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It took the market about a week to catch up to the fact that the Chinese artificial intelligence firm DeepSeek had released an open-source AI model that rivaled those from prominent U.S. companies such as OpenAI and Anthropic — and that, most importantly, it had managed to do so much more cheaply and efficiently than its domestic competitors. The news cratered not only tech stocks such as Nvidia, but energy stocks, as well, leading to assumptions that investors thought more-energy efficient AI would reduce energy demand in the sector overall.
But will it really? While some in climate world assumed the same and celebrated the seemingly good news, many venture capitalists, AI proponents, and analysts quickly arrived at essentially the opposite conclusion — that cheaper AI will only lead to greater demand for AI. The resulting unfettered proliferation of the technology across a wide array of industries could thus negate the energy efficiency gains, ultimately leading to a substantial net increase in data center power demand overall.
“With cost destruction comes proliferation,” Susan Su, a climate investor at the venture capital firm Toba Capital, told me. “Plus the fact that it’s open source, I think, is a really, really big deal. It puts the power to expand and to deploy and to proliferate into billions of hands.”
If you’ve seen lots of chitchat about Jevons paradox of late, that’s basically what this line of thinking boils down to. After Microsoft’s CEO Satya Nadella responded to DeepSeek mania by posting the Wikipedia page for this 19th century economic theory on X, many (myself included) got a quick crash course on its origins. The idea is that as technical efficiencies of the Victorian era made burning coal cheaper, demand for — and thus consumption of — coal actually increased.
While this is a distinct possibility in the AI space, it’s by no means a guarantee. “This is very much, I think, an open question,“ energy expert Nat Bullard told me, with regards to whether DeepSeek-type models will spur a reduction or increase in energy demand. “I sort of lean in both directions at once.” Formerly the chief content officer at BloombergNEF and current co-founder of the AI startup Halcyon, a search and information platform for energy professionals, Bullard is personally excited for the greater efficiencies and optionality that new AI models can bring to his business.
But he warns that just because DeepSeek was cheap to train — the company claims it cost about $5.5 million, while domestic models cost hundreds of millions or even billions — doesn’t mean that it’s cheap or energy-efficient to operate. “Training more efficiently does not necessarily mean that you can run it that much more efficiently,” Bullard told me. When a large language model answers a question or provides any type of output, it’s said to be making an “inference.” And as Bullard explains, “That may mean, as we move into an era of more and more inference and not just training, then the [energy] impacts could be rather muted.”
DeepSeek-R1, the name for the model that caused the investor freakout, is also a newer type of LLM that uses more energy in general. Up until literally a few days ago, when OpenAI released o3-mini for free, most casual users were probably interacting with so-called “pretrained” AI models. Fed on gobs of internet text, these LLMs spit out answers based primarily on prediction and pattern recognition. DeepSeek released a model like this, called V3, in September. But last year, more advanced “reasoning” models, which can “think,” in some sense, started blowing up. These models — which include o3-mini, the latest version of Anthropic’s Claude, and the now infamous DeepSeek-R1 — have the ability to try out different strategies to arrive at the correct answer, recognize their mistakes, and improve their outputs, allowing for significant advancements in areas such as math and coding.
But all that artificial reasoning eats up a lot of energy. As Sasha Luccioni, the AI and climate lead at Hugging Face, which makes an open-source platform for AI projects, wrote on LinkedIn, “To set things clear about DeepSeek + sustainability: (it seems that) training is much shorter/cheaper/more efficient than traditional LLMs, *but* inference is longer/more expensive/less efficient because of the chain of thought aspect.” Chain of thought refers to the reasoning process these newer models undertake. Luccioni wrote that she’s currently working to evaluate the energy efficiency of both the DeepSeek V3 and R1 models.
Another factor that could influence energy demand is how fast domestic companies respond to the DeepSeek breakthrough with their own new and improved models. Amy Francetic, co-founder at Buoyant Ventures, doesn’t think we’ll have to wait long. “One effect of DeepSeek is that it will highly motivate all of the large LLMs in the U.S. to go faster,” she told me. And because a lot of the big players are fundamentally constrained by energy availability, she’s crossing her fingers that this means they’ll work smarter, not harder. “Hopefully it causes them to find these similar efficiencies rather than just, you know, pouring more gasoline into a less fuel-efficient vehicle.”
In her recent Substack post, Su described three possible futures when it comes to AI’s role in the clean energy transition. The ideal is that AI demand scales slowly enough that nuclear and renewables scale with it. The least hopeful is that immediate, exponential growth in AI demand leads to a similar expansion of fossil fuels, locking in new dirty infrastructure for decades. “I think that's already been happening,” Su told me. And then there’s the techno-optimist scenario, linked to figures like Sam Altman, which Su doesn’t put much stock in — that AI “drives the energy revolution” by helping to create new energy technologies and efficiencies that more than offset the attendant increase in energy demand.
Which scenario predominates could also depend upon whether greater efficiencies, combined with the adoption of AI by smaller, more shallow-pocketed companies, leads to a change in the scale of data centers. “There’s going to be a lot more people using AI. So maybe that means we don’t need these huge, gigawatt data centers. Maybe we need a lot more smaller, megawatt-size data centers,” Laura Katzman, a principal at Buoyant Ventures, told me. Katzman has conducted research for the firm on data center decarbonization.
Smaller data centers with a subsequently smaller energy footprint could pair well with renewable-powered microgrids, which are less practical and economically feasible for hyperscalers. That could be a big win for solar and wind plus battery storage, Katzman explained, but a boondoggle for companies such as Microsoft, which has famously committed to re-opening Pennsylvania’s Three Mile Island nuclear plant to power its data centers. “Because of DeepSeek, the expected price of compute probably doesn’t justify now turning back on some of these nuclear plants, or these other high-cost energy sources,” Katzman told me.
Lastly, it remains to be seen what nascent applications cheaper models will open up. “If somebody, say, in the Philippines or Vietnam has an interest in applying this to their own decarbonization challenge, what would they come up with?” Bullard pondered. “I don’t yet know what people would do with greater capability and lower costs and a different set of problems to solve for. And that’s really exciting to me.”
But even if the AI pessimists are right, and these newer models don’t make AI ubiquitously useful for applications from new drug discovery to easier regulatory filing, Su told me that in a certain sense, it doesn't matter much. “If there was a possibility that somebody had this type of power, and you could have it too, would you sit on the couch? Or would you arms race them? I think that is going to drive energy demand, irrespective of end utility.”
As Su told me, “I do not think there’s actually a saturation point for this.”
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.