For the most part, however, projects either under construction or already operating have been spared. With a handful of exceptions — the Lava Ridge wind farm in Idaho, the Atlantic Shores development off the coast of New Jersey and the Empire Wind project in the New York Bight — most projects with advanced timelines appeared to be safe.
But that was then. In the past week, a series of Trump administration actions has presented fresh threats to wind developers seeking everyday sign-offs for things that have never before presented a potential problem. Renewables developers and their supporters say the rush of actions is intended to further curtail investment in wind after Congress earlier this summer drastically curtailed tax breaks for wind and solar.
“I don’t think they even care if it’ll stand judicial review,” Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center, told me. “It’s just going to chill anyone with limited capital from going to [an] agency.”
First up: The Transportation Department last Tuesday declared that it would now call for a national 1.2-mile property setback — that is, a mandatory distance requirement — for all wind facilities near railroads and highways.
When it announced the move, the DOT claimed it had “recently discovered” that the Biden administration had “overruled a safety recommendation for dozens of wind energy projects” related to radio frequencies near transportation corridors, suggesting the federal government would soon be stepping in to rectify the purported situation. To try and support this claim, the agency released a pair of Biden-era letters from a DOT spectrum policy office related to Prairie Heritage, a Pattern Energy wind project in Illinois, one recommending action due to radio issues and a subsequent analysis that no longer raised concerns.
Citing these, the DOT stated that political officials had overruled the concerns of safety experts and called on Congress to investigate. It also suggested that “33 projects have been uncovered where the original safety recommendation was rescinded.” DOT couldn’t be reached for comment in time for publication. Pattern Energy declined to comment.
Buried in this announcement was another reveal: DOT said that it would instruct the Federal Aviation Administration to “thoroughly evaluate proposed wind turbines to ensure they do not pose a danger to aviation” — a signal that a once-routine FAA height clearance required for almost every wind turbine could now become a hurdle for the entire sector.
At the same time, the Department of the Interior unveiled a twin set of secretarial orders that went beyond even its edict of just the week before, requiring that all permits for wind and solar go through high-level political screening.
First, also on Tuesday, the department released a mega-order claiming the Biden administration “chose to misapply” the law in approving offshore wind projects and calling on nearly every branch of the agency to review “any regulations, guidance, policies, and practices” related to a host of actions that occur before and after a project receives its final record of decision, including right-of-way authorizations, land use plan amendments and revisions, and environmental and wildlife permit and analyses. Among its many directives, the order instructed Interior staff to prepare a report on fully-approved offshore wind projects that may have impacts on “military readiness.” It also directed the agency’s top lawyer to review all “pending litigation” against a wind or solar project approval and identify cases where the agency could withdraw or rescind it.
Then came Friday. As I scooped for Heatmap, Interior will no longer permit a wind project on federal land if it would produce less energy per acre than a coal, gas, or nuclear facility at the same site. This happens to be a metric where wind typically performs worse than its more conventional counterparts; that being the case, this order could amount to a targeted and de facto ban on wind on federal property.
Taken in sum, it’s difficult not to read this series of orders as a message to the entire wind industry: Avoid the federal government at all costs, if you can help it.
What does the future of wind development look like in the U.S. if you have to work around the feds at every turn? “It’s a good question,” John Hensley, senior vice president for markets and policy analysis at the American Clean Power Association, told me this afternoon. The challenge is that “as we see more and more of these crop up, it becomes more and more difficult to move these projects forward — and, somewhat equally important, it becomes difficult to find the financing to develop these projects.”
“If the financing community is unwilling to take on that risk then the money dries up and these projects have a lower likelihood of happening,” Hensley said, adding: “We haven’t reached the threshold where all activity has ground to a stop, but it certainly has pushed companies to re-evaluate their portfolios and think about where they do have this regulatory risk, and it pushes the financing community to do the same. It’s just putting more barriers in place to move these projects forward.”
Anti-wind activists, meanwhile, see these orders as a map to the anti-renewables Holy Grail: forcibly decommissioning projects that are already in service.
On the same day as the mega-order, the coastal vacation town of Nantucket, Massachusetts, threatened legal action against Vineyard Wind, the offshore wind project that experienced a construction catastrophe during the middle of last year’s high tourist season, sending part of a turbine blade and shards of fiberglass into the waters just offshore. The facility is still partially under construction, but is already sending electrons to the grid. Less than 24 hours later, the Texas Public Policy Foundation, a conservative legal group tied to other lawsuits against offshore wind projects, filed a petition to the Interior Department requesting that it reconsider prior permits for Vineyard Wind and halt operations.
David Stevenson, a former Trump adviser who now works with the offshore wind opponent Caesar Rodney Institute, told me he thinks the Interior order laid out a pathway to reconsider approvals. “Many of us who have been plaintiffs in various lawsuits have suggested to the Secretary of the Interior that there are flaws, and the flaws are spelled out in the lawsuits to the permit process.”
Nick Krakoff, a senior attorney with the pro-climate action Conservation Law Foundation, had an identical view to Stevenson’s. “I’m certainly not aware of this ever being done before,” he told me, noting that the Biden administration paused new oil and gas leases but didn’t do a “systematic review” of a sector to find “ways to potentially undo prior permitting decisions.”
Democrats in Congress have finally started speaking up about this. Last week four Democrats — led by Martin Heinrich, the top Democrat on the Senate Energy and Natural Resources Committee — sent a letter to Interior Secretary Doug Burgum arguing that the secretarial orders would delay any decision related to renewable energy in general, “no matter how routine.” A Democratic staffer on the committee, who requested anonymity to speak candidly about the letter, told me privately that “fear is where this is headed.”
“They’re just building a record that will ultimately allow them to not approve future projects, and potentially deny projects that have already been approved,” the staffer said. ”They have all these new hoops they have to go through, and if they’re saying these things aren’t in the public interest, it’s not hard to see where they are going.”
Courtesy of Kia
Courtesy of Kia
