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And what renewables can learn from it.

A sprawling multi-state carbon pipeline appears easier to permit and build than wind and solar farms in red states, despite comments the president-elect or his team may have said on the campaign trail. And the answer has to do with more than just the potential benefits for oil and gas.
The Summit Carbon Solutions CO2 pipeline network would criss-cross five states – Iowa, Minnesota, Nebraska, and the Dakotas – connecting dozens of ethanol “biorefinery” plants to carbon sequestration sites for storing CO2 captured while producing the agri-fuel. On paper Summit has its work cut out for it in ways not dissimilar to the troubles facing solar and wind. Land use issues, ecological concerns, the whole lot. And its work has become controversial amongst a myriad of opposition groups I often write about like rural farmers and, of course, conspiratorial NIMBYs – chief among them Vivek Ramaswamy and Robert F. Kennedy Jr., two members of the incoming Trump administration.
But Ramaswamy and RFK Jr.’s presence is providing cold comfort compared to the selection of North Dakota Gov. Doug Burgum – a vocal supporter of the project – to be Interior Secretary.
“We’re screwed,” wrote Dawn Shepard, a North Dakotan opposed to the project, on Facebook after the selection was announced. “He will get all Carbon Capture projects approved. I thought Republicans and Trump, included, didn’t believe in climate change. Trump’s not keeping his word.”
It’s not exactly that simple, and its debatable whether Summit’ll actually help address climate change, but the premise is true: Trump’s election may just assure the pipeline’s completion, if all things go its way.
“Those appointments are definitely a big thumb on the scale of the pipeline going through,” said Mark Hefflinger of Bold Alliance, one of the activist networks fighting the pipeline project.
In my conversations with activists and the company, it doesn’t appear there’s any easy way for the Interior Department – which oversees all federal land use – to grease all of the skids for Summit, so to speak. But there are a number of factors in its favor now: the pipeline will still require Army Corps of Engineers permits for water body crossings and those tend to require environmental reviews that heavily involve Interior. At the same time, all sides expect the Interior Secretary and likely Energy Secretary Chris Wright (an oil magnate) to champion beneficial Inflation Reduction Act tax credits for carbon capture, sequestration, and utilization in tax talks early next year.
All the while, most state-level regulators have finished or are completing approvals of the pipeline, with the exception of South Dakota where Summit on Tuesday resubmitted its permitting application to the state’s Public Utilities Commission. While I’ve been told the company didn’t substantially adjust its routing in response to the failed ballot initiative, executives certainly did change plans to elide a repeat rejection from the commission after it said no to pipeline plans last year.
“Our efforts involved spending more than a year driving county roads, knocking on doors, and having meaningful, face-to-face conversations with landowners,” Sabrina Zenor, Summit’s director of stakeholder engagement and corporate communications, told me. “These conversations guided our approach.”
There’s a lot that could still go awry for Summit. They could lose legal battles in Iowa that send them back to the drawing board in a crucial hub for corn and ethanol and where public opinion may be souring on the developer. South Dakota could be its own ball of wax, given how passionate the opposition in the state is.
Trump’s comments on the matter have been vague, indicating he’s … well, being very Trump about this. “Well, you know, we’re working on that,” Trump said when asked about the pipeline at an Iowa primary event last year. “And you know, we had a plan to totally — it’s such a ridiculous situation, isn’t it? But we had a plan, and we would have instituted that plan, and it was all ready, but we will get it — if we win, that’s going to be taken care of. That will be one of the easy things we do.”
Ultimately it may be with many issues: whoever’s in the room last with Trump could decide the pipeline’s fate.
But regardless, developers of renewables and battery storage could take away a few lessons from the pipeline network.
Walt Bones, the former head of South Dakota’s Agriculture Department, is one of the landowners currently negotiating a financial agreement for land use with Summit. He’s a farmer, and like many farmers we write about here at The Fight, he doesn’t support building stuff on or near his land if there’s going to be an impact on his crop yields. He told me that he believes the opposition in the state is largely the product of a rush to build by an over-zealous company seeking the maximum benefit from federal tax credits. And they spooked people, producing widespread skepticism of the pipeline.
“Summit did not help themselves any,” he said.
Now of course, there’s lots of concerns about CO2 pipelines’ environmental impacts and the risk of them going, well, kablooey. But unlike how some farmers skeptically view agri-voltaics (e.g. dual use solar), the thought of a pipeline beneath the earth gives Bones – a former farm regulator – no qualms. And the reasoning is simple: He doesn’t believe the pipeline, which will be buried, will impact his farming at all. And ethanol – unlike solar or wind – will feed demand for more farming.
“Basically zero impact to our land. We’ll still be able to farm over it. We’ll still be able to graze over it with our cows,” he said. “I know what the value is … [it’ll] guarantee the future viability of corn.”
So where does this leave us? It’s likely Bones doesn’t represent every farmer. But maybe there’d be a benefit in renewable developers focusing on finding ever-more ways to create a fly-wheel where solar and wind energy generation creates more business for farmers. Clearly, the sheer footprint of a utility scale solar or wind project can be more impactful than a thin pipeline crossing a property.
And I guess they should also make more politically powerful friends in the Dakotas.
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.