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Hotspots

A Hail Mary Kansas Lawsuit Against the IRA

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

A Hail Mary Kansas Lawsuit Against the IRA
  1. Jackson County, Kansas — We’ve been covering anti-renewable lawsuits in the Trump 2.0 era closely at The Fight. But we now have a champion for the most aggressive lawsuit yet: a case filed against a single solar project intended to somehow kill … the entire Inflation Reduction Act?
    1. Three Kansas residents have gotten the support of five seasoned attorneys — including two Federalist Society alums — to sue the federal government claiming that projects benefiting from IRA tax credits should have to be reviewed under the National Environmental Policy Act, and that implementation of the IRA violated the Administrative Procedures Act.
    2. Their lawsuit, which was filed days before Trump took office, cites a single NextEra project in Kansas to make its claims of tangible damages.
    3. We asked the attorneys to comment on the lawsuit, as we’re wondering if this is an opening salvo before a broader legal effort to challenge IRA implementation.
    4. It’s worth saying this is obviously a huge ask of the administration, even in the Trump era. Not to mention it’s unclear how this legal complaint will fare with Trump’s decision to knock down NEPA implementing regulations (more on that in our Policy Watch section). But at a minimum, this is a noteworthy and novel attempt at what some may argue is a nuisance lawsuit — and indicates how conservative legal experts are finding common cause with disgruntled neighbors of renewables projects.
  2. St. James Parish, Louisiana — A state judge ruled this week that St. James Parish lawfully rejected what is believed to be one of the state’s largest solar projects.
    1. The Parish Council last year denied D.E. Shaw Renewables’ St. James Solar Energy Center which was supposed to connect to an Entergy substation as part of that utility’s solar and wind project pipeline.
    2. The rejection however came after years of local resistance to the project. D.E. Shaw took them to court after the most recent denial. But now they’ve lost, with a state judge ruling this week that they’ve failed to prove the council had good reason to say no.
    3. It’s a potential bad omen for Entergy’s efforts to complete the largest renewables expansion in state history.
  3. Alaska — We’ve never talked about Alaska here at The Fight but it’s time to do so, because renewables projects are having trouble up North.
    1. Renewable IPP is pulling the plug on a large solar project in Nikiski, a village southwest of Anchorage, citing uncertainty around federal funding and tax credits.
    2. The remote city of Kotzebue is trying to develop wind turbines to move its grid off of fossil fuels. But its money is tied up in the Trump funding freeze.
    3. Why am I watching this so closely? Alaska Governor Mike Dunleavy is quietly pro renewables. Its broader effort to use “all of the above” to market his state’s relevance in energy markets and its minerals tied to the energy transition.

Here’s what else I’m watching …

In Massachusetts, anti-wind activist Mary Chalke is running for a seat on the select board for the town of Nantucket. She’s well known for wearing a whale costume to protests.

In North Carolina, local pro-wind advocates hope Duke Energy’s land-based wind projects will be safe from the Trump administration.

In Washington State, Whitman County has imposed a wind moratorium.

In Virginia, Apex Clean Energy’s Rocky Forge solar project has survived a legal challenge.

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Spotlight

The New Transmission Line Pitting Trump’s Rural Fans Against His Big Tech Allies

Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.

Donald Trump, Maryland, and Virginia.
Heatmap Illustration/Getty Images

A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.

The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.

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Hotspots

Trump Punished Wind Farms for Eagle Deaths During the Shutdown

Plus more of the week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.

  • On November 3, Fox News published a story claiming it had “reviewed” a notice from the Fish and Wildlife Service showing that it had proposed fining Orsted more than $32,000 for dead bald eagles that were discovered last year at two of its wind projects – the Plum Creek wind farm in Wayne County and the Lincoln Land Wind facility in Morgan County, Illinois.
  • Per Fox News, the Service claims Orsted did not have incidental take permits for the two projects but came forward to the agency with the bird carcasses once it became aware of the deaths.
  • In an email to me, Orsted confirmed that it received the letter on October 29 – weeks into what became the longest government shutdown in American history.
  • This is the first action we’ve seen to date on bird impacts tied to Trump’s wind industry crackdown. If you remember, the administration sent wind developers across the country requests for records on eagle deaths from their turbines. If companies don’t have their “take” permits – i.e. permission to harm birds incidentally through their operations – they may be vulnerable to fines like these.

2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.

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Q&A

The Guy Debunking Myths About Wind Along the Jersey Shore

A conversation with Cape May County Commissioner candidate Eric Morey.

Eric Morey.
Heatmap Illustration

This week’s conversation is with Eric Morey, who just ran to be a commissioner for Cape May County, New Jersey – one of the Garden State coastal counties opposed to offshore wind. Morey is a Democrat and entered the race this year as a first-time politician, trying to help crack the county panel’s more-than-two-decade Republican control. Morey was unsuccessful, losing by thousands of votes, but his entry into politics was really interesting to me – we actually met going back and forth about energy policy on Bluesky, and he clearly had a passionate interest in debunking some of the myths around renewables. So I decided to call him up in the hopes he would answer a perhaps stupid question: Could his county ever support offshore wind?

The following conversation has been lightly edited for clarity.

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