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Hotspots

Agri-Voltaics Anguish, Offshore Wind Wailing

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

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1. Douglas County, Kansas – A legal headache is consuming Kansas Sky Energy Center, a 159-megawatt solar project proposed by Savion and Evergy … and showcasing how “agri-voltaics” may not be the community engagement panacea some in industry are praying for, according to legal filings reviewed by Heatmap.

  • The Douglas Board of County Commissioners approved the project earlier this year unanimously in spite of a petition from nearly property owners to oppose the project. After that, landowners and the small neighboring community of Grant Township sued the county commissioners to invalidate the approval.
  • The litigation accuses the Board Chair Karen Willey of essentially orchestrating the approval and the solar project’s agri-voltaics plans without meaningful local consultation, per the most recent amended complaint filed by the aggrieved community members.
  • The complaint gets ugly real fast, citing texts and emails to allege some sort of conspiracy between Willey, Savion employees, and The Nature Conservancy, the environmental nonprofit, which was brought in to assist with the agri-voltaics plans.
  • “Commissioner Karen Willey, a well-known opponent of production farming and a critic of the accepted farming principles that enable Kansas farmers to feed the world,” states the complaint filed in August, “orchestrated the request and approval process to fulfill her pre-set personal agenda.”
  • Willey and the rest of the board have denied all of the wrongdoing alleged in the suit and are fighting it vigorously.
  • Irrespective of the merits, this one’s a headache, and must be eating up lots of time and money for developers and the local government. Yesterday a federal judge sent the case to state court after a prolonged fight over jurisdiction.
  • This can be a fraught place to develop solar, as NextEra Energy has experienced with its West Gardner solar project.

2. Worcester County, Maryland – We finally get to see the contours of the legal strategy against the Maryland Offshore Wind Project, after Ocean City and surrounding local business and government officials filed their lawsuit last week.

  • In their complaint, opponents primarily cite environmental protection laws and issues like “segmenting” environmental impacts that are “cumulative” under NEPA (i.e. looking at them separately instead of together).
  • The lawsuit also argues the government failed to properly consider the impacts of climate change on the wind project.
  • Ocean City and its allies are represented in the case by locally-based attorney Bruce Bight of the D.C. law firm Marzulla, which is also representing fishermen fighting offshore wind in New England.

3. Barnstable County, Massachusetts – Another blow to offshore wind came Friday in the coastal town of Barnstable where leaders voted to oppose cable landings for Avangrid’s New England Wind 2 project.

  • The town’s non-binding resolution opposing the cable landings came after a citizens group waged a pressure campaign – including litigation – to make the town ditch a host community agreement with Avangrid.
  • Avangrid did not immediately respond to a request for comment.

4. Somewhere near Houston, Texas – The small city of Katy rejected a 500-megawatt battery storage project proposed by Ochoa Energy despite the community struggling with regular blackouts.

  • During the city council’s meeting last week on the project, city councilors discussed crafting their own anti-storage moratorium and cited other communities with new restrictions, including specifically Escondido, California.
  • The rejection was at least partially based on fear. Katy City Councilor Gina Hicks said she personally supported construction but local opposition made it impossible for her to support the project as an elected representative.
  • The vote against Ochoa’s proposal came after an uproar at another recent public meeting on the project, per Hicks, who predicted “brownouts” and “blackouts” without the project.
  • “Just know that we as a community chose this and I will represent what the community wants versus what I feel is personally best for this decision,” she said.

Here’s what else I’m keeping tabs on…

In Iowa, a county fighting the Worthwhile Wind farm proposed by Invenergy is asking outside legal counsel for help after a federal judge ruled the project could resume construction.

In Kentucky, the mayor of Lexington city Linda Gorton testified against construction of a 40-megawatt solar farm proposed by the East Kentucky Power Cooperative.

In Massachusetts, a private non-profit that operates historic sites in Nantucket has withdrawn from the Vineyard Wind good neighbor agreement.

In Michigan, the tiny town of Groveland Township is trying to get a restrictive battery storage ordinance in place before a new state law curbing local control comes into effect. (Sorry you’re dealing with this one, Vesper Energy.)

In Virginia, Dominion Energy has sold a non-controlling 50% stake in Coastal Virginia Offshore Wind as public comments resume on the proposed project (which haven’t always been favorable).


Editor's note: A previous version of this article misidentified one of the companies behind the Kansas Sky Energy Center. It has been corrected. We regret the error.

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Spotlight

The Trump Administration Is Now Delaying Renewable Projects It Thinks Are Ugly

The Army Corps of Engineers is out to protect “the beauty of the Nation’s natural landscape.”

Donald Trump, wetlands, and renewable energy.
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A new Trump administration policy is indefinitely delaying necessary water permits for solar and wind projects across the country, including those located entirely on private land.

The Army Corps of Engineers published a brief notice to its website in September stating that Adam Telle, the Assistant Secretary of the Army for Civil Works, had directed the agency to consider whether it should weigh a project’s “energy density” – as in the ratio of acres used for a project compared to its power generation capacity – when issuing permits and approvals. The notice ended on a vague note, stating that the Corps would also consider whether the projects “denigrate the aesthetics of America’s natural landscape.”

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Hotspots

A Data Center Dies in Wisconsin

Plus more of the week’s biggest renewable energy fights.

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Dane County, Wisconsin – The QTS data center project we’ve been tracking closely is now dead, after town staff in the host community of DeForest declared its plans “unfeasible.”

  • As I previously explained to Fight readers, this QTS project was a quintessential data center conflict. Not only was it situated in a blue county inside of a purple state, but a recent imbroglio over emails between the village mayor and QTS have made it a key example of how private conversations between tech companies and local governments can tarnish the odds of getting a data center permitted.
  • Late Tuesday, DeForest town staff issued a public statement disclosing they would recommend rejecting QTS’ petition to annex land for construction, without which the developer can’t build. A vote on whether to formally deny the petition was scheduled for February 3.
  • If the town rejects the project, the statement reads, DeForest staff expect QTS to “formally withdraw” its request for changes to land zoning plans and the annexation application. The town also cited vociferous opposition to the project, declaring: “The Village of DeForest appreciates the dedicated engagement of our community. Engagement is at the core of democracy. Reviewing public information, participating in public meetings, and discussing potential opportunities and impacts are all important civic activities.”
  • I was prepared to wait and see what happened at the public meeting before declaring this project dead in the water, but QTS itself has gone and done it : “Through our engagement, it has become clear that now is not the right time for our proposed project to move forward in DeForest.”

Marathon County, Wisconsin – Elsewhere in Wisconsin, this county just voted to lobby the state’s association of counties to fight for more local control over renewable energy development.

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Q&A

How Data Centers Became an Election Issue in Georgia

A conversation with Georgia Conservation Voters’ Connie Di Cicco.

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This week’s conversation is with Connie Di Cicco, legislative director for Georgia Conservation Voters. I reached out to Connie because I wanted to best understand last November’s Public Service Commission elections which, as I explained at the time, focused almost exclusively on data center development. I’ve been hearing from some of you that you want to hear more about how and why opposition to these projects has become so entrenched so quickly. Connie argues it’s because data centers are a multi-hit combo of issues at the top of voters’ minds right now.

The following conversation has been lightly edited for clarity.

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