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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.
Heatmap Illustration/Getty Images

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.

  • On Monday, the Wisconsin Wildlife Federation withdrew a legal appeal against construction of Doral Renewables’ Vista Sands solar project. The organization reportedly reached a deal with Doral that’ll preserve 750 acres for the birds, which require long expanses of open land in order to properly mate.
  • Per Doral, this will allow the company to begin construction sometime next year – which may not be quick enough to still qualify for the IRA electricity tax credits that got truncated timelines in Trump’s “big, beautiful bill.”

3. Imperial County, California – The board of directors for the agriculture-saturated Imperial Irrigation District in southern California has approved a resolution opposing solar projects on farmland.

  • The decision arrives after frustrations with a lack of local benefits from solar, with officials on the board and local residents frustrated about lackluster employment gains and power from new projects mostly going westward to San Diego. There’s also longstanding conflicts in the area around solar and net metering. In other words – it’s not just the farmland.

4. New England – Offshore wind opponents are starting to win big in state negotiations with developers, as officials once committed to the energy sources delay final decisions on maintaining contracts.

  • Massachusetts this week delayed decisions to finalize two power purchase agreements with Ocean Winds’ SouthCoast Wind project off its coastline, including a deal that was supposed to also provide power to Rhode Island. Officials are now apparently claiming they’ll come to a decision by the end of this year, but they’ve been kicking the can down the road for months now.
  • My view here? I think they’re hoping that litigation around Trump’s executive order targeting offshore wind is resolved before they complete these deals.

5. Barren County, Kentucky – Remember the National Park fighting the solar farm? We may see a resolution to that conflict later this month.

  • Landowners who joined the park in opposing the Wood Duck solar farm petitioned the Kentucky Public Service Commission to have a hearing before the state’s Electric Generation and Transmission Siting Board (wow that’s a mouthful!), citing the opposition filed by the national park. Their wish was granted and the hearing will take place Monday, July 15.
  • It’s worth remembering that this county has already passed a solar moratorium – this is potentially one of the last projects that may be built here for some time. What’s worth watching? Whether they’ll be allowed to continue in spite of the pause.

6. Washington County, Arkansas – It seems that RES’ efforts to build a wind farm here are leading the county to face calls for a blanket moratorium.

  • The push is being led by the grassroots group Concerned Citizens of the Ozarks, who told county officials at a local hearing this week that they want a pause on development in order to study how wind turbines would affect local farm properties.
  • It’s worth noting how early in the process RES is – they haven’t received a single permit and expect construction not to begin until 2029 at the earliest. I guess coming to locals early didn’t work out this time.

7. Westchester County, New York – Yet another resort town in New York may be saying “no” to battery storage over fire risks.

  • Fire officials in Tarrytown have come out against battery storage facilities and are urging locals to stop a Tesla megapack that town officials say will lower local energy costs.
  • I’m going to predict the fire concerns will beat out the affordability arguments here. Usually testimony from fire officials is treated with incredible weight by any town’s leadership, because who wants to overrule fire safety professionals?
  • It’s worth stressing however that Westchester County has an above average Heatmap Pro opposition risk score driven largely by the wealth of its inhabitants.
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Spotlight

The Fate of Wind Energy in Arkansas Is on Eagles’ Wings

The Nimbus wind project in the Ozark Mountains is moving forward even without species permits, while locals pray Trump will shut it down.

An eagle, wind power, and Arkansas.
Heatmap Illustration/Getty Images

The state of Arkansas is quickly becoming an important bellwether for the future of renewable energy deployment in the U.S., and a single project in the state’s famed Ozark Mountains might be the big fight that decides which way the state’s winds blow.

Arkansas has not historically been a renewables-heavy state, and very little power there is generated from solar or wind today. But after passage of the Inflation Reduction Act, the state saw a surge in project development, with more than 1.5 gigawatts of mostly utility-scale solar proposed in 2024, according to industry data. The state also welcomed its first large wind farm that year.

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Hotspots

Offshore Wind Bluster Hits New England


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

The United States.
Heatmap Illustration/Getty Images

1. Newport County, Rhode Island – The Trump administration escalated its onslaught against the offshore wind sector in the past week … coincidentally (or not) right after a New England-based anti-wind organization requested that it do so.

  • Over the Labor Day weekend, the Trump administration stated in a court filing that it planned to potentially redo the record of decision for Orsted’s SouthCoast wind project off the coast of Massachusetts, and yesterday, Justice Department officials said they would vacate the approval of Avangrid’s construction and operations plan for its New England 1 offshore project.
  • These announcements got a lot of media attention. Less focus was bestowed on what preceded these moves: Last week, the anti-wind organization Green Oceans partnered with four tribes native to the Northeast and together sent petitions to the Interior and Transportation Departments, as well as the Defense Department, calling for the “immediate suspension” of offshore wind in the region.
  • According to a press release, the petitions asked for projects under construction to stop work as well as called for an end to the operation of South Fork, a completed and operating wind farm off the coast of New York. The petitions rely largely on a national security rationale that mirrors the administration’s reasoning for halting work on Orsted’s Revolution Wind offshore project. (Orsted sued over that move today, by the way.)
  • We cannot say at the moment how much this specific maneuver mattered to an administration already hostile to offshore wind. But there’s reason to believe Green Oceans is an influential organization within Trump administration circles. Early this year I reported on a roadmap created by a constellation of opposition groups, including the head of Green Oceans, and submitted to the Trump transition team showing how the incoming administration could block offshore wind development. Several of the turns in that roadmap have ultimately come to pass.
  • We also now know that Green Oceans has been in direct contact with Trump officials about individual offshore wind projects. Last week, E&E News published internal emails that showed the organization obtained a meeting in May with senior Interior Department officials to discuss cancelling all current offshore wind leases held by developers.
  • At this juncture, it’s genuinely impossible to know how far Trump will go. But now we know the opposition to offshore wind is going for the Full Monty: shutting down operating projects on a national security justification.

2. Madison County, New York – Officials in this county are using a novel method to target a wind project: They’re claiming it’ll disrupt 911 calls.

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Q&A

How Renewable Projects Can Be a Political Win-Win

Chatting party polarization with League of Conservation Voters CEO Pete Maysmith.

The CEO of the League of Conservation Voters.
Heatmap Illustration

For this week’s conversation I chatted with Pete Maysmith, CEO of the League of Conservation Voters. There’s no one I’d rather talk to at a moment when any conflict over a solar farm can turn into the equivalent of a heated political campaign. I wanted to know how LCV is approaching the way renewables are becoming more partisan and the insurgent rise of local opposition to project development. Thankfully, Maysmith was willing to take some time right before the Labor Day weekend to sit in my hot seat.

The following conversation has been lightly edited for clarity.

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