You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
Local governments once fought the adoption of wireless communications technology. Then Congress did something.

The landmark Inflation Reduction Act invested some $370 billion toward transitioning the United States to a clean energy economy. Yet turning that spending into actual new energy facilities – getting turbines in the air, and solar arrays on the ground – is another matter.
How many facilities materialize, and how quickly, will hinge on countless permitting processes carried out in cities and towns around the country. And at the hyper-local level, renewable energy developers often meet resistance and drawn-out processes.
If left unchecked, NIMBYism could effectively veto much of the IRA, one project at a time. But fortunately, Congress has a ready-made model to defend their investment: a Clinton-era law that helped bring cellphones to more Americans by partially insulating wireless infrastructure from local resistance. We can do the same thing to ensure that the renewable energy transition is not stonewalled on the ground.
Back in the 1990s, NIMBY opposition was hampering the adoption of then-novel wireless communications technology. Local zoning boards frequently enacted moratoria on new wireless towers, and opponents spread unsubstantiated myths about health risks and complained that the towers were eyesores. This often prevented (or at least delayed) the construction of new towers, which slowed the deployment of cellphone technology. For example, in Georgia, a county commissioner said, “By and large, the towers are ugly, and people don’t want them in their backyards. If folks would stay off their cell phones there would be no need for the towers.” Medina, Washington was one of many cities that enacted multiple moratoria on new cell tower citing; a leading opponent of the cell towers there said, “People are willing to not use their cell phones for three blocks on their way to the grocery store, if that means not having the towers here.”
Rather than let NIMBYism hold back progress, Congress took action. The Telecommunications Act of 1996 passed with overwhelming bipartisan support to “encourage the rapid deployment of new telecommunications technology.” The TCA struck a balance on local permitting and siting: it preserved “the traditional authority of state and local governments to regulate the location, construction, and modification” of wireless towers, but crafted limits on that authority. Under the TCA, local governments can no longer impose regulations tantamount to bans on cell towers. They must issue decisions on proposed towers within a reasonable time, and must support those decisions with “substantial evidence” – in writing. And they cannot turn away projects on the basis of debunked health fears. If a town violates these rules, telecom companies can get an expedited hearing in court.
Congress aimed to let local communities continue to have some say over cell tower siting, but added guardrails to ensure that they couldn’t undermine national imperatives. As Republican Congressman Thomas Bliley, chair of the House Committee on Energy and Commerce, put it at the time: “Nothing is in this bill that prevents a locality … from determining where a cellular pole should be located, but we do want to make sure that this technology is available across the country, that we do not allow a community to say we are not going to have any cellular pole in our locality.”
The TCA paved the way for greater adoption of modern telecommunications technology. Before the law, there were roughly 20,000 wireless towers in the United States and 30 million cellphone users. Six years later, there were nearly 130,000 towers and 130 million users. The TCA continues to reap dividends, such as by neutralizing some of the resistance to the 5G rollout. In 2018, the Federal Communications Commission adopted rules under the TCA to limit the power of localities to obstruct new 5G facilities, constraining the power of cities and towns to block the new sites.
Just as the TCA’s siting rules have helped support the expansion of cellphone networks in the United States, a similar policy could support the expansion of renewable energy. Local permitting has increasingly become a bottleneck for our clean-energy transition. As the Idaho Capital Sun recently observed: “Across the country — from suburban Virginia, rural Michigan, southern Tennessee and the sugar cane fields of Louisiana to the coasts of Maine and New Jersey and the deserts of Nevada — new renewable energy development has drawn heated opposition that has birthed, in many cases, bans, moratoriums and other restrictions[,]” with new wind and solar developments “igniting fierce battles over property rights, loss of farmland, climate change, aesthetics, the merits of renewable power and a host of other concerns.”
