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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

The 5 Fights to Watch in 2026

Spoiler: A lot of them are about data centers.

Data centers and clean energy.
Heatmap Illustration/Getty Images

It’s now clear that 2026 will be big for American energy, but it’s going to be incredibly tense.

Over the past 365 days, we at The Fight have closely monitored numerous conflicts over siting and permitting for renewable energy and battery storage projects. As we’ve done so, the data center boom has come into full view, igniting a tinderbox of resentment over land use, local governance and, well, lots more. The future of the U.S. economy and the energy grid may well ride on the outcomes of the very same city council and board of commissioners meetings I’ve been reporting on every day. It’s a scary yet exciting prospect.

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Hotspots

A Texas Data Center Dispute Turns Tawdry

Plus a resolution for Vineyard Wind and more of the week’s big renewables fights.

The United States.
Heatmap Illustration/Getty Images

1. Hopkins County, Texas – A Dallas-area data center fight pitting developer Vistra against Texas attorney general Ken Paxton has exploded into a full-blown political controversy as the power company now argues the project’s developer had an improper romance with a city official for the host community.

  • For those who weren’t around for the first go, here’s the low-down: The Dallas ex-urb of Sulphur Springs is welcoming a data center project proposed by a relatively new firm, MSB Global. But the land – a former coal plant site – is held by Vistra, which acquired the property in a deal intended for remediating the site. After the city approved the project, Vistra refused to allow construction on the land, so Sulphur Springs sued, and in its bid to win the case, the city received support from Texas attorney general Ken Paxton, whose office then opened an antitrust investigation into the power company’s land holdings.
  • Since we first reported this news, the lawsuit has escalated. Vistra’s attorneys have requested Sulphur Springs’ attorney be removed from the court proceedings because, according to screenshots of lengthy social media posts submitted to the court, the city itself has confirmed that the attorney dated a senior executive for MSB Global as recently as the winter of 2024.
  • In a letter dated December 10, posted online by activists fighting the data center, Vistra’s attorneys now argue the relationship is what led to the data center coming to the city in the first place, and that the attorney cannot argue on behalf of the city because they’ll be a fact witness who may need to provide testimony in the case: “These allegations make awareness of negotiations surrounding the deed and the City’s subsequent conduct post-transaction, including any purported ‘reliance’ on Vistra Parties’ actions and omissions, relevant.”
  • I have not heard back from MSB Global or Sulphur Springs about this case, but if I do, you’ll be hearing about it.

2. La Plata County, Colorado – This county has just voted to extend its moratorium on battery energy storage facilities over fire fears.

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Q&A

Are Renewables Really Benefiting From the Data Center Boom?

A catch-up with kWh Analytics’ Jason Kaminsky.

Jason Kaminsky.
Heatmap Illustration

This week’s conversation is a catch-up chat with Jason Kaminsky of kWh Analytics, an insurance firm that works with renewable energy developers. I reached out to Kaminsky ahead of the new year because as someone with an arms-length distance from development, I find he is able to speak more candidly about market dynamics and macro-level trends – as well as the fears many have in rural communities about energy project failures, like battery fires. Seeing as the theme this week felt like “data centers forever,” I also thought it would be good to get up to speed on what he’s most focused on in that space, too.

The following conversation has been lightly edited for clarity.

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