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Current conditions: Warm temperatures in the Pacific Northwest and Central Plains could set daily records • Jet stream to dump “extended” rain on California • It’ll hit nearly 60 degrees today in Kansas City, whose Chiefs are headed to the Super Bowl for the fourth time in five years to face the San Francisco 49ers.
Earnings season continues this week with 106 S&P 500 companies on deck to report to investors in the next five days. Upcoming calls with automakers in particular could offer additional insight into the purported “slowing” of the electric vehicle market. Here is where things currently stand:
The European Union’s climate commissioner, Wopke Hoekstra, said that the energy transition will mean a “heavy change” for industries on the continent but warned against the “false narrative” that climate action comes at the cost of business and innovation, The Financial Times reported Monday. Hoekstra’s comments came ahead of an intended proposal by Brussels that the EU cut emissions by 90% of 1990 levels by 2040.
While the aggressive proposition would need to be agreed upon by EU governments before becoming law, environmental regulations have already rankled farmers in Germany, Poland, Romania, Belgium, and France — where farmers even threatened to put Paris “under siege” on Monday — while right-wing politicians have attacked green policies and industrialists have blamed “red tape” for holding up innovation. “We need to stand on two legs: one leg is climate action, the other leg is the just transition, competitiveness, and a thriving business community, because both are needed,” Hoekstra said.
On Sunday, a pair of activists threw soup at the Mona Lisa in the Louvre museum in Paris — although Leonardo da Vinci’s painting, which has seen this kind of thing before and resides safely behind fortified glass, was not damaged.
\ud83e\uddba ACTION EN COURS - PARIS\n\nDimanche 28 janvier. 10h00\n\n2 citoyennes engag\u00e9es avec la nouvelle campagne Riposte Alimentaire ont asperg\u00e9 de soupe le tableau \u201cLa Joconde\u201d mondialement connu, expos\u00e9 au Mus\u00e9e du Louvre. [1]\n#RiposteAlimentaire #A22Network #Joconde #Louvre— (@)
The demonstrators identified themselves as belonging to Riposte Alimentaire, which The Washington Post describes as a “food security protest group” under the umbrella of the A22 Network, which also includes the climate groups Just Stop Oil and Last Generation. “Farmers are squeezed by the pressures of mass distribution, going so far as to make them sell at a loss,” Riposte Alimentaire said in French, according to the Post. “Our agricultural and food system also has extremely worrying environmental consequences.”
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Last week, Chicago Mayor Mayor Brandon introduced an ordinance that would ban natural gas for cooking and heating in most new construction. “This is a critical first step for [Chicago] to take towards a planned transition away from fossil fuels,” Leslie Perkins, the chief of staff and policy director for the city’s Committee on Environmental Protection and Energy, told Utility Drive at the time. However, the ordinance faces an uphill battle, The Chicago Tribune argued in a Sunday editorial. “Better to wait and see what the statewide policy is on the future of natural gas,” the authors wrote, stressing examples like Berkeley, California, which has been unable to enforce its version of a gas ban after a federal appeals court ruled the city doesn’t have the authority. Additionally, “much of the power keeping lights on in Chicagoland comes from nuclear energy (which doesn’t emit carbon) and, ironically enough, gas (which does),” the op-ed authors pointed out. “It’s not economically feasible to build new nuclear plants at present, so any increased electricity demand will be met mostly by burning gas.”
Over the weekend, Maui police identified the 100th victim of the August 8 Lahaina wildfire as Lydia Coloma, 70. She was also the last unidentified victim and was ID’ed using “the context of the location where the remains were found,” rather than by DNA or other methods, The Associated Press reports.
Coloma is one of nine members of her family who died in the wildfire, as well as the first victim to be identified since November 11. Police said three other people still remain unaccounted for, down from more than 1,000 in the immediate aftermath of the fire.
“What lies for the future for the Osage? Energy is the front end of our business. The other part of it is the environmental stewardship of this reservation.” —Everett Waller, chairman of the Osage Minerals Council, who also plays Paul Red Eagle in Killers of the Flower Moon. A federal judge has sided with the Osage Nation against Italian utility Enel, which has been ordered to remove 84 wind turbines from tribal land found in violation of the Osage mineral estate.
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A chat with CleanCapital founder Jon Powers.
This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.
The following conversation was lightly edited for clarity.
