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How can we make better use of the areas environmental destruction has left behind?
There are some things money can’t buy, and it seems a clean power grid is one of them. Despite authorizing billions of dollars to subsidize renewable energy development through the Inflation Reduction Act and the Bipartisan Infrastructure Law, the Biden administration remains off track to reach its target of 100% clean electricity by 2035. Even after a banner year in which domestic investment hit $303 billion and the US added 32.3 gigawatts of new clean electricity capacity, the country is still building renewable energy at only half the rate that is needed.
Among the barriers holding up clean energy deployment, local opposition looms large. As developers seek out new sites on which to build wind and solar, they are repeatedly finding themselves at odds with neighbors who object to their projects on aesthetic, economic, or political grounds. Whether through formal laws or protracted permitting processes, these objections have begun to have a noticeable effect on the pace of renewable energy adoption. In a recent survey by the Lawrence Berkeley National Laboratory, wind and solar developers reported seeing roughly a third of their siting applications canceled over the five years prior, with two of the most common reasons being “community opposition” and “local ordinances or zoning.”
But what if the solution to this impasse has been hiding in plain sight — or more accurately, behind a chain link fence?
The U.S. has around 270 million acres of so-called “marginal land,” a designation that includes retired mines, closed landfills, former industrial facilities, brownfield sites, and depleted or unproductive farmland. That’s around twice the land area that would be required for a renewables-and-nuclear-only power grid, the most land-intensive net-zero scenario modeled by the National Renewable Energy Laboratory. These neglected properties are more than just an eyesore for neighbors — they also represent wasted prospects for economic development, and in many cases pose a contamination risk to the local environment. To law professors Alexandra Klass and Hannah Wiseman, however, they are an opportunity in disguise.
In their new paper, forthcoming in the Minnesota Law Review, Klass and Wiseman (of the University of Michigan and Penn State, respectively) propose directing the bulk of new clean energy development to these marginal lands. It’s a concept they call “repurposed energy,” and it offers a way to, in one fell swoop, avert local objections, reclaim unproductive land, and create new opportunities for economically dislocated communities.
It’s not a new concept — since 2008, the Environmental Protection Agency’s RE-Powering America’s Land Initiative has offered funding to developers looking to build renewable energy on potentially contaminated land.
What the new paper proposes, however, is a greater convergence of public benefits on this specific subset of projects, which Klass views as a down payment on societal acceptance. “If you can come up with a project that’s going to have community support, that means you can actually build it,” she told me. “And that’s worth paying a little extra money up front.”
Consider some of the most common objections to renewable energy siting: that it ruins the view, disrupts habitats, or occupies valuable farmland. Each would seem to carry less weight when applied to, say, an abandoned mine instead of a pristine coastline. Throw in low purchase prices, pre-existing transmission lines at retired coal or gas power plants, and the chance to direct jobs and revenue to low-income communities (where contaminated properties are disproportionately located), and you’ve got, in theory, an attractive site for a solar or wind farm.
In spite of these upsides, practical examples of repurposed energy remain few and far between. Only 0.7% of the renewable energy capacity installed in the United States since 1997 has been on reclaimed land, according to EPA data. That’s because, faced with the possibility of extravagant cleanup costs and liability for prior contamination, most developers prefer to take their chances with a greenfield.
Klass and Wiseman propose a set of policy changes that could, they hope, spur a renewable energy renaissance on marginal lands. First, there are some existing incentives for repurposed energy they propose expanding. Certain state funding programs – like Massachusetts’ SMART Program – and streamlined permitting processes – like New York’s Build-Ready Program – could offer a template for other states seeking to accelerate redevelopment of their own brownfields. Layering more such benefits on top of federal funding opportunities like the IRA’s Energy Infrastructure and Reinvestment Program, they contend, could help stimulate broader interest from developers.
Second, they offer a set of new, more ambitious reforms to entice clean energy companies onto marginal lands. Among them:
Klass sees the paper as a timely contribution at a critical juncture for the renewable energy industry. “We’re at an important moment in time where there’s a lot of federal funding available,” she told me. “But we are not on track to build the amount of clean energy we need to meet our targets.” By focusing support on repurposed energy, she thinks policymakers may be able to erode some of the sociopolitical barriers holding back the industry.
There is evidence to support this belief. A 2021 study found that objections to wind farms tended to fade when the infrastructure was sited in areas with fewer lakes, hills, or other features of aesthetic or recreational value, suggesting that plants sited on already-disturbed land might indeed arouse less opposition. “You start with these types of projects that we hope will engender less community opposition and provide more community benefits,” Klass said. “Maybe you scale it up later, maybe you don’t. But it allows a pathway through some of this local opposition.”
