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Hotspots

Battery Fights Burst into Full View

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

Map of renewable energy fights.
Heatmap Illustration

1. Westchester County, N.Y. – Residents in Yonkers are pressuring city officials to renew a moratorium on battery storage before it expires in July.

  • Battery fire fears predictably are the primary issue, per a local news report this week, which stated at least one project proposed by Saw Mill River Energy Storage is on hold pending the resolution of a study commissioned by local officials.

2. Atlantic County, New Jersey – Sorry Atlantic Shores, but you’re not getting your EPA permit back.

  • In a decision Tuesday, the EPA’s Environmental Appeals Board decided not to reconsider a decision by the agency to revoke an air permit for the Atlantic Shores offshore wind project.
  • Crucially, the opinion indicates that the EPA may now have a green light from the appeals board to revoke other permits held by offshore wind projects under President Donald Trump’s anti-wind executive order: “The [EPA’s] expressed intent to reevaluate the Project and its environmental impacts as part of a review called for under the Presidential Memorandum is reasonable, and granting a remand under these circumstances is within the Board’s discretion.”

3. St Clair County, Michigan – We may soon have what appears to be the first-ever county health regulations targeting renewable energy.

  • You may remember we warned you about this – the health department lead in St. Clair County, Remington Nevin, has led efforts to craft regulations on solar, wind, and battery facilities. We predicted at the time it could be a gambit to get around Michigan’s new permitting law that was intended to override local restrictions on renewables.
  • Well, we now have the draft rules, and they would impose noise and visual impact requirements (which the regulation called “visual pollution mitigation”). The county health department would also be required to sign off on any approval of a renewable energy project.
  • County officials held a public comment hearing Wednesday – now we wait for a final decision on this move.

4. Freeborn County, Minnesota – Officials in this county have rejected a Midwater Energy Storage battery storage project citing concerns about fires.

  • Apparently, the project would also be sited near a state-designated protected river. As we’ve previously explained, concerns about environmental and wildlife impacts are the most likely tripwire for communities to become hostile to developers.

5. Little River County, Arkansas – A petition circulating in this county would put the tax abatement for a NextEra solar project up for a vote county-wide.

6. Van Zandt County, Texas – Officials in this county have reportedly succeeded in getting a court to impose a restraining order against Taaleri Energy to halt the Amador battery storage project.

  • The order will last for 14 days and is intended to give the company time to prove the project complies with national fire codes.

7. Gillespie County, Texas – Peregrine Energy’s battery storage proposal in the rural town of Harper is also facing a mounting local outcry.

  • Residents are most concerned about the proximity to a nearby school and have adopted the slogan, “Don’t BESS With Texas.” (Not sure how I feel about how catchy that is.)

8. Churchill County, Nevada – Battery storage might be good for Nevada mining, but we have what appears to be our first sign of revolt against the technology in the state.

  • People living in and near the tiny desert town of Fallon are resisting a Redwood Materials’ storage facility that was already approved by the county planning commission.
  • Per local news reports, concerned locals are calling for additional permitting requirements on the project, but county officials are siding right now with Redwood. The next hearing on the project is tomorrow.
9. San Luis Obispo County, California – Vistra, the company overseeing the now-defunct Moss Landing battery project, has withdrawn its application with the town of Morro Bay to build a new battery storage project.

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Hotspots

Trump Administration to ‘Reconsider’ Approval for MarWin

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

The United States.
Heatmap Illustration/Getty Images

1. Sussex County, Delaware – The Trump administration has confirmed it will revisit permitting decisions for the MarWin offshore wind project off the coast of Maryland, potentially putting the proposal in jeopardy unless blue states and the courts intervene.

  • Justice Department officials admitted the plans in a paragraph tucked inside a filing submitted to a federal court in Delaware this week in litigation brought by a beach house owner opposed to the offshore wind project.
  • DOJ stated in the filing that more time was “necessary as Interior intends to reconsider its [construction and operations plan] approval” for MarWin, and that it plans to “move” for “voluntary remand of that agency action” in a separate case filed by Ocean City, Maryland against the project.
  • “The outcome of Interior’s reconsideration has the potential to affect the Plaintiff’s claims in this case,” the filing stated. “Continuing to litigate this case before any decision is made in the [Ocean City case] would potentially waste considerable time and resources for both the parties and the Court.” As of today, no new filings have been made in the Ocean City case.

2. Northwest Iowa – Locals fighting a wind project spanning multiple counties in northern Iowa are opposing legislation that purports to make renewable development easier in the state.

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Q&A

Should Renewable Energy Companies Sue Trump?

They don’t have much to lose, Heiko Burow, an attorney at Baker & Mackenzie, tells me.

Heiko Burow.
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This week, since this edition of The Fight was so heavy, I tried something a little different: I interviewed one of my readers, Heiko Burow, an attorney with Baker & Mackenzie based in Dallas, Texas. Burow doesn’t work in energy specifically – he’s an intellectual property lawyer – but he’s read many of my scoops over the past few weeks about attacks on renewable energy and had legitimate criticism! Namely, as a lawyer who is passionate about the rule of law, he wanted to send a message to any developers and energy wonks reading me to use the legal system more often as a tool against attacks on their field.

The following conversation has been abridged for clarity. Let’s dive in.

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Spotlight

Interior’s Renewables Attacks Snag Power Lines

Nevada's Greenlink North is hit with a short, but ominous delay.

Solar panels and pylons.
Heatmap Illustration/Getty Images

I can now confirm the Trump administration’s recent attacks on renewables permitting appear to be impacting transmission projects, too.

Over the past two weeks, the Interior Department has laid forth secretarial orders implementing a new regime for renewables permitting on federal lands. This has appeared to essentially kill the odds of utility-scale solar or wind projects on federal land getting approved any time soon. Public timetables for large solar projects across the American West have suddenly slipped back by years-long intervals, and other mega-projects – like Esmeralda 7 – appear now to be trapped in limbo.

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