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State-level policies and “unstoppable” momentum for clean energy.

As the realities of Trump’s return to office and the likelihood of a Republican trifecta in Washington began to set in on Wednesday morning, climate and clean energy advocates mostly did not sugarcoat the result or look for a silver lining. But in press releases and interviews, reactions to the news coalesced around two key ways to think about what happens next.
Like last time Trump was elected, the onus will now fall on state and local leaders to make progress on climate change in spite of — and likely in direct conflict with — shifting federal priorities. Working to their advantage, though, much more so than last time, is global political and economic momentum behind the growth of clean energy.
“No matter what Trump may say, the shift to clean energy is unstoppable,” former White House National Climate Advisor Gina McCarthy said in a statement.
“This is a dark day, but despite this election result, momentum is on our side,” Sierra Club Executive Director Ben Jealous wrote. “The transition away from dirty fossil fuels to affordable clean energy is already underway.”
“States are the critical last line of defense on climate,” said Caroline Spears, the executive director of Climate Cabinet, a group that campaigns for local climate leaders, during a press call on Wednesday. “I used to work in the solar industry under the Trump administration. We still built solar and it was on the back of great state policy.”
Reached by phone on Wednesday, the climate policy strategist Sam Ricketts offered a blunt assessment of where things stand. “First things first, this outcome sucks,” he said. He worried aloud about what another four years of Trump would mean for his kids and the planet they inherit. But Ricketts has also been here before. During Trump’s first term, he worked for the “climate governor,” Washington’s Jay Inslee, and helped further state and local climate policy around the country for the Democratic Governors Association. “For me, it is a familiar song,” he said.
Ricketts believes the transition to clean energy has become inevitable. But he offered other reasons states may be in a better position to make progress over the next four years than they were last time. There are now 23 states with Democratic governors and at least 15 with Democratic trifectas — compare that to 2017, when there were just 16 Democratic governors and seven trifectas. Additionally, Democrats won key seats in the state houses of Wisconsin and North Carolina that will break up previous Republican supermajorities and give the Democratic governors in those states more opportunity to make progress.
Spears also highlighted these victories during the Climate Cabinet press call, adding that they help illustrate that the election was not a referendum on climate policy. “We have examples of candidates who ran forward on climate, they ran forward on clean energy, and they still won last night in some tough toss-up districts,” she said.
Ricketts also pointed to signs that climate policy itself is popular. In Washington, a ballot measure that would have repealed the state’s emissions cap-and-invest policy failed. “The vote returns aren’t all in, but that initiative has been obliterated at the ballot box by voters in Washington State who want to continue that state’s climate progress,” he said.
But the enduring popularity of climate policy in Democratic states is not a given. Though the measure to overturn Washington’s cap-and-invest law was defeated, another measure that would revoke the state’s nation-leading policies to regulate the use of natural gas in buildings hangs in the balance. If it passes, it will not only undo existing policies but also hamstring state and local policymakers from discouraging natural gas in the future. In Berkeley, California, the birthplace of the movement to ban gas in buildings, a last-ditch effort to preserve that policy through a tax on natural gas was rejected by voters.
Meanwhile, two counties in Oregon overwhelmingly voted in favor of a nonbinding ballot measure opposing offshore wind development. And while 2024 brought many examples of climate policy progress at the state level, there were also some signs of states pulling back due to concerns about cost, exemplified by New York Governor Kathy Hochul’s major reversal on congestion pricing in New York City.
The oft-repeated hypothesis that Republican governors and legislators might defend President Biden’s climate policies because of the investments flowing to red states is also about to be put to the test. “I think that's going to be a huge issue and question,” Barry Rabe, a public policy professor at the University of Michigan, told me. “You know, not only can Democrats close ranks to oppose any changes, but is there any kind of cross-party Republican base of support?”
Josh Freed, the senior vice president for the climate and clean energy program at Third Way, warned that the climate community has a lot of work to do to build more public support for clean energy. He pointed to the rise of right-wing populism around the world, driven in part by the perception that the transition away from fossil fuels is hurting real people at the expense of corporate and political interests.
“We’ve seen, in many places, a backlash against adopting electric vehicles,” he told me. “We’ve seen, at the local county level, opposition to siting of renewables. People perceive a push for eliminating natural gas from cooking or from home heating as an infringement on their choice and as something that’s going to raise costs, and we have to take that seriously.”
One place Freed sees potential for continued progress is in corporate action. A lot of the momentum on clean energy is coming from the private sector, he said, naming companies such as Microsoft, Amazon, and Google that have invested considerable funds in decarbonization. He doesn’t see that changing.
A counterpoint, raised by Rabe, is those companies’ contribution to increasing demand for electricity — which has simultaneously raised interest in financing clean energy projects and expanding natural gas plants.
