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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

Inside the Data Center Lobby’s Quiet Ad Blitz

What’s the deal with all those “America Connects” videos?

Data center.
Heatmap Illustration | Unsplash

The data center lobby is launching a big PR blitz on television and social media, racking up millions of views on evidently AI-generated content boasting economic impacts from new projects and hitting against criticism around energy and water use.

In an interview with me Wednesday, Data Center Coalition CEO Josh Levi explained how and why his organization – the largest and most prominent data center trade group – stood up an “evolving” national advertising campaign called America Connects.

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Hotspots

The Data Center Most Likely to Get Investigated by a Democratic Congress

And more of the week’s top news around project fights.

Map of data center and renewable energy fights.
Heatmap Illustration

1. Richland Township, Louisiana - The Meta Hyperion project is suddenly now a central focus of activists and media coverage, just as it is seeking environmental permits for a key gas pipeline.

  • A number of painful investigations about Hyperion published in the last week: a New York Times profile of the local negotiations surrounding the deal that involved interviews with more than 40 people, painting the entire development as secretive. Then came an article from States Newsroom’s Louisiana affiliate claiming Governor Jeff Landry’s staff signed more than 100 NDAs, including some with Meta. Environmental advocates are trying to marshal up more public opposition to the project; on Monday, Earthjustice and advocates they’re working with on the ground in the Bayou are holding a press conference about Hyperion.
  • Why all the attention now? For starters, the state regulatory commission is considering whether to approve more gas plants at the project site. In addition, a Federal Register notice published last week disclosed ETC Tiger filed paperwork with the Federal Regulatory Energy Commission to get authorization for a gas pipeline that’ll pump roughly 1 million dekatherms per day to Hyperion. (A single dekatherm is a common measurement for gas transport volume equal to about 1,000,000 BTUs, so you do the math on how massive that pipeline is going to be.)
  • Louisiana is a hot bed for environmental justice advocacy because of Cancer Alley and a long legacy of offshore oil and gas development. I expect that as we saw under Trump 1.0, this amount of media coverage will lead to this project becoming an oversight topic in Congress, especially given the likelihood of prolonged federal review.

2. Memphis, Tennessee – Hyperion won’t be the first data centers that House Democrats go after if they retake the lower chamber in Congress though – that looks like it’ll be xAI’s Colossus projects. Congrats, Elon!

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Q&A

Is Trump to Blame When Data Centers Choose Gas?

A conversation with Peter Gardett of Noreva

Is Trump to Blame When Data Centers Choose Gas?

This week’s conversation is with Peter Gardett, CEO of the AI-powered energy market research firm Noreva. Before helming the price and deal research consultancy, Gardett built a strong repertoire as an energy expert spearheading analysis at S&P Global, IHS Markit, and Argus Media. I reached out to Gardett because I wanted a candid conversation about the fuel choices data center companies are making under the Trump administration and, to my delight, Gardett was open to sitting in my hot seat.

Let’s get into it then. The following conversation was lightly edited for clarity.

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