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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 Big Battery Relief in New York

And more of the week’s top news around project fights.

The United States.
Heatmap Illustration/Getty Images

1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.

  • On September 11, New York state regulators did a Friday News Dump: The Department of Environmental Conservation confirmed a large PFAS pollution site in East Hampton was explicitly tied to fighting a battery storage site fire. The investigation began after PFAS chemicals, known as “forever chemicals,” were detected in drinking water wells.
  • Investigators will still have to produce a final report, but in their bulletin confirming the pollution source, the agency said it is now working with state energy and fire officials to avoid a specific chemical fire suppression system identified as a potential culprit known as Novec 1230. “The investigation points to the fire suppression system, not battery storage, as a [PFAS] source,” the bulletin states, adding this system wasn’t used in other recent fires at BESS facilities.This defuses what was poised to be a new PR problem for the battery storage sector in a state where local moratoria and restrictive ordinances have become increasingly common.

2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.

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Q&A

The Case for a Data Center Dividend

A conversation with Sam Lyman of the Bitcoin Policy Institute.

The Bitcoin Policy Institute’s Sam Lyman.
Heatmap Illustration

This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.

I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.

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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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