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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

How Trump’s Speed-to-Power Push for Data Centers Could Backfire

Will moving fast and breaking air permits exacerbate tensions with locals?

Donald Trump and Rick Perry.
Heatmap Illustration/Getty Images

The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.

On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.

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Hotspots

South Carolina County Mulls Lifting Solar Ban

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

The United States.
Heatmap Illustration/Getty Images

1. Berkeley County, South Carolina – Forget about Richland County, Ohio. All eyes in Solar World should be on this county where officials are trying to lift a solar moratorium.

  • Berkeley County instituted a solar moratorium in 2023. Now RWE is asking the county to lift the moratorium and the county’s land use committee voted this week at a hearing to recommend doing so, citing concerns from state utility Santee Cooper about energy prices. The county has seen electricity prices rise roughly 20% over the past three years, according to our Electricity Price Hub.
  • “They flat out said they need more power. They’re not going to have enough power by 2029,” councilmember Amy Stern said at a hearing Monday. “We are going to have more of this [discussion]. The moratorium lift[ing], all it does is allow us to get more information.” RWE wants to rezone land for a utility-scale solar farm the company claims would provide 198 megawatts, enough power for 37,000 homes.
  • Some most vocally supportive of the moratorium packed the hearing room, becoming so boisterous the council threatened local sheriff intervention. This shouldn’t be surprising; public opinion modeling indicates overall support for renewable energy in Berkeley County but the area has a substantial opposition risk score – 62 – in the Heatmap Pro database.
  • I’m closely monitoring whether the outcry overrules concerns about energy prices and Berkeley County supervisor Johnny Cribb told attendees of the hearing he’s against lifting the moratorium: “I’m against large-scale solar farms in this county, because of the reality of our county.”

2. Hill County, Texas – We have our first Texas county trying to ban new data centers and it’s in one of the more conservative pockets of the state.

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Q&A

The Biggest Data Center Critic in Utah Politics

A conversation with Utah state senator Nate Blouin.

Nate Blouin.
Heatmap Illustration

This week’s conversation is with Utah state senator Nate Blouin – a candidate for the Democratic nomination to represent the state’s 1st Congressional District, which includes Salt Lake City. I reached out to Blouin amidst the outpouring of public attention on the Box Elder County data center project backed by celebrity investor Kevin O’Leary. His positions on data centers and energy development, including support for a national AI data center moratorium, make him a must-watch candidate for anyone in this year’s Democratic congressional primaries. (It’s worth noting this seat was recently redrawn in ways that made it further left.)

The following conversation was lightly edited for clarity.

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