It’s a view that resonates in the industry, although that doesn’t make this kind of development easy. Jonathan Mancini is the senior vice president of solar project development at Ameresco, which has built solar on around 20 landfills across the United States. He told me that sites with soil contamination are capped with an impermeable barrier to prevent the hazardous material from spreading, and building a solar farm on top requires using bespoke racking systems that won’t penetrate that cap. On top of that, would-be developers have to employ third-party engineers to monitor the cap’s integrity and undergo additional reviews by state regulators to ensure that the weight of the solar system will not damage it. “Currently, the permitting timeline for such projects takes up to three years to complete,” he told me.
Dedicated state support in places like Massachusetts, Illinois, and Maryland has helped Ameresco alleviate some of the costs. “Utility programs or state administered programs do incentivize the use of these types of projects,” Mancini said. But he noted that more support would be helpful to overcome the barriers repurposed energy projects face. “Additional policy measures at the local and/or state level would make these projects move faster through permitting and approval.”
Michael Gerrard, the founder of Columbia University’s Sabin Center for Climate Change Law and one of the country’s foremost environmental lawyers, thinks the idea could accelerate clean energy deployment. “Local opposition is one of the most important impediments [to renewable energy],” he pointed out to me. By undercutting aesthetic and land use concerns, repurposed energy could “have a very positive impact finding ways to reduce that,” he said.
Gerrard also noted, however, that local opposition is not the only barrier to renewable energy development. In addition to more stringent permitting requirements, “transmission, interest rates, supply chains, local content restrictions, workforce shortages — all of those are impediments,” he said. Repurposed energy is no magic bullet, he added, but it doesn’t have to be. “We need a lot of magic buckshot,” he said, “and this article proposes quite a few pellets.”
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From Kansas to Brooklyn, the fire is turning battery skeptics into outright opponents.
The symbol of the American battery backlash can be found in the tiny town of Halstead, Kansas.
Angry residents protesting a large storage project proposed by Boston developer Concurrent LLC have begun brandishing flashy yard signs picturing the Moss Landing battery plant blaze, all while freaking out local officials with their intensity. The modern storage project bears little if any resemblance to the Moss Landing facility, which uses older technology,, but that hasn’t calmed down anxious locals or stopped news stations from replaying footage of the blaze in their coverage of the conflict.
The city of Halstead, under pressure from these locals, is now developing a battery storage zoning ordinance – and explicitly saying this will not mean a project “has been formally approved or can be built in the city.” The backlash is now so intense that Halstead’s mayor Dennis Travis has taken to fighting back against criticism on Facebook, writing in a series of posts about individuals in his community “trying to rule by MOB mentality, pushing out false information and intimidating” volunteers working for the city. “I’m exercising MY First Amendment Right and well, if you don’t like it you can kiss my grits,” he wrote. Other posts shared information on the financial benefits of building battery storage and facts to dispel worries about battery fires. “You might want to close your eyes and wish this technology away but that is not going to happen,” another post declared. “Isn’t it better to be able to regulate it in our community?”
What’s happening in Halstead is a sign of a slow-spreading public relations wildfire that’s nudging communities that were already skeptical of battery storage over the edge into outright opposition. We’re not seeing any evidence that communities are transforming from supportive to hostile – but we are seeing new areas that were predisposed to dislike battery storage grow more aggressive and aghast at the idea of new projects.
Heatmap Pro data actually tells the story quite neatly: Halstead is located in Harvey County, a high risk area for developers that already has a restrictive ordinance banning all large-scale solar and wind development. There’s nothing about battery storage on the books yet, but our own opinion poll modeling shows that individuals in this county are more likely to oppose battery storage than renewable energy.
We’re seeing this phenomenon play out elsewhere as well. Take Fannin County, Texas, where residents have begun brandishing the example of Moss Landing to rail against an Engie battery storage project, and our modeling similarly shows an intense hostility to battery projects. The same can be said about Brooklyn, New York, where anti-battery concerns are far higher in our polling forecasts – and opposition to battery storage on the ground is gaining steam.
And more on the week’s conflicts around renewable energy.
1. Carbon County, Wyoming – I have learned that the Bureau of Land Management is close to approving the environmental review for a transmission line that would connect to BluEarth Renewables’ Lucky Star wind project.
2. Nantucket County, Massachusetts – Anti-offshore wind advocates are pushing the Trump administration to rescind air permits issued to Avangrid for New England Wind 1 and 2, the same approval that was ripped away from Atlantic Shores offshore wind farm last Friday.
3. Campbell County, Virginia – The HEP Solar utility-scale project in rural Virginia is being accused of creating a damaging amount of runoff, turning a nearby lake into a “mud pit.” (To see the story making the rounds on anti-renewables social media, watch this TV news segment.)
4. Marrow County, Ohio – A solar farm in Ohio got approvals for once! Congratulations to ESA Solar on this rare 23-acre conquest.
5. Madison County, Indiana – The Indiana Supreme Court has rejected an effort by Invenergy to void a restrictive county ordinance.
