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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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Hotspots

The Electro-Magnetic Freakout on the Cape

And more of the week’s news around project development.

The United States.
Heatmap Illustration/Getty Images

1. Barnstable County, Massachusetts – I have a whopper of an update on the Vineyard Wind project, which might be in operation but risks becoming fodder in the fight against offshore wind.

  • Like all offshore wind projects, Vineyard Wind has to send power to the coastline via cable. One of the three sites where these giant power lines land is Barnstable, a small shore community, where longtime residents for years have voiced concerns about electromagnetic fields or EMF.
  • Concerns about EMF are comparable to those about infrasound from data centers. We do not know whether these concerns are really rooted in legitimate health impacts, as I have written, but regardless this remains a common concern raised around large high-voltage power lines, including those for offshore wind projects.
  • On June 30, the town’s board of health heard from a group of Barnstable residents who claim to have measured EMF from the town’s wind cable. The same group, Save Greater Downes Beach, had unsuccessfully sought to stop the cables through litigation and public pressure.
  • This board of health meeting was controversial: Ahead of the meeting, the director of Sierra Club’s Massachusetts chapter wrote the board of health requesting their testimony be limited and no action be taken on the findings. “Concerns being raised about electromagnetic field exposure associated with Vineyard Wind 1’s underground export cables are not only invalid but outside of the Board of Health’s jurisdiction,” wrote chapter director Vick Mohanka, according to a copy of the letter posted to Facebook by anti-wind activist Susanne Conley.
  • This Sierra Club chapter was right to be concerned about how this meeting would affect Vineyard Wind. I watched the lengthy testimony before the board of health. Activists presented a case that the town should implore regulators with authority to deeply study the wind farm cables. They asked the board of health to back a state study on EMF and put the question before the Massachusetts permitting regulator, the Energy Facility Siting Board.
  • “We’re not asking the board to place any restrictions or limitations on the project at this time,” Gary Peters, a local medical professional and member of Save Greater Dowses Beach, told the board. “We’re asking you to put that ball in the court of EFSB.”
  • The board was receptive to this request. Board chair F.P. Lee told the group he would “take this under advisement” and said he’d talk to their legal department about it. Daniel Luczkow, the board’s vice chair, said he agreed with activists’ feelings that Barnstable residents were “guinea pigs.”
  • “It sounds like the contention is that these levels we’re measuring are much, much higher than the information given when the project was started,” Luczkow said. “We’re the only place on the planet, maybe, that actually runs these [cables] through a populated area and we have no idea what type of damage they’re causing?”
  • Should Barnstable strenuously take this issue up, I would predict it only be a matter of time before it’s also raised by organs of the federal government. Health and Human Services Secretary Robert F. Kennedy Jr. last year asked the Centers for Disease Control to study negative health impacts from precisely this infrastructure. This kind of hyperlocal squabble is often what manifests as conversation in anti-wind opposition circles, and Vineyard Wind was already causing PR headaches for the energy transition.

2. Prince William County, Virginia – Northern Virginia is officially hostile territory for data center developers, and I learned about it through a call from my mom.

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