The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Hotspots

The Vineyard Wind Lawsuit 2.0

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

The Vineyard Wind Lawsuit 2.0

1. Nantucket County, Massachusetts – Welcome to the Vineyard Wind lawsuit 2.0.

  • Fishermen represented by a conservative legal group – the Texas Public Policy Foundation – filed a petition to the Supreme Court this week asserting that the justices can now reconsider approvals for the Vineyard Wind offshore wind project because of the high court’s decision to overturn the Chevron doctrine, a now-defunct judicial precedent that courts defer to agencies on statutory interpretation.
  • It’s not entirely clear whether overturning Chevron will produce a different outcome than the Court’s decision to ignore the last petition from fisherman about Vineyard Wind’s permits. But the argument is definitely different, as the new petition argues a lower court wrongly deferred to agency interpretation of federal laws used to approve the project.
  • The Texas Public Policy Foundation did not respond to requests to discuss this case.

2. Carroll County, Maryland – Carroll County commissioners are intervening in the state permitting fight over two relatively small solar projects, in what has become a wider proxy battle between the county and the state over solar on farmland.

  • This week commissioners filed to intervene against two solar projects that will produce fewer than 5 megawatts of energy each. The county has formally sought to ban solar on farmland and opposes all such projects within its boundaries – but the state Public Service Commission has the final say on these projects.

3. Barren County, Kentucky – Somehow this large-scale 100-megawatt solar farm proposed by Geenex is having an easier time in Kentucky than in Maryland. Why?

  • One reason is that, according to an analysis by Heatmap Pro, our software platform that assesses community sentiments around renewable energy, Carroll County is much wealthier and denser than Barren County, both big signals for opposition. (Carroll County’s opposition score, our predictor of NIMBYism, is almost 30 points higher than Barren’s.) And, despite being in a red state, Barren residents are more supportive of renewable energy even in the abstract than blue-state Carroll.
  • Another reason, according to media reports, is because there are no real zoning requirements for the project. Opponents typical of the fights we cover here are raising complaints, but the project’s going to go in as long as it meets minimum local environment and safety standards.
  • “I can certainly sympathize with maybe some of the angst that’s there. Without having zoning in our county, we cannot dictate any use that takes place,” Myatt told local ABC affiliate WBKO. “So hopefully this spurs some discussion with regards to having countywide zoning because in truth, there is no way to stop any kind of development, or even have a say on it, without having county-wide zoning.”

4. Osage County, Oklahoma – A federal judge paused the removal of the Enel wind farm that was ordered last year to be removed over opposition from Native tribes.

  • U.S. Court of International Trade judge Jennifer Choe-Groves stayed implementation of the order pending an appeal of the decision. Choe-Groves was designated to oversee the case before the federal district court in northern Oklahoma.
  • You can read the ruling here, but here’s the important line: Choe-Groves ruled that if the stay was not granted, Enel “would be required to complete the costly and potentially irreversible process of deconstructing the wind farm before the appellate court has an opportunity to consider the case.”

5. Albany County, Wyoming – It seems the conservative anti-renewables advocates working against offshore wind are quietly involved in fighting Repsol’s Rail Tie wind project in Wyoming.

  • As I previously reported, eagle conservation advocates in Wyoming have asked the Trump administration to halt permitting for Rail Tie and other wind projects in the state.
  • In a blog post Monday, David Wojick of CFACT – one of the main groups we’ve reported is involved in efforts to lobby Trump to kill more wind projects – endorsed the cause of the activists fighting Repsol’s Rail Tie wind project.
  • Wojick also called for the federal government to expend more resources on tracking eagle deaths from wind farms and suggested the government should force wind projects to shut down if they kill a certain number of eagles.He said another member of CFACT, Maggie Immen, is involved in fighting the project. This shouldn’t be a surprise given her proclivity for eagle costumes

.

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

The New Transmission Line Pitting Trump’s Rural Fans Against His Big Tech Allies

Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.

Donald Trump, Maryland, and Virginia.
Heatmap Illustration/Getty Images

A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.

The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.

Keep reading...Show less
Yellow
Hotspots

Trump Punished Wind Farms for Eagle Deaths During the Shutdown

Plus more of the week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.

  • On November 3, Fox News published a story claiming it had “reviewed” a notice from the Fish and Wildlife Service showing that it had proposed fining Orsted more than $32,000 for dead bald eagles that were discovered last year at two of its wind projects – the Plum Creek wind farm in Wayne County and the Lincoln Land Wind facility in Morgan County, Illinois.
  • Per Fox News, the Service claims Orsted did not have incidental take permits for the two projects but came forward to the agency with the bird carcasses once it became aware of the deaths.
  • In an email to me, Orsted confirmed that it received the letter on October 29 – weeks into what became the longest government shutdown in American history.
  • This is the first action we’ve seen to date on bird impacts tied to Trump’s wind industry crackdown. If you remember, the administration sent wind developers across the country requests for records on eagle deaths from their turbines. If companies don’t have their “take” permits – i.e. permission to harm birds incidentally through their operations – they may be vulnerable to fines like these.

2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.

Keep reading...Show less
Yellow
Q&A

The Guy Debunking Myths About Wind Along the Jersey Shore

A conversation with Cape May County Commissioner candidate Eric Morey.

Eric Morey.
Heatmap Illustration

This week’s conversation is with Eric Morey, who just ran to be a commissioner for Cape May County, New Jersey – one of the Garden State coastal counties opposed to offshore wind. Morey is a Democrat and entered the race this year as a first-time politician, trying to help crack the county panel’s more-than-two-decade Republican control. Morey was unsuccessful, losing by thousands of votes, but his entry into politics was really interesting to me – we actually met going back and forth about energy policy on Bluesky, and he clearly had a passionate interest in debunking some of the myths around renewables. So I decided to call him up in the hopes he would answer a perhaps stupid question: Could his county ever support offshore wind?

The following conversation has been lightly edited for clarity.

Keep reading...Show less
Yellow