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How Developers Should Think of the New IRA Credit Rules
Q&A

How Developers Should Think of the New IRA Credit Rules

A conversation with Scott Cockerham of Latham and Watkins.

Hotspots

An Influential Anti-ESG Activist Targets A Wind Farm

And more of the week’s most important news around renewable energy conflicts.

Spotlight

Trump’s Permit Freeze Prompts Some Solar to Eye Exits

Is there going to be a flight out of Nevada?

Hotspots

Surprise! A Large Solar Farm Just Got Federal Approval

And more on the week’s most important conflicts around renewable energy projects.

Yellow
Elizabeth McCarthy.

Permitting on Federal Land Has Long Been a Headache

A conversation with Elizabeth McCarthy of the Breakthrough Institute.

Yellow
Hotspots

Trump Administration to ‘Reconsider’ Approval for MarWin

And more of the week’s most important conflicts around renewable energy.

The United States.
<p>Heatmap Illustration/Getty Images</p>

1. Sussex County, Delaware – The Trump administration has confirmed it will revisit permitting decisions for the MarWin offshore wind project off the coast of Maryland, potentially putting the proposal in jeopardy unless blue states and the courts intervene.

  • Justice Department officials admitted the plans in a paragraph tucked inside a filing submitted to a federal court in Delaware this week in litigation brought by a beach house owner opposed to the offshore wind project.
  • DOJ stated in the filing that more time was “necessary as Interior intends to reconsider its [construction and operations plan] approval” for MarWin, and that it plans to “move” for “voluntary remand of that agency action” in a separate case filed by Ocean City, Maryland against the project.
  • “The outcome of Interior’s reconsideration has the potential to affect the Plaintiff’s claims in this case,” the filing stated. “Continuing to litigate this case before any decision is made in the [Ocean City case] would potentially waste considerable time and resources for both the parties and the Court.” As of today, no new filings have been made in the Ocean City case.

2. Northwest Iowa – Locals fighting a wind project spanning multiple counties in northern Iowa are opposing legislation that purports to make renewable development easier in the state.

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Q&A

Should Renewable Energy Companies Sue Trump?

They don’t have much to lose, Heiko Burow, an attorney at Baker & Mackenzie, tells me.

Heiko Burow.
<p>Heatmap Illustration</p>

This week, since this edition of The Fight was so heavy, I tried something a little different: I interviewed one of my readers, Heiko Burow, an attorney with Baker & Mackenzie based in Dallas, Texas. Burow doesn’t work in energy specifically – he’s an intellectual property lawyer – but he’s read many of my scoops over the past few weeks about attacks on renewable energy and had legitimate criticism! Namely, as a lawyer who is passionate about the rule of law, he wanted to send a message to any developers and energy wonks reading me to use the legal system more often as a tool against attacks on their field.

The following conversation has been abridged for clarity. Let’s dive in.

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