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Renewable energy’s biggest political liability? It may be the whales and tortoises, according to Heatmap polling.
Conflicts over the environmental impacts of energy transition technologies — some rooted in fact, others founded more in fear — have played out in myriad ways across America over the past few years, from residents of beach towns protesting against offshore wind in the name of whale safety to farm communities opposing solar and onshore wind over impacts to livestock and birds. While some of these fights have been seeded by anti-renewable interest groups, these outside actors have fertile soil to work with. Exclusive Heatmap polling conducted in April found the top concern both Democrats and Republicans have with renewable energy projects in their areas is the harm those facilities could inflict on wildlife.
Notably, almost half of all Democrats said consequences for wildlife from projects would elicit “strong concern” from them. Other big concerns for Republicans such as reliability during extreme weather and land use factors received nowhere near the same level of Democratic agreement.
It’s hard to say whether this is because people are really concerned about animals and species protection generally or because there’s a concerted public relations effort (funded in no small part by fossil fuel companies) to focus on the negative environmental effects of solar farms and wind turbines. But nevertheless, this polling result — which is being reported today for the first time — underscores a real vulnerability that energy projects labeled “clean” can face when a would-be host community is faced with information indicating they may produce pollution or harm to the environment.
It also helps explain a recent statewide poll of New Jersey residents conducted by researchers at Stockton University that found a sharp increase in the percentage of respondents opposed to offshore wind following a very public campaign to tie new offshore project development to a spate of whale deaths.
“These conflicts are real, I’m not going to say they aren’t. That’s why I say there are appropriate places to site and inappropriate places to site,” Matt Kirby, senior director of energy and landscape conservation for the National Parks Conservation Association, told me. “I hope that industry understands that it needs to have social license to operate, and it will only be able to get that if they’re a good player.”
How this played out in New Jersey should be cause for concern to anyone trying to deploy more renewable energy.
In 2019, researchers at Stockton, a public university in the state, found broad bipartisan support for offshore wind development. Then came at least a dozen dead whales that washed onto the Atlantic coastline, an incident that lacks a known cause to this day … but also spurred a non-stop anti-offshore wind campaign driven by politicians and political media figures, including those with ties to fossil fuel-funded opposition groups.
There’s been no evidence to date that the offshore wind build-out off the Atlantic coast has harmed a single whale. But studies have shown that activities related to offshore wind could harm a whale, which appears to be enough to override the benefits for some people. When Stockton pollsters checked again in September 2023 to measure support for offshore wind, they found it had plummeted. More state residents supported wind farms than opposed them, still. But support had dropped 30%, to roughly half of all participants backing the projects. Only a third of those living on the coasts were for constructing new offshore wind.
Alyssa Maurice, one of the researchers involved in the recent poll, told me there’s multiple ways to read this data, including that it may have been driven by partisanship. The whale campaign had a lot of play on Fox News (and still does today). But there’s a very real chance the campaign to tie the whale deaths and other potential environmental harms to offshore wind worked: Nearly 44% of respondents said they believed offshore wind would impact marine life “a great deal,” a figure that rose to 62% when it came to people on the coast.
“There’s now this gap between shore communities and the state that wasn’t there before,” Maurice said. “[It’s] a really stark geographic divide.”
Climate change is a major risk to wildlife habitat and imperiled species across the world — that much is plain as day. There’s a reason the survival of certain mammals, fish and fauna often described as “keystone species” are seen as bellwethers for planetary warming. When they go extinct from climate impacts to river temperatures or food availability, it portends harms that may befall other species too — including, maybe, humans.
But an unfortunate truth is that major industrial projects — even ones aimed at decarbonizing the global economy — will always impact the local environment. To build large-scale solar farms or lithium mines or sprawling CO2 pipelines, we may need to disrupt a substantial number of endangered species and their habitat, not to mention the livelihoods of countless people who make their livelihoods off the land, air, and sea, or who enjoy outdoor recreation and hunting.
These conflicts are the reason I gave a talk at the Society of Environmental Journalists’ conference this year explaining why I do not use the term “clean energy” without quotation marks — not for the derisive reasons climate deniers put scarequotes around the term, but in pursuit of accuracy and out of respect for the populations most impacted by new projects. Before I joined Heatmap, I spent years writing about mining for battery metals, and I heard countless complaints from individuals in frontline communities and human rights groups about how there’s nothing “clean” about a car made with cobalt mined by a child or lithium chemicals that sapped an aquifer dry.
That’s not to say focusing on the “clean” part of decarbonization is a bad thing — it’s just not what brings people together, according to the Heatmap poll. In fact, we found the most bipartisan agreement for supporting “clean” energy projects in two areas: job creation and reducing the nation’s dependence on foreign sources for oil and gas.
