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Spotlight

A Lawsuit Over Eagle Deaths Could Ensnare More Wind Farms

Activists are suing for records on three projects in Wyoming.

Donald Trump, an eagle, and wind turbines.
Heatmap Illustration/Getty Images

Three wind projects in Wyoming are stuck in the middle of a widening legal battle between local wildlife conservation activists and the Trump administration over eagle death records.

The rural Wyoming bird advocacy group Albany County Conservancy filed a federal lawsuit last week against the Trump administration seeking to compel the government to release reams of information about how it records deaths from three facilities owned and operated by the utility PacifiCorp: Dunlap Wind, Ekola Flats, and Seven Mile Hill. The group filed its lawsuit under the Freedom of Information Act, the national public records disclosure law, and accused the Fish and Wildlife Service of unlawfully withholding evidence related to whether the three wind farms were fully compliant with the Bald and Golden Eagle Protection Act.

I’m eyeing this case closely because it suggests these wind farms may fall under future scrutiny from the Fish and Wildlife Service, either for prospective fines or far worse, as the agency continues a sweeping review of wind projects’ compliance with BGEPA, a statute anti-wind advocates have made clear they seek to use as a cudgel against operating facilities. It’s especially noteworthy that a year into Trump’s term, his promises to go after wind projects have not really touched onshore, primarily offshore. (The exception, of course, being Lava Ridge.)

Violating the eagle protection statute has significant penalties. For each eagle death beyond what FWS has permitted, a company is subject to at least $100,000 in fines or a year in prison. These penalties go up if a company is knowingly violating the law repeatedly. In August, the Service sent letters to wind developers and utilities across the country requesting records demonstrating compliance with BGEPA as part of a crackdown on wind energy writ large.

This brings us back to the lawsuit. Crucial to this case is the work of a former Fish and Wildlife Service biologist Mike Lockhart, whom intrepid readers of The Fight may remember for telling me that he’s been submitting evidence of excessive golden eagle deaths to Fish and Wildlife for years. Along with its legal complaint, the Conservancy filed a detailed breakdown of its back-and-forth with Fish and Wildlife over an initial public records request. Per those records, the agency has failed to produce any evidence that it received Lockhart’s proof of bird deaths – ones that he asserts occurred because of these wind farms.

“By refusing to even identify, let alone disclose, obviously responsive but nonexempt records the Conservancy knows to be in the Department’s possession and/or control, the Department leaves open serious questions about the integrity of its administration of BGEPA,” the lawsuit alleges.

The Fish and Wildlife Service did not respond to a request for comment on the case, though it’s worth noting that agencies rarely comment on pending litigation. PacifiCorp did not immediately respond to a request either. I will keep you posted as this progresses.

Yellow

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Q&A

How to Build a Socially Responsible Data Center

Chatting with DER Task Force’s Duncan Campbell.

The Fight Q&A subject.
Heatmap Illustration/Getty Images

This week’s conversation is with Duncan Campbell of DER Task Force and it’s about a big question: What makes a socially responsible data center? Campbell’s expansive background and recent focus on this issue made me take note when he recently asked that question on X. Instead of popping up in his replies, I asked him to join me here in The Fight. So shall we get started?

Oh, as always, the following conversation was lightly edited for clarity.

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Hotspots

The Indiana City Saying ‘Tech Yeah!’ to Data Centers

Plus the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. LaPorte County, Indiana — If you’re wondering where data centers are still being embraced in the U.S., look no further than the northwest Indiana city of LaPorte.

  • LaPorte’s city council this week unanimously approved the expansion of a data center campus already under construction. Local elected officials were positively giddy at the public hearing on the vote, with city mayor Tim Doherty donning an orange t-shirt exclaiming a pro-AI pun: “TECH YEAH!”
  • Doherty explained his enthusiasm at the hearing in simple dollars and cents. State cuts to education had “put our local schools in an impossible position,” he said, asking: “Will the 15% in revenue sharing give our kids a superior education and the best chance at a future in this tech-driven world?”
  • That revenue sharing Doherty referenced was Microsoft’s deal in March with LaPorte’s school corporation, which stated 15% of the data center’s property tax revenue would go to the corporation for 20 years. So good was that deal some city councilors were vocally defiant against those who were opposed to the project expansion.
  • “Microsoft seems like they’re going to be a good partner for the city. They care. They’re presenting what I think is a good deal and trying to take care of people around them. So I’m all for it and if anybody wants to vote me out, hey, go for it,” councilor Roger Galloway told the hearing room.
  • The lesson? Give lots of money to education and you’re more likely to get a permit. Tale as old as the mining industry.

2. Cumberland County, New Jersey — A broader splashback against AI infrastructure is building in South Jersey.

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Spotlight

Data Centers Are Splintering the American Right

Mounting evidence shows that Republican voters are rapidly turning against artificial intelligence.

Tucker Carlson and a data center protest sign.
Heatmap Illustration/Getty Images, Library of Congress

The data center backlash is causing a crisis of faith amongst American conservatives over land use, energy abundance, and corporate regulation. The Republican Party — not to mention the politics of AI infrastructure — may never be the same.

In the last week, I’ve seen a surge of Republican politicians pushing to temporarily ban data centers in conservative states. In South Carolina, Representative Nancy Mace, a leading GOP gubernatorial primary candidate, called for a statewide moratorium on new data centers. In Texas, the sitting agriculture commissioner Sid Miller proposed the same for the Lone Star State. Ditto in North Dakota where the idea got backing from a GOP primary candidate for a Public Service Commission seat.

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