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Hotspots

A Battery Ban, Burning Man, and Lots More Yelling

The week’s biggest fights around renewable energy

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1. San Diego County, California – The battery backlash just got stronger after the city of Escondido, California, indefinitely banned permits to the entire sector in reaction to a battery fire last month.

  • Last week, the city council enacted a 45-day moratorium on permits to construction and operation of battery energy storage systems, or BESS. The moratorium will impact AES Corporation’s Seguro storage project, as well as at least one more pending project, according to staff testimony at the city council meeting on the matter.
  • But for AES and anyone else who hopes this ends quickly, some bad news: Staff also testified it’ll take much longer than 45 days to prepare a report outlining next steps due to the outstanding government workload – and that’ll just be the idea generation phase of the city’s response. A 10-month moratorium was discussed as a potential next step.
  • “I don’t think any of us up here are adamantly opposed to battery energy storage systems,” the city’s Republican mayor Dane White said at the meeting. “However, it has to be done the right way.”

2. Waldo County, Maine – The potential first floating offshore wind assembly site in America is now one step further in the permitting process, after Maine’s Department of Transportation released a pre-application alternatives analysis required for federal environmental reviews.

  • The Maine DOT report defends the selection of Sears Island for the project. We previously scooped that this decision has serious legal risks.
  • Nevertheless, the state believes that it’s a better site than Mack Point, an existing energy logistics port nearby. According to the report, the Mack Point alternative would cost more and “limit any future plans for growth.”
  • “[It] presents problematic design features that greatly reduce its operational functionality and effectively preclude its use,” the report stated.
  • This effectively begins the state and federal environmental permitting process for the Sears Island port project. On its end, the state is also preparing a broader draft environmental review.

3. Dickinson County, Kansas – This one county may be a bellwether for future problems in Kansas, a state with many existing wind farms — and even more potential — but also a lot of opposition.

  • Activists stormed a community meeting late last week on deciding whether to move forward with Enel Green Power’s 334-megawatts Hope Ridge wind farm. If county planners reject the project, it’ll potentially come with a two-year moratorium on wind. Enel has several operating wind farms in Kansas, including Diamond Vista, which is in the adjacent Marion County. (Marion’s got its own moratorium now, too).
  • Despite existing generation, Dickinson County is one of the riskier places in the United States for new renewable energy development, according to Heatmap Pro’s analytics, thanks to its demographic, economic, and geographic similarities to other opposed counties.
  • At the top of the meeting, Enel project developer Jon Beck laid out a laundry list of reasons to build the project including jobs and tax revenue. “This area has been really favorable for a lot of reasons, and that’s why we continue here,” Beck said.
  • But while some in attendance supported the development, lots of testimony opposing the project stretched the hearing beyond the five-hour mark. (Pray for me, I listened back to the tape).
  • There’s a follow-up meeting this week. And Enel clearly takes this development seriously, because they sent me a lengthy statement about the opposition to Hope Ridge.
  • “Throughout this process, we’ve worked to show the Dickinson County community that wind power has been a huge success story for Kansas, bringing billions of dollars in economic impact largely targeted to rural areas,” the statement read. “Our landowners and community partners at Diamond Vista, just down the road, have seen how our project has provided new jobs, better roads, and more local funding over the last six years.”
  • It continued: “We understand many people in Dickinson County have concerns, but we also have a lot of supporters in the county — including our landowners — who are counting on us to make the case for this project. We hope to earn the support of the Planning Commission this week."

4. Washoe County, Nevada – The company behind the Burning Man festival will be acquiring nearby geothermal energy leases, in a settlement resolving litigation that had the high-profile naturalist escape challenging access to a renewable energy resource.

  • Burning Man will purchase the leases from power company Ormat, which will then in turn help the festival organizations turn that land into a conservation area, according to an announcement of the settlement.
  • This may effectively kill Ormat’s geothermal exploration project in the area after local officials also revoked a crucial drilling permit.

Here’s what else we’re watching right now…

In North Carolina, the Kerr Lake Solar project proposed by Cypress Creek Renewables is facing its own apparent local onslaught at community meetings.

In California, Capstone and Eurowind Energy are seeking permission to build a long-duration battery storage facility in Alameda County.

In New Jersey, a coalition of shore towns and opposition groups fighting the EDF-Shell Atlantic Shores offshore wind farm have issued a new missive criticizing state financial benefits to the project.

In New York, the town of Oyster Bay looks like it’ll be extending its moratorium on BESS for at least another six months.

In Pennsylvania, a Pivot Energy solar farm also has some local organizing in the way.

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Q&A

Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.

Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

The following conversation was lightly edited for clarity.

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
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1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

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Spotlight

The Top 5 Midterm Races of the Data Center Backlash

What we’ll be watching for on election night.

Candidates.
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It’s almost fall 2026 and you know what means: It’s time to figure out the must-watch midterm races amidst the data center backlash.

I’ve spent the past week pulling together a list of the top five congressional races worth watching as bellwethers for the impacts of the data center backlash in the American electorate. This list has three U.S. House races where Republicans are defending seats, one where a House Democrat is defending their seat, and the Senate race many of you are probably most thinking about anyway. Think of it as a tipsheet.

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