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What’s the matter with Wisconsin?

The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.
Over the last week, I’ve pored over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).
In four out of the five states I found remarkable harbingers of troubles and tension in the foreground, as the nation careens toward a midterm election fast being defined by rising electricity bills and the AI infrastructure many Americans believe to be to blame.
In Texas an influential conservative think tank, the Texas Public Policy Foundation, is urging the state utilities commission to pause transmission permitting so legislators can help “the market to direct less revenue to wind, solar, and storage.” In Arizona, Democrats and Republicans are clashing over a four mile “nuisance” setback for solar and wind projects which industry backers have claimed would be a de facto ban on new projects. In Wisconsin, GOP gubernatorial hopeful Tom Tiffany is campaigning with renewables dissidents while railing against data centers too on a platform of empowering local control over infrastructure siting.
My only exception is California where, for a multitude of reasons, our Heatmap Pro data actually finds renewable energy conflicts and cancellations are actually down from their all-time average.
So here’s my breakdown of the top five states to watch for the future of policy governing renewable energy development. I hope this list is helpful. Oh, and for the sake of saving you time, I’m not going to delve deep into wind energy policy specifically, because there’s no reason to – you and I both know that industry’s fate is being decided by Donald Trump alone.
On Wednesday, after briefing Fight subscribers about this list in advance, I didn’t think I’d be breaking huge news. Then I spotted a grassroots anti-transmission organizer in the Lone Star State exclaiming on Facebook about a letter submitted that day to a Texas Public Utilities Commission docket from the Texas Public Policy Foundation, one of the most influential conservative think tanks in the United States.
The TPPF letter, which has not yet been reported, called for a statewide pause on transmission permitting pending new legislation that would deprioritize solar, wind, and battery storage on the state grid. It endorsed a motion to abate proceedings for approving new 765-kV high voltage power lines, a buildout in progress responding to various constraints on the grid as well as data center growth. And there were consignatories, including a litany of oil company executives as well as ranchers. “The need for so many long-distance lines is fundamentally driven by the failure of the wholesale market to properly incentivize the development of dispatchable generation close to load,” wrote Greg Sinclar, the think tank’s CEO. “The PUC and ERCOT need to implement a complete solution instead of partial fixes. Fundamentally, Texas needs the market to direct less revenue to wind, solar, and storage and more to reliable generation to properly account for the differences in reliability, variability, and duration of those different resources.”
Towards the end of the message, the think tank recommended what I now consider to be one of the most important pieces of state-level legislation considered anywhere in the country and which nearly became law last year. I wrote about the bill last year, as it would require energy generation projects to produce electricity whenever called upon or else they’d pay a fine, a concept opponents effusively say would target solar and wind projects lacking the energy storage to be on call for grid operators 24/7. (Nevermind the fact that solar plus storage has been the hero of the Texas grid this summer.)
“We think that the market will respond to those changes by building the amount and types of reliable generation needed in Texas and eliminate the need for more transmission and out-of-market subsidies,” Sinclair concluded.
The conservatives’ request was subsequently endorsed by Texas attorney general Ken Paxton, but wasn’t heeded. The Public Services Commission on Friday approved two large 765-kV lines out to West Texas, and it’s unclear whether the commission will heed future requests to pause green lines for these power lines given ongoing reliability concerns. But suddenly, Texas Gov. Greg Abbott’s support for a permitting pause looks a little different, especially since Texas attorney general and GOP senate candidate Ken Paxton filed comments supporting the abatement request earlier in the day.
“The Commission should pause to allow the Legislature time to evaluate the benefits and risks of these massive transmission lines. While the potential benefit of such lines may be significant, so is the risk of damage to privately owned lands and natural resources and the Legislature has not yet had the ability to balance those interests,” Paxton wrote in a legal brief to the commission, per the Texas Tribune.
For months now, myself and others at Heatmap have warned that the data center backlash could provide room for an anti-renewables Trojan Horse, as demand constraints and energy price politics change the calculus around the generation mix for elected officials and candidates for public office. Suddenly there’s a flashy new reason to argue for “firm” generation like gas and coal that can run all the time, especially in a state like Texas already dealing with blackout risk. And now it’s more evident than ever how at least one influential corner of conservative orthodoxy wants to respond: halting new electricity infrastructure so investors downgrade the value of building renewables.
When reached for comment, TPPF confirmed its desire to see this legislation passed before any major transmission buildout in the Lone Star State. “Texas ratepayers shouldn't be forced to subsidize billions in transmission infrastructure built primarily to move intermittent wind and solar generation that can't reliably deliver when Texans need it most,” read a statement provided by the think tank’s vice president of communications Eric Oldfather, which posited that “much of the pressure for these lines is coming from companies trying to meet their ESG goals, not by what Texas actually needs for a reliable grid.”
