The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Q&A

How Developers Should Think of the New IRA Credit Rules

A conversation with Scott Cockerham of Latham and Watkins.

How Developers Should Think of the New IRA Credit Rules

This week’s conversation is with Scott Cockerham, a partner with the law firm Latham and Watkins whose expertise I sought to help me best understand the Treasury Department’s recent guidance on the federal solar and wind tax credits. We focused on something you’ve probably been thinking about a lot: how to qualify for the “start construction” part of the new tax regime, which is the primary hurdle for anyone still in the thicket of a fight with local opposition.

The following is our chat lightly edited for clarity. Enjoy.

Keep reading...Show less
Hotspots

An Influential Anti-ESG Activist Targets A Wind Farm

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

Map of renewable energy fights.

1. Carroll County, Arkansas – The head of an influential national right-wing advocacy group is now targeting a wind project in Arkansas, seeking federal intervention to block something that looked like it would be built.

  • Will Hild, executive director of Consumers’ Research, recently called on the Trump administration to intervene against the development of Scout Clean Energy’s Nimbus wind project in Arkansas. Consumers’ Research is known as one of the leading anti-ESG advocacy organizations, playing a key role in the “anti-woke” opposition against the climate- and socially-conscious behavior of everyone from utilities to Anheuser-Busch.
  • In a lengthy rant posted to X earlier this month, Hild pointed to Carroll County’s local moratorium on wind projects and claimed Nimbus being built would be “a massive win for ESG radicals – and a slap in the face for local democracy.”
  • As I told you in April, the Nimbus project prompted Carroll County to enact the moratorium but it was grandfathered in because of contracts signed prior to the ban’s enactment.
  • However, even though Nimbus is not sited on federal land, there is a significant weak point for the project: its potential impacts on endangered birds and bats.
  • Scout Clean Energy has been working with the Fish and Wildlife Service since at least 2018 under Trump 1.0. However, the project’s habitat conservation plan was not completed before the start of the current Trump term and Scout did not submit an application for Nimbus to receive an incidental take permit from the Service until May of this year.
  • Enter the Trump administration’s bird-centric wind power crackdown and the impact of Hild’s commentary comes into fuller focus. What will happen to all the years of work that Scout and the Service did? It’s unclear how the project reckons with this heightened scrutiny and risk of undue federal attention.

2. Suffolk County, New York – EPA Administrator Lee Zeldin this week endorsed efforts by activists on Long Island to oppose energy storage in their neighborhoods.

Keep reading...Show less
Spotlight

Trump’s Permit Freeze Prompts Some Solar to Eye Exits

Is there going to be a flight out of Nevada?

Solar in Nevada.

Donald Trump’s renewables permitting freeze is prompting solar companies to find an escape hatch from Nevada.

As I previously reported, the Interior Department has all but halted new approvals for solar and wind projects on federal lands. It was entirely unclear how that would affect transmission out west, including in the solar-friendly Nevada desert where major lines were in progress to help power both communities and a growing number of data centers. Shortly after the pause, I took notice of the fact that regulators quietly delayed the timetable by at least two weeks for a key line – the northern portion of NV Energy’s Greenlink project – that had been expected to connect to a litany of solar facilities. Interior told me it still planned to complete the project in September, but it also confirmed that projects specifically necessary for connecting solar onto the grid would face “enhanced” reviews.

Keep reading...Show less
Hotspots

Surprise! A Large Solar Farm Just Got Federal Approval

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

The United States.

1. Lawrence County, Alabama – We now have a rare case of a large solar farm getting federal approval.

  • The Tennessee Valley Authority last week quietly published its record of decision formally approving the 200-megawatt Hillsboro Solar project. The TVA – a quasi-federal independent power agency that delivers electricity across the Southeast – completed the environmental review for the project in June, prior to the federal government’s fresh clampdown on permits for renewables, and declared the project essential to meeting future energy demand.
  • It’s honestly sort of a miracle this was even able to happen. The Trump administration has sought to strongarm the agency into making resource planning decisions in line with the president’s political whims, and has successfully browbeaten the TVA’s board into backing away from certain projects.

2. Virginia Beach, Virginia – It’s time to follow up on the Coastal Virginia offshore wind project.

Keep reading...Show less