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Spotlight

An Energy Developer Is Fighting a Data Center in Texas

Things in Sulphur Springs are getting weird.

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Energy production and a data center.
Heatmap Illustration/Library of Congress, MSB Global, Luminant

Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.

The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.

The mining company, Luminant, went bankrupt, resurfaced as a diversified energy company, and was acquired by power giant Vistra, which is refusing to budge on the terms of the land agreement. After sitting on Luminant’s land for years expecting it to be used for its intended purposes, the data center project’s sudden arrival appears to have really bothered Vistra, and with construction already underway, the company has gone as far as to send the town and the company a cease and desist.

This led Sulphur Springs to sue Vistra. According to a bevy of legal documents posted online by Jamie Mitchell, an activist fighting the data center, Sulphur Springs alleges that the terms of the agreement are void “for public policy,” claiming that land restrictions interfering with a municipality’s ability to provide “essential services” are invalid under prior court precedent in Texas. The lawsuit also claims that by holding the land for its own use, Vistra is violating state antitrust law by creating an “energy monopoly.” The energy company filed its own counterclaims, explicitly saying in a filing that Sulphur Springs was part of crafting this agreement and that “a deal is a deal.”

That’s where things get weird, because now Texas is investigating Luminant over the “energy monopoly” claim raised by the town. It’s hard not to see this as a pressure tactic to get the data center constructed.

In an amicus brief filed to the state court and posted online, Paxton’s office backs up the town’s claim that the land agreement against energy development violates the state’s antitrust law, the Texas Free Enterprise and Antitrust Act, contesting that the “at-issue restriction appears to be perpetual” and therefore illegally anti-competitive. The brief also urges the court not to dismiss the case before the state completes its investigation, which will undoubtedly lead to the release of numerous internal corporate documents.

“Sulphur Springs has alleged a pattern of restricting land with the potential for energy generation, with the effect of harming competition for energy generation generally, which would necessarily have the impact of increasing costs for both Sulphur Springs and Texas consumers generally,” the filing states. “Evaluating the competitive effects of Luminant’s deed restrictions as well as the harm to Texans generally is a fact-intensive matter that will require extensive discovery.”

The Texas attorney general’s office did not respond to multiple requests for comment on the matter. It’s worth noting that Paxton has officially entered the Republican Senate primary, challenging sitting U.S. Senator John Cornyn. Contrary to his position in this case, Paxton has positioned himself as a Big Tech antagonist and fought the state public utilities commission in pursuit of releasing data on the crypto mining industry’s energy use.

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Spotlight

Offshore Wind’s Existential Crisis at Climate Week

Can the industry ever recover?

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A wind turbine and Chris Wright.
Heatmap Illustration/Getty Images, Luke Liu

American offshore wind’s existential crisis was laid bare at this year’s Climate Week.

California and New York officials gathered on Tuesday at the New York Bar Association in Manhattan to tell attendees of the annual climate action mega-event about their efforts to hold the Trump administration to account. After Trump regulators upended wind projects off the East Coast and struck buyout trades with energy developers to ditch ocean wind leases, both states filed fresh legal action against the administration, targeting what they said were egregious abuses of taxpayer dollars that canceled once-promising projects that would’ve given gigawatts of power to grids expecting energy demand to spike.

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Hotspots

Another Solar Company Trying Gas-Powered Data Center on Federal Lands

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

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The United States.
Heatmap Illustration/Getty Images

1. Ada County, Idaho – Trump’s push for more data centers on federal lands is causing a lot more ruckus and catching another solar company in the cross-fire.

  • Last week, D.C. news outlet The Washington Sun first reported that a subsidiary of solar developer Arevia Power submitted a right-of-way application for a data center project on federal lands in Idaho, a fact the Bureau of Land Management confirmed in a statement to me Thursday. The project is currently in a preliminary phase of permitting and a public notice can be expected this year, a Bureau of Land Management representative told me.
  • Until the initiation of any National Environmental Policy Act review, information on the data center is scarcely available on public websites. So here’s what BLM told me about it in a statement: the data center project will be 4 million square feet and include a 3,226-acre parcel of federal land. An additional 514 acres will be needed for a 10.6-mile “electrical load line corridor.” The data center complex will include a substation, stepdown electrical yards, a water connection, and a 450-megawatt on-site natural gas-fired power facility. The project is expected to use upwards of 600 megawatts though, which explains the potential load lines.
  • The Sun story also claimed the Arevia project will connect to a “sprawling utility-scale” solar project. BLM has previously said the data center is in some way “linked” to an Arevia solar farm proposed on federal lands north of Twin Falls, Idaho.
  • Arevia Power did not respond to a request for comment on the project nor the reported inclusion of gas generation along with solar, which I could not find discussed on their website. This is not the first time I’ve seen reports of this kind of activity from a solar developer. On August 3, I reported that solar developer Clearway canceled a proposal submitted to the Bureau of Land Management to transform a solar application into a data center and gas project – after we made the existence of the proposal public.
  • On Thursday I spoke with Heather Tied-Nelson, acting communications lead for the Bureau of Land Management Idaho field office, briefly over the phone about the project. “It’s all so very early in the process. We’re working with the company to try to finalize their plan of development and probably publish a notice of intent to begin the planning process later this fall or winter,” Tied-Nelson told me. Then I asked whether the data center was tied to Arevia’s solar efforts and if this was another solar farm-for-data center application swap kind of situation. She replied: “I can’t speak to that.”

2. Carbon County, Wyoming – Tell me if you’ve heard this one before: The Trump administration just delayed a large fossil-free power project after criticism from a powerful Republican senator. But this time, it’s hydropower.

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Q&A

Pro-Renewables Super PAC Paying ‘Close Attention’ to Tom Tiffany

A conversation with Tom Matzzie of the Investing in Tomorrow Coalition

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The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Tom Matzzie, chair of the Investing in Tomorrow Coalition – a pro-renewables Super PAC fighting lawmakers of both sides of the aisle who spurn the sector. The Super PAC won quite a few victories during the primary season, successfully boosting challengers to hardline conservatives in the U.S. that fought for cuts to the Inflation Reduction Act and are no longer going to serve in the Lower Chamber. Matzzie, also CEO of solar firm CleanChoice Energy, is intent the sector must go on offense to win more public bipartisan support and survive the Trump 2.0 era.

I chatted with Matzzie to hear how he’s looking at the general election season. The conversation revealed to me they want the renewables industry to be seen as politically lethal. And they’re paying close attention to the Wisconsin gubernatorial race.

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