“The Legislature needs to weigh in before the PUC locks in costs that families and businesses will be paying for decades,” the statement concluded.
When Trump was first elected, the “Abundance” movement said California needed to be more like Texas when it came to permitting renewables. I’m not so sure that’s true anymore.
New renewable energy fights have consistently declined since early 2025, according to Heatmap Pro data, from a high of 18 fresh fights in the first quarter of that year to eight in the last three months. Every quarter, the number of new conflicts has gone down.

This could be for any number of reasons, like enactment of a siting law giving developers alternatives to local regulators more likely to represent the state’s historical NIMBYist tendencies. But it’s also possible that the state benefits from lacking the data center boom and backlash snaring other areas of the country. While California currently has one of the largest sets of operating data center facilities, it’s far from the primary destination for the new builds we’re seeing for artificial intelligence. There’s a teeny backlash happening, but it's been comparatively tiny.
Unlike New York State, there isn’t even a legislative push gaining steam for a statewide moratorium yet. That could be because rumored 2028 presidential contender Gov. Gavin Newsom last year vetoed a bill mandating new water use disclosures, suggesting he may not have purchase for that sort of law. But this also demonstrates regulating data centers is not as important a priority to him as, let’s say, strengthening the grid from fire risk and lowering gas prices.
In other words, California has more favorable waters than anyone could’ve expected last year.
Some lawmakers in the sunniest state really want solar energy to be far, far away from people.
This year the Arizona state house passed a bill that would label utility-scale renewable energy projects a "nuisance" and compel them to be located at least four miles away from residential homes. Per the legislative text, project operators would suddenly be subject to a misdemeanor, unless they got certificates from the Arizona Corporation Commission and its committee on power plant and transmission siting. And it would require the state attorney general to immediately bring legal action to “abate, enjoin, and prevent” projects from being built or operating out of compliance with the new restriction. Pro-renewables organization Advanced Energy United called the proposal a “practical siting ban plus an automatic litigation trigger.” (At least the bill authors exempted rooftop solar from being a nuisance, because how would that work?)
It’s unlikely that in an election year favorable for Democrats this bill stands any chance of becoming law. Yet it’s important to recognize Arizona is now for the second time in two years home to a bitter divide over indefinitely halting at least some forms of renewable energy, after legislators last year rejected a flat out wind project ban. Should there be a Red Wave election cycle, we can only surmise the potential for choppy waters and relative instability in this otherwise blossoming state for solar development.
Renewable energy developers better hope the future of Republican public utility regulators doesn’t look like Jim Zeigler.
In June, Zeigler won the GOP primary for a Public Service Commissioner against an incumbent, Chris Beeker. At the time, the former state auditor campaigned primarily on fighting the growth of data centers and solar farms in the state, lumping them together in the same breath. “They can ruin your community, consume water, and drive your electric bills up,” Zeigler said of both industries in an ad featured on the homepage of his campaign website. Zeigler is responding to local concerns like those in Stockton, a town south of the city Montgomery where residents are opposing a large Silicon Ranch project. People in the area routinely link the solar farm to a Meta data center campus being built north of them, in the city.
When Zeigler won the nomination, I predicted his candidacy, if successful, could set a blueprint for other Republicans elsewhere in the United States hoping to harness an industrial techlash against the development of renewable energy projects. In another era, I’d think a man who defended Roy Moore would have more trouble in Alabama. But it’s entirely plausible Zeigler’s previous work on the commission decades ago, combined with an enthusiastic base of support in the state’s Republican base, will catapult his remarkable candidacy to the PSC.
Nothing has irritated me more lately than the online discourse over the Wisconsin gubernatorial campaign and data center development.
Right after winning the Democratic primary for governor, former Milwaukee County executive David Crowley told NBC News he opposed a moratorium on new data center projects because some communities might still want them. Then his GOP opponent Tom Tiffany went on a posting spree littered with deceptively cut clips and trotted out a Trumpian nickname for his opponent: Data Center David. Since then, for weeks, I’ve watched my X feed routinely return to this spat to debate whether Democrats let Republicans win on this issue as a whole, not only in Wisconsin but nationally.
