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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

Battery Developers Are Feeling Bullish on Mamdani

NineDot Energy’s nine-fiigure bet on New York City is a huge sign from the marketplace.

Battery installation.
Heatmap Illustration/NineDot Energy, Getty Images

Battery storage is moving full steam ahead in the Big Apple under new Mayor Zohran Mamdani.

NineDot Energy, the city’s largest battery storage developer, just raised more than $430 million in debt financing for 28 projects across the metro area, bringing the company’s overall project pipeline to more than 60 battery storage facilities across every borough except Manhattan. It’s a huge sign from the marketplace that investors remain confident the flashpoints in recent years over individual battery projects in New York City may fail to halt development overall. In an interview with me on Tuesday, NineDot CEO David Arfin said as much. “The last administration, the Adams administration, was very supportive of the transition to clean energy. We expect the Mamdani administration to be similar.”

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Hotspots

A Solar Fight in Wild, Wild Country

The week’s most notable updates on conflicts around renewable energy and data centers.

The United States
Heatmap Illustration/Getty Images

1. Wasco County, Oregon – They used to fight the Rajneeshees, and now they’re fighting a solar farm.

  • BrightNight Solar is trying to build a giant solar farm in the rural farming town of Deschutes, Oregon. Except there’s just one problem: Rated as a 82 out of 100 for risk by Heatmap Pro, the county is a vociferously conservative agricultural area known best as the site of the Netflix documentary Wild, Wild Country. Despite the fact the project is located miles away from the town, the large landowners surrounding the facility’s proposed location are vehemently opposed to construction, claiming it would be built “right on top of them.” (At least a cult isn’t poisoning the food this time.)
  • An activist group called Save Juniper Flat published an open letter to Donald Trump’s Agriculture Department stating that it’s located on land designated as “exclusive” for farming, and that the agency should conduct “awareness, oversight, and any assistance” to ensure the property “remains truly protected from industrialization – not just on paper, more importantly in reality.” It’s worth stating that BrightNight claims the project is intentionally sited on less suitable farmland.
  • The group did not respond to a request for comment about whether the letter was also provided directly to the agency, but one must reasonably assume they are seeking its attention.

2. Worcester County, Maryland – The legal fight over the primary Maryland offshore wind project just turned in an incredibly ugly direction for offshore projects generally.

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Q&A

Can an Algorithm Solve Data Centers’ Power Problem?

A conversation with Adib Nasle, CEO of Xendee Corporation

The Q&A subject.
Heatmap Illustration

Today’s Q&A is with Adib Nasle, CEO of Xendee Corporation. Xendee is a microgrid software company that advises large power users on how best to distribute energy over small-scale localized power projects. It’s been working with a lot with data centers as of late, trying to provide algorithmic solutions to alleviate some of the electricity pressures involved with such projects.

I wanted to speak with Nasle because I’ve wondered whether there are other ways to reduce data center impacts on local communities besides BYO power. Specifically, I wanted to know whether a more flexible and dynamic approach to balancing large loads on the grid could help reckon with the cost concerns driving opposition to data centers.

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