Reducing local air and water pollution? There was a 52 percentage point difference in support between Democrats and Republicans, with only a third of GOP respondents identifying it as a major driver of support. Combating climate change? That gulf widens to 66 percentage points, with only 16% GOP support.
Whether those who favor overlooking wildlife concerns in favor of deployment like it or not, these findings undergird an argument being made by the ecologically-focused segments of the climate advocacy world that planning through the transition can have a political upside.
Patrick Bigger, a senior researcher at the left-aligned Climate and Community Project, said he wasn’t surprised by Heatmap’s findings.
“Talking about conservation polls really well and talking about climate change polls really poorly” with some communities, Bigger said. “I think there’s this implicit sense by folks who care about climate action that clean and green are permanently symbiotically coded as good, and it’s very hard to break that habit until you’re confronted with the polling that this doesn’t actually play well with the communities you’re trying to reach.”
The Heatmap poll of 2,094 American adults was conducted by Embold Research via online responses from April 5 to 11, 2024. The survey included interviews with Americans in all 50 states and Washington, D.C. The margin of sampling error is plus or minus 2.3 percentage points.
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A conversation with Scott Cockerham of Latham and Watkins.
This week’s conversation is with Scott Cockerham, a partner with the law firm Latham and Watkins whose expertise I sought to help me best understand the Treasury Department’s recent guidance on the federal solar and wind tax credits. We focused on something you’ve probably been thinking about a lot: how to qualify for the “start construction” part of the new tax regime, which is the primary hurdle for anyone still in the thicket of a fight with local opposition.
The following is our chat lightly edited for clarity. Enjoy.
So can you explain what we’re looking at here with the guidance and its approach to what it considers the beginning of construction?
One of the reasons for the guidance was a distinction in the final version of the bill that treated wind and solar differently for purposes of tax credit phase-outs. They landed on those types of assets being placed in service by the end of 2027, or construction having to begin within 12 months of enactment – by July 4th, 2026. But as part of the final package, the Trump administration promised the House Freedom Caucus members they would tighten up what it means to ‘start construction’ for solar and wind assets in particular.
In terms of changes, probably the biggest difference is that for projects over 1.5 megawatts of output, you can no longer use a “5% safe harbor” to qualify projects. The 5% safe harbor was a construct in prior start of construction guidance saying you could begin construction by incurring 5% of your project cost. That will no longer be available for larger projects. Residential projects and other smaller solar projects will still have that available to them. But that is probably the biggest change.
The other avenue to start construction is called the “physical work test,” which requires the commencement of physical work of a significant nature. The work can either be performed on-site or it can be performed off-site by a vendor. The new guidance largely parrotted those rules from prior guidance and in many cases transferred the concepts word-for-word. So on the physical work side, not much changed.
Significantly, there’s another aspect of these rules that say you have to continue work once you start. It’s like asking if you really ran a race if you didn’t keep going to the finish line. Helpfully, the new guidance retains an old rule saying that you’re assumed to have worked continuously if you place in service within four calendar years after the year work began. So if you begin in 2025 you have until the end of 2029 to place in service without having to prove continuous work. There had been rumors about that four-year window being shortened, so the fact that it was retained is very helpful to project pipelines.
The other major point I’d highlight is that the effective date of the new guidance is September 2. There’s still a limited window between now and then to continue to access the old rules. This also provides greater certainty for developers who attempted to start construction under the old rules after July 4, 2025. They can be confident that what they did still works assuming it was consistent with the prior guidance.
On the construction start – what kinds of projects would’ve maybe opted to use the 5% cost metric before?
Generally speaking it has mostly been distributed generation and residential solar projects. On the utility scale side it had recently tended to be projects buying domestic modules where there might have been an angle to access the domestic content tax credit bonus as well.
For larger projects, the 5% test can be quite expensive. If you’re a 200-megawatt project, 5% of your project is not nothing – that actually can be quite high. I would say probably the majority of utility scale projects in recent years had relied on the manufacturing of transformers as the primary strategy.
So now that option is not available to utility scale projects anymore?
The domestic content bonus is still available, but prior to September 2 you can procure modules for a large project and potentially both begin construction and qualify for the domestic content bonus at the same time. Beginning September 2 the module procurement wouldn’t help that same project begin construction.
Okay, so help me understand what kinds of work will developers need to do in order to pass the physical work test here?
