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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

The Data Center Transmission Brawls Are Just Getting Started

What happens when one of energy’s oldest bottlenecks meets its newest demand driver?

Power line construction.
Heatmap Illustration/Getty Images

Often the biggest impediment to building renewable energy projects or data center infrastructure isn’t getting government approvals, it’s overcoming local opposition. When it comes to the transmission that connects energy to the grid, however, companies and politicians of all stripes are used to being most concerned about those at the top – the politicians and regulators at every level who can’t seem to get their acts together.

What will happen when the fiery fights on each end of the wire meet the broken, unplanned spaghetti monster of grid development our country struggles with today? Nothing great.

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Hotspots

Will Maine Veto the First State-Wide Data Center Ban?

Plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Franklin County, Maine – The fate of the first statewide data center ban hinges on whether a governor running for a Democratic Senate nomination is willing to veto over a single town’s project.

  • On Wednesday, the Maine legislature passed a total ban on new data center projects through the end of 2027, making it the first legislative body to send such a bill to a governor’s desk. Governor Janet Mills, who is running for Democrats’ nomination to the Senate, opposed the bill prior to the vote on the grounds that it would halt a single data center project in a small town. Between $10 million and $12 million has already been sunk into renovating the site of a former paper mill in Jay, population 4,600, into a future data center. Mills implored lawmakers to put an exemption into the bill for that site specifically, stating it would otherwise cost too many jobs.
  • It’s unclear whether Mills will sign or veto the bill. Her office has not said whether she would sign the bill without the Jay exemption and did not reply to a request for comment. Neither did the campaign for Graham Platner, an Iraq War veteran and political novice running competitively against Mills for the Senate nomination. Platner has said little about data centers so far on the campaign trail.
  • It’s safe to say that the course of Democratic policy may shift if Mills – seen as the more moderate candidate of the two running for this nomination – signs the first state-wide data center ban. Should she do so and embrace that tack, it will send a signal to other Democratic politicians and likely accelerate a further shift into supporting wide-scale moratoria.

2. Jerome County, Idaho – The county home to the now-defunct Lava Ridge wind farm just restricted solar energy, too.

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Q&A

Why Data Centers Need Battery Storage

A chat with Scott Blalock of Australian energy company Wärtsilä.

Scott Blalock.
Heatmap Illustration/Getty Images

This week’s conversation is with Scott Blalock of Australian energy company Wärtsilä. I spoke with Blalock this week amidst my reporting on transmission after getting an email asking whether I understood that data centers don’t really know how much battery storage they need. Upon hearing this, I realized I didn’t even really understand how data centers – still a novel phenomenon to me – were incorporating large-scale battery storage at all. How does that work when AI power demand can be so dynamic?

Blalock helped me realize that in some ways, it’s more of the same, and in others, it’s a whole new ballgame.

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