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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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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

The Blast Radius of Interior’s Anti-Renewables Order Could Be Huge

Solar and wind projects will take the most heat, but the document leaves open the possibility for damage to spread far and wide.

Wetlands, Donald Trump, and solar panels.
Heatmap Illustration/Getty Images

It’s still too soon to know just how damaging the Interior Department’s political review process for renewables permits will be. But my reporting shows there’s no scenario where the blast radius doesn’t hit dozens of projects at least — and it could take down countless more.

Last week, Interior released a memo that I was first to report would stymie permits for renewable energy projects on and off of federal lands by grinding to a halt everything from all rights-of-way decisions to wildlife permits and tribal consultations. At minimum, those actions will need to be vetted on a project-by-project basis by Interior Secretary Doug Burgum and the office of the Interior deputy secretary — a new, still largely undefined process that could tie up final agency actions in red tape and delay.

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Hotspots

Idaho’s Lava Ridge Wind Farm Faces a New Fight in Congress

We’re looking at battles brewing in New York and Ohio, plus there’s a bit of good news in Virginia.

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1. Idaho — The LS Power Lava Ridge wind farm is now facing a fresh assault, this time from Congress — and the Trump team now seems to want a nuclear plant there instead.

  • House Republicans this week advanced an Interior Department appropriations bill that would indefinitely halt federal funding for any permits related to the proposed wind facility “unless and until” the president reviews all of its permits issued under the Biden administration. Biden had completed permitting right before Trump took office.
  • Trump had already ordered a stop to construction on the project as part of a Day 1 flurry of executive orders. But if this policy rider becomes law, it could effectively handcuff any future president after Trump from allowing Lava Ridge to move forward.
  • While Democrats tend to view riders like these unfavorably and attempt to get rid of them, government funding packages require 60 votes in the Senate to break a filibuster, which often means partisan policies from funding bills passed by previous Congresses are challenging to get rid of and can stick around for long stretches of time.
  • By that same logic, one would assume that the need to hit that 60 number now requires Democrats, so wouldn’t they need them and want to ditch this rider? Except one thing: it is exceedingly likely given past congressional fights that the party’s right flank in the House requests fresh concessions. Policy riders like these become chits in that negotiation – and I do expect this one to be an easy sop for this flank given the executive order is already in place.
  • There’s also the whole matter of whether LS Power will try to proceed with this project under a future president amidst increasing pressure on the company. That’s likely why Sawtooth Energy, an energy developer interested in building new small modular nuclear reactors, is now eyeing the project site.

2. Suffolk County, New York — A massive fish market co-op in the Bronx is now joining the lawsuit to stop Equinor’s offshore Empire Wind project, providing anti-wind activists a powerful new ally in the public square.

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Q&A

How to Fight Back Against Anti-Renewable Activists

Getting local with Matthew Eisenson of Columbia Law School’s Sabin Center for Climate Change Law.

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This week’s conversation is with Matthew Eisenson at Columbia Law School’s Sabin Center for Climate Change Law. Eisenson is a legal expert and pioneer in the field of renewable energy community engagement whose work on litigating in support of solar and wind actually contributed to my interest in diving headlong into this subject after we both were panelists at the Society of Environmental Journalists’ annual conference last year. His team at the Sabin Center recently released a report outlining updates to their national project tracker, which looks at various facility-level conflicts at the local level.

On the eve of that report’s release earlier this month, Eisenson talked to me about what he believes are the best practices that could get more renewable projects over the finish line in municipal permitting fights. Oh — and we talked about Ohio.

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