A lot of it is market-driven by preferences from tax equity investors and tax credit buyers and their tax counsel. Over the last 8 years or so transformer manufacturing has become quite popular. I expect that to continue to be an avenue people will pursue. Another avenue we see quite often is on-site physical work, so for a wind project for example that can involve digging foundations for your wind turbines, covering them with concrete slabs, and doing work for something called string roads – roads that go between your turbines primarily for operations and maintenance. On the solar side, it would be similar kinds of on-site work: foundation work, road work, driving piles, putting things up at the site.
One of the things that is more difficult about the physical work test as opposed to the 5% test is that it is subjective. I always tell people that more work is always better. In the first instance it’s likely up to whatever your financing party thinks is enough and that’s going to be a project-specific determination, typically.
Okay, and how much will permitting be a factor in passing the physical work test?
It depends. It can certainly affect on-site work if you don’t have access to the site yet. That is obviously problematic.
But it wouldn’t prevent you from doing an off-site physical work strategy. That would involve procuring a non-inventory item like a transformer for the project. So there are still different things you can do depending on the facts.
What’s your ultimate takeaway on the Treasury guidance overall?
It certainly makes beginning construction on wind and solar more difficult, but I think the overall reaction that I and others in the market have mostly had is that the guidance came out much better than people feared. There were a lot of rumors going around about things that could have been really problematic, but for the most part, other than the 5% test option going away, the sense is that not a whole lot changed. This is a positive result on the development side.
And more of the week’s most important news around renewable energy conflicts.
1. Carroll County, Arkansas – The head of an influential national right-wing advocacy group is now targeting a wind project in Arkansas, seeking federal intervention to block something that looked like it would be built.
2. Suffolk County, New York – EPA Administrator Lee Zeldin this week endorsed efforts by activists on Long Island to oppose energy storage in their neighborhoods.
3. Multiple counties, Indiana – This has been a very bad week for renewables in the Sooner state.
4. Brunswick County, North Carolina – Duke Energy is pouring cold water on anyone still interested in developing offshore wind off the coast of North Carolina.
5. Bell County, Texas – We have a solar transmission stand-off brewing in Texas, of all places.
Is there going to be a flight out of Nevada?
Donald Trump’s renewables permitting freeze is prompting solar companies to find an escape hatch from Nevada.
As I previously reported, the Interior Department has all but halted new approvals for solar and wind projects on federal lands. It was entirely unclear how that would affect transmission out west, including in the solar-friendly Nevada desert where major lines were in progress to help power both communities and a growing number of data centers. Shortly after the pause, I took notice of the fact that regulators quietly delayed the timetable by at least two weeks for a key line – the northern portion of NV Energy’s Greenlink project – that had been expected to connect to a litany of solar facilities. Interior told me it still planned to complete the project in September, but it also confirmed that projects specifically necessary for connecting solar onto the grid would face “enhanced” reviews.
Well, we have the latest update in this saga. It turns out NV Energy has actually been beseeching the Federal Energy Regulatory Commission to let solar projects previously planned for Greenlink bail from the interconnection queue without penalty. And the solar industry is now backing them up.
In a July 28 filing submitted after Interior began politically reviewing all renewables projects, NV Energy requested FERC provide a short-term penalty waiver to companies who may elect to leave the interconnection queue because their projects are no longer viable. Typically, companies are subject to financial penalties for withdrawals from the queue, a policy intended to keep developers from hogging a place in line with a risky project they might never build. Now, at least in the eyes of this key power company, it seems Trump’s pause has made that the case for far too many projects.
“It is important that non-viable projects be terminated or withdrawn so that the queue and any required restudies be updated as quickly as possible,” stated the filing, which was first reported by Utility Dive earlier this week. NV Energy also believes there is concern customers may seek to have their deals for power expected from these projects terminated under “force majeure" clauses, and so “the purpose of this waiver request is thus to both clear the queue to the extent possible and avoid unneeded disputes.”
On Monday, the Solar Energy Industries Association endorsed the request in a filing to the commission made in partnership with regional renewable trade group Interwest Energy Alliance. The support statement referenced both the recent de facto repeal of IRA credits as well as the permitting freeze, stating it now “appears that federal agency review staff are unsure how to proceed on solar projects.” This even includes projects on private lands, a concern first raised by Nevada Gov. Joe Lombardo, a Republican, after the permitting freeze came into effect.
The groups all but stated they anticipate companies will pull the plug on solar projects in Nevada, proclaiming that by granting the waiver, “it will encourage projects facing uncertainty due to recent legislation and federal action to exit the process sooner and without penalty, creating more certainty for the remaining projects.”
How this reads to me: Energy developers are understandably trying to figure out how to skate away from this increasingly risky situation as cleanly as they can. It’s anybody’s guess if FERC is willing to show lenience toward these developers.