A report last year from Columbia University's Sabin Center on Climate Change Law identified 121 local policies restricting renewables development across 31 states, and more than 200 renewables projects challenged across the country – and those numbers are undercounts, according to the Center’s Matthew Eisenson. Common local tactics, the report found, “include moratoria on wind or solar energy development; outright bans on wind or solar energy development; regulations that are so restrictive that they can act as de facto bans on wind or solar energy development; and zoning amendments that are designed to block a specific proposed project.” These local restrictions have been fueled in part by misinformation spread on social media promoting unsupported health and safety concerns around wind and solar farms. Sometimes these groups are literally bankrolled by the oil industry trying to curb the transition from fossil fuels.
Congress could step in to limit localities’ power to obstruct clean energy. Patricia Salkin and Ashira Pelman Ostrow, legal scholars at Albany Law School and Hofstra University, proposed a new legal framework modeled off of the TCA that would outlaw bans and indefinite moratoria on new wind farms, require reasonably fast decisions that are issued in writing and backed by substantial evidence, and create a judicial right of action for wind developers to challenge permitting denials. This would speed up the siting process, and force localities to keep their doors open to renewable energy. And it would incentivize more localities to grant wind citing requests by imposing litigation risk on decisions denying projects.
This framework could provide the foundation for a new Renewable Energy Siting Act – one that, unlike some other permitting reform proposals, would streamline the process for approving renewables only, without sacrificing community protections against fossil fuels. It could also be strengthened. For one, it should apply to other forms of clean energy beyond wind, including solar. The timeline for issuing a decision on a project could be specified at a fixed deadline, like 90 days.
The “substantial evidence” standard could also be bolstered to exclude common NIMBY complaints. In a 2015 Supreme Court case involving the TCA, at least one Supreme Court justice – Justice Alito – said that a permitting decision rejecting a cell tower based solely on aesthetics or community compatibility would count as “substantial evidence.” In adapting the TCA model for renewable energy, Congress should require permitting decisions to be supported by evidence that is both substantial and credible. As it did for fears over radiofrequency emissions from cell towers, Congress could explicitly rule out certain disproven or baseless objections around health, safety, and aesthetics.
Congress could also crack down on extreme and prohibitive “setbacks” – the distance that a structure must be from any neighboring properties – that some states and municipalities impose on renewable facilities. In Ohio, wind turbines must be built at least 1,125 feet from the nearest property line. (Meanwhile, the state allows new oil and gas wells just 100 feet from homes.) That has made new wind development in the state a practical impossibility. Congress could let states and localities take reasonable precautions to protect nearby properties (in the unlikely event that a turbine falls over), while setting a maximum setback rule at perhaps 1.5 times the turbine’s height – a setback of around 450 feet for a typical utility-scale tower.
By design, this approach protects national goals while preserving a role for state and local governments. Though given the climate stakes and the federal dollars at risk, some might understandably want to hand more permitting authority to national agencies. But that risks provoking a backlash, and may also lead federal authorities to miss legitimate local concerns. Putting the federal government in charge of permitting and siting decisions could also trigger federal environmental review under the National Environmental Policy Act and other laws, further slowing deployment.
Though without a new law from Congress reining in local permitting, the Biden administration may have little choice but to resort to targeting specific projects to speed them up. Existing authority under the Defense Production Act allows the federal government to override other laws – including permitting laws – to expedite renewable energy development. The administration has also reportedly started leveraging certain grants to reward states and localities that agree to streamline permitting for projects receiving federal funding. Similar conditions could be attached to some Inflation Reduction Act funding too.
With the House under Republican control, the odds of congressional action seem admittedly slim. But red states and conservative districts stand to benefit mightily from IRA spending given the geographic skew of wind and solar energy toward rural areas in the middle of the country. And providing more national uniformity in permitting processes is fundamentally a pro-business, deregulatory act that will provide more certainty to energy developers. Perhaps those dynamics can produce a bipartisan coalition for congressional action like the one that enacted the TCA.
As we build our way out of the climate crisis, local communities deserve a say in how and where we build, but not a veto. With the climate clock ticking, we can ill afford to run out that clock with undue delays and frivolous objections. Congress can strike the right balance here, and help clean energy proliferate just as quickly as cellphones did.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Chatting about win-win solutions with the Abundance Institute’s Ryan Norris.
