The Fight

Sign In or Create an Account.

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

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.

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

Meta’s Bacterial Mystery Could Poison the Data Center Well

Water pollution in Wyoming has big implications for the future of data center development.

A data center and water pollution.
Heatmap Illustration/Getty Images

Did a Meta data center introduce a rare, dangerous bacteria into the sewers system of Wyoming’s capitol city? It’s an environmental pollution mystery with an answer that could decide the future of American AI infrastructure development.

Our drama begins in Cheyenne, Wyoming, where the city’s board of public utilities just wrapped up a lengthy investigation into the presence of Cupriavidus gilardii, a potentially lethal bacteria resistant to heavy metals, in the city’s wastewater treatment systems. Apparently, in February, board staff detected the contamination and shut off public access to the city’s water reuse system, a supply of treated non-potable water fed with treated wastewater and used for lawns, athletic fields, and other green spaces. Officials were worried that spraying this water could release into the environment a bacteria found to cause fatal health outcomes in immunocompromised or elderly people who are infected by it.

Keep reading...Show less
Yellow
Q&A

How Big of a Problem Is Data Center Noise?

A conversation with Ross Marchard of the Taxpayers Protection Alliance

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Ross Marchard, executive director for the Taxpayers Protection Alliance, a center-right advocacy group that focuses on what it sees are onerous policies potentially hindering responsible collection and use of tax dollars. TPA’s position on AI clearly skews pro-free market, as they’ve recently defended Anthropic from Trump administration attacks. TPA also recently took on the mantle of defending data centers from noise complaints, publishing a paper on Tuesday “debunking myths about data centers being excessively noisy.” The paper references various analyses of data centers by state legislators and local regulators to argue that claims the sector is generally noisy are false.

I asked TPA’s executive director to chat with me about why and how the organization will try to quell these fears. The conversation was really interesting so I decided to share it with you in full, sans light editing for clarity and consistency.

Keep reading...Show less
Yellow
Hotspots

The Electro-Magnetic Freakout on the Cape

And more of the week’s news around project development.

The United States.
Heatmap Illustration/Getty Images

1. Barnstable County, Massachusetts – I have a whopper of an update on the Vineyard Wind project, which might be in operation but risks becoming fodder in the fight against offshore wind.

  • Like all offshore wind projects, Vineyard Wind has to send power to the coastline via cable. One of the three sites where these giant power lines land is Barnstable, a small shore community, where longtime residents for years have voiced concerns about electromagnetic fields or EMF.
  • Concerns about EMF are comparable to those about infrasound from data centers. We do not know whether these concerns are really rooted in legitimate health impacts, as I have written, but regardless this remains a common concern raised around large high-voltage power lines, including those for offshore wind projects.
  • On June 30, the town’s board of health heard from a group of Barnstable residents who claim to have measured EMF from the town’s wind cable. The same group, Save Greater Downes Beach, had unsuccessfully sought to stop the cables through litigation and public pressure.
  • This board of health meeting was controversial: Ahead of the meeting, the director of Sierra Club’s Massachusetts chapter wrote the board of health requesting their testimony be limited and no action be taken on the findings. “Concerns being raised about electromagnetic field exposure associated with Vineyard Wind 1’s underground export cables are not only invalid but outside of the Board of Health’s jurisdiction,” wrote chapter director Vick Mohanka, according to a copy of the letter posted to Facebook by anti-wind activist Susanne Conley.
  • This Sierra Club chapter was right to be concerned about how this meeting would affect Vineyard Wind. I watched the lengthy testimony before the board of health. Activists presented a case that the town should implore regulators with authority to deeply study the wind farm cables. They asked the board of health to back a state study on EMF and put the question before the Massachusetts permitting regulator, the Energy Facility Siting Board.
  • “We’re not asking the board to place any restrictions or limitations on the project at this time,” Gary Peters, a local medical professional and member of Save Greater Dowses Beach, told the board. “We’re asking you to put that ball in the court of EFSB.”
  • The board was receptive to this request. Board chair F.P. Lee told the group he would “take this under advisement” and said he’d talk to their legal department about it. Daniel Luczkow, the board’s vice chair, said he agreed with activists’ feelings that Barnstable residents were “guinea pigs.”
  • “It sounds like the contention is that these levels we’re measuring are much, much higher than the information given when the project was started,” Luczkow said. “We’re the only place on the planet, maybe, that actually runs these [cables] through a populated area and we have no idea what type of damage they’re causing?”
  • Should Barnstable strenuously take this issue up, I would predict it only be a matter of time before it’s also raised by organs of the federal government. Health and Human Services Secretary Robert F. Kennedy Jr. last year asked the Centers for Disease Control to study negative health impacts from precisely this infrastructure. This kind of hyperlocal squabble is often what manifests as conversation in anti-wind opposition circles, and Vineyard Wind was already causing PR headaches for the energy transition.

2. Prince William County, Virginia – Northern Virginia is officially hostile territory for data center developers, and I learned about it through a call from my mom.

Keep reading...Show less
Yellow