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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

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

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

The United States.
Heatmap Illustration/Getty Images

1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

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Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

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