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The West loves its wide open spaces. Utah, though, is something else.
Every state would like to think itself singular but, truly, there is no place like Utah. The Beehive State has long fascinated outsiders; today, that attention is largely trained on Netflix exposés about the Church of Jesus Christ of Latter-day Saints, ballerina farmers, and Crumbl cookies, but historically, the obsession has been with its land. Utah has the nation’s highest density of National Parks; its rivers, canyons, mountains, and deserts have stirred Mark Twain, John Wesley Powell, John Muir, and Edward Abbey. To quote a more contemporary literary conduit, Post Malone: “It’s a free country out there. You can buy suppressors in Utah. You can … walk into the grocery store with a handgun on your hip. Cowboy shit.”
More recently, Utah has sought out a different source of outsider attention — that of the United States Supreme Court. Two lawsuits that originated in the state are currently under consideration by the justices. The first, Seven County Infrastructure Coalition v. Eagle County, Colorado, concerns the scope of the National Environmental Policy Act with regard to the construction of a railroad spur that would link Utah’s oil fields to the national rail lines. (Though the tracks would be in Utah, the connection would ultimately increase hazardous waxy crude oil shipments through the Colorado county in the case citation.) The second lawsuit, Utah v. the United States — which the court has yet to decide whether or not it will hear — involves the state suing the federal government over its allegedly unconstitutional control of “unused” lands by the Bureau of Land Management. If Utah prevails in the case, it could mean the vast reshaping of the American West, about 47% of which is federal land.
“Utah is all crazy, all the time right now,” Stephen Bloch, the legal director of the Southern Utah Wilderness Alliance, a conservation nonprofit opposing Utah v. the U.S., told me.
While not immediately apparent, there is nevertheless a strange logic to the two lawsuits that otherwise appear to have little to do with one another beyond the fact of their geography. At their core, both cases are ultimately about who gets to decide to do what with Utah’s land.
To anyone familiar with land use issues in the Mountain West, all of this is fairly routine. A strain of libertarianism and anti-government individualism runs through the more conservative inland Western states, coloring everything from the gun ownership policies so colorfully observed by Post Malone to whom the states back for president. Yet in the extent to which it is willing to pursue this common ideal, Utah is still an outlier.
“Westerners revere their public lands,” Betsy Gaines Quammen, a historian and author of American Zion: Cliven Bundy, God & Public Lands in the West, told me. “This is what makes the West the West — that you can come out and just go hiking, and you’re not trespassing.” Take the recent Montana Senate race, in which incumbent Democrat Jon Tester wielded his opponent Tim Sheehy’s comparatively mild comments about privatizing public lands as a cudgel in a deep red state. (Tester, it must be added, lost his reelection bid.) But in Utah, instead of celebrating federal land as the embodiment of this Western inheritance, its politicians are trying to eliminate them.
In the case of Utah, this goal is immediate and obvious. State officials claim that the 18.5 million acres of “unappropriated” BLM land in the state — that is, public lands not already designated as national parks, monuments, wilderness areas, national forests and conservation areas, or Tribal lands — are held in violation of the U.S. Constitution, which doesn’t explicitly authorize the federal government to hold land indefinitely. “Utah deserves priority when it comes to managing this land,” the state’s Republican Governor Spencer Cox said at a news conference in August, adding, “Utah is in the best position to understand and respond to the unique needs of our environment and communities.”
While Utah’s crown jewel, its “Mighty Five” National Parks, would remain under federal management, the state of Wyoming — which has backed Utah’s lawsuit in an amicus brief along with Idaho, Alaska, and the Arizona legislature — wants even more. “In Wyoming’s filing, they’re like, ‘Oh no, we’re in for everything,” Bloch said. “‘There shouldn’t be any federal land in Wyoming’ — including national parks.” More than 95% of Yellowstone National Park — the nation’s first national park, designated in 1872 — sits within Wyoming’s borders.
