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Policy Watch

How to Solve a Problem Like a Wind Ban

And more of this week’s top policy news around renewables.

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Trump.
Heatmap Illustration/Getty Images

1. Trump’s Big Promise – Our nation’s incoming president is now saying he’ll ban all wind projects on Day 1, an expansion of his previous promise to stop only offshore wind.

  • “They litter our country like paper, like dropping garbage in a field,” Trump said at a press conference Tuesday. “We’re going to try and have a policy where no windmills are built.”
  • Is this possible? It would be quite tricky, as the president only has control over the usage of federal lands and waters. While offshore wind falls entirely under the president’s purview, many onshore wind projects themselves fall entirely on state lands.
  • This is where the whole “wind kills birds” argument becomes important. Nearly all wind projects have at least some federal nexus because of wildlife protection laws, such as the Endangered Species Act and Migratory Bird Treaty Act.
  • Then there are the cables connecting these projects to the grid and interstate transmission projects that may require approval from the Federal Energy Regulatory Commission.
  • I’m personally doubtful he will actually stop all wind in the U.S., though I do think offshore wind in its entirety is at risk (which I’ve written about). Trump has a habit of conflating things, and in classic fashion, he only spoke at the press conference about offshore wind projects. I think he was only referring to offshore wind, though I’m willing to eat my words.

2. The Big Nuclear Lawsuit – Texas and Utah are suing to kill the Nuclear Regulatory Commission’s authority to license small modular reactors.

  • If successful, it would totally neuter permitting powers in this sector, letting developers and manufacturers avoid a lengthy federal approval process. SMR startup Last Energy is also involved in the lawsuit.
  • The lawsuit cites the Supreme Court’s recent decision to undo a longstanding principle in American regulatory law that courts should defer to agency experts when interpreting vague language in statute. As Heatmap’s Robinson Meyer explained when that ruling came down, this means judges themselves get to decide if a law explicitly gives an agency authority to do something.
  • The lawsuit argues the nation’s primary nuclear law, the Atomic Energy Act, did not give the NRC the discretion to regulate SMRs. “If Congress wanted the NRC to have plenary authority in this area it needed to speak clearly. Instead, it has unambiguously indicated the opposite.”
  • I expect more of these lawsuits to come down the pike in the coming months, as the federal government under Trump will have the power to settle those cases and offer plaintiffs favorable deregulation through that process.

3. Biden’s parting words – The Biden administration has finished its long-awaited guidance for the IRA’s tech-neutral electricity credit (which barely changed) and hydrogen production credit.

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Plus

The Promise and Peril of the Blue Wave for Renewables

Talking with Arnab Pal, the executive director of Deploy Action.

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Arnab Pal, executive director of Deploy Action, president of Clean Infrastructure Advisors, and former principal advisor at the Energy Department’s Loan Programs Office under the Biden administration alongside Jigar Shah.

I reached out to Pal for guidance on where he saw state-level policy going around renewables development after the 2026 blue wave election. Simply put, few could’ve provided better guidance. We have no idea what could happen next after an unprecedented election result, but he couldn’t have been more clear-eyed and, as he put it to me, focused on the future. I appreciated our conversation and decided it was worthwhile to provide it to you in full.

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Spotlight

Was This Really the Data Center Election?

Evidence suggests data center concerns probably didn’t actually flip many votes.

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Voting signs and a data center.
Heatmap Illustration/Getty Images, Library of Congress

This week’s midterm elections were undeniably horrible for the data center industry. But a closer look indicates dominant media narratives about the impact of AI infrastructure on voting behavior also deserve more scrutiny.

On election night, candidates who railed against data center sprawl during their campaigns won across the country, including statewide races in red areas. The most striking example was Gina Hinojosa, now governor-elect for the data center-centric state of Texas, who ran on instituting a complete pause on projects across the Lone Star State. So striking was her win, it sent AI and data center stocks into freefall. Cleanview, a clean energy news and data site, said Hinojosa’s pause, if put into effect, could affect up to 88.4 gigawatts of “planned” data center development, depending on how it's implemented.

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Hotspots

The Place Where a Candidate Promising to Do Less on Data Centers Actually Won

And more of the week’s top fights around development.

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The United States.
Heatmap Illustration/Getty Images

1. McCracken County, Kentucky – A rare bright spot for the data center sector quietly occurred in deep red Kentucky in a race defined by what’ll likely be the first project built on federal land.

  • As I previously reported, a large data center project became the primary point of conflict in the race for McCracken County’s judge-executive. The incumbent Republican Craig Clymer had welcomed the project, and faced a challenge from independent George Bray, mayor of the county’s largest city of Paducah. Bray also supported the data center but said his city, which is adjacent to the project, should’ve received more demarcated benefits. Bray called for a community benefit agreement.
  • Turns out voters in McCracken County didn’t care enough about this issue to make a change and wanted to keep Clymer in office. He won handily, netting more than 12,000 votes to Bray’s roughly 7,600. It’s one of the few races across the country that went in favor of the candidate promising to do less when it came to data centers.

2. Pulaski County, Arkansas – After a blue wave election in Little Rock, this county government is on a collision course with data center development.

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