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Since July 4, the federal government has escalated its assault on wind development to previously unimaginable heights.

The Trump administration is widening its efforts to restrict wind power, proposing new nationwide land use restrictions and laying what some say is the groundwork for targeting wind facilities under construction or even operation.
Since Trump re-entered the White House, his administration has halted wind energy leasing, stopped approving wind projects on federal land or in federal waters, and blocked wind developers from getting permits for interactions with protected birds, putting operators that harm a bald eagle or endangered hawk at risk of steep federal fines or jail time.
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.”
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Much of California’s biggest county is now off limits to energy storage.
Residents of a tiny unincorporated community outside of Los Angeles have trounced a giant battery project in court — and in the process seem to have blocked energy storage projects in more than half of L.A. County, the biggest county in California.
A band of frustrated homeowners and businesses have for years aggressively fought a Hecate battery storage project proposed in Acton, California, a rural unincorporated community of about 7,000 residents, miles east of the L.A. metro area. As I wrote in my first feature for The Fight over a year ago, this effort was largely motivated by concerns about Acton as a high wildfire risk area. Residents worried that in the event of a large fire, a major battery installation would make an already difficult emergency response situation more dangerous. Acton leaders expressly opposed the project in deliberations before L.A. County planning officials, arguing that BESS facilities in general were not allowed under the existing zoning code in unincorporated areas.
On the other side, county officials maintained that the code was silent on battery storage as such, but said that in their view, these projects were comparable to distribution infrastructure from a land use perspective, and therefore would be allowable under the code.
Last week, the residents of Acton won, getting the courts to toss out the county’s 2021 memorandum allowing battery storage facilities in unincorporated areas – which make up more than 65% of L.A. County.
Judge Curtis Kin wrote in his October 14 ruling that “such expansive use of the interpretation runs contrary to the Zoning Code itself,” and that the “exclusion” of permission for battery storage in the code means it isn’t allowed, plain and simple.
“Consequently, respondents and real parties’ reliance on the existence of other interpretive memos and guidance by the [Planning] Director is beside the point,” Kin stated. “There is no dispute the Director has the authority to issue memos and interpretations for Zoning code provisions subject to interpretation, but, as discussed above, such authority cannot be used in such a way as to violate the provisions of the Zoning Code.”
The court also declared the Hecate project approval void and ordered the company to seek permits under the California Environmental Quality Act if it still wants to build. This will halt the project’s development for the foreseeable future. Alene Taber, the attorney representing Acton residents, told me she has received no indication from Hecate’s legal team about whether they will appeal the ruling.
Hecate declined to comment on the outcome.
Taber’s perspective is unique as a self-described “rural rights” attorney who largely represents unincorporated communities with various legal disputes. She told me this ruling demonstrates a serious risk regulators face in moving too fast for a host community, especially given rising opposition to battery storage in California. Since the Moss Landing fire, opposition to storage projects has escalated rapidly across the state – despite profound tech differences between more modern designs proposed today and the antiquated system that burned up in that incident.
I asked Taber if she thought California enacting a new law last week to beef up battery fire safety oversight could stem the tide of concerns about battery storage. In response, she railed against a separate statute giving energy companies – including battery developers – the ability to work around town ordinances and moratoria targeting their industry.
“Even though the county didn’t consider the community input — which it should’ve — the county process at least still allowed for communities to appeal the project. And they’re also at least supposed to consider what the local zoning code said,” Taber told me. “Local communities are now sidelined all together. They’re saying they don’t care what the concerns are. Where’s the consideration for how these projects are now being sited in high fire zones?”
I was unable to reach Los Angeles County officials before press time for The Fight, but it’s worth noting that, amid the battle over Hecate’s approval, L.A. County planning officials began preparing to update their renewable energy ordinance to include battery storage development regulation – an indication they may need new methods to site and build more battery storage. There’s no timeline for when those changes will take place.
And more of the week’s top news about renewable energy conflicts.
1. Benton County, Washington – A state permitting board has overridden Governor Bob Ferguson to limit the size of what would’ve been Washington’s largest wind project over concerns about hawks.
2. Adams County, Colorado – This is a new one: Solar project opponents here are making calls to residents impersonating the developer to collect payments.
3. Lander County, Nevada – Trump’s move to kill the Esmeralda 7 solar mega-project has prompted incredible backlash in Congress, as almost all of Nevada’s congressional delegation claims that not a single renewables project in the U.S. has gotten a federal permit since July.
A conversation with David Gahl of SI2
This week I spoke with David Gahl, executive director of the Solar and Storage Industries Institute, or SI2, which is the Solar Energy Industries Association’s independent industry research arm. Usually I’d chat with Gahl about the many different studies and social science efforts they undertake to try and better understand siting conflicts in the U.S.. But SI2 reached out first this time, hoping to talk about how all of that work could be undermined by the Trump administration’s grant funding cuts tied to the government shutdown. (The Energy Department did not immediately get back to me with a request for comment for this story, citing the shutdown.)
The following conversation was edited lightly for clarity.
So what SI2 funding could be cut because of the federal shutdown, and what has it been put toward?
On October 1, the Energy Department put out a list of about $7.5 billion in grants they were terminating. Approximately a week later, another larger list of grants that were slated for termination found its way into the press. There’s an outstanding question about what this other list floating around means, and only DOE can verify the document’s accuracy, but we have two projects that were on that bigger list.
The first was $2.5 million supporting research into how power companies engage communities. We were coming up with a list of community engagement innovations — the idea was to actually test, through rigorous social science research at project sites, which of these innovations produces the best outcomes. We were going to have empirical data that said, If you approach communities in this way you’re more likely to get support, and if you approach communities this other way you wouldn’t.
The second was $3 million to bring diverse stakeholders together to talk about siting and permitting reform, best practices, guidance to make development smoother. The concept there was to bring traditionally warring parties to come up with a framework and tools to help the siting process. If you can get people together to come up with best practices, you can typically move things faster.
This was an “uncommon dialogue” – there was “uncommon dialogue” before on hydropower resources – and this was related to large-scale solar facilities and conservation. It’s not location-specific, more bringing the groups together to talk about a higher level set of issues, not specific projects. Keep in mind, this is relatively small potatoes.
What was the status of that work?
It started earlier in the year and it’s been rolling along. There’s been a lot of progress made so far. People have developed work plans and are working through the issues.
If the funding is canceled, there’s also opportunity for private money to potentially step in, but it puts both initiatives in a precarious place. But to the broader point, the administration has talked about how it wants energy “abundance” and more electrons on the grid to meet growing demand. And these projects funded by the department are addressing key problems to putting electrons onto the grid. Cancellation of these grants is just a complete reversal of what they’re talking about in other forums.
How so? Help me understand how this work actually trickles down to individual project decisions.
One of the challenges with siting any kind of large-scale energy project is getting community buy-in and ensuring the permitting process moves smoothly, that parties aren’t going to be litigating against each other. So if you can come up with ways to make sure the communities feel heard and are designed according to what communities want, you can probably avoid some litigation down the road.
Do you have any indication this government supports the work you’re describing?
What they’ve made clear is they want more electrons to come onto the grid to support data centers and the advancement of artificial intelligence. Canceling grants like these … I mean, we’re talking about potentially canceling projects that make it harder to meet the goal of putting more electricity onto the grid.