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Hotspots

The Vineyard Wind Lawsuit 2.0

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

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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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Q&A

Why the Wilderness Society Backs a Data Center Moratorium

Talking with Dan Hartinger, the land conservation group’s senior policy director.

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The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Dan Hartinger, senior policy director for The Wilderness Society, a prominent land conservation organization in D.C. that this week called for a moratorium on data center development on public land. The public statement was relatively scant on details about the group’s stance, and a decade of reporting on policy in Washington has taught me that its positions are quite influential, especially in more traditional outdoor recreation and conservationist circles that are also often bipartisan. So I reached out and asked if someone could further explain the society’s position, and Dan obliged.

The following chat was lightly edited for clarity.

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Hotspots

Data Center Outrage Catches Up to Renewables Outrage in Michigan

Plus more of the week’s biggest development fights.

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The United States.
Heatmap Illustration/Getty Images

1. Central Michigan – I regret to inform you of this back-and-forth between candidates running for Congress and a would-be constituent because it’s a warning sign for the renewable energy sector (and sort of broke my brain).

  • This week brought the first and likely only debate between Rep. Tom Barrett and Sunrise Movement cofounder Will Lawrence, who are locked in a tight contest over the Michigan 7th congressional district. As I’ve written, their race is a must-watch not only for control of the U.S. House but also the political fortunes of the data center sector.
  • The debate contained a remarkable exchange: Moderators played taped remarks from Paula Caltrider, identified as “a local resident” in the city of Mason to ask the candidates a question about data centers. Instead, she offered a comment. “You know, you can’t be a part of this no data center movement without renouncing the large solar farms and dangerous battery storage facilities that power these data centers.” (Quick TL;DR on Caltrider: She’s been quoted in national media coverage of the data center backlash and last year won a legal settlement after allegedly being fired for refusing a vaccine mandate.)
  • Barrett then ran with Caltrider’s baton. “I appreciate Paula linking these together, the stripping away of local control that took place in pursuit of this Green New Deal agenda in Lansing that took away control from communities” – a reference to the state’s primacy law that other Michigan Republican candidates have opposed.
  • Lawrence, whose support for a federal data center moratorium made him a national political test case, did not take the bait, nor did he criticize renewable energy. Instead, this part of the debate became a tit-for-tat about whether the sitting congressman once backed tax breaks for data centers. “He stuck his finger up into the wind, saw which way it was blowing, did a complete 180 on this issue,” Lawrence said. Then Barrett and Lawrence got into a confusing back-and-forth about whether the Inflation Reduction Act was a giveaway to data centers.
  • To the best of my knowledge, this is the first time the Data Center Trojan Horse has reared its ugly head on any kind of prominent debate stage, but it won’t be the last. For example: The Wisconsin gubernatorial debate is Oct. 21, and we’ve warned you about that one.

2. Doña Ana County, New Mexico – I suggest you pay closer attention to the federal permitting fight playing out over Oracle’s Project Jupiter.

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Spotlight

The Data Center Backlash Is Coming for Permitting Reform

The Senate’s compromise bill enters the chat at a moment when federal land and anti-pipeline advocates are already quite activated.

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The Capitol and a data center.
Heatmap Illustration/Getty Images

The AI data center backlash is getting louder in D.C. ahead of the midterms – and it’s poised to collide head-on with the new permitting reform deal being negotiated in Congress.

This week, major environmental advocacy organizations are taking large public steps to lean in on the data center fight. The League of Conservation Voters and Natural Resources Defense Council, I’ve been told, are imminently announcing a $250,000 ad buy in the Washington, D.C. market focused entirely on decrying fossil fuel-powered data centers and Trump administration policies to speed up their construction. The Wilderness Society, a prominent land conservation organization, announced it now supports a moratorium against data centers on “public lands” focused on the roughly half billion acres under the Interior Department’s stewardship. And Earthjustice on Thursday did a detailed report claiming that 80% of the data centers under development “bringing their own power” are going to rely on gas generation.

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