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Hotspots

Bad News for Agrivoltaics in Ohio

And more of the week’s top conflicts around renewable energy.

Map of renewable energy conflicts.
Heatmap Illustration

1. Queen Anne’s County, Maryland – They really don’t want you to sign a solar lease out in the rural parts of this otherwise very pro-renewables state.

  • County officials this week issued a public notice encouraging all residents to consider the economic impacts of taking farmland out of use to build solar farms.
  • “The Queen Anne’s County Commissioners are concerned that large-scale conversion of farmland to solar energy facilities may impact the long-term viability of agriculture in the county and surrounding region,” read the notice, which told anyone approached by a solar company about their land to immediately consult an attorney and think about these “key considerations.”
  • “As more farmland is transitioned to solar use, the demand for these agricultural support services diminishes. If enough land is taken out of production, it could create serious challenges for those who wish to continue farming.”
  • It’s not immediately clear whether this was related to a specific project or an overall rise in renewables development that’s happening in the county. But there’s a clear trend going on. Officials said in an accompanying press release that officials in neighboring Caroline County sent a similar notice to property owners. And it seems Worcester County did something similar last month.

2. Logan County, Ohio – Staff for the Ohio Power Siting Board have recommended it reject Open Road Renewables’ Grange Solar agrivoltaics project.

  • The staff report states: “Opposition to the project has been long-standing and unwavering, which is a strong measure of the local opposition to the project. While some local opposition is not uncommon in many power generation siting projects, when observing and documenting considerable opposition filed in this docket, staff recognizes that in this proceeding the opposition has been especially prominent and overwhelmingly one-sided from the local government agencies.”
  • This rejection is particularly striking as Open Road Renewables held multiple listening sessions for the surrounding community, modified its scope in light of the feedback, and claimed that 80% of public comments on the project were supportive. (Heatmap Pro, meanwhile, has Logan in the 99th percentile of the riskiest counties in America to build a clean energy project.)
  • What comes next for Grange Solar? The OPSB will ultimately have to vote on whether to side with its staff, though it rarely votes against. Open Road Renewables will then have the right to appeal this project. It feels unlikely that it’ll meet the company’s 2026 construction start plan.

3. Bandera County, Texas – On a slightly brighter note for solar, it appears that Pine Gate Renewables’ Rio Lago solar project might just be safe from county restrictions.

  • At a county commission hearing this week, Bandera Commissioner Jack Moseley told a room of anti-solar residents that even though he wanted to stop the project, there was no role for him to do so. That’s because, as we explained in our deep dive on Rio Lago, Texas’ state laws are quite weak on local control around solar.
  • “I don’t want it here. I don’t think any of these commissioners want it here, and I don’t think there’s anyone in this room that wants it here. But, we the County cannot stop it,” Moseley said, according to local news outlet Bandera Bulletin.

Here’s what else we’re watching…

In Illinois, Armoracia Solar is struggling to get necessary permits from Madison County.

In Kentucky, the mayor of Lexington is getting into a public spat with East Kentucky Power Cooperative over solar.

In Michigan, Livingston County is now backing the legal challenge to Michigan’s state permitting primacy law.

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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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