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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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Q&A

Will Blue States Open Up Their Wallets for Renewables?

A conversation with Heather O’Neill of Advanced Energy United.

The Fight Q&A subject.
Heatmap Illustration

This week’s conversation is with Heather O’Neill, CEO of renewables advocacy group Advanced Energy United. I wanted to chat with O’Neill in light of the recent effective repeal of the Inflation Reduction Act’s clean electricity tax credits and the action at the Interior Department clamping down on development. I’m quite glad she was game to talk hot topics, including the future of wind energy and whether we’ll see blue states step into the vacuum left by the federal government.

The following conversation has been lightly edited for clarity.

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Spotlight

The Anti-Renewables Movement is Coming for Your Wires

The Grain Belt Express was just the beginning.

Oklahoma.
Heatmap Illustration/Getty Images

The anti-renewables movement is now coming for transmission lines as the Trump administration signals a willingness to cut off support for wires that connect to renewable energy sources.

Last week, Trump’s Energy Department with a brief letter rescinded a nearly $5 billion loan guarantee to Invenergy for the Grain Belt Express line that would, if completed, connect wind projects in Kansas to areas of Illinois and Indiana. This decision followed a groundswell of public opposition over concerns about land use and agricultural impacts – factors that ring familiar to readers of The Fight – which culminated in Republican Senator Josh Hawley reportedly asking Donald Trump in a meeting to order the loan’s cancellation. It’s unclear whether questions around the legality of this loan cancellation will be resolved in the courts, meaning Invenergy may just try to trudge ahead and not pick a fight with the Trump administration.

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Hotspots

Vineyard Wind Is Besieged Again

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

The United States.
Heatmap Illustration/Getty Images

1. Nantucket County, Massachusetts – The fight over Vineyard Wind is back with a vengeance. But can an aggrieved vacation town team up with conservative legal activists to take down an operating offshore wind project?

  • The offshore wind project, which is under construction and currently provides power to Massachusetts, was threatened this week when Nantucket signaled it may sue Vineyard Wind over a laundry list of demands related to the facility and last year’s blade breakage. Then less than 24 hours later, the Texas Public Policy Foundation – a conservative legal advocacy group – filed a petition to the Interior Department requesting it not only reconsider previous permits issued for Vineyard Wind but also halt operations at the site.
  • It’s hard to ignore the timing here: before this flurry of activity, the Interior Department released a new secretarial order that laid out many ways it would potentially go after wind facilities. One method would be potentially settling lawsuits filed against both offshore and onshore wind projects in favor of plaintiffs.
  • We are still waiting to see if Interior will take up the Vineyard Wind petition. But this activity suggests that opponents of offshore wind feel increasingly emboldened by the anti-renewables direction that Trump has taken in recent weeks, and we may soon find out if their aspirations for killing operating projects are well-founded.

2. Henry County, Virginia – A fresh fiasco around a solar farm is renewing animus against solar projects in the Commonwealth of Virginia.

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