It seems doubtful that the Supreme Court will take up this case. For one thing, Utah is attempting to leapfrog the lower courts by taking its complaints directly to SCOTUS, a shortcut it says is justified by its concerns being “of profound importance not just to Utah, but to all the States in the Nation.” For another, President Biden’s Department of Justice has pointed out that what Utah seeks is outside the powers vested in the judicial branch; only Congress has decision-making authority over public lands. On the other hand, “Anyone right now, I think, would hesitate to say definitively, ‘Here’s what the Supreme Court will do,’” Aaron Weiss, the deputy director of the Center for Western Priorities, a nonpartisan conservation advocacy group, told me.
Seven County Infrastructure Coalition is a different story. Opponents of the railway claim that the government’s environmental review took into account the remote economic benefits of the railway — including induced employment, a notoriously inexact projection — while not equally weighing the indirect health impacts of the rail line, such as the pollution of additional fracking wells in the Uinta Basin or frontline communities near the refineries on the Gulf, where the crude oil is ultimately headed. The Supreme Court (minus Neil Gorsuch, who recused himself at the 11th hour) heard oral arguments in the case this week, however, and appears on track to rule that the government’s NEPA review for the railroad was sufficient. That would ultimately be a win for the Uinta Basin Railway and the business coalition that brought the suit after the U.S. Court of Appeals for the District of Columbia Circuit ruled there were flaws in the upstream and downstream analyses.
“I’m really worried that the court could end up inadvertently blessing this fundamentally arbitrary, imbalanced result, where an agency is allowed to talk about all the indirect benefits that they want — to go as far down the line, as far upstream, to the ends of the Earth chasing these indirect benefits — but not bother talking about the corresponding costs,” Jason Schwartz, the legal director at the Institute for Policy Integrity at New York University’s School of Law, told me. “That undermines the very purpose of NEPA, which was to present the public and decision-makers with a full and balanced view of both the economic and environmental perspectives.” (Schwartz authored an amicus brief for the Institute of Policy Integrity against the government’s NEPA review.)
A ruling that reaffirms the current scope of NEPA wouldn’t be a shock — the court has always sided with the government in such cases, E&E News notes. What’s different this time is that the plaintiffs presented the court with a third option, an avenue that would severely limit the scope of the NEPA’s environmental review process going forward by restraining agency considerations only to what falls under their immediate purview. Chief Justice John Roberts has sounded skeptical of this pitch so far; it’s this third path, however, that the oil and gas producer Anschutz submitted an amicus brief to the court to support, drawing attention to the fact that “far more is at stake … than the 88-mile rail line in rural Utah.” (The company’s owner, Philip Anchutz, has close ties to Gorsuch.)
“There are so many ways to make NEPA more efficient without arbitrarily decreasing the sometimes crucial information related to indirect effects that NEPA currently provides,” Schwartz told me. Sam Sankar, the senior vice president for programs at Earthjustice, which is supporting the defense, added to me that his read on Seven County Infrastructure Coalition case is that it proves how this Supreme Court has “a pretty aggressive deregulatory, anti-environmental agenda.” The Seven County Infrastructure Coalition told Heatmap in a statement that with regards to the railroad, “we remain committed to advancing this critical infrastructure, which aims to unlock economic opportunities and support the region’s long-term development,” but that it could not comment further as the case remains under deliberation.
A threat to NEPA is also a challenge to who gets a say in what Utah does with its land, of course. Like Utah v. the U.S., the filing for Seven County Infrastructure Coalition bristles with indignation over the government’s determinations about how things should be done or what impacts should be considered, even if the Surface Transportation Board ultimately gave the railroad the green light. Utah, meanwhile, originated as a reaction to the BLM’s Public Lands Rule, in which the agency considers conservation as a land use on equal footing with those of energy development, mining, or grazing. (Specifically, Utah lawmakers were furious about the BLM closing some roads to motorized vehicles. “That’s something that Utah gets very worked up about,” Bloch, the legal director at SUWA, told me.)
