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Spotlight

Anatomy of a Texas NIMBY

Inside a solar fight in the “cowboy capital of the world.”

Texas flag.
WikiCommons / Ricardo Gomez-Angel / Heatmap

An hour northwest of San Antonio, Texas, the small town of Bandera is home to fewer than 1,000 people. Complete with old-timey heritage buildings from the Old West, the town markets itself as a ranching tourism destination and the “cowboy capital of the world.”

And some residents really don’t want the solar farm coming to town: Pine Gate Renewables’ Rio Lago solar project, which would produce 132 megawatts of power. That’s enough renewable electricity to fuel almost 23,000 homes.

When the project first appeared on homeowners’ doorsteps, citizens concerned about building anything at industrial scale in their bucolic community rejected a local tax abatement and began speaking to local media. Eventually, roughly a dozen people living near the proposed Rio Lago site filed a lawsuit in state court seeking damages for alleged sediment runoff, along with a laundry list of other complaints. The state court judge was sympathetic to the individuals in Bandera, ordered construction to stop and sanctioned Pine Gate when residents said the company appeared to continue work on the project. The case is now pending in federal court.

Taken together this outcry, lawsuit, and all of the resulting local news coverage coverage add up to a crucial test: Can a handful of people block carbon-free power to so many homes?

In this circumstance, probably not. Last week, the federal judge now overseeing the case – Richard Farrer, who was appointed under Trump in 2017 – told the aggrieved homeowners and their lawyer that while the allegations of damages may still proceed to trial, there was “not sufficient evidence of imminent irreparable harm to support” an order to stop construction, according to a transcript of the hearing.

But still, this case still fascinates. That’s because despite Texas’ conservative political leaning the Lone Star state is a panacea for renewables development. It produces 16% of the nation’s total renewable energy but accounts for only 2.5% of the contested projects, restrictive ordinances, and moratoriums in Heatmap Pro’s database. Part of the reason Texas is so receptive is that energy production overall is pretty welcome – when you’re so used to oil rigs, a solar farm isn’t that big of a deal. For its part, Pine Gate clearly thinks it’s a great place to build as the company claims to have forty projects at various stages in the state.

The case of Bandera and the Rio Lago solar project ultimately illustrates NIMBYism – historically understood as more of an issue amongst liberals – can occur in even the most staunchly conservative parts of the country: the town is represented in Congress by Rep. Chip Roy, who has a 96% lifetime score from the Heritage Foundation’s political arm and a month ago called to fully defund the Energy Department’s Office of Energy Efficiency and Renewable Energy.

Ultimately, while renewable energy and decarbonization capital is pouring into culturally red areas across the U.S., this conflict demonstrates how a backlash can really rear its ugly head.

Jennifer Rosenblatt, a lawyer representing the homeowners opposed to the solar farm, told me her litigation isn’t “anti-solar” and “simply a construction issue.” But she acknowledged the residents are motivated by a simple and familiar adage: “Nobody wants it in their backyard.”

“All things being equal, they don’t want it there,” Rosenblatt said. “Everybody wants to say it’s a lawsuit about ‘not in my backyard,’ but in Texas you can’t control what somebody does on their property next door. There’s no lawsuit about that.”

We’ll keep you updated on the status of this lawsuit in future editions of The Fight.

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Spotlight

How Trump’s Speed-to-Power Push for Data Centers Could Backfire

Will moving fast and breaking air permits exacerbate tensions with locals?

Donald Trump and Rick Perry.
Heatmap Illustration/Getty Images

The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.

On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.

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Hotspots

South Carolina County Mulls Lifting Solar Ban

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Berkeley County, South Carolina – Forget about Richland County, Ohio. All eyes in Solar World should be on this county where officials are trying to lift a solar moratorium.

  • Berkeley County instituted a solar moratorium in 2023. Now RWE is asking the county to lift the moratorium and the county’s land use committee voted this week at a hearing to recommend doing so, citing concerns from state utility Santee Cooper about energy prices. The county has seen electricity prices rise roughly 20% over the past three years, according to our Electricity Price Hub.
  • “They flat out said they need more power. They’re not going to have enough power by 2029,” councilmember Amy Stern said at a hearing Monday. “We are going to have more of this [discussion]. The moratorium lift[ing], all it does is allow us to get more information.” RWE wants to rezone land for a utility-scale solar farm the company claims would provide 198 megawatts, enough power for 37,000 homes.
  • Some most vocally supportive of the moratorium packed the hearing room, becoming so boisterous the council threatened local sheriff intervention. This shouldn’t be surprising; public opinion modeling indicates overall support for renewable energy in Berkeley County but the area has a substantial opposition risk score – 62 – in the Heatmap Pro database.
  • I’m closely monitoring whether the outcry overrules concerns about energy prices and Berkeley County supervisor Johnny Cribb told attendees of the hearing he’s against lifting the moratorium: “I’m against large-scale solar farms in this county, because of the reality of our county.”

2. Hill County, Texas – We have our first Texas county trying to ban new data centers and it’s in one of the more conservative pockets of the state.

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Q&A

The Biggest Data Center Critic in Utah Politics

A conversation with Utah state senator Nate Blouin.

Nate Blouin.
Heatmap Illustration

This week’s conversation is with Utah state senator Nate Blouin – a candidate for the Democratic nomination to represent the state’s 1st Congressional District, which includes Salt Lake City. I reached out to Blouin amidst the outpouring of public attention on the Box Elder County data center project backed by celebrity investor Kevin O’Leary. His positions on data centers and energy development, including support for a national AI data center moratorium, make him a must-watch candidate for anyone in this year’s Democratic congressional primaries. (It’s worth noting this seat was recently redrawn in ways that made it further left.)

The following conversation was lightly edited for clarity.

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