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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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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.

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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

A data center.
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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

The Q&A subject.
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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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