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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

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Spotlight

Is North Dakota Turning on Wind?

The state formerly led by Interior Secretary Doug Burgum does not have a history of rejecting wind farms – which makes some recent difficulties especially noteworthy.

Doug Burgum.
Heatmap Illustration/Getty Images, Library of Congress

A wind farm in North Dakota – the former home of Interior Secretary Doug Burgum – is becoming a bellwether for the future of the sector in one of the most popular states for wind development.

At issue is Allete’s Longspur project, which would see 45 turbines span hundreds of acres in Morton County, west of Bismarck, the rural state’s most populous city.

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Hotspots

Two Fights Go Solar’s Way, But More Battery and Wind Woes

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

The United States.
Heatmap Illustration/Getty Images

1. Staten Island, New York – New York’s largest battery project, Swiftsure, is dead after fervent opposition from locals in what would’ve been its host community, Staten Island.

  • Earlier this week I broke the news that Swiftsure’s application for permission to build was withdrawn quietly earlier this year amid opposition from GOP mayoral candidate Curtis Sliwa and other local politicians.
  • Swiftsure was permitted by the state last year and given a deadline of this spring to submit paperwork demonstrating compliance with the permit conditions. The papers never came, and local officials including Sliwa called on New York regulators to reject any attempt by the developer to get more time. In August, the New York Department of Public Service gave the developer until October 11 to do so – but it withdrew Swiftsure’s application instead.
  • Since I broke the story, storage developer Fullmark – formerly Hecate Grid – has gone out of its way to distance itself from the now-defunct project.
  • At the time of publication, Swiftsure’s website stated that the project was being developed by Hecate Grid, a spin-off of Hecate Energy that renamed itself to Fullmark earlier this year.
  • In a statement sent to me after the story’s publication, a media representative for Fullmark claimed that the company actually withdrew from the project in late 2022, and that it was instead being managed by Hecate Energy. This information about Fullmark stepping away from the project was not previously public.
  • After I pointed Fullmark’s representatives to the Swiftsure website, the link went dead and the webpage now simply says “access denied.” Fullmark’s representatives did not answer my questions about why, up until the day my story broke, the project’s website said Hecate Grid was developing the project.

2. Barren County, Kentucky – Do you remember Wood Duck, the solar farm being fought by the National Park Service? Geenex, the solar developer, claims the Park Service has actually given it the all-clear.

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Q&A

Should the Government Just Own Offshore Wind Farms?

A chat with with Johanna Bozuwa of the Climate and Community Institute.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Johanna Bozuwa, executive director of the Climate and Community Institute, a progressive think tank that handles energy issues. This week, the Institute released a report calling for a “public option” to solve the offshore wind industry’s woes – literally. As in, the group believes an ombudsman agency akin to the Tennessee Valley Authority that takes equity stakes or at least partial ownership of offshore wind projects would mitigate investment risk, should a future Democratic president open the oceans back up for wind farms.

While I certainly found the idea novel and interesting, I had some questions about how a public office standing up wind farms would function, and how to get federal support for such an effort post-Trump. So I phoned up Johanna, who cowrote the document, to talk about it.

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