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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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Q&A

How to Sell Rural America on Data Centers

A conversation with Center for Rural Innovation founder and Vermont hative Matt Dunne.

The Q&A subject.
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This week’s conversation is with Matt Dunne, founder of the nonprofit Center for Rural Innovation, which focuses on technology, social responsibility, and empowering small, economically depressed communities.

Dunne was born and raised in Vermont, where he still lives today. He was a state legislator in the Green Mountain State for many years. I first became familiar with his name when I was in college at the state’s public university, reporting on his candidacy for the Democratic gubernatorial nomination in 2016. Dunne ultimately lost a tight race to Sue Minter, who then lost to current governor Phil Scott, a Republican.

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Hotspots

Why Virginia Forced Google to Spill Its Data Center Secrets

Plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

Botetourt County, Virginia – Google has released its water use plans for a major data center in Virginia after a local news outlet argued regulators couldn’t withhold that information under public records laws.

  • Google’s planned data center campus in Botetourt County has been wrapped in secrecy. Many details about the project have been exposed by the Roanoke Rambler, a local investigative media publication founded by Henri Gendreau, who has previously contributed to Wired, Bloomberg News, and other media outlets.
  • The Rambler sued the Western Virginia Water Authority, a quasi-public water regulator, to compel it to disclose how much water the data center complex planned to use. After a protracted legal battle, the authority released Google’s water contracts, confirming it would use 2 million gallons of water per day. That’s almost 10 times the amount used by the authority’s largest water customer, a Coca-Cola plant. The amount would increase to 8 million gallons daily if the data center campus expands.
  • Per the Rambler, this records release is the first time a data center deal has been ruled subject to public records requests in Virginia, i.e. exempt from trade secret protections. It could have sweeping implications for future efforts to hold data center developers accountable for their environmental impacts.

Montana – Ladies, gentlemen, and everyone in between, we have a freshly dead wind farm.

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Spotlight

Trump’s Renewables Permitting Thaw Is Also a Legal Strategy

The administration has begun shuffling projects forward as court challenges against the freeze heat up.

Solar panels and Donald Trump.
Heatmap Illustration/Getty Images

The Trump administration really wants you to think it’s thawing the freeze on renewable energy projects. Whether this is a genuine face turn or a play to curry favor with the courts and Congress, however, is less clear.

In the face of pressures such as surging energy demand from artificial intelligence and lobbying from prominent figures on the right, including the wife of Trump’s deputy chief of staff, the Bureau of Land Management has unlocked environmental permitting processes in recent weeks for a substantial number of renewable energy projects. Public documents, media reports, and official agency correspondence with stakeholders on the ground all show projects that had ground to a halt now lurching forward.

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