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He’s got the best climate record of any president in history. Few voters have any idea.

The presidential election next year is, alas, already kicking off. Several Republicans are trying, and thus far totally failing, to oust Donald Trump as the presumptive GOP nominee. President Biden is laying the groundwork for his campaign.
As far as subjects for campaign discussion, it’s a decent bet that climate change might be a major one for the first time. Scientists say it’s highly likely that 2023 will be measured as the hottest year ever recorded, and America is no exception. Practically the entire summer has seen a brutal heat wave across the South, and extreme weather has hammered many states. Most recently a sudden devastating firestorm in Hawaii, likely fueled by climate change, burned much of the city of Lahaina to ashes and killed a reported 53 people. And hurricane season has barely started.
But Biden is struggling to sell his climate record. A recent Washington Post poll found that 57 percent of Americans disapproved of his record on climate change. At the same time, large majorities both favored the core elements of his major climate achievement, the Inflation Reduction Act, yet also had no idea what it was. This fits with a Heatmap poll conducted earlier this year.
Convincing Americans Biden has done something big about the biggest problem facing America and the world is vitally important. But it won’t be easy.
On first glance, this is rather strange. After all, one of the biggest political dramas of the 21st century centered around the passage of the Inflation Reduction Act last year. Indeed, much of the 117th Congress was taken up with Senator Joe Manchin of West Virginia slowly and agonizingly tearing out each piece of Biden’s Build Back Better agenda, and then seemingly killing the entire thing. Democratic officials, climate activists, and liberal voters alike fell into despair.
Then out of nowhere Senate Majority Leader Chuck Schumer and Manchin came back with a last-minute climate bill. And despite Manchin insisting on a few distasteful handouts to fossil fuel companies, overall the IRA was a huge success. It included for the first time a full 10 years of subsidies for renewable power construction and production, giving industry the confidence to invest. It made nonprofit utilities and government entities like the Tennessee Valley Authority eligible for subsidies as well, also for the first time, along with dozens of smaller initiatives.
That, together with the CHIPS Act and the infrastructure bill, plus interlocking IRA rules requiring investment and raw materials be sourced from the U.S. or certain friendly countries, has fueled a massive boom in domestic construction. Solar and wind farms, battery factories, and other installations are shooting up across the country. Much remains to be figured out, but overall the IRA is arguably the greatest accomplishment of a Democratic president since Lyndon Johnson’s Great Society programs.
But voter ignorance probably shouldn’t be surprising. While political junkies were obsessed with the drama in Congress, such people make up a tiny minority of the population. For average people, this was just one more inscrutable political drama out of hundreds that seemed to have little bearing on their lives, if they noticed it at all.
That confusion is made worse by the deliberately misleading title of the bill. The IRA might actually have eroded inflation on the margin by encouraging more energy investment, but let’s be real: This is a climate bill. It was so named because inflation was the obsession of the moment, and pretending that it would cool prices helped get it over the finish line.
The problem is made worse still by the dire state of local journalism across the country. A core political element of the IRA structure is that it spreads green investment out all over the place, so as to build broad support. (Indeed, more investment is going into conservative states than the administration apparently expected.) Before Google and Facebook devoured the advertising industry that used to support journalism, there would have been detailed local coverage of each new project, but now only the largest cities have extensive local coverage, and even there publications have suffered.
This wouldn’t be a problem for Republicans, because they have a vast propaganda apparatus that blasts party messaging across the country through Fox News, local news channels owned by right-wing oligarchs, tabloids, and so on. But the Democratic Party establishment failed to build something comparable. (In fact, it did the opposite when it shut down ThinkProgress in 2019, apparently because CAP executives were irritated by the unionized lefty staff.)
As Alex Pareene writes, “The Democratic Party, by and large, relies on corporate mainstream media to do its messaging work and is then constantly furious when this strategy fails or backfires.” It’s a dubious strategy when it comes to, say, The New York Times, but it is completely impossible when it comes to local publications that don’t even exist anymore.
The 2022 midterm election cost almost $9 billion — or nearly half the value of the entire newspaper industry — split roughly equally between the parties. The 2020 election cost $14.4 billion, and in that one Democrats outspent Republicans by about half. Kentucky Democrat Amy McGrath alone raised $88 million for that state’s 2020 U.S. Senate race, only to lose by almost 20 points.
If I were a wealthy liberal who donates ungodly sums to the Democrats, or someone running their PACs that raise billions in small-dollar donations, I would consider spending some of that money buying or setting up journalism publications in strategic locations— not to provide vulgar shrieking propaganda a la Fox News, but straightforward liberal-leaning coverage. Another option would be to conduct consistent messaging operations around the IRA in general, rather than a sudden blast of ads keyed to specific races when election day comes around.
It’s the kind of thing that doesn’t pay off immediately, but the strategic value would be immense, especially given the low marginal value of a dollar spent on traditional campaign efforts. Again, just think of the political power of Fox News. President Biden has a strong climate record, but to get any credit, voters must first hear about it.
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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.