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Hotspots

Agri-Voltaics Anguish, Offshore Wind Wailing

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

Map.
Heatmap Illustration

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

Is North Dakota Turning on Wind?

The state formerly led by Interior Secretary Doug Burgum does not have a history of rejecting wind farms – which makes some recent difficulties especially noteworthy.

Doug Burgum.
Heatmap Illustration/Getty Images, Library of Congress

A wind farm in North Dakota – the former home of Interior Secretary Doug Burgum – is becoming a bellwether for the future of the sector in one of the most popular states for wind development.

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Hotspots

Two Fights Go Solar’s Way, But More Battery and Wind Woes

And more of the week’s top news about renewable energy conflicts.

The United States.
Heatmap Illustration/Getty Images

1. Staten Island, New York – New York’s largest battery project, Swiftsure, is dead after fervent opposition from locals in what would’ve been its host community, Staten Island.

  • Earlier this week I broke the news that Swiftsure’s application for permission to build was withdrawn quietly earlier this year amid opposition from GOP mayoral candidate Curtis Sliwa and other local politicians.
  • Swiftsure was permitted by the state last year and given a deadline of this spring to submit paperwork demonstrating compliance with the permit conditions. The papers never came, and local officials including Sliwa called on New York regulators to reject any attempt by the developer to get more time. In August, the New York Department of Public Service gave the developer until October 11 to do so – but it withdrew Swiftsure’s application instead.
  • Since I broke the story, storage developer Fullmark – formerly Hecate Grid – has gone out of its way to distance itself from the now-defunct project.
  • At the time of publication, Swiftsure’s website stated that the project was being developed by Hecate Grid, a spin-off of Hecate Energy that renamed itself to Fullmark earlier this year.
  • In a statement sent to me after the story’s publication, a media representative for Fullmark claimed that the company actually withdrew from the project in late 2022, and that it was instead being managed by Hecate Energy. This information about Fullmark stepping away from the project was not previously public.
  • After I pointed Fullmark’s representatives to the Swiftsure website, the link went dead and the webpage now simply says “access denied.” Fullmark’s representatives did not answer my questions about why, up until the day my story broke, the project’s website said Hecate Grid was developing the project.

2. Barren County, Kentucky – Do you remember Wood Duck, the solar farm being fought by the National Park Service? Geenex, the solar developer, claims the Park Service has actually given it the all-clear.

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Q&A

Should the Government Just Own Offshore Wind Farms?

A chat with with Johanna Bozuwa of the Climate and Community Institute.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Johanna Bozuwa, executive director of the Climate and Community Institute, a progressive think tank that handles energy issues. This week, the Institute released a report calling for a “public option” to solve the offshore wind industry’s woes – literally. As in, the group believes an ombudsman agency akin to the Tennessee Valley Authority that takes equity stakes or at least partial ownership of offshore wind projects would mitigate investment risk, should a future Democratic president open the oceans back up for wind farms.

While I certainly found the idea novel and interesting, I had some questions about how a public office standing up wind farms would function, and how to get federal support for such an effort post-Trump. So I phoned up Johanna, who cowrote the document, to talk about it.

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