6. Davidson County, North Carolina – A fraught conflict is playing out over a Cypress Creek Renewables solar project in the town of Denton, which passed a solar moratorium that contradicts approval for the project issued by county officials in 2022.
7. Knox County, Nebraska – A federal judge has dismissed key aspects of a legal challenge North Fork Wind, a subsidiary of National Grid Renewables, filed against the county for enacting a restrictive wind ordinance that hinders development of their project.
8. Livingston Parish, Louisiana – This parish is extending a moratorium on new solar farm approvals for at least another year, claiming such action is necessary to comply with a request from the state.
9. Jefferson County, Texas – The city council in the heavily industrial city of Port Arthur, Texas, has approved a lease for constructing wind turbines in a lake.
10. Linn County, Oregon – What is supposed to be this county’s first large-scale solar farm is starting to face pushback over impacts to a wetlands area.Today’s sit-down is with Nikhil Kumar, a program director at GridLab and an expert in battery storage safety and regulation. Kumar’s folks reached out to me after learning I was writing about Moss Landing and wanted to give his honest and open perspective on how the disaster is impacting the future of storage development in the U.S. Let’s dive in!
The following is an abridged and edited version of our conversation.
So okay – walk me through your perspective on what happened with Moss Landing.
When this incident occurred, I’d already been to Moss Landing plenty of times. It caught me by surprise in the sense that it had reoccurred – the site had issues in the past.
A bit of context about my background – I joined GridLab relatively recently, but before that I spent 20 years in this industry, often working on the integrity and quality assurance of energy assets, anything from a natural gas power plant to nuclear to battery to a solar plant. I’m very familiar with safety regulation and standards for the energy industry, writ large.
Help me understand how things have improved since Moss Landing. Why is this facility considered by some to be an exception to the rule?
It’s definitely an outlier. Batteries are very modular by nature, you don’t need a lot of overall facility to put battery storage on the ground. From a construction standpoint, a wind or solar farm or even a gas plant is more complex to put together. But battery storage, that simplicity is a good thing.
That’s not the case with Moss Landing. If you look at the overall design of these sites, having battery packs in a building with a big hall is rare.
Pretty much every battery that’s been installed in the last two or three years, industry has already known about this [risk]. When the first [battery] fire occurred, they basically containerized everything – you want to containerize everything so you don’t have these thermal runaway events, where the entire battery batch catches fire. If you look at the record, in the last two or three years, I do not believe a single such design was implemented by anybody. People have learned from that experience already.
Are we seeing industry have to reckon with this anyway? I can’t help but wonder if you’ve witnessed these community fears. It does seem like when a fire happens, it creates problems for developers in other parts of the country. Are developers reckoning with a conflation from this event itself?
I think so. Developers that we’ve talked to are very well aware of reputational risk. They do not want people to have general concern with this technology because, if you look at how much battery is waiting to be connected to the grid, that’s pretty much it. There’s 12 times more capacity of batteries waiting to be connected to the grid than gas. That’s 12X.
We should wait for the city and I would really expect [Vistra] to release the root cause investigation of this fire. Experts have raised a number of these potential root causes. But we don’t know – was it the fire suppression system that failed? Was it something with the batteries?
We don’t know. I would hope that the details come out in a transparent way, so industry can make those changes, in terms of designs.
Is there anything in terms of national regulation governing this sector’s performance standards and safety standards, and do you think something like that should exist?
It should exist and it is happening. The NFPA [National Fire Prevention Association] is putting stuff out there. There might be some leaders in the way California’s introduced some new regulation to make sure there’s better documentation, safety preparedness.
There should be better regulation. There should be better rules. I don’t think developers are even against that.
OK, so NFPA. But what about the Trump administration? Should they get involved here?
I don’t think so. The OSHA standards apply to people who work on site — the regulatory frameworks are already there. I don’t think they need some special safety standard that’s new that applies to all these sites. The ingredients are already there.
It’s like coal power plants. There’s regulation on greenhouse gas emissions, but not all aspects of coal plants. I’m not sure if the Trump administration needs to get involved.
It sounds like you're saying the existing regulations are suitable in your view and what’s needed is for states and industry to step up?
I would think so. Just to give you an example, from an interconnection standpoint, there’s IEEE standards. From the battery level, there are UL standards. From the battery management system that also manages a lot of the ins and outs of how the battery operates —- a lot of those already have standards. To get insurance on a large battery site, they have to meet a lot of these guidelines already — nobody would insure a site otherwise. There’s a lot of financial risk. You don’t want batteries exploding because you didn’t meet any of these hundreds of guidelines that already exist and in many cases standards that exist.
So, I don’t know if something at the federal level changes anything.
My last question is, if you were giving advice to a developer, what would you say to them about making communities best aware of these tech advancements?
Before that, I am really hoping Vistra and all the agencies involved [with Moss Landing] have a transparent and accountable process of revealing what actually happened at this site. I think that’s really important.