There is always a risk of overascribing the state of Utah’s otherwise seemingly inexplicable actions to Mormonism — a religion that is far from monolithic and is often the subject of derision from outsiders. But Quammen, the historian, told me that you can’t separate today’s public land policies from the cultural and theological inheritances and beliefs reinforced over generations of Mormon tradition. “A lot of the people taking these stands [over public lands] come from families that have been in that area for generations, so they have stories and ideologies that have been passed down — as has their relationship with the land,” Quammen explained.
Weiss, of Western Priorities, concurred. “There are some folks in Utah who truly believe that this land belongs to them,” he said.
Quammen noted by way of example that Cliven Bundy, who led a standoff at the Malheur National Wildlife Refuge in Oregon in 2016 over the demand that the BLM cede its land to the states, told her his legal right to the public lands where he grazes his cattle in Nevada started when his ancestor’s horse drank from its Virgin River — although in fact it was a Southern Paiute river before that. (That’s not the only historically inaccurate ownership claim that might be at play in Utah; Bloch of SUWA noted that the lands within the exterior boundaries of the state were ceded to the federal government in 1848 through the Treaty of Guadalupe Hidalgo at the end of the U.S.-Mexico War, and in that sense, “they’ve never been ‘Utah lands’ so there’s nothing to ‘give back’ to Utah.”)
Preservationists and conservationists during the settlement era saw Utah’s landscape as untrammeled (“also not true, because it was Indigenous land,” Quammen added) and in need of protection, but early church belief viewed it differently. “They thought that the land being utilized, built, and made productive was pleasing to the eye of God,” Quammen said. Finally, Joseph Smith, the founder of LDS, emphasized the importance of his adherents understanding the U.S. Constitution inside and out. In the case of public lands disputes, this resurfaces in the claim that the federal government can’t own land indefinitely, Quammen told me. “That’s the piece about understanding the Constitution better than constitutional scholars.” Ironically, it disregards the state’s constitution, in which Utah explicitly agreed in 1894 to “forever disclaim[s] all right and title to the unappropriated public lands” in order to be granted statehood.
There is, of course, a significant small-government push in the Republican Party, too; privatizing land was part of the party’s presidential platform this year. It can be hard to tell, however, where one influence ends and another begins: William Perry Pendley, a key figure in the Reagan administration during the Sagebrush Rebellion fight over public lands in the 1970s and 1980s, authored the Project 2025 chapter on the Department of the Interior. Doug Burgum, Trump’s nominee for the head of the department, recently met with Utah’s Republican Senator Mike Lee, a devout Latter-Day Saint, who afterward posted, “Great meeting with @dougburgum and planning the return of American lands to the American people.” And if Trump attempts to walk back protections of Bears Ears and Grand Staircase Escalante National Monuments again, that land would be added to the pot of what Utah is seeking to acquire.
Utah’s organizers seem prepared to make an appeal to Congress or the Trump administration if the Supreme Court doesn’t make a move in their favor; funding for the messaging for Stand for Our Land, the publicity arm of the lawsuit, has reportedly outpaced the spending on lawyers. (A request for comment to the Utah Attorney General’s Office and Gov. Spencer J. Cox went unanswered.)
The implications of the Supreme Court’s decisions on limiting the scope of NEPA or hearing the public lands lawsuit are vast in both cases. The former could ease the way for expansive oil and gas development in Utah, which would be “a bona fide public health nightmare,” according to Brian Moench, an anesthesiologist on the board of Utah Physicians for a Healthy Environment, which is opposing the railroad, due to all the additional pollution. “If they’re allowed to do this and increase the oil and gas drilling production by 500% — I don't know what you would call the end result. Unlivable, as far as I’m concerned.”
In the case of the public lands, meanwhile, “I think [Utah is] trying to give the impression that these are scrubby lands that nobody cares about when, in fact, it concerns landscapes like Labyrinth Canyon or the Dirty Devil or the Fisher Towers — these very iconic red rock landscapes that Americans think about when they think about visiting the state,” Bloch told me. “Those are the types of places in the crosshairs with this lawsuit.”
