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Hotspots

Agri-Voltaics Anguish, Offshore Wind Wailing

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

Map.
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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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Q&A

An America First Strategy for Renewable Energy?

A conversation with Tim Brightbill of Wiley Rein LLP

Tim Brightbill of Wiley Rein LLP.
Heatmap Illustration

Today we’re talking with Tim Brightbill, a trade attorney at Wiley Rein LLP and lead counsel for a coalition of U.S. solar cell and module manufacturers – the American Alliance for Solar Manufacturing Trade Committee. Last week, his client won a massive victory – fresh tariffs on south Asian solar panel parts – on the premise that Chinese firms are dumping cheap products in the region to drive down prices and hurt American companies. It’s the latest in a long series of decadal trade actions against solar parts with Chinese origin.

We wanted to talk to Tim about how this move could affect developers, if an America-first strategy could help insulate solar from political opposition, and how this could play out in next year’s talks over the future of the IRA. The following conversation was lightly edited for clarity.

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Policy Watch

The IRA’s Coming China Change

And more of the week’s biggest news around renewable energy policy.

Trump.
Heatmap Illustration/Getty Images

Sourcing requirements – As we explain in our Q&A today, there’s momentum building in Washington, D.C., to attach new sourcing requirements to an IRA credit for advanced manufacturing known as 45X.

  • 45X is supposed to supercharge production of battery and solar components, as well as key minerals and materials for those components that are largely imported from China or what U.S. trade officials believe are Chinese pass-throughs.
  • Some U.S. companies are now quietly urging Congress to enact a “foreign entity of concern” requirement to 45X that would essentially stop battery and solar manufacturing plants with Chinese business involvement from qualifying.
  • Why? Well, doing this would definitely insulate the credit from GOP repeal by tying it not to rapid decarbonization but instead American blue collar jobs.
  • Patrick Donnelly, chief commercial officer for Anovion, told attendees of a Hill briefing I moderated earlier this week that he wants to see this happen because it would be a “game changer” for domestic manufacturing. “I’ve heard some Republicans talking about it already.”
  • But it could also undermine the effectiveness of the credit for climate purposes. Similar requirements were tacked onto the IRA’s EV consumer credit that curtailed its reach and meant many cars couldn’t access the benefit.

Virginia’s planning – The state of Virginia is looking at its own plans to override local objections, which would make it one of the few GOP-led states to do so.

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Hotspots

Is Trump Already Killing Off Renewable Energy Projects?

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

Map of renewable energy conflicts.
Heatmap Illustration

Queens County, New York – TotalEnergies’ first Attentive Energy offshore wind project might be the canary in the Trumpy renewables coal mine.

  • The New York wind project in the bight has been indefinitely paused, according to TotalEnergies CEO Patrick Pouyenne, meaning we have our first offshore wind derailment of the Trump era, many weeks before he’s even taken office.
  • It’s unclear how connected Trump is to the move. Attentive Energy also pulled out of New York state’s fifth offshore wind solicitation before this news dropped, which also arrived days before the Bureau of Ocean Energy Management implemented new requirements for projects built in the area where the project would be built.
  • However, remember that even though Attentive Energy has little opposition in New York State, anti-offshore activists are aggressively challenging efforts by New Jersey state to buy power from the project.
  • We’ll have to wait and see if this decision is a domino for other offshore wind curtailments. But we’re already seeing evidence, as Shell announced hours ago it is no longer investing in new offshore wind projects.

Clinton County, Michigan – EV manufacturing news in Michigan is showing that fallout from Trump’s election may not be limited to offshore wind, and could creep into other projects facing grassroots opposition.

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