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Hotspots

A Fine Week For Solar, Bad For Everyone Else

And more of the week's news in renewable energy fights.

Map of contested renewable energy projects.
Heatmap Illustration

1. Magic Valley, Idaho – It’s never a dull day for the Lava Ridge wind project.

  • Trump’s executive order also put a moratorium on the wind project site and essentially invalidated its environmental review under Biden. As we’ve explained, the project got permits in the final days of the previous administration.
  • But opponents to the project – most notably Senator Jim Risch – got the president to turn this into a Keystone XL-style situation. Idaho Governor Brad Little yesterday issued an executive order instructing state regulators to comply with anything Trump’s folks do to stop the project, an executive order of his own he jokingly dubbed the “Gone With The Lava Ridge Wind Act.”
  • Lava Ridge has been crickets since Trump’s order and its developer Magic Valley Energy has not issued a public statement. The most recent statement available on their website is still about its permits being approved under Biden.
  • I’ve tried to get in touch with them via the most recently-listed media contact for the project all week over phone and email – most recently this afternoon – but have had no luck. (Amy, please call me back.)

2. Multiple counties, Ohio – Regulators in Ohio issued final decisions for two contested solar projects, clearing the way for one while all but stopping another.

  • Savion’s Clear Mountain Energy Center solar-plus-battery project in Clermont County, Ohio, was approved by the Ohio Power Siting Board last week.
  • But Samsung’s Richmond Solar project in Union County was rejected by the OPSB, citing local opposition to say it did not serve “public interest, convenience, and necessity.” The project would also include battery storage if constructed.
  • OPSB also denied a petition for a rehearing for NextEra’s Circleville Solar project in Pickaway County, which had previously had its approval denied by the regulator.

3. Pender County, North Carolina – A solar project that was rejected late last year by the North Carolina Court of Appeals will be reconsidered by the same court, after the Democrat vote that decided the case was replaced by a Republican.

  • At the end of last year, the appeals court ruled Coastal Pine Solar had failed to demonstrate a solar project it proposed in Pender County sufficiently complied with a local restrictive ordinance. The ruling was not split, but it seems the new composition of the court means there’ll be a second go at the case.

4. Lancaster County, Nebraska – in We have good news for solar in Nebraska, where county commissioners have approved a massive NextEra solar project.

  • Commissioners cleared the Panama Energy Center solar project despite considerable local activism opposing its development. They said the decision to approve it was only possible after at least some concessions to the concerns in the community, including a vegetation management plan.

5. Montgomery County, Alabama – Another solar project – Silicon Ranch – also got approval this past week from the local Board of Adjustments, meaning a Meta data center is now poised to receive renewable energy.

  • Activism against the project is quite pronounced, as we’ve been covering closely in The Fight. I’m anticipating a little more noise in the coming weeks about how to stop this project in spite of the local approval.

Here’s what else we’re watching ...

In Kansas, landowners are suing to stop a NextEra solar project in Jackson County.

In Oklahoma, a Woodside-backed hydrogen project has been paused citing the Trump administration’s changes in policy.

In Nevada, the Bureau of Land Management cleared the way for the Rough Hat solar project days before Joe Biden left office.

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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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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.
Heatmap Illustration/Getty Images

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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