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Hotspots

Deathwatch for Atlantic Shores?

And more of the week’s top news in renewable energy fights.

Renewable energy fights across the country.
Heatmap Illustration/Getty Images

1. Atlantic County, New Jersey – The Atlantic Shores offshore wind project is on deathwatch.

  • Earlier today, Shell announced it would pull out of its 50-50 joint venture with EDF Renewables to develop the Atlantic Shores offshore wind project off the coast of New Jersey.
  • Atlantic Shores then sent us a statement unprompted, saying they’re “committed” to developing New Jersey’s first offshore wind site.
  • “Business plans, projects, portfolio projections and scopes evolve over time – and as expected for large, capital-intensive infrastructure projects like ours, our shareholders have always prepared long-term strategies that contemplate multiple scenarios that enable Atlantic Shores to reach its full potential,” the statement read.
  • It continued: “While we can’t comment on the views of shareholders, Atlantic Shores intends to continue progressing New Jersey’s first offshore wind project and our portfolio in compliance with our obligations to local, state and federal partners under existing leases and relevant permits.”
  • As we previously explained, we anticipate this project to face challenges to the legality of its permits and leases, as previewed by the Trump administration.

2. Waldo County, Maine – The Sears Island saga is moving to the state legislature, as a cadre of lawmakers push to block construction of a floating offshore wind turbine construction facility there before Trump leaves office.

  • As we previously explained, Sears Island – a bucolic recreation destination off the coast of Maine – is the state’s favored spot for building an assembly site for floating offshore wind turbines. Floating offshore wind is preferred by some Maine politicians, including Gov. Janet Mills, because it would reduce impacts to fisheries closer to the shoreline.
  • Despite Trump’s edict blocking offshore wind, Maine has a pathway to stay the course toward eventual development, because researchers have a lease to test more floating offshore wind turbines in the Gulf of Maine. There’s a world where development of a construction port on Sears Island happens in tandem with that research.
  • However, we’re watching this risk to that pathway: a group of Republicans in the state legislature – joined by a Democratic lawmaker and a non-voting representative of the Passamaquoddy Tribe – have introduced a bill to permanently turn Sears Island into a conservation site, taking the island off the table for wind development.
  • Hindering offshore wind development overall might be the goal of the bill, which was introduced the day after Trump restricted all new offshore development Its lead author is state Rep. Reagan Paul, who has also called on the governor to stop all state spending on offshore wind. Paul was in D.C. for Trump’s inauguration celebrations.
  • It’s unclear whether the legislation stands a chance at becoming law. But it is clear some state Republicans are going to do what they can to stop the Sears Island wind port, which will matter if the state tries to get project permits under Trump.

3. San Luis Obispo County, California – The Moss Landing battery fire has sparked a new push for the state to slow approvals for BESS development. Unlike Sears Island, the push is being led by a Democratic lawmaker who has supported rapid climate action.

  • State assemblywoman Dawn Addis – who represents Moss Landing and communities impacted by the disaster – just introduced legislation that would remove battery storage facilities from the California Energy Commission’s opt-in certification program, effectively giving cities and counties much more control over BESS siting.
  • “I absolutely have been a champion, believe that we live in a climate crisis and have to have solutions,” Addis said at a press conference announcing the bill. “Along with those solutions, we have to have safety.”
  • This bill would give locals more control because the opt-in program lets companies ask the state to override concerns at the municipal level. It would also likely stop a Vistra Energy battery project in Morro Bay, where the company has been stonewalled and decided to go to the Commission instead.
  • It’s too early to tell whether the bill stands a chance at becoming law, but it’s clear the state is trying to reassure residents that BESS is safe. Earlier this week state regulators proposed updating their emergency response guidance for responding to BESS fires.
  • This is all despite the Moss Landing fire being tied to very unique circumstances.

4. Greene County, New York – A solar farm fight is testing whether the state of New York’s climate law can be used to override local opposition to renewables projects.

  • A mid-level appellate judge ruled this week that the state’s 2019 Climate Act provides a legal basis for the state to conclude construction of some new solar and wind projects are in the overall public interest.
  • The case surrounds a Freeport Solar project in the town of Athens, where the local zoning board rejected the project claiming it was not a “public necessity.” Athens has said they will now take the case to the Court of Appeals, New York’s highest court.

5. Fairfield County, Ohio – The Ohio Public Siting Board held a hearing on Tuesday to consider the environmental certificate for EDF Renewables’ Eastern Cottontail solar project.

6. Multnomah County, Oregon – A transmission line proposal known as the Harborton Reliability Project is facing hurdles in the city of Portland, where city planners are recommending the city reject plans to cut down forest to build it.

  • The recommendations pit the city’s permitting staff against utility Portland General Electric as well as the area’s member of Congress, Rep. Earl Blumenauer, who endorsed the project.
  • A decision on whether city regulators will reject the project based on the recommendations is expected in early March, according to Axios Portland, who reports the decision may be appealed to the city council.

Here’s what else we’re watching ...

In Idaho, Ada County is drafting up a new restrictive ordinance related to renewables on farmland.

In Virginia, a Savion solar project in Nelson County is facing an uphill climb for local approvals.

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Spotlight

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

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

The United States.
Heatmap Illustration/Getty Images

1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

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Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

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