Alright, so let’s start off with a big question: How do investors in clean energy view Trump’s permitting freeze?
So, let’s take a step back. Look at the trend over the last decade. The industry’s boomed, manufacturing jobs are happening, the labor force has grown, investments are coming.
We [Clean Capital] are backed by infrastructure life insurance money. It’s money that wasn’t in this market 10 years ago. It’s there because these are long-term infrastructure assets. They see the opportunity. What are they looking for? Certainty. If somebody takes your life insurance money, and they invest it, they want to know it’s going to be there in 20 years in case they need to pay it out. These are really great assets – they’re paying for electricity, the panels hold up, etcetera.
With investors, the more you can manage that risk, the more capital there is out there and the better cost of capital there is for the project. If I was taking high cost private equity money to fund a project, you have to pay for the equipment and the cost of the financing. The more you can bring down the cost of financing – which has happened over the last decade – the cheaper the power can be on the back-end. You can use cheaper money to build.
Once you get that type of capital, you need certainty. That certainty had developed. The election of President Trump threw that into a little bit of disarray. We’re seeing that being implemented today, and they’re doing everything they can to throw wrenches into the growth of what we’ve been doing. They passed the bill affecting the tax credits, and the work they’re doing on permitting to slow roll projects, all of that uncertainty is damaging the projects and more importantly costs everyone down the road by raising the cost of electricity, in turn making projects more expensive in the first place. It’s not a nice recipe for people buying electricity.
But in September, I went to the RE+ conference in California – I thought that was going to be a funeral march but it wasn’t. People were saying, Now we have to shift and adjust. This is a huge industry. How do we get those adjustments and move forward?
Investors looked at it the same way. Yes, how will things like permitting affect the timeline of getting to build? But the fundamentals of supply and demand haven’t changed and in fact are working more in favor of us than before, so we’re figuring out where to invest on that potential. Also, yes federal is key, but state permitting is crucial. When you’re talking about distributed generation going out of a facility next to a data center, or a Wal-Mart, or an Amazon warehouse, that demand very much still exists and projects are being built in that middle market today.
What you’re seeing is a recalibration of risk among investors to understand where we put our money today. And we’re seeing some international money pulling back, and it all comes back to that concept of certainty.
To what extent does the international money moving out of the U.S. have to do with what Trump has done to offshore wind? Is that trade policy? Help us understand why that is happening.
I think it’s not trade policy, per se. Maybe that’s happening on the technology side. But what I’m talking about is money going into infrastructure and assets – for a couple of years, we were one of the hottest places to invest.
Think about a European pension fund who is taking money from a country in Europe and wanting to invest it somewhere they’ll get their money back. That type of capital has definitely been re-evaluating where they’ll put their money, and parallel, some of the larger utility players are starting to re-evaluate or even back out of projects because they’re concerned about questions around large-scale utility solar development, specifically.
Taking a step back to something else you said about federal permitting not being as crucial as state permitting–
That’s about the size of the project. Huge utility projects may still need federal approvals for transmission.
Okay. But when it comes to the trendline on community relations and social conflict, are we seeing renewable energy permitting risk increase in the U.S.? Decrease? Stay the same?
That has less to do with the administration but more of a well-structured fossil fuel campaign. Anti-climate, very dark money. I am not an expert on where the money comes from, but folks have tried to map that out. Now you’re even seeing local communities pass stuff like no energy storage [ordinances].
What’s interesting is that in those communities, we as an industry are not really present providing facts to counter this. That’s very frustrating for folks. We’re seeing these pass and honestly asking, Who was there?
Is the federal permitting freeze impacting investment too?
Definitely.
It’s not like you put money into a project all at once, right? It happens in these chunks. Let’s say there’s 10 steps for investing in a project. A little bit of money at step one, more money at step two, and it gradually gets more until you build the project. The middle area – permitting, getting approval from utilities – is really critical to the investments. So you’re seeing a little bit of a pause in when and how we make investments, because we sometimes don’t know if we’ll make it to, say, step six.
I actually think we’ll see the most impact from this in data center costs.
Can you explain that a bit more for me?
Look at northern Virginia for a second. There wasn’t a lot of new electricity added to that market but you all of the sudden upped demand for electricity by 20 percent. We’re literally seeing today all these utilities putting in rate hikes for consumers because it is literally a supply-demand question. If you can’t build new supply, it's going to be consumers paying for it, and even if you could build a new natural gas plant – at minimum that will happen four-to-six years from now. So over the next four years, we’ll see costs go up.
