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Trump’s attack on offshore wind is hurting Virginia. Why aren’t Republican leaders fighting for us?

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On May 5, attorneys general from 17 states and the District of Columbia — not including Virginia, regrettably —  sued the Trump administration over its attacks on the wind industry. The lawsuit challenges an executive order, signed by President Donald J. Trump on his first day in office, stopping all approvals, permits and funding for wind projects across the country and offshore. 

Since the order was signed, the administration hasn’t just blocked new projects, it’s issued a stop-work order for one project under construction in New York and revoked a permit for another. The actions inflict enormous damage on the wind industry and on the economies of states that need the energy and jobs this industry could deliver.

One state that will lose big under Trump’s order is Virginia, which has positioned itself to be a national leader in offshore wind deployment, supply chain and manufacturing. On top of that, Virginia badly needs the electricity from offshore wind to help meet the demand from data centers; it can’t afford to have a major new source of energy strangled in its infancy. Yet Attorney General Jason Miyares did not join the lawsuit.

Sure, Miyares wants to be a good soldier in the Trump putsch. And no doubt he wouldn’t feel at home among all those Democratic AGs (there were no Republicans signing the complaint). But he could at least speak up in his state’s interest. Some well-timed advocacy would go a long way in showing the administration that wind energy is not a partisan matter. 

It doesn’t have to be just our attorney general, either. The silence from Gov. Glen Youngkin has been equally deafening. What are they afraid of? Youngkin can’t run for reelection, and Miyares has already secured his party’s nomination in his bid for reelection this fall.

Any politician who styles himself as pro-business ought to be pushing back on the Trump administration’s interference with contracts, destruction of American jobs and infliction of billions of dollars in damage to a growing domestic industry. Especially when it is happening to their own state, the big risk is in not speaking out.

And let’s face it, attacking wind energy is Trump’s own peculiar hobbyhorse, not his party’s. Though Republican support for wind energy has dropped a bit in recent years, it remains above 50%. Onshore wind is the largest source of electricity in Iowa and South Dakota and a major source in several other Republican strongholds. Wind power is responsible for billions of dollars in economic investment while keeping utility rates low in states that rely on it. 

Offshore wind is more expensive, but states have embraced it for its potential to lower electricity bills over time while relieving grid congestion, creating well-paying jobs and providing clean, zero-carbon power to East Coast cities. Thirteen states have established offshore wind development goals, totaling over 112 gigawatts (GW) by 2050. 

In Virginia, Republican leaders have been among the biggest boosters of offshore wind for more than 15 years. Legislators from both parties supported the creation of the Virginia Offshore Wind Development Authority. With a boost from then-Gov. Bob McDonnell, the Virginia Department of Energy partnered with Dominion Energy on a research project that produced the nation’s first offshore wind turbines in federal waters. Republican support also paved the way for Dominion’s development of the 2.6 GW Coastal Virginia Offshore Wind (CVOW) project, now more than halfway to completion and expected to begin delivering electricity next year. 

Nor is CVOW a one-off; the Virginia Clean Economy Act declares twice as much offshore wind power to be “in the public interest.” At the offshore wind International Partnering Forum held in Virginia Beach last month, Dominion displayed a poster of the projects it has in the works. These include a project off Kitty Hawk, North Carolina, which Dominion acquired last October, as well as a huge lease area east of CVOW, which Dominion secured in a lease auction from the federal government last August. All told, Dominion’s projects could deliver a total of 9 GW of clean, renewable power. 

A poster displaying Dominion Energy’s planned offshore wind projects.

As important as the energy itself is, Virginia leaders believe offshore wind can be a driver of economic development and job creation for the Hampton Roads area. The Virginia Economic Development Partnership touts Virginia’s strategic location, strong maritime industry and ready workforce as draws for businesses up and down the offshore wind supply chain.

Some businesses have already set up shop in Virginia to serve the industry. These include most recently a Korean subsea cable manufacturer that is investing almost $700 million for a facility in Chesapeake. Gov. Glen Youngkin was on hand for the groundbreaking last month, calling it “a proud moment for Virginia.” Attracting the company was only possible because of Virginia’s commitment to the wind industry – as well as the availability of federal tax credits that Trump also intends to eliminate. 

