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The collateral damage from the Lava Ridge wind project might now include a proposed 285-mile transmission line initially approved by federal regulators in the 1990s.

The same movement that got Trump to kill the Lava Ridge wind farm Trump killed has appeared to derail a longstanding transmission project that’s supposed to connect sought-after areas for wind energy in Idaho to power-hungry places out West.
The Southwest Intertie Project-North, also known as SWIP-N, is a proposed 285-mile transmission line initially approved by federal regulators in the 1990s. If built, SWIP-N is supposed to feed power from the wind-swept plains of southern Idaho to the Southwest, while shooting electrons – at least some generated from solar power – back up north into Idaho from Nevada, Utah, and Arizona. In California, regulators have identified the line as crucial for getting cleaner wind energy into the state’s grid to meet climate goals.
But on Tuesday, SWIP-N suddenly faced a major setback: The three-person commission representing Jerome County, Idaho – directly in the path of the project – voted to revoke its special use permit, stating the company still lacked proper documentation to meet the terms and conditions of the approval. SWIP-N had the wind at its back as recently as last year, when LS Power expected it to connect to Lava Ridge and other wind farms that have been delayed by Trump’s federal permitting freeze on renewable energy. But now, the transmission line has stuttered along with this potential generation.
At a hearing Tuesday evening, county commissioners said Great Basin Transmission, a subsidiary of LS Power developing the line, would now suddenly need new input, including the blessing of the local highway district and potential feedback from the Federal Aviation Administration. Jerome County Commissioner Charles Howell explained to me Wednesday afternoon that there will still need to be formal steps remanding the permit, and the process will go back to local zoning officials. Great Basin Transmission will then at minimum need to get the sign-offs from local highway officials to satisfy his concerns, as well as those of the other commissioner who voted to rescind the permit, Ben Crouch.
The permit was many years old, and there are outstanding questions about what will happen next procedurally, including what Great Basin Transmission is actually able to do to fight this choice by the commissioners. At minimum, staff for the commission will write a formal decision explaining the reasoning and remand the permit. After that, it’ll be up to Great Basin Transmission to produce the documents that commissioners want. “Even our attorney and staff didn’t have those answers when we asked that after the vote,” Howell said, adding that he hopes the issues can be resolved. “I was on the county commission about when they decided where to site the towers, where to site the right-of-ways. That’s all been there a long time.”
This is the part where I bring up how Jerome County’s decision followed a months-long fight by aggrieved residents who opposed the SWIP-N line, including homeowners who say they didn’t know their properties were in the path of the project. There’s also a significant anti-wind undercurrent, as many who are fighting this transmission line previously fought LS Power’s Lava Ridge wind project, which was blocked by and executive order from President Donald Trump on his first day in office. Jerome County itself passed an ordinance in May requiring any renewable energy facility to get all federal, state, and local approvals before it would sign off on new projects.
Opposition to SWIP-N comes from a similar place as the “Stop Lava Ridge” campaign. Along with viewshed anxieties and property value impacts, SWIP-N, like Lava Ridge, would be within single-digit miles of the Minidoka National Historic Site, a former prison camp that held Japanese-Americans during World War II. In the eyes of its staunchest critics, constructing the wind farm would’ve completely damaged any impact of visiting the site by filling the surroundings of what is otherwise a serene, somber scene. Descendants of Minidoka detainees lobbied politicians at all levels to oppose Lava Ridge, a cause that was ultimately championed by Republican politicians in their fight against the project.
These same descendants of Japanese-American detainees have fought the transmission line, arguing that its construction would inevitably lead to new wind projects. “If approved, the SWIP-N line would enable LS Power and other renewable energy companies to build massive wind projects on federal land in and around Jerome County in future years,” wrote Dan Sakura, the son of a Minidoka prisoner, in a September 15 letter to the commission.
Sakura had been a leading voice in the fight against Lava Ridge. When I asked why he was weighing in on SWIP-N, he told me over text message, “The Lava Ridge wind project poisoned the well for renewable energy projects on federal land in Southern Idaho.”
LS Power did not respond to a request for comment.
It’s worth noting that efforts have already been made to avoid SWIP-N’s impacts to the Minidoka National Historic Site. In 2010, Congress required the Interior Secretary to re-do the review process for the transmission line, which at the time was proposed to go through the historic site. The route rejected by Jerome County would go around.
There is also no guarantee that wind energy will flock to southern Idaho any time soon. Yes, there’s a Trump permitting freeze, and federal wind energy tax credits are winding down. That’s almost certainly why the developers of small nuclear reactors have reportedly coveted the Lava Ridge site for future projects. But there’s also incredible hostility pent up against wind partially driven by the now-defunct LS Power project, for instance in Lincoln County, where officials now have an emergency moratorium banning wind energy while they develop a more permanent restrictive ordinance.
Howell made no bones about his own views on wind farms, telling me he prefers battery storage and nuclear power. “As I stand here in my backyard, if they put up windmills, that’s all I’m going to see for 40 miles,” he said
But Howell did confess to me that he thinks SWIP-N will ultimately be built – if the company is able to get these new sign-offs. What kind of energy flows through a transmission line cannot ultimately affect the decision on the special use permit because, he said, “there are rules.” On top of that, Idaho is going to ultimately need more power no matter what, and at the very least, the state will have to get electrons from elsewhere.