This week’s conversation is with Ryan Norris, senior fellow for energy policy at the Abundance Institute. The libertarian-leaning institute — whose name cleverly shortens to AI — is a new-ish entity with increasing relevance in energy and tech spaces. As Norris and I discussed, it’s starting to help shape policy on data center development and the generation that’ll power it all, especially in Republican circles. Norris himself previously worked with Americans for Prosperity, a right-wing political organization. I reached out to him and asked if we could chat because I wanted to know more about the institute’s work within the energy space. He wound up saying a lot more than I expected. So let’s dive into it.
The following conversation was lightly edited and abridged for clarity.
So let’s start with what you’re working on. What’s on your desk these days?
Here at Abundance, we sit at the juncture of emerging technology and the energy they need to bring that new technology to bear to impact life positively. We are always in a constant state of learning and researching what the latest thoughts and feelings are around certain policies, particularly around AI and data centers, and then energy technology. How do they feel about nuclear? Geothermal? Solar and battery arrays?
A lot of what I’m working on is Project Gigawatt, a body of policy that fits into permitting, generation, the grid, transmission, and then market and demand. Policies that we believe will generate more, transmit more, and as much of a free market approach as possible. Knowing that a lot of states have regulated utilities, when the state utility can’t produce what the state can potentially actually generate or would need to in order to accommodate large loads, we think there needs to be other opportunities to either bring that power or purchase it in a different way.
When it comes to this policy set, how are you taking into account the intensifying backlash to data center and AI infrastructure, as well as the energy attached to it?
As everyone can sense, things are moving rapidly, and there is a natural inclination to question how fast we’re going. I think these concerns need to be addressed seriously and respectfully. You can’t just say negative things about people who care about water quality or impacts to their local economies. Those are valid. I’ve lived through those. I come from a rural place in Arkansas that had oil and gas plays. And I’ve seen there needs to be conversations with people living in those areas too.
We cannot discount the backlash. When you take the legitimate concerns and pair them with the opportunities coming, I think there’s actually a chance to set up win-win solutions. It shouldn’t be a win-lose scenario here. They have skepticism about AI in the short and long term — that’s a natural inclination and not a negative, per se. But educating people and policymakers about data centers, that’s important.
What is your approach to the rise in land use regulation around data centers and energy infrastructure, moratoria and restrictive ordinances?
As much as possible, you want the infrastructure and cost allocation to be borne by the business causing it. That’s the motivation behind a lot of colocation partnerships happening right now, like the Kilby project in Texas, with natural gas powering a Microsoft hyperscale.
To us, it’s about setting up the opportunity for private property owners to sell to those hyperscalers and those generating the energy. Setting up situations where you’re not stopping people from benefiting. A lot of the “bring your own power” concept, we really like that. Maybe having it where power purchase agreements are more in the mix, things along those lines. That’s where I see things.
The energy increases to our utility bills, people are concerned about it, and that’s a bread and butter issue. That’s the approach: We know we need grid upgrades and want to have the most cost effective versions of those as possible, but you want those needing the power paying for it and not putting it on the backs of residents.
I’m curious, what’s you and your organization’s approach to the rise of gas infrastructure built for AI and the potential impacts that could have on climate change?
I don’t discount the issue of climate change.
Let’s say we’re not able to decarbonize enough to reverse the effects of warmth. We know we’ll have to create energy. We know we have other options for energy that need to be in the mix — more nuclear, which now even some of those who are climate-minded understand is an abundant energy source. I’m also interested in new technologies in geothermal where it can be viable in more places than we thought. You can drill down and tap hot rocks, a basin of water, turn a turbine, and that’s more acceptable for those who care about the climate. And states are looking at it, including my state of Arkansas. I bring these up because I also care about sources that provide firm, consistently available power.
We attended the American Legislative Exchange Council, and one of the things we do, we’re voting members on the energy, environment, and agriculture task force. We’re pro letting the market decide what they need. So we took opposite stances from what people typically consider normal standards on the center-right about banning “net-zero” for local governments. It did pass as model legislation but if we believe “all of the above” is the approach, we also want to be principally correct to ourselves that it doesn’t mean banning wind or solar where it’s viable.
