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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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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

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Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

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