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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

Wind Industry Goes for Broke Against Trump

Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.

Donald Trump and a wind turbine.
Heatmap Illustration/Getty Images

Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.

As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.

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Hotspots

The Renewables Battle Underway in Arizona

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.

  • I’ve detailed how this county is a crucial battleground in the fight over local restrictions on renewable energy. So profound the conflict has been over renewables in Apache County that it helped spur a failed campaign to enact a statewide pause on wind development.
  • Well, the next engagement is underway: On June 3, the Apache County Planning and Zoning Commission recommended a temporary moratorium on future solar and wind development, responding to resident-run campaigns against specific projects.
  • I’ve noticed large advocacy non-profits have begun running hyperlocal letter campaigns to the Apache County Board of Supervisors asking pro-renewables voices to weigh in against the moratorium. Arizonans for a Clean Economy is running a sponsored ad on Google, resulting in a letter campaign popping up if you search renewable energy and the name of the state. “Send a letter today and ask your Supervisor to support policies that unleash Arizona’s energy potential while keeping costs low, conserving our water, and creating energy independence for Apache County,” their letter-writing website states.
  • Meanwhile, Veterans Power America, a national organization, is asking people to tell the board: “Clean energy projects can bring new revenue and economic opportunity to Apache County for Veterans like us. Don’t shut the door on progress.” (For what it's worth, I learned of this ad from anti-wind activists complaining about it on Facebook.)
  • What happens now is a procedural waiting game. The county will now go through a public notice and comment process ahead of formal consideration of the planning and zoning commission’s recommendations. While a decision isn’t imminent, I will be watching this one like the area’s sharp-shinned hawk.

2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.

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Q&A

What Would Make the Data Center Boom Popular?

A conversation with Mark Muro, senior fellow at the Brookings Institute’s metro policy program

Mark Muro.
Heatmap Illustration

Today’s conversation is with Mark Muro, senior fellow at the Brookings Institute’s metro policy program. Too often I’m asked, what’s the version of a data center boom that people like? I reached out to Muro because he recently coauthored research into the ways communities and data centers can potentially work together to build more mutually beneficial and popular industry growth. The conversation wound up perfect for The Fight, so I had to include it in full.

The following Q&A was lightly edited for clarity.

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