CVOW will likely survive Trump’s attacks (albeit at a higher cost due to his tariffs), but Virginia’s ability to develop an offshore wind workforce and supply chain are very much at risk. The Trump administration’s war on wind power already threatens developers with losses in the billions of dollars. With permitting at a halt, companies are headed for the exits instead of creating the project pipeline necessary for offshore wind to become the powerhouse industry that it is in Europe and Asia.

Trump may have planned his economic sabotage to hurt northeastern states with Democratic governors, but the collateral damage to Virginia is considerable. As it is, our economy has taken a hit from Trump’s mass firings of federal workers, thousands of whom live here. We can’t afford to lose four years of offshore wind progress for no better reason than that Trump wills it. 

Silence is not an acceptable response. Miyares and Youngkin must speak up for Virginia.

Originally published in the Virginia Mercury on May 19, 2025.

Update: On May 20 we learned Trump’s Department of the Interior rescinded its order to shut down the $5 billion Empire Wind project in New York, reportedly after Gov. Kathy Hochul agreed to reverse a decision five years ago denying a permit to a natural gas pipeline. This is being billed as a “compromise,” which is apparently what extortion is called when the Trump administration does it.

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Remember when ethics in government mattered?

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Protesters in front of a Tesla building.
People line up in front of a Tesla Service Center to protest Elon Musk. Rockville, Maryland. Photo by G. Edward Johnson via Wikimedia

It was only a decade ago that a governor of Virginia, Bob McDonnell, was embroiled in a corruption scandal resulting from his acceptance of $177,000 in gifts and loans from a businessman in exchange for promoting the company’s diet supplement. The quid pro quo struck many people at the time as more tacky than corrupt; and indeed, the U.S. Supreme Court eventually overturned his conviction on the grounds that using the governor’s mansion as a promotion venue wasn’t a sufficiently “official” act. 

These days, the kerfuffle raised by the exposure of McDonnell’s little side hustle feels almost quaint. It also feels like foreshadowing, anticipating President Donald Trump’s use of the White House lawn as a Tesla showroom to thank Elon Musk for his hard work in destroying American government. 

In the present-day version, though, it does not appear the carmaker’s $290 million in election spending played a role beyond instilling a warm fuzzy feeling in the bosom of the president. So while ordinary people may be appalled, and Democratic leaders like Rep. Gerry Connolly of Virginia are demanding an investigation, it’s hard to see the Supreme Court batting an eye. Is it so different from Justice Clarence Thomas accepting a luxury RV from a wealthy businessman?

Trading favors among the rich and powerful seems to be how it works in Trump’s America. Anyone who isn’t using his public position for his own gain is a chump. And while the laws prohibiting corruption are still on the books, Trump has ensured there are no federal prosecutors left with the independence to go after his allies. 

Besides which, in the unlikely event your cupidity actually gets you convicted of a crime, the president has a history going back to his first term of handing out pardons to MAGA loyalists regardless of their crimes. Sufficiently demonstrating fealty to the president may be enough to secure your place in his No Grifter Left Behind program. Frankly, the judge who sentences you has more to fear from the president than you do.  

By design, Trump’s attacks on American government, civil society and the world order have been so various and extreme as to leave opponents breathless. The resistance looks like a team of firefighters trying to deal with a large and very determined pack of juvenile arsonists. 

Yet, of all the fires now burning, Trump’s attacks on the rule of law might pose the single greatest threat to the country’s stability and prosperity. Trump’s firing of government watchdogs, blacklisting a law firm that represented his enemies, and defying judges who rule against him are unprecedented in modern U.S. history. Our economy as well as our democracy was built on a system of checks and balances that made corruption the newsworthy exception rather than the dismal norm.