Except… Tiffany doesn’t support a moratorium either. Where the two candidates differ most is that Crowley would require new data centers to not only bring their own energy but prioritize using 100% clean carbon-free energy. Tiffany, meanwhile, has been trotting around the Badger State campaigning in rural communities fighting renewable energy projects and also data centers, criticizing Crowley’s “BYONCE” approach. “David Crowley has called for 100% wind, solar, and battery storage to power data centers. That means not only paving over land for the data centers themselves, but destroying tens of thousands of additional acres of Wisconsin land for solar panels, wind turbines, battery facilities, and transmission infrastructure,” states Tiffany’s website.
Like Zeigler, a Tiffany victory would have ripple effects for renewable energy politics across the country. Both candidates combine this angst over data centers with an overlapping Venn Diagram of potential policy pain for solar, wind, battery storage, and transmission.
In Wisconsin, the most likely practical impact of a Tiffany victory would be changes to state siting. Wisconsin is like California in that state regulators can have a final say over utility-scale solar and wind permitting, instead of localities. And like in Michigan, I expect any new governing GOP majority in the state legislature to ready, aim, fire at that permitting structure, opting instead for emboldening local control over energy development.
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Talking with Dan Hartinger, the land conservation group’s senior policy director.
This week’s Q&A is with Dan Hartinger, senior policy director for The Wilderness Society, a prominent land conservation organization in D.C. that this week called for a moratorium on data center development on public land. The public statement was relatively scant on details about the group’s stance, and a decade of reporting on policy in Washington has taught me that its positions are quite influential, especially in more traditional outdoor recreation and conservationist circles that are also often bipartisan. So I reached out and asked if someone could further explain the society’s position, and Dan obliged.
The following chat was lightly edited for clarity.
Let’s start at the beginning. What brought The Wilderness Society to make a call for a moratorium against data centers on public lands?
Like many others, we were concerned about news reporting on industrial-scale data centers being proposed on public lands. When we saw the scale of what was proposed – covering tens of thousands of acres of public lands, being pushed through without public input about whether this was an acceptable use of this land – it became clear we needed to hit the brakes and give the public a chance to evaluate this.
Our mission and vision for The Wilderness Society is not on the broader debate about AI data centers. It’s on public lands. Those are a shared resource we need to manage for the benefit of all Americans. We need to be careful not to sacrifice those for poorly understood impacts from the data center boom.
You called for Congress to do this during the lame duck session. Why call for this now?
We think this is urgently needed now. If we allow public lands to be sacrificed for a data center boom, we could very well never get them back, so we think it’s urgently necessary a moratorium is enacted. We’d love to see the administration institute a moratorium, and we’re rightly skeptical given what boosters they’ve been. It really just kind of leaves it in the hands of Congress.
There’s legislation introduced by Rep. Rashida Tlaib to institute a moratorium on data centers on federal lands, including Interior, Department of Defense, and Energy property. Do you support that bill?
We don’t have any expertise on Department of Energy or Department of Defense lands. I know Sen. Ron Wyden introduced a bill recently to ban data centers on public land managed by the Agriculture and Interior Departments. Our focus right now is on calling for a moratorium. When you’re contemplating a novel industrial use, the public needs time to understand.
Your call doesn’t include the Department of Energy or Defense lands?
We’re not national security experts. We haven’t waded in on whether there are some limited use cases where maybe there’s national security reasons, I guess.
So you want this to happen in a lame duck, when right now the likeliest thing Congress debates is instead building things faster through permitting reform. Does your organization have any stance on the impacts that the permitting reform effort underway in Congress could have regarding data centers on public lands?
We’re still wading through our stance on the [Senate] bill. I don’t know I have much to share on that. We’re concerned about some of the impacts that bill could have on public lands, but there’s also a whole lot of other factors from that bill to weigh.
Talking to folks who are more public about their stances on the bill, and looking at the set of projects even preliminarily underway on federal lands, it’s hard to imagine that changing NEPA and other environmental laws makes things on public lands go slower. I understand you’re still figuring out where you as an organization stand on the bill, but can you speak to the current state of infrastructure development on federal land and changes the administration has made to permitting?
I think through the lens of data centers, narrowly, all of the project reviews and approvals – which is a limited number – have been attempted without additional NEPA analysis. We saw with the Townsite project in Nevada, they tried to claim a solar farm was essentially the same as a data center. There have been authorizations for data centers’ geotechnical surveys approved through categorical exclusions under NEPA.
Certainly, we’re seeing the administration in every single possible opportunity eliminate or shortcut public input and review, and the permitting bill certainly seems to be pointing further in that direction.
The whole rush for speed-to-power over the next few years makes the rest of the Trump administration, should the permitting reform bill become law, feel more important. How does that timing weigh on your organization as you approach the lame duck session? You’re calling for a moratorium on data centers on public lands as we approach a conversation about whether to make it easier to build on federal lands.
