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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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Hotspots

Judge, Siding With Trump, Saves Solar From NEPA

And more on the week’s biggest conflicts around renewable energy projects.

The United States.
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1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.

  • We previously reported that this lawsuit filed by frustrated Kansans targeted implementation of the IRA when it first was filed in February. That was true then, but afterwards an amended complaint was filed that focused entirely on the solar farm at the heart of the case: NextEra’s Jeffrey Solar. The case focuses now on whether Jeffrey benefiting from IRA credits means it should’ve gotten reviewed under the National Environmental Policy Act.
  • Perhaps surprisingly to some, the Trump Justice Department argued against these NEPA reviews – a posture that jibes with the administration’s approach to streamlining the overall environmental analysis process but works in favor of companies using IRA credits.
  • In a ruling that came down on Tuesday, District Judge Holly Teeter ruled the landowners lacked standing to sue because “there is a mismatch between their environmental concerns tied to construction of the Jeffrey Solar Project and the tax credits and regulations,” and they did not “plausibly allege the substantial federal control and responsibility necessary to trigger NEPA review.”
  • “Plaintiffs’ claims, arguments, and requested relief have been difficult to analyze,” Teeter wrote in her opinion. “They are trying to use the procedural requirements of NEPA as a roadblock because they do not like what Congress has chosen to incentivize and what regulations Jackson County is considering. But those challenges must be made to the legislative branch, not to the judiciary.”

2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.

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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

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Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.

The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.

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Q&A

How the Wind Industry Can Fight Back

A conversation with Chris Moyer of Echo Communications

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Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”

Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.

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