargains.’ But it’s hugely significant.
Okay. If it’s not a ‘grand bargain,’ how would you describe it?
Well the problem with a ‘grand bargain’ is it assumes there’s all these trade-offs and everyone gets a little bit of something. But the reason I think it’s just significant, and not that, is it took the transmission architecture that Manchin-Barrasso had that was close to passing and built it out for current load growth. That’s a big deal given how much the transmission side has been a blockage in the system. And how much they dealt with the permitting of infrastructure, generally.
When we did our survey of over 200 project developers a little over a year ago, we were surprised at how much that was what they were concerned about – transmission and permitting of utility-scale solar. They’ve added those two things into the bill. So we’ve got consequential transmission permitting provisions and steps to add a lot of certainty, while shortening the window where objections based on those laws can pop up. This means a lot more is likely to be built and it’s very likely that’ll be clean.
There’s infrastructure with fossil fuels that’ll be built. We get that. But when costs are so high, that’s also sort of inevitable. The overall proposal is more of a win to build than a bargain.
Does the language in this bill adequately address Trump’s freeze on federal permits for renewable energy projects?
I think it is a really important step in the right direction with permitting certainty for solar and wind but this question with national security, and making sure this gives the certainty that these projects will ultimately be delivered… I just genuinely don’t know. But we need to make sure it's sufficiently airtight. Is this the best, most reasonable attempt to do this? That’s the question that needs to be answered.
The combination of permitting certainty and anti-discrimination language barring the executive branch from category wide attacks on offshore wind or solar are steps that need to be taken. At some point we’re all going to have to take the step off the cliff together and see what happens next because we’re getting as good as we’re going to get, presuming the administration will follow the law. If they don’t follow the law, there’ll be actions to be taken to get them back on track.
But this is what you have to do, because otherwise, everything’s still broken. At least it gives us additional mechanisms to keep them in line.
Do you think this has to happen before the next Congress convenes?
The most likely time for action is the lame duck period in Congress. I think there’s a slim chance you could see something happen next year but it’s impossible to predict how likely that chance is or what it would look like until we see the election results. I wouldn’t want to gamble on everything lining up to get another bite at the apple next year. And lame duck’s always been the most likely time for this to happen.
Okay. So let’s say this bill becomes law. What do folks like you do next on energy in D.C.?
I think we get this done and then we’ve got to make sure the law works. Assuming this passes, we’ve got to make sure the obstacles we thought were obstacles really were the obstacles, and this still doesn’t address additional issues data centers have raised. We need an enforceable framework so as data centers come onto the system, the additional generation and transmission is built in a way that’s in the best interest of communities and paid for by the data centers.
There are questions of whether the market structures created more than a hundred years ago are still the correct structures for 2026. If they’re not, then what’s the path to getting stuff built and maintained effectively? That alone is enough. And I think the next biggest thing: what parts of the supply chain should be developed and where? Transformers, batteries, the future of the auto industry… all those fun things are up in the air.