This was brought home to me in a conversation I had recently with a rancher in, of all places, Patagonia, at the far tip of South America. (When the going gets tough, the not-very-tough go hiking.) The owner of an 8,000-acre estancia turned out to have been involved in Chilean politics for 30 years, representing his region in the Chilean Congress. He didn’t know much about what was going on in the U.S., he admitted, but he felt encouraged by the news that Trump was cutting waste and fraud. 

Okay, yes, I guffawed, but I was also struck that, with all the turmoil and crises going on in Washington, the only thing that survived a distance of 6,000 miles was Trump’s spin on his actions. Still, you hardly need to go to Chile to find people who accept Trump’s through-the-looking-glass framing of his dismantling of government institutions. 

A pro-Trump family member, as big-hearted a guy as you will ever meet, told me he was sad that people in developing countries would go without food and medicine as a result of Trump shutting down foreign aid, but it had to be done “because of all the fraud.” Virginia Gov. Glenn Youngkin is also an ardent supporter of Trump’s ever-expanding trims, last week defending the slashing of thousands of federal workers’ jobs as “dislocation” necessary to “gain efficiencies and reduce costs in the federal government.”

That’s the power of language. What Trump calls fraud and corruption turns out to be grants for things he doesn’t like, but his choice of words makes it seem he is fighting for the kind of honest government he is actually working to undermine. 

It’s not wrong for people to worry about corruption, though, whether it is the imaginary kind Trump invokes or the real kind we will face when no watchdogs are left to hold his appointees accountable. Whether conservative or socialist, corruption in government leads to a siphoning off of public dollars, the erosion of social cohesion and trust, economic distortion and lower levels of investment in education and health care. Sure, some businesses are going to prosper when they can evade laws with just a well-placed application of palm grease, but economists find that overall, official corruption is a drag on a country’s economic performance. Not to mention, most of us see it as fundamentally unAmerican.  

But has Trump actually launched the U.S. on a slippery slide down the corruption index? I talked over my concerns with a fellow Mercury contributor, Michael O’Grady. O’Grady is a research economist and Ph.D. candidate at Virginia Commonwealth University who studies public policy and administration, and he thinks the situation is even worse than I suggest. 

Like many scholars, he feels the face-off between Trump and the courts has brought the U.S. to what he calls “the biggest inflection point since at least U.S. v. Nixon, and maybe since Marbury v. Madison in 1803.”  And, he points out, if Musk’s Department of Government Efficiency was really uncovering fraud in government contracts, we should have seen cases being referred to the Department of Justice for prosecution. 

Meanwhile, he says, the firing of government watchdogs and the politicization of the federal government will have real consequences on people’s lives, affecting everything from housing costs to the stock market. When government oversight lapses, corporations tend to engage in market manipulation and tax evasion. To take one example, last summer the DOJ sued a company called RealPage for allowing competing landlords to collude in setting apartment rents. We aren’t likely to see that kind of action from the Trump administration.

O’Grady doesn’t see how this can end well, and neither do I. I’d like to think that in the U.S., our fifty state governments could provide some kind of pushback against malfeasance at the federal level. But I’m aware that’s delusional. For one thing, my own experience is that federal bureaucrats are saints compared to state and local officials, who have much more motivation to swap favors with people and businesses in their communities. And for another, Republican fealty to Trump is so strong that it’s hard to imagine a state attorney general from his own party taking action even if state laws were implicated. Recall that it wasn’t a state prosecutor who indicted Bob McDonnell; it was the U.S. Department of Justice. 

I’d have much less concern over Democrats rallying around a party leader if roles were reversed. Loyalty is a conservative value, not a liberal one. Recall how Democratic governor Ralph Northam was called on to resign by members of his own party over a blackface incident. Democrats eat their own.

For now, at least, one bulwark against Trumpism remains: an independent, non-partisan press committed to reporting the facts and holding government officials accountable. There has never been as great a need for unbiased journalism as there is today, or more need for ordinary Americans to support it. 

O’Grady reminded me of the (probably apocryphal) story of Benjamin Franklin describing the young United States as “a republic, if you can keep it.” Whether we keep it now depends on us.

This article was published in the Virginia Mercury on March 25, 2025.

