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Why farmers are becoming the new nemeses of the solar and wind industries

Farms are fast becoming one of the most powerful opponents to renewable energy in the United States, second perhaps only to the fossil fuel industry. And it’s frighteningly unclear how developers will resolve this problem – or if they even can.
As solar and wind has grown rapidly across the country, so too have protests against solar and wind power on “prime farmland,” a loose term used by industry and government officials to describe property best suited for growing lots of crops. Towns and counties are banning the construction of solar and wind farms on prime farmland. State regulators – including those run by Democrats – are restricting renewable development on prime farmland, and members of Congress are looking at cutting off or restricting federal funds to projects on prime farmland.
In theory, meeting our country’s climate goals and industry needs should require very little farmland. But those same wide expanses flush with sunlight and gusts of wind sought after by developers happen to often be used by farmers: A USDA study released this year found more than 90% of wind turbines and 70% of solar farms in rural areas were sited on agricultural land.
It would be easy for an activist or energy nerd to presume this farmland free-for-all is being driven by outside actors or adverse incentives (and there’s a little bit of that going on, as we’ll get to).
However, weeks of reporting – and internal Heatmap News datasets – have revealed to me that farmland opposition actually has a devilishly simple explanation: many large farm owners are just plain hostile to land use changes that could potentially, or even just hypothetically, impact their capacity to grow more crops.
This means there is no easy solution and as I’ll explain, it is unclear whether the renewables sector’s efforts to appear more accommodating to agricultural businesses – most notably agri-voltaics – will stem the tide of local complaints from rural farmers.
“This is a new land use that is very quickly accelerating across the country and one of the major reactions is just to that fact,” Ethan Winter of American Farmland Trust, a nonprofit promoting solar education in farm communities, told me. “These are people who’ve been farming this land for generations in some instances. The idea of doing anything to take it out of agricultural production is just hard for them, for their community, and it’s about the culture of their community, and if solar is something that can be considered compatible with agriculture.”
Over 40% of all restrictive ordinances and moratoriums in Heatmap Pro's database are occurring in counties with large agricultural workforces.
In fact, our internal data via Heatmap Pro has found that agricultural employment can be a useful predictor of whether a community will oppose the deployment of renewables. It's particularly salient where there's large-scale, capital-intensive farming, likely because the kind of agriculture requiring expensive machinery, costly chemicals, and physical and financial infrastructure — think insurance and loans — indicates that farming is the economic cornerstone of that entire community.
Resentment against renewables is pronounced in the Corn Belt, but it’s also happening even in the bluest of states like Connecticut, where state environmental regulators have recommended against developing on prime farmland and require additional permits to build on preferred fertile soils. Or New York, where under pressure from farming groups including the state Farm Bureau, the state legislature last year included language in a new permitting authority law limiting the New York Power Authority from approving solar and wind on “land used in agricultural production” unless the project was agrivoltaics, which means it allows simultaneous farming of the property. The state legislature is now looking at additional curbs on siting projects in farmland as it considers new permitting legislation.
Deanna Fox, head of the New York Farm Bureau, explained to me that her organization’s bottom-up structure essentially means its positions are a consensus of its grassroots farm worker membership. And those members really don’t trust renewables to be safe for farmland.
“What happens when those solar arrays no longer work, or they become antiquated? Or farmland loses its agricultural designation and becomes zoned commercial? How does that impact ag districting in general? Does that land just become commercial? Can it go back to being agricultural land?” Fox asked. “If you were to talk to a group of farmers about solar, I would guarantee none of them would say anything about the emotional aspect of it. I don’t think that's what it really is for them. [And] if it’s emotional, it’s wrapped around the economics of it.”
Surveys of farmers have hinted that fears could be assuaged if developers took steps to make their projects more harmonious with agricultural work. As we reported last week, a survey by the independent research arm of the Solar Energy Industries Association found up to 70% of farmers they spoke with said they were “open to large-scale solar” but many sought stipulations for dual usage of the land for farming – a practice known as agrivoltaics.
Clearly, agrivoltaics and other simultaneous use strategies are what the industry wants to promote. As we hit send on last week’s newsletter, I was strolling around RE+, renewable energy’s largest U.S. industry conference. Everywhere I turned, I found publicity around solar and farming.
The Department of Energy even got in on the action. At the same time as the conference, the department chose to announce a new wave of financial prizes for companies piloting simultaneous solar energy and farming techniques.
“In areas where there has been a lot of loss of farmland to development, solar is one more factor that I think has worried folks in some communities,” Becca Jones-Albertus, director of DOE’s solar energy technologies office, told me during an interview at the conference. However agri-voltaics offer “a really exciting strategy because it doesn’t make this an either or. It’s a yes and.”
