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Hotspots

GOP Lawmaker Asks FAA to Rescind Wind Farm Approval

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

The United States.
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1. Benton County, Washington – The Horse Heaven wind farm in Washington State could become the next Lava Ridge — if the Federal Aviation Administration wants to take up the cause.

  • On Monday, Dan Newhouse, Republican congressman of Washington, sent a letter to the FAA asking them to review previous approvals for Horse Heaven, claiming that the project’s development would significantly impede upon air traffic into the third largest airport in the state, which he said is located ten miles from the project site. To make this claim Newhouse relied entirely on the height of the turbines. He did not reference any specific study finding issues.
  • There’s a wee bit of irony here: Horse Heaven – a project proposed by Scout Clean Energy – first set up an agreement to avoid air navigation issues under the first Trump administration. Nevertheless, Newhouse asked the agency to revisit the determination. “There remains a great deal of concern about its impact on safe and reliable air operations,” he wrote. “I believe a rigorous re-examination of the prior determination of no hazard is essential to properly and accurately assess this project’s impact on the community.”
  • The “concern” Newhouse is referencing: a letter sent from residents in his district in eastern Washington whose fight against Horse Heaven I previously chronicled a full year ago for The Fight. In a letter to the FAA in September, which Newhouse endorsed, these residents wrote there were flaws under the first agreement for Horse Heaven that failed to take into account the full height of the turbines.
  • I was first to chronicle the risk of the FAA grounding wind project development at the beginning of the Trump administration. If this cause is taken up by the agency I do believe it will send chills down the spines of other project developers because, up until now, the agency has not been weaponized against the wind industry like the Interior Department or other vectors of the Transportation Department (the FAA is under their purview).
  • When asked for comment, FAA spokesman Steven Kulm told me: “We will respond to the Congressman directly.” Kulm did not respond to an additional request for comment on whether the agency agreed with the claims about Horse Heaven impacting air traffic.

2. Dukes County, Massachusetts – The Trump administration signaled this week it will rescind the approvals for the New England 1 offshore wind project.

  • Justice Department attorneys motioned Tuesday to remand previous approvals for the project in a federal case brought by anti-offshore wind activists, stating that the Bureau of Ocean Energy Management is “reassessing its consideration” of “factors” considered in its environmental review under the Outer Continental Shelf Lands Act. The DOJ also asked the court to stay the case.
  • At this juncture, it feels likely the court will approve the Trump administration’s request because of a previous ruling on the SouthCoast wind project granting permission for its permitting decisions to be remanded back to BOEM.

3. Washtenaw County, Michigan – Michigan attorney general Dana Nessel waded into the fight over an Oracle and OpenAI data center in a rural corner of the state, a major escalation against AI infrastructure development by a prominent Democratic official.

  • Last month, Nessel intervened with the Michigan Public Service Commission against a deal between DTE – the largest utility in the state – and the developer of a data center in Saline, a tiny town northwest of Detroit with lots of farmland (a classic tell that there’ll be problems for the project). Nessel told the PSC to consider the case “contested” and that the public versions of the contracts were so significantly redacted that even her office couldn’t tell if there were risks to ratepayers.
  • Now Nessel is doing a media tour against the facility, telling anyone who will listen that she is against the project and thinks it could be giving Michiganders a raw deal. This has put Nessel at odds with the state’s current governor Gretchen Whitmer, who backs the project and is urging a hasty approval.
  • I covered Nessel’s race for attorney general as a cub reporter nearly a decade ago, when she rode consternation against Trump into office during a midterm election, and she is considered to be a likely future gubernatorial candidate. For that reason alone I believe her outsized opposition to this project is a tell she is trying to ride the political wave against this industry – and we should expect other attorneys general to follow in Democrat-controlled states.

4. Nacogdoches County, Texas – I am eyeing the fight over a solar project in this county for potential chicanery over species and habitat protection.

  • At issue is Middlebrook, a utility-scale facility proposed by Solar Proponent, which is being developed near an incredibly popular fishing area, Lake Nacogdoches. Texas, unlike many states, does not afford its counties the right to completely ban solar projects via moratoria. This means any aggrieved residents will have to use unorthodox methods to stop a project like this.
  • This is probably why people fighting the project have keyed in on its proximity to the lake and the existence of federally endangered and threatened species elsewhere in the county to petition county officials to demand the Fish and Wildlife Service survey the project site before construction, as well as Texas Parks and Wildlife.
  • What happens if the county demands a Fish and Wildlife review? The Trump administration has ordered the agency to screen all survey requests for solar projects through the Interior Secretary, Doug Burgum, and other top political leaders at the agency. If this effort gains steam, it would give opponents a potential leg up to delay development.

5. Fulton County, Ohio – In brighter news for the solar industry, Ohio is blessing more of their projects.

  • The Ohio Power Siting Board greenlit a Repsol solar project – Ritter Station Solar - that’ll be located outside the town of Fayette. The project will have to comply with nearly 60 conditions for development but the project is able to proceed with its large size of more than 1,000 acres.
  • Per the OPBS, residents were divided in testimony at the agency’s public hearing on the project, and both the host community of Gorham Township and the Fulton County Commission both submitted statements opposing the project. Nevertheless, OPSB staff found no reason to object against issuance of the certificate – a permitting win for a project that seems to have needed one.
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Q&A

How Trump’s Renewable Freeze Is Chilling Climate Tech

A chat with CleanCapital founder Jon Powers.

Jon Powers.
Heatmap Illustration

This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.

The following conversation was lightly edited for clarity.

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Hotspots

Indiana Rejects One Data Center, Welcomes Another

Plus more on the week’s biggest renewables fights.

The United States.
Heatmap Illustration/Getty Images

Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.

  • Real estate firm Prologis was the loser at the end of a five-hour hearing last night before the planning commission in Shelbyville, a city whose municipal council earlier this week approved a nearly 500-acre land annexation for new data center construction. After hearing from countless Shelbyville residents, the planning commission gave the Prologis data center proposal an “unfavorable” recommendation, meaning it wants the city to ultimately reject the project. (Simpsons fans: maybe they could build the data center in Springfield instead.)
  • This is at least the third data center to be rejected by local officials in four months in Indiana. It comes after Indianapolis’ headline-grabbing decision to turn down a massive Google complex and commissioners in St. Joseph County – in the town of New Carlisle, outside of South Bend – also voted down a data center project.
  • Not all data centers are failing in Indiana, though. In the northwest border community of Hobart, just outside of Chicago, the mayor and city council unanimously approved an $11 billion Amazon data center complex in spite of a similar uproar against development. Hobart Mayor Josh Huddlestun defended the decision in a Facebook post, declaring the deal with Amazon “the largest publicly known upfront cash payment ever for a private development on private land” in the United States.
  • “This comes at a critical time,” Huddlestun wrote, pointing to future lost tax revenue due to a state law cutting property taxes. “Those cuts will significantly reduce revenue for cities across Indiana. We prepared early because we did not want to lay off employees or cut the services you depend on.”

Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.

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Spotlight

Can the Courts Rescue Renewables?

The offshore wind industry is using the law to fight back against the Trump administration.

Donald Trump, a judge, and renewable energy.
Heatmap Illustration/Getty Images

It’s time for a big renewable energy legal update because Trump’s war on renewable energy projects will soon be decided in the courts.

A flurry of lawsuits were filed around the holidays after the Interior Department issued stop work orders against every offshore wind project under construction, citing a classified military analysis. By my count, at least three developers filed individual suits against these actions: Dominion Energy over the Coastal Virginia offshore wind project, Equinor over Empire Wind in New York, and Orsted over Revolution Wind (for the second time).

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