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Facing data center sprawl and an energy crisis, Virginia legislators leap into action. Nah, just kidding.

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This was supposed to be the year the General Assembly did something about data centers. Two years ago, it crushed the first tentative efforts to regulate construction, choosing instead to goose the pace. Last year it again killed all attempts at regulation, punting in favor of a study by the Joint Legislative Audit and Review Commission (JLARC). 

JLARC’s report was released in December to a soundtrack of alarm bells ringing. Unconstrained data center growth is projected to triple electricity demand in Virginia over just the next 15 years, outstripping the state’s ability to build new generation and driving up utility bills for everyone. On top of the energy problem, the industry’s growth is taxing water supplies and spawning billions of dollars’ worth of transmission infrastructure projects needed to serve the industry.

Yet the most popular strategy for addressing the biggest energy crisis ever to face Virginia is to continue the status quo – that is to say, to keep the data center sprawl sprawling. Of the two dozen or so bills introduced this year that would put restrictions on growth, manage its consequences, or impose transparency requirements, barely a handful have survived to the session’s halfway point this week. 

The surviving initiatives address important aspects of local siting, ratepayer protection and energy, though they will face efforts to further weaken them in the second half of the session. Even if the strongest bills pass, though, they will not rein in the industry, provide comprehensive oversight or address serious resource adequacy problems. 

HB1601 from Del. Josh Thomas, D-Gainesville, is the most meaningful bill to address the siting of data centers. It requires site assessments for facilities over 100 MW to examine the sound profile of facilities near residential communities and schools. It also allows localities to require site assessments to examine effects on water and agricultural resources, parks, historic sites or forests. In addition, before approving a rezoning, special exception or special use permit, the locality must require the utility that is serving the facility to describe any new electric generating units, substations and transmission voltage that will be required. Existing sites that are seeking to expand by less than 100 MW are excluded. HB1601 passed the House 57-40, with several Republicans joining all Democrats in favor. 

SB1449 from Sen. Adam Ebbin, D-Alexandria, is similar to HB1601 but does not include the language on electricity and transmission lines. SB1449 passed the Senate 33-6. 

Typically, when the House and the Senate each pass similar but different bills, they each try to make the other chamber’s bill look like theirs, then work out the differences in a conference committee. If that happens here, the House will amend SB1449 to conform it to HB1601 before passing it. The Senate might amend the House bill to match its own. In this case, however, Ebbin’s bill never had the language on electricity and transmission. It’s possible the Senate will recognize that HB1601 is better and pass it as is rather than watering it down to match SB1449; otherwise, the bills will have to go to conference.

Only two ratepayer protection bills passed.  SB960 from Sen. Russet Perry, D-Leesburg, is the better of the two. It requires the SCC to determine if non-data center customers are subsidizing data centers or incurring costs for new infrastructure that is needed only because of data center demand; if so, the SCC is to take steps to eliminate or minimize the cross-subsidy. The bill incorporates a similar measure from Sen. Richard Stuart, R-Westmoreland. It passed the Senate by a healthy 26-13, but leaves the question of why those 13 Republicans voted against a bill designed to protect residential customers from higher rates. 

Over in the House, HB2084 from Del. Irene Shin, D-Herndon, started out similar to Perry’s bill but was weakened in committee to the point that its usefulness is questionable. It now merely requires the SCC to use its existing authority during a regular proceeding sometime in the next couple of years to determine whether Dominion and Appalachian Power are using reasonable customer classifications in setting rates, and if not, whether new classifications are reasonable. It passed the House 61-35. Hopefully the House will see the wisdom of adopting SB960 as the better bill, but again, these could end up going to conference.

The only data center legislation related to energy use to have made it this far is SB1047 from Sen. Danica Roem, D-Manassas. It requires utilities to implement demand-response programs for customers with a power demand of more than 25 MW, which could help relieve grid constraints. It passed the Senate 21-17.