That’s why we’re calling for a moratorium eyes open. It’s an uphill push. But if you look at the backlash happening, a lot of it is because the public is concerned these are being pushed forward with very little transparency, or regardless of whether the public supports them, and often done through mechanisms that hide the scale and scope of their impacts. That’s one of the big motivators behind seeking a moratorium. Because this is proceeding so fast, it’s even more essential we pump the brakes and give the public a chance for input.
What do you want to see come after a moratorium? What are the appropriate safeguards? Or do you just not want to see these projects on Interior land?
There are fundamental questions we need answered, including whether the BLM has clear authority to permit and authorize these large projects on public lands. They haven’t answered sufficient questions about that. There’s also the question of the public’s view on this. We don’t want to pre-suppose what the future post moratorium will look like.
There’s just this huge, novel use case, and the public needs to weigh in. If they’re ever given a chance to actually say something, all the polling we’ve seen says the public doesn’t want these on public lands at all. And so, we hope this is also a conversation about what we want for our public lands generally.
Plus more of the week’s biggest development fights.
1. Central Michigan – I regret to inform you of this back-and-forth between candidates running for Congress and a would-be constituent because it’s a warning sign for the renewable energy sector (and sort of broke my brain).
2. Doña Ana County, New Mexico – I suggest you pay closer attention to the federal permitting fight playing out over Oracle’s Project Jupiter.
3. Phoenix, Arizona – Does anyone want to tell me what happened to the Lava Run wind and solar Project?
4. Nashville, Tennessee – Data center developer DC Blox is hitting a roadblock in Nashville. Let’s hope it doesn’t turn into a legal zoo.
The Senate’s compromise bill enters the chat at a moment when federal land and anti-pipeline advocates are already quite activated.
The AI data center backlash is getting louder in D.C. ahead of the midterms – and it’s poised to collide head-on with the new permitting reform deal being negotiated in Congress.
This week, major environmental advocacy organizations are taking large public steps to lean in on the data center fight. The League of Conservation Voters and Natural Resources Defense Council, I’ve been told, are imminently announcing a $250,000 ad buy in the Washington, D.C. market focused entirely on decrying fossil fuel-powered data centers and Trump administration policies to speed up their construction. The Wilderness Society, a prominent land conservation organization, announced it now supports a moratorium against data centers on “public lands” focused on the roughly half billion acres under the Interior Department’s stewardship. And Earthjustice on Thursday did a detailed report claiming that 80% of the data centers under development “bringing their own power” are going to rely on gas generation.
“We are trying to reach a D.C. audience and add to the conversation on data centers,” Sara Chieffo, LCV’s head of government affairs, told me of the ad buy. “We’re at a time when there have been no regulations passed at the federal level on Big Tech, or data centers, and we have communities from very many different backgrounds, across the political spectrum, really shouting for enforceable safeguards to be put in place for data center development. For their pocket book, for air and water, and for having a say in what their actual communities look like.”
In a vacuum, all of this action would feel normal – what environmental organization isn’t focused on data centers right now? And if this much fossil fuel is going to be burned in the name of computing, why wouldn’t these groups be focused so intently on the problem?
But there’s another wrinkle: It’s impossible to ignore the elephantesque permitting debate in the room, given any progress on a bill would undoubtedly help data centers with any kind of federal nexus, as well as some of the large fossil power infrastructure they’re demanding.
Last week, we all learned of the Bipartisan American Affordability and Jobs Act, or BAAJA, which would radically change federal permitting for essentially all large infrastructure projects with a federal nexus. The bill, negotiated by top Republicans and Democrats in the U.S. Senate, aims to expedite bureaucratic review processes for industrial projects with any presence on federal lands, water pollution risk covered under the Clean Water Act, and/or potential impacts to federally-protected species habitat and historic sites. Many of these changes, like significantly narrowing claims under the National Environmental Policy Act, could mean quicker permitting decisions from the federal government; other policies in the bill, like a truncated statute of limitations for lawsuits, could mean developers avoid significant and costly litigation risk as they apply for federal permits.
There’s a lot to potentially love in this bill for decarb hawks – transmission reforms and permitting certainty, among other things. But the bill is incredibly divisive, especially amongst those interested in seeing renewable energy boosted without undue compromise for fossil fuel development and preserving the existing legal framework for protecting the environment through litigation. So controversial is this bill that all of the organizations I’ve mentioned – LCV, Sierra Club, NRDC, Wilderness Society, Earthjustice – have so far eschewed explicit formal statements opposing the bill, instead expressing caution about air and water impacts while saying they need more time to review it and speak with lawmakers.