Howell’s “non-political” answer to the fate of SWIP-N, as he put it to me, is that “We live on power, so we gotta have more power.”
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Things in Sulphur Springs are getting weird.
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.
A solar developer gets into a forest fight in California, and more of the week’s top conflicts around renewables.
1. Sacramento County, California – A solar project has become a national symbol of the conflicts over large-scale renewables development in forested areas.
2. Sedgwick County, Kansas – I am eyeing this county to see whether a fight over a solar farm turns into a full-blown ban on future projects.
3. Montezuma County, Colorado – One southwest Colorado county is loosening restrictions on solar farms.
4. Putnam County, Indiana – An uproar over solar projects is now leading this county to say no to everything, indefinitely.
5. Kalamazoo County, Michigan – I’m eyeing yet another potential legal challenge against Michigan’s permitting reform efforts.
A conversation with Renee Grabe of Nature Forward
This week’s conversation is with Renee Grabe, a conservation advocate for the environmental group Nature Forward who is focused intently on data center development in Northern Virginia. I reached out to her for a fresh perspective on where data centers and renewable energy development fits in the Commonwealth amidst heightened frustration over land use and agricultural impacts, especially after this past election cycle. I thought her views on policy-making here were refreshingly nuanced.
This transcript was lightly edited for clarity.
Tell me more about how you started focusing on data centers.
So, in Fairfax County, in 2020 or 2021, people were pursuing the construction of an indoor ski facility on a landfill. From a climate perspective, to build something that would need to be cooled 24/7 for indoor skiing seemed like a very bad proposal in terms of energy usage. And for what kind of gain?
Then our friends at the Sierra Club were saying, indoor ski slopes? Bad, yes. But data centers? Way, way worse. Those aren’t cooling to support snow but are cooling much larger areas on a much larger scale, dwarfing the area of that one ski slope. This was around the time the Prince William Digital Gateway was showing up – they were saying all these acres of agricultural lands and single-family housing zones were about to be rezoned. This was a big deal, and Sierra Club led the way in opening our eyes to this. The rezoning ultimately passed. The data centers were sued and the people who filed the lawsuit won, but pre-planning for the centers is still allowed to take place.
The way we think about the impacts of data centers, besides the loss of natural lands and the amount of energy that’s going to be needed to power these things, has been diesel generators. These are the things that are backup generation and the camel’s nose under the tent is trying to get them to be primary power.
Now I want to ask you a provocative question: is there any middle ground between letting these projects be built unfettered and outright bans on their development?
We have no regulation today. From our standpoint, these things are coming, they’re here. We know a lot more now than we did in 2022. As we make decisions about how and where to build these facilities we all need – I mean we’re using one right now. I use a data center all day at work. Teams conferencing. ChatGPT to answer a question. We need these. So if we’re going to build them, let’s not give a pass to some of the world’s largest and richest companies. Let’s ask them to put the guardrails on to protect our residences and our infrastructure to make sure they’re as sustainable as possible.
Okay, so what are the guardrails then?
The costs of what was going to go into a data center need to be more transparent. We need to bring accountability to the forefront right away as they’re being built.
In Ohio, they passed a law requiring data center companies to pay for a high percentage of the power they’re using. That cut a significant number of the projects in Ohio. This industry is so speculative and a land grab and a rush to be first to get the most.
You have this dichotomy of land values for residences being inundated, while land values for developers are skyrocketing. We have an affordability crisis going on and we are all on the hook for paying for the infrastructure to power these things.
So when you think about what regulation might make data center development more reasonable, it’s asking for the costs happening to be borne by the industry making them. Let’s get rid of some of the incentives for power users. We don’t need to be encouraging the loss of state revenue, either – we’re leaving money on the table to bring these facilities here.
Lastly, our readers love to get hyperlocal. I know you’re intently focused on Fairfax County right now which has been a big part of the data center boom in Virginia – what’s happening there?
There are a couple things that have happened over the course of this past year. Fairfax County passed a data center zoning ordinance amendment – minimum requirements a data center will have to adhere to. The big thing with that one is, you have to have a special exception if you build within a mile of a Metro station. When you think about good land use and building a data center within a walkable distance of a Metro, that’s eye-openingly poor land use policy and a missed opportunity for transit-oriented development. It doesn’t mean they can’t be built near one but you have to get a special exception.
Some things can’t be regulated at the local level. Like generators. That’s in the hands of the state.
Last night, we had a public hearing at the Fairfax County board level for our policy plan – our comprehensive plan providing guidance for developers who want to get a special exception or rezoning. It is not law. It is not required. It is a visionary document that helps us get to better. They’ve added a section for data centers in that. In May, staff put forward something pretty good, making sure data centers met a minimum level of efficiency. But our chairman of the county board said it went above and beyond our zoning ordinance and said he didn’t think it was appropriate, so staff rewrote that section and stripped out a lot of the specificity and higher standards that were in that document.
At the hearing, they deferred a decision, listening to the public but not having a discussion at the board level. They’ve left the record open through December 9th.