As I was wrapping up my call with Ricketts, he acknowledged that state and local action was no substitute for federal leadership in tackling climate change. But he also emphasized that these are the levers we have right now. Before signing off, he paraphrased something the writer Rebecca Solnit posted on social media in the wee hours of the morning after the electoral college was called. It’s a motto that I imagine will become something of a rallying cry for the climate movement over the next four years. “We can’t save everything, but we can save some things, and those things are worth saving,” Ricketts said.
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
With a permitting deal seemingly on the horizon, Republican Gabe Evans and Democrat Scott Peters may be about to see their partnership pay off.
The fate of permitting reform legislation that could smooth the way to all kinds of new and improved energy infrastructure — including transmission lines and renewables — is currently hostage to opaque discussions between Senate committee chairs. Rhode Island Senator Sheldon Whitehouse, the Democratic ranking member of the Senate Environment and Public Works Committee, told a Rhode Island business group earlier this week that “we’re actually in a pretty good place on permitting reform,” and that there was “maybe another week of negotiations.” Whitehouse’s Republican counterpart on the EPW committee, West Virginia Senator Shelly Moore-Capito, told Semafor on Friday that any bill has “got to pop out of here in the next 48 hours.”
If that’s going to happen, it will be because Republicans and Democrats have decided it’s worth it to get along. Any deal will eventually have to be voted on by the House, which has already produced several bills on a bipartisan basis, and even passed one — the SPEED Act — late last year.
Two of the busier House members on this issue are Scott Peters, a Democratic former environmental lawyer from San Diego, and Gabe Evans, a first term Colorado Republican representing a suburban and rural district north of Denver that includes wind farms and crude oil production. “The district that I represent truly is an all of the above energy district,” Evans told me.
Their latest effort is a bill aimed at smoothing out permitting for transmission development, especially interregional transmission. Last week, the two congressmen unveiled the CLEAR Act, seeking to apply a stricter set of standards for lawsuits against transmission projects that aligned with how natural gas and hydropower projects are treated under the Federal Power Act (it’s much harder to sue to stop these projects). Earlier this year, the two also sponsored the CERTAIN Act, a more comprehensive streamlining of federal permitting for energy infrastructure projects.
“We’re proud to have a lot of our work as the foundation for this, and I think if they send us over something that includes this, it’s got a really good chance of passing in the House,” Peters told me. Evans added that bringing forward bipartisan bills “gives a little bit more impetus to the Senate to know that the House is looking for these things.”
While the Senate’s deal will be up to the senators, Peters told me he envisions a broad permitting package that could include reforms to the National Environmental Policy Act to shorten permitting timelines, preventing the president from nixing individual projects, and reform Section 401 of the Clean Water Act which effectively devolves power to tribes and states to block a variety of interstate projects. “I think it’s coming together pretty well,” Peters said. “Obviously, we’re waiting for white smoke from the Senate.”
A permitting reform package may be one of the last major bills several bipartisan-minded House members get to vote on.
Election day is about six weeks off, and while Peters will likely have an easy time getting reelected for this eighth term, Evans is in a tough race. His purple-hued district is a target for the House Democratic campaign arm, which is hoping to flip it to former Colorado House of Representatives member Manny Rutinel, who worked as a lawyer at the environmental group Earthjustice. The Cook Political Report rates the race as toss-up, and Nate Silver gives Rutinel a roughly 75% to win.
But Rutinel won’t be getting any campaign help from Peters.
When I asked Peters about the timing of releasing a bill that could boost an endangered Republican’s bipartisan bona fides less than two months before an election, Peters told me that he and Evans had been working on it “for a while,” and that “my colleagues know that I’ve worked with Republicans to get problems solved.”
He said he wasn’t “participating in Gabe’s election” and wasn’t giving any money to his campaign, but also that he wouldn’t campaign Evans’ challenger, despite the opportunity to bolster his own caucus.
Peters is not shy about praising Evans. “What I appreciate about Gabe is that it takes a little bit of initiative to separate yourself from the majority — particularly when you’re in the trifecta — and do your own thing. He’s been a good partner in helping find ways to reduce process and make things go faster,” he told me.
Evans told me that he and Peters met early in this Congress, as Evans was getting settled into his new office in the Longworth building. “We’ve built the relationship over the last two years with a lot of the different areas that we’ve collaborated on.”
“I always try to meet the members of my committee and find out who will work with me. And I was fortunate to find Gabe,” Peters said.
“I do want to win the majority in the next Congress,” Peters went on, but “the norm should be that we figure out ways to work together to solve problems, and, you know, we’ll let the voters of Colorado 8 decide who to send me.”
Evans, for his part, told me that he had to work with Democrats to get anything passed as a member of a minuscule Republican minority in the Colorado statehouse, and that the 40-plus members of the bipartisan Problem Solvers Caucus have agreed not to campaign against each other. “There’s 385 other members that you can go pick fights with,” he said.