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Hotspots

A Midwestern Shot/Chaser for Renewables

The week’s most important conflicts around the energy transition.

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Heatmap illustration

1. Madison County, Ohio – All eyes are now on the Ohio Supreme Court, after opponents of the nation’s largest agri-voltaics project – Savion’s Oak Run solar farm – yesterday formally appealed a key approval from the state Power Siting Board.

  • We’ve previously explored how the fight over Oak Run is a flashpoint for solar on farmland. But perhaps even more important: it could decide the threshold for rejecting renewables in Ohio towns and counties that don’t want more projects.
  • Matt Eisenson at Columbia’s Sabin Center for Climate Law represents landowners intervening in support of the project. The big legal question in this appeal, he said, “is the extent to which public opinion and opposition by local government officials can be viewed as a proxy for the public interest.”
  • “[A]s a matter of law, one of the criteria for approval by the Ohio Power Siting Board is whether a project will serve the public interest, convenience, and necessity,” he explained in an email last night. “Can the Siting Board conclude, on the basis of local opposition alone, that a project does not serve the public interest?”
  • Eisenson said other legal challenges against other solar projects – Lightsource bp’s Birch Solar and Vesper Energy’s Kingwood Solar – could also decide this question. But crucially, Oak Run is the lone project of the three that was approved by the siting board.

2. Nassau County, New York – RWE and National Grid submitted the nation’s biggest offshore wind proposal to date to be built in the New York Bight with interconnection points in Brooklyn and Long Island …

  • …and days later, the member of Congress representing the Long Island connection point – Republican Rep. Anthony D’Esposito – came out against offshore wind.
  • Ironically, D’Esposito is the top Republican on the congressional offshore wind caucus.
  • “I was just asked the other day, why don’t you support offshore wind and certain battery storage?” D’Esposito said at a debate last week. “I don’t really see how building offshore wind farms and giant battery storage facilities is going to stop flooding in low-lying areas.”
  • If D’Esposito wins re-election, I expect him to become a Chris Smith-like figure in New York and take up the cause opposing offshore wind projects. It won’t matter for legislation – but as we’ve shown with other project fights, field hearings and oversight letters can be harmful to an individual project’s public perception.

3. Swift County, Minnesota – Rarely do we talk pro-renewables decisions here in The Fight’s Hotspots… but that changes today thanks to a rural Minnesota county rejecting a moratorium.

  • County commissioners blocked a moratorium, proposed by a petition signed by over 400 locals, for the second time last week, according to local media outlet West Central Tribune. If enacted, per the Tribune, it would bar Apex Clean Energy from constructing at least one utility scale solar farm in the western part of the county that could generate up to 400 megawatts in carbon-free power.
  • The commissioners have instead delegated the moratorium conversation to a renewable energy-focused committee with no clear timetable to conclude its work.

4. Fayette County, Pennsylvania – Another spot to watch for an anti-solar and wind ordinance is this county where developers are vying to stop restrictive property setback requirements.

  • If adopted, solar projects would have to be built in areas zoned for light or heavy industry and get special permits. They’d also have to be 300-600 feet from property lines and 1,200 feet from state roads.
  • Commissioners told the public and would-be solar developer Prospect 14 last week at a hearing it would study the legal and technical details of the subject and vote on the proposal at a later, unspecified date.
  • I’m not optimistic this county will side with the developers. The county zoning commission just rejected a Susquehanna Solar project because it was proposed too close to a school. The county also swung hard for Donald Trump in 2016, which Heatmap Pro’s data finds to be a flashing danger sign for developers.

5. Carroll County, Maryland – Developers have released the route for the Piedmont Reliability Project, a transmission proposal that will connect to a nuclear plant in Pennsylvania and will criss-cross Maryland. Some of the power will feed to data centers in Northern Virginia.

  • You can see a map of the transmission line route here. The line is necessary to avoid blackouts from coal plant retirements, which is partially why we included it on Heatmap’s list of 10 at-risk projects in the energy transition. (I would note state officials have stated this project is not a part of their climate goals, likely because some of the energy will feed data centers.)
  • Piedmont’s biggest hurdles are the same rural Maryland counties opposed to solar and wind on farmland. Residents are in outcry mode.
  • Public meetings on the proposal will be Nov. 12 in Baltimore County, Nov. 13 in Carroll County, and Nov. 14 in Frederick County. Dear reader, should I go to one?

Here’s what else we’ve been watching…

In Idaho, regulators approved a solar project on state endowment land – and of course, some Republican politicians are grousing about it.

In Kentucky, only three people showed up to oppose NextEra’s Weirs Creek solar project.

In Maine, state regulators were rejected by federal officials after a request for money to fund a proposed offshore wind construction site on Sears Island.

In Michigan, towns are sounding like they’re going to sue over a local control law intended to speed up renewables deployment.

In Virginia, county regulators are battling one another over a 2,200 acre solar farm proposed by AES Corporation in Isle of Wight county.

In New York, the upstate village of Wilson has enacted a battery storage moratorium.

Also in New York, Attentive Energy pulled out of the fifth offshore wind solicitation.

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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

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

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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