The data center industry and its labor allies were successful in killing all other data center initiatives, including the only bills that dealt with the energy issues head-on. This included legislation that basically called on the industry to live up to its sustainability claims. SB1196, Sen. Creigh Deeds, D-Charlottesville and HB2578, Del. Rip Sullivan, D-Fairfax, would have conditioned state tax subsidies on data centers meeting conditions for energy efficiency, zero-carbon energy and cleaner back-up generators. Sullivan’s bill also set up pathways for data center developers to meet the energy requirements and work towards cleaner operations.

None of this mattered. Republicans were united in their determination not to put anything in the way of continued data center sprawl, and they were joined by a number of Democrats who were persuaded that requiring corporations to act responsibly threatens construction jobs. HB2578 died in subcommittee, with Democrats Charniele Herring and Alfonso Lopez joining Republicans in voting to table the bill. SB1196 was never even granted a committee hearing. 

Yet the idea of adding conditions to the tax subsidies is not dead. Senator Deeds put in a budget amendment to secure the efficiency requirements that had been in his bill. His amendment takes on a House budget amendment requested by Delegate Terry Kilgore, R-Gate City, that extends the tax subsidies out to 2050 from their current sunset date of 2035, with no new conditions whatsoever. 

It seems like a reasonable ask for the tech industry to meet some efficiency requirements in exchange for billions of dollars in subsidies and the raiding of Virginia’s water and energy supplies. Indeed, the industry could have had it worse. Senator Stuart had introduced a bill to end the tax subsidies Virginia provides to data centers altogether. Alas, like several other more ambitious bills intended to bring accountability to the data center industry, it failed to even get a hearing in committee.  

Now, maybe Virginia will get lucky – or unlucky, depending on how you look at it – and the data center boom will go bust. The flurry of excitement around China’s bid to provide artificial intelligence at a fraction of the cost of American tech joins other news items about efficiency breakthroughs that could mean the tech industry needs far fewer data centers, using far less energy and water. That would be good for the planet, not to mention Virginia ratepayers, but it would leave a lot of empty buildings, upend local budgets, and strand potentially billions of dollars in new generation and transmission infrastructure. A little preparation and contingency planning would seem to have been the wiser course.  

Failed bills.

Most bills to regulate data centers never made it out of committee, but the problems of data center sprawl and resource consumption will only increase in coming years. In addition to the energy legislation from Senator Deeds and Delegate Sullivan, here are other bills we may see come back again in another form. 

SB1448 from Sen. Richard Stuart, R-Westmoreland, would have required any new resource-intensive facility (defined as drawing more than 100 MW or requiring more than 500,000 gallons of water per day) to get a permit from the Department of Environmental Quality. DEQ is to permit the facility only “upon a finding that such facility will have no material adverse impact on the public health or environment.” The impacts are broadly defined and include transmission lines and cumulative impacts from multiple facilities in the same area. The bill reported from Senate Agriculture, Conservation and Natural Resources but was then sent to Finance and Appropriations, never to be heard from again. 

A bill from Del. Thomas would have required localities to change their zoning ordinances to designate data centers as industrial uses and to consider changes in how they evaluate data center siting, especially around noise impacts. HB2026 was tabled unanimously in subcommittee. 

HB2712 from Del. Ian Lovejoy, D-Manassas, would have authorized a locality that is weighing a permit application for a data center to consider factors like water use, noise and power usage, and to require the applicant to provide studies and other information. It lost on a bipartisan subcommittee vote. 

Lovejoy’s HB1984 would have required data centers to be located at least one-quarter mile from parks, schools and residential neighborhoods. It was killed on an 8-0 subcommittee vote. 

A third Lovejoy bill, HB2684, would have required Dominion to file a plan with the SCC every two years to address the risk that infrastructure built to serve data centers might become stranded assets that other customers would be left paying for. It was never docketed. 

A bill that did not mention data centers but originated with local fights over the siting of transmission lines needed to serve them was Roem’s SB1049. It would have prohibited new overhead transmission lines unless the SCC determined that putting them underground was not in the public interest. It lost in a 4-11 vote in committee.  

This article (minus the section on failed bills) was published in the Virginia Mercury on February 10, 2025.