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Meanwhile, fire season has begun.

There is basically no original way left to complain about Congress. Bemoaning our elected officials is the most American of pastimes; pretty much as long as we’ve been a country, we’ve been cringing at the people who run it.
Lately, though, things have felt bleakly unfunny. Gerrymandering and tribalism have cleaved Congress into warring halves, making bipartisanship politically suicidal. The three-week House Speaker vacancy last fall exposed the legislative branch as the most dysfunctional it’s been in its quarter-millennium of existence. Lawmakers accomplished less in 2023 than any other time in the past 50 years, and experts predict 2024 will be even worse.
It’s a bad time to be someone who needs a bill passed, in other words. Like, say, a federal wildland firefighter.
Back in 2022, in the flush times after the passage of the Bipartisan Infrastructure Law, President Biden allotted $600 million toward increasing the pay of federal firefighters, who made as little as $13 an hour at the time. The BIL boost was not insignificant: it bumped the starting wage to $15 an hour, and current firefighters received an annual pay increase of up to $20,000 that was retroactive to the year before.
The raise had always been intended to be temporary, serving as a “bridge for two years as the administration works with Congress on longer-term reforms,” the Biden administration explained at the time. That ran out last September — just in time for the government to implode spectacularly.
Congress had actually been working on a permanent fix last summer, the Wildland Firefighter Paycheck Protection Act. A rare bipartisan piece of legislation, it was introduced by Arizona’s Independent Senator Kyrsten Sinema and would mean a lasting increase to the base pay for Forest Service and Department of the Interior wildland firefighters, plus add new premium pay for those who respond to high-hazard fire incidents.
The bill cruised through the Senate Homeland Security and Governmental Affairs Committee on a 10-1 vote, with only Republican Rand Paul concern-trolling about the deficit. But it never even made it to committee in a Republican-controlled House obsessed with spending cuts. “There was a window where it could have been brought up for a vote that they pretty much missed,” Riva Duncan, a wildland firefighter of more than 30 years who serves as the executive secretary of Grassroots Wildland Firefighters, an industry advocacy group, told me.
Since the temporary pay bump expired in September, Congress has extended firefighters’ salaries three times using continuing resolutions, which means that every few months, there are headlines about how the force is on the brink of losing half their pay. The current supplement — and funding for the government more broadly — is set to expire March 8, and Congress will probably bridge it with a fourth extension as the bill continues to flounder and the larger budget fights continue.
Meanwhile, the 2024 fire season is already starting to heat up. Several states were under red flag warnings on Monday and Tuesday, with smoke from wildfires in the Great Plains and south drifting as far as New York City. And it’s February. Things will only get worse as the spring dries into the summer.
For the 17,000 or so firefighters affected, the uncertainty means their lives hang in a sort of limbo. Retirement accounts are suspended until Congress can work out a solution. Additionally, “a lot of people who have tried to get a loan, whether it’s for a vehicle or to buy a house or to move and pay rent — they can’t count on the supplement,” Duncan said. “So that really affects them, not having a plannable income.”
Needless to say, “morale is pretty low right now,” Duncan went on. It’s not an appealing time to be a federal firefighter, particularly when many state and private firefighting agencies can offer you actual financial stability (not to mention wages that are often higher). According to an assessment by the National Federation of Federal Employees, as much as half of the 11,000-strong Forest Service firefighters corps could start to look for other work if a permanent fix doesn’t happen soon. And if that comes to be, then “communities will burn, and people will die,” NFFE National President Randy Erwin warned in a statement last summer.
That’s because federal firefighters do things that other crews, simply, can’t. “The federal government … provides advanced-skill units not offered by state or private entities, such as hotshot crews, smokejumpers, rappellers, helitack crews, and wildland fire modules” — that is, specialist teams that are critical for fighting fires in this new era of extreme weather — Colorado’s Democratic Congressman Joe Neguse, the co-chair of the Bipartisan Wildfire Caucus, wrote in a letter last fall.
Retirements and defections from skill-based work like firefighting are especially damaging because with every senior departure goes the kind of on-the-job expertise that green new hires can’t replace. But that’s if there are new hires in the first place. Rumors abound that the agencies are struggling to fill their openings even this late in the training cycle, with a known vacancy rate of 20% in the Forest Service force alone.
To help its remaining workers make ends meet, the Forest Service has been paying firefighter wages out of its fire suppression fund, which is usually used on actual fires. In the DOI, the stopgap money comes from its preparedness fund, which is intended for day-to-day expenses. That has been working in the short term. But “if we have a big fire season, which in an El Niño year, usually we do — we know that there’s a lot less snow in the Rockies and the Sierra this year — then that pot of money for suppression, it’s not bottomless. It is a finite pot of money,” Duncan said. Agencies and lawmakers think, “‘Well, they’re making it work, so they don’t really need a permanent pay raise,’” she added. “But this is not a tenable situation.”
Each year, an average of 17 wildland firefighters die in the line of duty. Climate change doubled the number of large fires in the West between 1984 and 2015. And last year saw the deadliest wildfire in modern U.S. history in a place that wasn’t supposed to burn.
Firefighter pay, by all appearances, should be the rare issue on the Hill that lawmakers more or less agree on. No one wants to see communities burned to the ground, cities filled with smoke, or the people who risk their lives to contain such dramatic natural disasters go underpaid. The bill is about as close to a no-brainer as you can get in these divisive times, and Duncan feels sure that if it went to a vote, it would pass. But Congress remains distracted and obstinate. As long as the permanent bill is stalled and continuing resolutions are used as short-term fixes, federal firefighters will continue to feel undervalued or, worse, forgotten.
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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.