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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.

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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Spotlight

The 5 Fights to Watch in 2026

Spoiler: A lot of them are about data centers.

Data centers and clean energy.
Heatmap Illustration/Getty Images

It’s now clear that 2026 will be big for American energy, but it’s going to be incredibly tense.

Over the past 365 days, we at The Fight have closely monitored numerous conflicts over siting and permitting for renewable energy and battery storage projects. As we’ve done so, the data center boom has come into full view, igniting a tinderbox of resentment over land use, local governance and, well, lots more. The future of the U.S. economy and the energy grid may well ride on the outcomes of the very same city council and board of commissioners meetings I’ve been reporting on every day. It’s a scary yet exciting prospect.

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Hotspots

A Texas Data Center Dispute Turns Tawdry

Plus a resolution for Vineyard Wind and more of the week’s big renewables fights.

The United States.
Heatmap Illustration/Getty Images

1. Hopkins County, Texas – A Dallas-area data center fight pitting developer Vistra against Texas attorney general Ken Paxton has exploded into a full-blown political controversy as the power company now argues the project’s developer had an improper romance with a city official for the host community.

  • For those who weren’t around for the first go, here’s the low-down: The Dallas ex-urb of Sulphur Springs is welcoming a data center project proposed by a relatively new firm, MSB Global. But the land – a former coal plant site – is held by Vistra, which acquired the property in a deal intended for remediating the site. After the city approved the project, Vistra refused to allow construction on the land, so Sulphur Springs sued, and in its bid to win the case, the city received support from Texas attorney general Ken Paxton, whose office then opened an antitrust investigation into the power company’s land holdings.
  • Since we first reported this news, the lawsuit has escalated. Vistra’s attorneys have requested Sulphur Springs’ attorney be removed from the court proceedings because, according to screenshots of lengthy social media posts submitted to the court, the city itself has confirmed that the attorney dated a senior executive for MSB Global as recently as the winter of 2024.
  • In a letter dated December 10, posted online by activists fighting the data center, Vistra’s attorneys now argue the relationship is what led to the data center coming to the city in the first place, and that the attorney cannot argue on behalf of the city because they’ll be a fact witness who may need to provide testimony in the case: “These allegations make awareness of negotiations surrounding the deed and the City’s subsequent conduct post-transaction, including any purported ‘reliance’ on Vistra Parties’ actions and omissions, relevant.”
  • I have not heard back from MSB Global or Sulphur Springs about this case, but if I do, you’ll be hearing about it.

2. La Plata County, Colorado – This county has just voted to extend its moratorium on battery energy storage facilities over fire fears.

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Q&A

Are Renewables Really Benefiting From the Data Center Boom?

A catch-up with kWh Analytics’ Jason Kaminsky.

Jason Kaminsky.
Heatmap Illustration

This week’s conversation is a catch-up chat with Jason Kaminsky of kWh Analytics, an insurance firm that works with renewable energy developers. I reached out to Kaminsky ahead of the new year because as someone with an arms-length distance from development, I find he is able to speak more candidly about market dynamics and macro-level trends – as well as the fears many have in rural communities about energy project failures, like battery fires. Seeing as the theme this week felt like “data centers forever,” I also thought it would be good to get up to speed on what he’s most focused on in that space, too.

The following conversation has been lightly edited for clarity.

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