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Conservationists in Wyoming zero in on a vulnerability anti-wind activists are targeting elsewhere: the administration’s species protection efforts.

Wildlife conservationists in Wyoming are asking the Trump administration to block wind projects in their state in the name of protecting eagles from turbine blades.
The Albany County Conservancy, a Wyoming wildlife advocacy group, sent letters on February 11 and 18 to Interior Secretary Doug Burgum, Energy Secretary Chris Wright, and Attorney General Pam Bondi. In the letters, which I obtained, the group asked the Trump officials to do everything in their power to halt Repsol’s Rail Tie and BluEarth’s Two Rivers wind projects, including suspending Two Rivers’ right-of-way from the Bureau of Land Management and even the interconnection grant for Rail Tie’s transmission line.
These letters show for the first time that onshore wind projects are dealing with the same Trump-centric back-channelling influence campaigns we reported advocates and attorneys are waging in the offshore wind permitting space. The letters make some big requests. But the Conservancy is playing the chess game well, zeroing in on a vulnerability other wind opponents are also targeting: the administration’s species protection efforts.
Wyoming is crucial to the survival of golden eagles, a raptor bird species protected under multiple federal laws, including a 1940 conservation statute for golden as well as bald eagles. The state is home to what conservationists say is one of the largest breeding populations for golden eagles. But the species is struggling, with most recorded golden eagle deaths caused by humans. Some of these deaths have been tied directly to wind turbines.
The Rail Tie and Two Rivers projects concern Mike Lockhart, an ex-biologist for the Fish and Wildlife Service with a specialty in eagle conservation. For years Lockhart, who lives in the area and is a plaintiff in the lawsuit, has studied how the wind industry has impacted golden eagles and believes the government severely undercounts how many birds are being hurt by turbine blades.
In order to build in areas with golden eagles, developers need so-called “incidental take” authorizations, e.g. approvals to disturb or accidentally harm the species throughout the course of construction or operation of a wind project. He told me that data he and the Conservancy submitted to regulators shows that golden eagles will die if these wind farms turn on. “I’m a big renewable energy advocate,” he said. “I’m also horrified by what I’m seeing in Wyoming. We really didn’t understand the full scope of what these three-bladed wind turbines mean.”
It’s worth noting that renewable energy industry groups deny wind energy is playing a role in the size of the golden eagle population.
The Interior Department, which oversees the Bureau of Land Management and the incidental take process, declined to comment on the requests. So did BluEarth. Repsol said it was unable to provide a comment by press time.
On his first day in office, President Trump issued an executive order that halted new federal approvals for U.S. wind projects, pending a comprehensive review of the government’s past treatment of the wind industry, including its efforts to protect birds from turbines. Trump’s order claimed there were “various alleged legal deficiencies underlying the federal government’s leasing and permitting of onshore and offshore wind projects, the consequences of which may lead to grave harm – including negative impacts on navigational safety interests, transportation interests, national security interests, commercial interests, and marine mammals.” It also claimed there were “potential inadequacies in various environmental reviews” for wind projects. And indeed, a 2023 Associated Press investigation found federal enforcement in eagle protection laws declined under the Trump 1.0 and Biden administrations, even as wind energy blossomed in the species’ habitat.
As we reported last week, opponents of offshore wind have joined hands with well-connected figures in the conservative legal space to lobby Trump’s team to revoke incidental take authorizations previously issued to offshore wind projects. Doing so would rattle all offshore wind development as well as raise concerns about scientific independence at the issuing agency, the National Oceanic and Atmospheric Administration.
As with offshore wind and whales, Wyoming and its eagles offer Trump a situation he wants. In this case, it’s an opportunity to look tough on crime while attacking wind. A Trumpian disruption of the state’s wind sector would also create high profile controversy around what has otherwise been a success story for wind energy growth in a GOP stronghold state.
The Conservancy is represented by William Eubanks, a veteran public interest environmental lawyer who sent the letters on the group’s behalf. Prior to sending the letter, they were already in litigation over Rail Tie’s take approvals and the government permits that followed, providing a potential avenue for regulatory and permitting changes through legal settlement. The Conservancy also warned the Trump team that another lawsuit over Two Rivers could soon be in the offing. One letter stated that officials’ time “would be better spent reevaluating” the project to “ensure compliance with federal law (and President Trump’s Executive Order on wind projects), rather than in federal court.”
Eubanks — who has dedicated his life to fighting various potential industrial impacts to the environment, including fossil fuel pollution — told me that cases against renewable projects are a “really small part” of his firm’s “overall docket.” Eubanks told me he believes climate change must be addressed quickly. “It’s a serious issue, it is here, it is looming, and we need to do something about it,” he said. And he thinks that the nation needs to construct more renewable energy.
Yet Eubanks also says these two wind projects are a perfect example of a “rush through these processes” to get “the green light as soon as possible.” In his view, it’s the same way he’s treated oil and gas projects when fossil-friendly presidents put their own thumbs on the scale.
“We’re not just looking at this as, it’s a solar project or a wind project that gets some sort of ‘green pass,’” Eubanks added. “There’s a difference of opinion in the conservation community … a black or white thinking approach of, if something is a renewable energy project — no matter how poorly sited it is, no matter who poorly analyzed if at all it has been under environmental law — there are some conservation groups who, for better or worse, will just say, we’re not going to get involved in commenting on that or going the extra step of challenging it in court because we have to address the issue of our time: climate change.”
Lockhart told me he knows that the Trump administration is undercutting climate action with its anti-wind position. And he doesn’t like that. “I’m a supporter of green energy and want to do everything possible to reverse climate change,” he told me.
But he sees a silver lining in Trump potentially intervening. “I’m hoping it makes agencies go back and focus on what’s really going on, all the cumulative impacts and everything else.”
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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.