My last question: What’s your thought on the future of politics around AI infrastructure and energy generation for it?
There’s definitely headwinds to those in that industry. I think the sense is, they understood what they wanted and didn’t see any barriers to the way they’d go about it. That’s causing ripple effects in our politics at the local level, including here in Arkansas, where I live in Pulaski County. I think it’ll stay important particularly as it connects to affordability concerns around energy. We know we need more energy, but we want it at the lowest cost possible to the residential side. If people are feeling like data centers are driving the demand for the energy and aren’t on the hook for it, that’s going to position them to be more negative towards the technology.
But we have to expand the conversation. There are folks out there talking about 3D printing for homes, using proprietary cement mixes to build homes in a few weeks when they took months. Agriculture is using robotics in lieu of pesticides and herbicides. Advanced manufacturing is improving the quality of medical equipment. No one completely understands the end goal of new energy to fuel the data centers and AI to get us where there’s a net benefit to them.
Plus more of the week’s biggest development fights.
1. Shelby County, Alabama — The Trump administration’s widening effort to intervene in rural energy project fights is facing an early test: What happens if companies don’t take it seriously?
2. Ozaukee County, Wisconsin — Speaking of walls, we just saw the political power of the data center resistance hit one in the Badger State.
3. Everywhere in Texas — Texas Governor Greg Abbott is getting a lot of love for his data center standards, with major developers rolling out press statements claiming they’ll comply.
4. Herkimer County, New York — Something weird is going on in upstate New York with a monastery, a wind farm, and the Trump administration. I’m not sure what to make of it yet.
Renewable and pipeline companies alike have come out against the administration’s attempt to leverage an obscure Cold War-era law.
The Trump administration is considering changing its interpretation of an obscure law related to farmland ownership to transform it into a national security instrument with profound impacts for U.S. renewables projects — and fossil fuels. U.S. energy developers and their trade groups are ringing alarms about the plan, arguing that Trump may be about to undermine their relationships with international investors in allied nations.
For the past week, I’ve been hearing anxious rumbling from contacts in D.C. about a proposed regulation from the Agriculture Department published on June 26. The plan has gotten little attention so far outside of energy trade publications and wonk analysis. Pay no mind to the relative quiet — anyone working in energy development needs to know what’s at stake. Explaining why this is sending D.C. energy lobbyists into a tizzy gets complicated quickly, so bear with me. But the easiest way to sum it up is a fear of death by a thousand cuts.
The administration’s proposal would morph USDA’s approach to the Agricultural Foreign Investment Disclosure Act of 1978, often referred to in legal circles by the acronym AFIDA. This Cold War-era statute created a system for collecting information on farmland owned by people or entities born, headquartered, or otherwise governed by laws outside of the United States, requiring people or companies labeled “foreign persons” to disclose land holdings and transactions to the federal government.
As I reported Monday, Senate Democrats claim the department is proposing to expand the definition of “agricultural land” to include all solar and wind projects, as well as pipelines. I’ve since confirmed this is true, as stated in a supplemental document released by USDA. But there’s a lot more causing companies headaches. The plan would drastically expand the pool of entities and people required to report to USDA by lowering the minimum foreign investment threshold for reporting, compel information on rights of ways when it wasn’t asked for before, and force companies to do detailed geospatial mapping of farmland.
You may not have heard of AFIDA, but security hawks in D.C. and the most affected multi-national companies have been agitating to reform the law for years. Their concerns have focused primarily on Chinese firms and the agriculture sector. In 2022, Republicans in Congress anxious about Chinese companies purchasing farmland near military bases requested an independent Government Accountability Office audit of AFIDA compliance. Two years later, the watchdog office found the law was falling significantly short of its stated objective to track relevant land transactions.
Representatives from the energy sector tell me the actual proposed changes would create a severe red tape headache for developers of all stripes.
