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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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Hotspots

A Permitting U-Turn in Indiana

map of renewable energy and data center conflicts
Heatmap Illustration

1. Marion County, Indiana — State legislators made a U-turn this week in Indiana.

  • The Indiana House passed a bill on Tuesday that would have allowed solar projects, data centers, and oil refineries on “poor soil.” Critics lambasted the bill for language they said was too vague and would wrest control from local governments, and on Thursday, local media reported that the legislation as written had effectively died.
  • Had it passed, the new rules would have brought Indiana’s solar permitting process closer to that of neighboring Illinois and Michigan, both of which limit the ability of counties and townships to restrict renewable energy projects. According to Heatmap Pro data, local governments in Indiana currently have more than 60 ordinances and moratoriums restricting renewable development on the books, making it one of the most difficult places to build renewable energy in the country.

2. Baldwin County, Alabama — Alabamians are fighting a solar project they say was dropped into their laps without adequate warning.

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Q&A

What Data Centers Mean for Local Jobs

A conversation with Emily Pritzkow of Wisconsin Building Trades

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Emily Pritzkow, executive director for the Wisconsin Building Trades, which represents over 40,000 workers at 15 unions, including the International Brotherhood of Electrical Workers, the International Union of Operating Engineers, and the Wisconsin Pipe Trades Association. I wanted to speak with her about the kinds of jobs needed to build and maintain data centers and whether they have a big impact on how communities view a project. Our conversation was edited for length and clarity.

So first of all, how do data centers actually drive employment for your members?

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Spotlight

Are Republicans Turning on Data Centers?

The number of data centers opposed in Republican-voting areas has risen 330% over the past six months.

Trump signs and a data center.
Heatmap Illustration/Getty Images

It’s probably an exaggeration to say that there are more alligators than people in Colleton County, South Carolina, but it’s close. A rural swath of the Lowcountry that went for Trump by almost 20%, the “alligator alley” is nearly 10% coastal marshes and wetlands, and is home to one of the largest undeveloped watersheds in the nation. Only 38,600 people — about the population of New York’s Kew Gardens neighborhood — call the county home.

Colleton County could soon have a new landmark, though: South Carolina’s first gigawatt data center project, proposed by Eagle Rock Partners.

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