It remains to be seen whether these attempts at harmony will resolve any of the discord.
One industry practice being marketed to farm communities that folks hope will soften opposition is sheep grazing at solar farms. At RE+, The American Solar Grazing Association, an advocacy group, debuted a documentary about the practice at the conference and had an outdoor site outside the showroom with sheep chilling underneath solar panel frames. The sheep display had a sign thanking sponsors including AES, Arevon, BP, EDF Renewables, and Pivot Energy.
Some developers like Avangrid have found grazing to be a useful way to mitigate physical project risks at solar farms in the Pacific Northwest. Out in rural Oregon and Washington, unkempt grasslands can present a serious fire risk. So after trying other methods, Avangrid partnered with an Oregon rancher, Cameron Krebs, who told me he understands why some farmers are skeptical about developers coming into their neck of the woods.
“Culturally speaking, this is agricultural land. These are communities that grow wheat and raise cattle. So my peers, when they put in the solar farms and they see it going out of production, that really bothers the community in general,” he said.
But Krebs doesn’t see solar farms with grazing the same way.
“It’s a retooling. It may not be corn production anymore. But we’re still going to need a lot of resources. We’re still going to need tire shops. I think there is a big fear that the solar companies will take the land out of production and then the meat shops and the food production would suffer because we don’t have that available on the landscape, but I think we can have utility scale solar that is healthy for our communities. And that really in my mind means honoring that soil with good vegetation.”
It’s important to note, however, that grazing can’t really solve renewables’ farmland problem. Often grazing is most helpful in dry Western desert. Not to mention sheep aren’t representative of all livestock – they’re a small percentage. And Heatmap Pro’s database has found an important distinction between farms focused on crops versus livestock — the latter isn’t as predisposed to oppose renewable energy.
Ground zero for the future of renewables on farmland is Savion's proposed Oak Run project in Ohio, which at up to 800 megawatts of generation capacity would be the state’s largest solar farm. The developer also plans to let farmers plant and harvest crops in between the solar arrays, making it the nation’s largest agri-voltaics site if completed.
But Oak Run is still being opposed by nearby landowners and local officials citing impacts to farmland. At Oak Run’s proposed site, neighboring township governments have passed resolutions opposing construction, as has the county board of commissioners, and town and county officials sued to undo Oak Run’s approval at the Ohio Power Siting Board. Although that lawsuit was unsuccessful, its backers want to take the matter to the state Supreme Court.
Some of this might be tied to the pure fact Ohio is super hostile to renewables right now. Over a third of counties in the state have restricted or outright banned solar and wind projects, according to Heatmap Pro’s database.
But there’s more at play here. The attorney representing town and county officials is Jack Van Kley, a lawyer and former state government official who remains based in Ohio and who has represented many farms in court for myriad reasons. I talked to Van Kley last week for an hour about why he opposes renewables projects (“they’re anything but clean in my opinion”), his views on global warming (“I don’t get involved in the dispute over climate change”) and a crucial fact that might sting: He says at least roughly two thirds of his clientele are farmers or communities reliant on agricultural businesses.
“It’s neighbor against neighbor in these communities,” he told me. “You’ve got a relatively low number of farmers who want to lease their land so that the solar companies can put solar panels on them for thirty or forty years, and it’s just a few landowners that are profiting from these projects.”
Van Kley spoke to a concern voiced by his clients I haven’t really heard addressed by solar developers much: overall impacts to irrigation. Specifically, he said an outsized concern among farmers is simply how putting a solar or wind farm adjacent or close to their property will impact how groundwater and surface water moves in the area, which can impact somebody’s existing agricultural drainage infrastructure.
“If you do that next to another property that is being farmed, you’ll kill the crop because you’ll flood the crop,” he claimed. “This is turning out to be a big issue for farmers who are opposing these facilities.”
Some have tried to paint Van Kley as funded or assisted by the fossil fuel lobby or shadowy actors. Van Kley has denied any involvement in those kinds of backroom dealings. While there’s glimpses of evidence gas and coal money plays at least a minor role with other characters fomenting opposition in the state, I really have no evidence of him being one of these people right now. It’s much easier and simpler to reason that he’s being paid by another influential sect – large landowners, many of whom work in agriculture.
That’s the same conclusion John Boeckl reached. Boeckl, an Army engineer, is one of the property owners leasing land for construction of the Oak Run project. He supports Oak Run being built and has submitted testimony in the legal challenge over its approvals. Though Boeckl certainly wants to know more about who is funding the opposition and has his gripes with neighbors who keep putting signs on his property that say “no solar on prime farmland,” he hasn’t witnessed any corporate skullduggery from shadowy outside entities.
“I think it’s just farmers being farmers,” he said. “They don’t want to be told what to do with their land.”
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
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.