Over the past week, almost every major industry trade group in renewables and fossil fuels has filed a comment excoriating the plan, with even some oil and gas allies such as the Western Energy Alliance calling for it to be thrown onto the trash heap. The American Petroleum Institute and Interstate Natural Gas Association of America told the USDA that the plan would “chill foreign investment in U.S. energy infrastructure and increase the cost of capital for pipeline projects with no benefit to national security.”
Meanwhile, renewable energy industry representatives seemed particularly frightened by the proposal given existing financial relationships with investors, parent companies, and business partners in U.S.-aligned nations. American Clean Power said it would burden “good faith, low-risk filers from allied countries,” while the Solar Energy Industries Association said the proposal warranted “a full withdrawal” as it had “unintended national security consequences and [would] unnecessarily expose business sensitive information.”
So far, only one large publicly-traded renewables company has commented with criticisms of the proposal: EDP Renewables North America, a subsidiary of a Portuguese company. “We respectfully urge USDA to carefully weigh the compliance burdens imposed by each proposed change against the incremental national security benefit it provides,” wrote Tom LoTurco, an executive vice president for EDP Renewables North America.
Those calling for reform have wanted to streamline the filing process, not add even more bureaucracy. “Solar and wind, they’ve long been considered agricultural land users. But under this rule, costs are going to go way up,” Jeff Hunter, an attorney with Kelley Drye and Warren LLP, told me. “It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.” Hunter represents the AFIDA Modernization Coalition, an ad hoc coalition of companies that routinely file under the law. Hunter said the coalition includes founders Invenergy and Doral Renewables, both of which have substantial renewables investments in the U.S. as well as investment originating from other countries.
“It’s going from a manageable material cost to something that’s going to have a meaningful effect on the bottom line.”
Many large renewable energy companies have substantial foreign investment because of the European trend towards ESG-minded financing practices, Hunter added. The law was already on developers’ radars, but this proposal presents a wholly different regime.
As Trump re-entered office, it was reasonable to expect his administration would attempt to “protect farmland” from renewable energy development given the issue’s salience in deep red rural pockets of his supporter base. Still, when the Agriculture Department last May released a “National Farm Security Action Plan” stating that it would change AFIDA regulations, I didn’t think much of it. The plan didn’t mention the energy sector at all.
In December USDA solicited public comments on ways to change the rules, but it was a sleepy affair with little conflict involving renewables or anything else. Even the Center for Regulatory Freedom, a conservative policy shop created by the political organization CPAC, sought changes while emphasizing the “United States benefits from foreign capital in agriculture, renewable energy, and rural development, and AFIDA should not become a blunt instrument that discourages lawful and economically beneficial transactions.”
All this is to say, nobody seemed to anticipate the bomb USDA suddenly dropped on the energy industry.
The plan may change between proposal and implementation. But so far only one organization I know of is focused on ensuring that solar and wind are targeted under the new rulemaking: the America First Policy Institute, a Trump-aligned think tank co-founded by Brooke Rollins, the current Secretary of Agriculture. In comments filed by AFPI’s Adam Savit, the conservative think tank recommended the government preserve “the inclusion of solar and wind generation on agricultural land” because it “prevents the conversion of reportable land into unreportable land through a change in use.” The group’s comments did not address the rule’s references to pipelines.
I asked AFPI to ask if it had any additional comment on the rulemaking, and specifically if it had any view on the new definition for agricultural land. In a statement provided by the think tank, its senior director for China policy Piero Tozzi told me that “the proposed change is necessary to address who owns the land and what control it gives the owner.”
“The current reporting framework for foreign acquisition of American farmland before land was understood as a potential strategic perch for foreign adversaries,” Tozzi said.
The Agriculture Department rarely comments on public input received on proposed rulemakings and did not respond to a request for comment for this story. On Monday, the agency sent me the following statement in response to the Senate Democrats’ claims: “As Secretary Rollins has noted before, the regulations governing the Agricultural Foreign Investment Disclosure Act of 1978 are extremely outdated and need to be updated to better reflect today’s conditions. USDA looks forward to considering all public comments before finalizing the rule.”