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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.
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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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Hotspots

Judge, Siding With Trump, Saves Solar From NEPA

And more on the week’s biggest conflicts around renewable energy projects.

The United States.
Heatmap Illustration/Getty Images

1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.

  • We previously reported that this lawsuit filed by frustrated Kansans targeted implementation of the IRA when it first was filed in February. That was true then, but afterwards an amended complaint was filed that focused entirely on the solar farm at the heart of the case: NextEra’s Jeffrey Solar. The case focuses now on whether Jeffrey benefiting from IRA credits means it should’ve gotten reviewed under the National Environmental Policy Act.
  • Perhaps surprisingly to some, the Trump Justice Department argued against these NEPA reviews – a posture that jibes with the administration’s approach to streamlining the overall environmental analysis process but works in favor of companies using IRA credits.
  • In a ruling that came down on Tuesday, District Judge Holly Teeter ruled the landowners lacked standing to sue because “there is a mismatch between their environmental concerns tied to construction of the Jeffrey Solar Project and the tax credits and regulations,” and they did not “plausibly allege the substantial federal control and responsibility necessary to trigger NEPA review.”
  • “Plaintiffs’ claims, arguments, and requested relief have been difficult to analyze,” Teeter wrote in her opinion. “They are trying to use the procedural requirements of NEPA as a roadblock because they do not like what Congress has chosen to incentivize and what regulations Jackson County is considering. But those challenges must be made to the legislative branch, not to the judiciary.”

2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.

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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

A data center.
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Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.

The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.

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Q&A

How the Wind Industry Can Fight Back

A conversation with Chris Moyer of Echo Communications

The Q&A subject.
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Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”

Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.

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