Ironically, it’s doubtful that a transfer of public lands would even benefit most Utahns. Because states can’t run deficits, a disaster like a bad wildfire would drain the Utah budget. Additionally, ranchers would pay far more for grazing their cattle on state lands (as high as $19.50 per animal unit per month, per the BLM) than on federal lands, where the fee is a dirt-cheap $1.35. Ultimately, the state likely wouldn’t even possess much of the land it claims to want so badly.
Utah’s politicians “would much prefer to be able to sell off any lands that they want — whether it’s for oil and gas leasing, whether it’s for mansions near national parks. This is very valuable land and a very valuable resource that belongs to all Americans,” Weiss of Western Priorities said. “And Utah would prefer if it belonged to them.”
Public lands and pride in the natural environment are fundamental to many Westerners’ beliefs and identities. By that token, it would seem Utah has made a miscalculation that only an insider could truly appreciate the cost of; by taking over control of portions of its territory from the federal government, it would be, in effect, boxing Utahns out of their own lands —a craven, modern twist if ever there was one.
But to be able to hike or hunt, to pitch a tent, to fish, to stargaze, to graze one’s cattle on nearly 70% of the land in Utah, because it belongs to us, the public?
Now that’s cowboy shit.
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A conversation with Mike Hall of Anza.
This week’s conversation is with Mike Hall, CEO of the solar and battery storage data company Anza. I rang him because, in my book, the more insights into the ways renewables companies are responding to the war on the Inflation Reduction Act, the better.
The following chat was lightly edited for clarity. Let’s jump in!
How much do we know about developers’ reactions to the anti-IRA bill that was passed out of the House last week?
So it’s only been a few days. What I can tell you is there’s a lot of surprise about what came out of the House. Industries mobilized in trying to improve the bill from here and I think a lot of the industry is hopeful because, for many reasons, the bill doesn’t seem to make sense for the country. Not just the renewable energy industry. There’s hope that the voices in Congress — House members and senators — who already understand the impact of this on the economy will in the coming weeks understand how bad this is.
I spoke to a tax attorney last week that her clients had been preparing for a worst case scenario like this and preparing contingency plans of some kind. Have you seen anything so far to indicate people have been preparing for a worst case scenario?
Yeah. There’s a subset of the market that has prepared and already executed plans.
In Q4 [of 2024] and Q1 [of this year] with a number of companies to procure material from projects in order to safe harbor those projects. What that means is, typically if you commence construction by a certain date, the date on which you commence construction is the date you lock in tax credit eligibility, and we worked with companies to help them meet that criteria. It hedged them on a number of fronts. I don’t think most of them thought we’d get what came out of the House but there were a lot of concerns about stepdowns for the credit.
After Trump was elected, there were also companies who wanted to hedge against tariffs so they bought equipment ahead of that, too. We were helping companies do deals the night before Liberation Day. There was a lot of activity.
We saw less after April 2nd because the trade landscape has been changing so quickly that it’s been hard for people to act but now we’re seeing people act again to try and hit that commencement milestone.
It’s not lost on me that there’s an irony here – the attempts to erode these credits might lead to a rush of projects moving faster, actually. Is that your sense?
There’s a slug of projects that would get accelerated and in fact just having this bill come out of the House is already going to accelerate a number of projects. But there’s limits to what you can do there. The bill also has a placed-in-service criteria and really problematic language with regard to the “foreign entity of concern” provisions.
Are you seeing any increase in opposition against solar projects? And is that the biggest hurdle you see to meeting that “placed-in-service” requirement?
What I have here is qualitative, not quantitative, but I was in the development business for 20 years, and what I have seen qualitatively is that it is increasingly harder to develop projects. Local opposition is one of the headwinds. Interconnection is another really big one and that’s the biggest concern I have with regards to the “placed-in-service” requirement. Most of these large projects, even if you overcome the NIMBY issues, and you get your permitting, and you do everything else you need to do, you get your permits and construction… In the end if you’re talking about projects at scale, there is a requirement that utilities do work. And there’s no requirement that utilities do that work on time [to meet that deadline]. This is a risk they need to manage.
And more of the week’s top news in renewable energy conflicts.
1. Columbia County, New York – A Hecate Energy solar project in upstate New York blessed by Governor Kathy Hochul is now getting local blowback.
