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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 Trump’s Renewable Freeze Is Chilling Climate Tech

A chat with CleanCapital founder Jon Powers.

Jon Powers.
Heatmap Illustration

This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.

The following conversation was lightly edited for clarity.

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Hotspots

Indiana Rejects One Data Center, Welcomes Another

Plus more on the week’s biggest renewables fights.

The United States.
Heatmap Illustration/Getty Images

Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.

  • Real estate firm Prologis was the loser at the end of a five-hour hearing last night before the planning commission in Shelbyville, a city whose municipal council earlier this week approved a nearly 500-acre land annexation for new data center construction. After hearing from countless Shelbyville residents, the planning commission gave the Prologis data center proposal an “unfavorable” recommendation, meaning it wants the city to ultimately reject the project. (Simpsons fans: maybe they could build the data center in Springfield instead.)
  • This is at least the third data center to be rejected by local officials in four months in Indiana. It comes after Indianapolis’ headline-grabbing decision to turn down a massive Google complex and commissioners in St. Joseph County – in the town of New Carlisle, outside of South Bend – also voted down a data center project.
  • Not all data centers are failing in Indiana, though. In the northwest border community of Hobart, just outside of Chicago, the mayor and city council unanimously approved an $11 billion Amazon data center complex in spite of a similar uproar against development. Hobart Mayor Josh Huddlestun defended the decision in a Facebook post, declaring the deal with Amazon “the largest publicly known upfront cash payment ever for a private development on private land” in the United States.
  • “This comes at a critical time,” Huddlestun wrote, pointing to future lost tax revenue due to a state law cutting property taxes. “Those cuts will significantly reduce revenue for cities across Indiana. We prepared early because we did not want to lay off employees or cut the services you depend on.”

Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.

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Spotlight

Can the Courts Rescue Renewables?

The offshore wind industry is using the law to fight back against the Trump administration.

Donald Trump, a judge, and renewable energy.
Heatmap Illustration/Getty Images

It’s time for a big renewable energy legal update because Trump’s war on renewable energy projects will soon be decided in the courts.

A flurry of lawsuits were filed around the holidays after the Interior Department issued stop work orders against every offshore wind project under construction, citing a classified military analysis. By my count, at least three developers filed individual suits against these actions: Dominion Energy over the Coastal Virginia offshore wind project, Equinor over Empire Wind in New York, and Orsted over Revolution Wind (for the second time).

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