It’s clear though the environmentalist community wants people to think about data centers as debate on the bill approaches. Those who publicly oppose the bill at this moment say its enactment under the current administration would fully unlock federal acreage for the worst incarnation of an unfettered fossil-powered data center boom. “In any permutation, this bill is a good thing for data centers,” said Brett Hartl, director of government affairs for Center for Biological Diversity. After the bill was introduced, an organizing call between environmentalists leaked revealing discussions on how to stop it from gaining traction. One idea raised, per a transcript of the call published by Punchbowl News, was leaning heavily into talking about AI data center permitting.
I asked Chieffo if the LCV ad buy was related to the permitting debate in D.C. She told me it was in the works before senators introduced the bipartisan permitting deal last week. “This is a longstanding focus of ours, to make sure the buildout of data centers do not perpetuate dirty energy or exacerbate the climate crisis,” she told me. Then I asked, if this isn’t about the permitting bill, but it is about federal policy about approving data centers, then how do AI data centers play into the conversation around permitting reform? Do you see the AI data center conversation playing a role in the permitting reform debate?
“The way I would answer that is, well, there are equities and impacts that permitting reform has on the ability to build data centers in this country. And there’s a much larger conversation that should be happening – and isn’t yet happening – around fully holding data centers and Big Tech accountable for their environmental and consumer impacts, safety, and broader regulation. It’s a much bigger conversation than just permitting conversations,” Chieffo told me.
Then she added something else: “The provisions in conversation right now in the Senate do not cover the full suite of what we believe we need to see to hold data centers accountable and address the environmental impacts, let alone the other impacts folks are concerned about with jobs, safety and the rest.”
There’s absolutely a hypothetical risk that enacting such sweeping permitting legislation could enable a faster fossil-powered AI data center buildout, particularly in two ways: federal land development and easier pipeline permits.
We know that President Trump’s executive order encouraging data centers on federal land has led to interest in developing large projects on Interior Department acreage in Arizona, Idaho, Nevada, Oregon, and Utah. How many of these projects are serious is unclear, partially because the federal land permitting process is opaque, and also due to some permitting applications gleaning more early-stage speculation than a commitment (see: Clearway’s reversal on this project). At least some of this development would be powered by gas, as we’ve previously covered.
There’s also the pipelines. We’ve previously covered how the bill’s changes to the Clean Water Act would take away a provision under the law previously cited by Democratic governors to block pipeline expansions, while limiting state and tribe authority under the law to cite impacts other than direct water discharges when rejecting or blocking permits. In the name of project certainty, the bill would also enshrine protections against approval revocation for all kinds of energy facilities, including pipelines. Many of the pipelines under development today are capacity expansions and not explicitly for data centers, and many of them may be approved regardless of whether BAAJA becomes law. But it’s almost impossible to divorce new gas projects from the data center industry’s fortunes, given climbing demand.
Advocates for decarbonizing the U.S. economy who support the bill say the legislation offers a safer trade-off than critics suggest. They put forward that most data center development is not on federal lands, rendering much of the actual AI infrastructure outside the scope of the bill’s impacts. In addition, they argue there are potential upsides, like the bill’s provisions unlocking new transmission development, expediting interconnection queue processing, and making data center developers pay for new energy grid upgrades, all of which could be good for renewable energy development.
Grayson Flood, a senior fellow at Groundwork Collaborative, told me he believes the bill will actually incentivize more data center developers to hook up to the grid and may result in fewer projects relying on off-grid gas plants constructed purely for operating GPUs. Studies have shown building off-grid can be almost twice as expensive. By reducing barriers to connection, and encouraging new transmission that unlocks renewable energy, Flood said one can easily see a pathway to a cleaner data center sector in the future under the bill.
“At the end of the day, if you want these data centers to be powered by clean, firm capacity, anything from solar and storage to wind and storage to nuclear, geothermal, and hydropower, you’re going to need to have a grid that can bring those sources to the data centers, and right now we really don’t have that,” said Flood, who previously worked as legislative director for Rep. Alexandria Ocasio-Cortez. “At a macro level, we need the bulk power system built out to see the power we want to see, and this bill makes data centers pay more than any other piece of proposed federal legislation to make that happen.”
Where does this leave us? Over the next month, we’ll live through a midterms election cycle chock full of ads activating anti-data center sentiments on both sides of the aisle. Then, right afterwards, the energy sector will pivot its attention span back to Congress and fight to pass a permitting bill that will not primarily benefit data centers, but clearly has upsides its opponents will want to call attention to.
Editor’s note: This story has been updated to correct the organization collaborating on the ad buy with LCV.