We’re building projects today that we invested in two years ago. That policy landscape we invested in two years ago hasn’t changed from what we invested into. But the policy landscape then changed dramatically.
If you wipe out half of what was coming in, there’s nothing backfilling that.
Plus more on the week’s biggest renewables fights.
Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.
Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.
White Pine County, Nevada – The Trump administration is finally moving a little bit of renewable energy infrastructure through the permitting process. Or at least, that’s what it looks like.
Mineral County, Nevada – Meanwhile, the BLM actually did approve a solar project on federal lands while we were gone: the Libra energy facility in southwest Nevada.
Hancock County, Ohio – Ohio’s legal system appears friendly for solar development right now, as another utility-scale project’s permits were upheld by the state Supreme Court.
The offshore wind industry is using the law to fight back against the Trump administration.
It’s time for a big renewable energy legal update because Trump’s war on renewable energy projects will soon be decided in the courts.
A flurry of lawsuits were filed around the holidays after the Interior Department issued stop work orders against every offshore wind project under construction, citing a classified military analysis. By my count, at least three developers filed individual suits against these actions: Dominion Energy over the Coastal Virginia offshore wind project, Equinor over Empire Wind in New York, and Orsted over Revolution Wind (for the second time).
Each of these cases are moving on separate tracks before different district courts and the urgency is plain. I expect rulings in a matter of days, as developers have said in legal filings that further delays could jeopardize the completion of these projects due to vessel availability and narrow timelines for meeting power contracts with their respective state customers. In the most dire case, Equinor stated in its initial filing against the government that if the stop work order is implemented as written, it would “likely” result in the project being canceled. Revolution Wind faces similar risks, as I’ve previously detailed for Heatmap.
Meanwhile, around the same time these cases were filed, a separate lawsuit was dropped on the Interior Department from a group of regional renewable energy power associations, including Interwest Energy Alliance, which represents solar developers operating in the American Southwest – ground zero for Trump’s freeze on solar permits.
This lawsuit challenges Interior Secretary Doug Burgum’s secretarial orders requiring his approval for renewable energy decisions, the Army Corps of Engineers’ quiet pause on wetlands approvals, and the Fish and Wildlife Services’ ban on permitting eagle takes, as well as its refusal to let developers know if they require species consultations under the Endangered Species Act. The case argues that the administration is implementing federal land law “contrary to Congress’ intent” by “unlawfully picking winners and losers among energy sources,” and that these moves violate the Administrative Procedures Act.
I expect crucial action in this case imminently, too. On Thursday, these associations filed a motion declaring their intent to seek a preliminary injunction against the administration while the case is adjudicated because, as the filing states, the actions against the renewables sector are “currently costing the wind and solar industry billions of dollars.”
Now, a victory here wouldn’t be complete, since a favorable ruling would likely be appealed and the Trump administration has been reluctant to act on rulings they disagree with. Nevertheless, it would still be a big win for renewables companies frozen by federal bureaucracy and ammo in any future legal or regulatory action around permit activity.
So far, Trump’s war on solar and wind has not really been tested by the courts, sans one positive ruling against his anti-wind Day One executive order. It’s easy in a vacuum to see these challenges and think, Wow, the industry is really fighting back! Maybe they can prevail? However I want to remind my readers that simply having the power of the federal government grants one the capacity to delay commercial construction activity under federal purview, no matter the legality. These matters can become whack-a-mole quite quickly.
Dominion Energy’s Coastal Virginia offshore wind project is one such example. Intrepid readers of The Fight may remember I was first to report the Trump administration might try to mess around with the permits previously issued for construction through litigation brought by anti-renewables activists, arguing the government did not adequately analyse potential impacts to endangered whales. Well, it appears we’re getting closer to an answer: In a Dec. 18 filing submitted in that lawsuit, Justice Department attorneys said they have been “advised” that the Interior Department is now considering whether to revoke permits for the project.
Dominion did not respond to a request for comment about this filing, but it is worth noting that the DOJ’s filing concedes Dominion is aware of this threat and “does not concede the propriety” of any review or revocation of the permits.
I don’t believe this alone would kill Coastal Virginia given the project is so far along in construction. But I expect a death by a thousand cuts strategy from the Trump team against renewable energy projects writ large, regardless of who wins these cases.