2. Sussex County, Delaware – The battle between a Bethany Beach landowner and a major offshore wind project came to a head earlier this week after Delaware regulators decided to comply with a massive government records request.
3. Fayette County, Pennsylvania – A Bollinger Solar project in rural Pennsylvania that was approved last year now faces fresh local opposition.
4. Cleveland County, North Carolina – Brookcliff Solar has settled with a county that was legally challenging the developer over the validity of its permits, reaching what by all appearances is an amicable resolution.
5. Adams County, Illinois – The solar project in Quincy, Illinois, we told you about last week has been rejected by the city’s planning commission.
6. Pierce County, Wisconsin – AES’ Isabelle Creek solar project is facing new issues as the developer seeks to actually talk more to residents on the ground.
7. Austin County, Texas – We have a couple of fresh battery storage wars to report this week, including a danger alert in this rural Texas county west of Houston.
8. Esmeralda County, Nevada – The Trump administration this week approved the final proposed plan for NV Energy’s Greenlink North, a massive transmission line that will help the state expand its renewable energy capacity.
9. Merced County, California – The Moss Landing battery fire is having aftershocks in Merced County as residents seek to undo progress made on Longroad’s Zeta battery project south of Los Banos.
Anti-solar activists in agricultural areas get a powerful new ally.
The Trump administration is joining the war against solar projects on farmland, offering anti-solar activists on the ground a powerful ally against developers across the country.
In a report released last week, President Trump’s Agriculture Department took aim at solar and stated competition with “solar development on productive farmland” was creating a “considerable barrier” for farmers trying to acquire land. The USDA also stated it would disincentivize “the use of federal funding” for solar “through prioritization points and regulatory action,” which a spokesperson – Emily Cannon – later clarified in an email to me this week will include reconfiguring the agency’s Rural Energy for America loan and grant program. Cannon declined to give a time-table for the new regulation, stating that the agency “will have more information when the updates are ready to be published.”
“Farmland should be for agricultural production, not solar production,” Cannon wrote – a statement also made in the USDA report.
REAP is a program created in 2008 that exists to help fund renewable energy and sustainability projects at the level of individual farms and has been seen as a potential tool for not only building more solar but also more trust in agriculturally-focused communities. It’s without question that retooling REAP to actively disincentivize awardees from building solar on farmland could have a chilling effect, at least amongst those who receive money from the program or wish to in the future. This comes after Trump officials temporarily froze money promised to farmers, too.
As we’ve previously written in The Fight, agricultural interests can at times present as much a threat to the future of solar energy as any oil-funded dark money group, if not more so. Conflicts over solar production on farmland make up a large portion of the total projects I cover in The Fight every week, and it is one of the most frequently cited reasons for opposition against individual renewables projects. (Agricultural workforces are one of the most important signals for renewable energy opposition in Heatmap Pro’s modeling data as well.) I wrote shortly after Trump’s inauguration that I wondered when – not if – he would adopt this position.
It’s unclear what exactly led USDA to dive headlong into the “No Solar on Farmland” campaign, aside from its growing popularity in conservative political circles, but there is reason to believe farming interests may have played a role. USDA has stated the report was the product of discussions with farming groups and an industry roundtable. In addition, per lobbying disclosures, at least one agricultural group – the Pennsylvania Farm Bureau – advocated earlier this year for “congressional action and/or executive orders” to “balance renewable and conventional sources of energy” through “limit[ing] solar on productive farmland.” (The Pennsylvania Farm Bureau denied this in an email to me earlier this week.)
There’s also reason to believe some key stakeholders were caught off-guard or weren’t looped in on the matter.
American Farmland Trust has been trying to cultivate common ground between farmers, solar companies, and various agencies at all levels of government over the future of development. But when asked about this report, the nonprofit told me it couldn’t speak on the matter because it was still trying to suss out what was going on.
“AFT is meeting with the Trump administration to learn more about what they are planning in terms of policy and programs to implement this concept,” AFT media relations associate Michael Shulman told me.