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Hotspots

Ocean City Floats an Offshore Lawsuit, Federal Preservationists Quit Lava Ridge, and More

Here are the most notable renewable energy conflicts over the past week.

Map of US.
Heatmap Illustration

1. Worcester County, Maryland  Ocean City is preparing to go to court “if necessary” to undo the Bureau of Ocean Energy Management’s approval last week of U.S. Wind’s Maryland Offshore Wind Project, town mayor Rick Meehan told me in a statement this week.

  • Meehan listed off a litany of requests before the town apparently will be comfortable with the project, including a review of Ocean City property values, an economic study on impacts to the local economy, and safety measures to address blade failures like what happened at Vineyard Wind. Ultimately the town wants the project relocated “further to the east, as we have been asking for the past seven and a half years.”
  • A lawsuit is definitely on the table but not guaranteed: “We will be meeting with our consultants and attorneys to discuss our next course of action. The last thing we want to do is go to court but we are prepared to do so if necessary to make sure that all environmental protection laws are complied with and that the safety and well-being of all our citizens [is] protected.”

2. Magic Valley, Idaho – The Lava Ridge Wind Project would be Idaho’s biggest wind farm. But it’s facing public outcry over the impacts it could have on a historic site for remembering the impact of World War II on Japanese residents in the United States.

  • If constructed, it would surround internment camps where Japanese people were forcibly detained by the American government during the war. Activists opposed to Lava Ridge say that constructing the project would impact the solace of the space, killing the somber vibe. GOP politicians have also seized on the public relations morass.
  • On Friday, the federal advisory council overseeing historic preservation law ended its consultation with regulators on the wind project, which is proposed by a subsidiary of LS Power.
  • The council cited a number of factors, including the inability to mitigate impacts to the site as well as the unwillingness of Idaho state historic site regulators to go along with consultation.
  • This has no apparent effect on project approval – at least not yet. Whether it’ll mean much will be up to the Bureau of Land Management, which takes into consideration the views of the advisory council in its decisions.

3. Kossuth County, Iowa – Iowa’s largest county – Kossuth – is in the process of approving a nine-month moratorium on large-scale solar development.

  • Kossuth is already home to considerable renewable energy, including large wind farms operated by Invenergy and EDF Renewables.
  • Anxiety generally is bubbling in Kossuth over an outgrowth of various energy projects aimed at decarbonization and the county is also involved in opposing the Summit Carbon Pipeline.
  • County officials recently met with a researcher at Iowa State conducting federally-funded research of how solar could be deployed at the local level, per media reports.

Here’s a few more hotspots I’m watching…

  • In Indiana, Aypa Power’s attempts to build a solar farm in Madison, Indiana have hit a snag with the city council voting against the project.
  • Also in Iowa, opposition to an Apex Clean Energy wind farm could lead to a new county ordinance against wind.
  • In New York, the town of Springfield is scheduled to meet Monday on a proposed temporary wind moratorium spurred by New Leaf Energy wind project.
  • In Ohio, Whirlpool Corp. is hitting local snags as it tries to build three wind turbines.
  • In Oregon, an 11-acre solar farm from Shoestring Solar LLC was greenlit by the small town of Riddle in spite of local dissent from its would-be neighbors.

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Hotspots

Judge, Siding With Trump, Saves Solar From NEPA

And more on the week’s biggest conflicts around renewable energy projects.

The United States.
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1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.

  • We previously reported that this lawsuit filed by frustrated Kansans targeted implementation of the IRA when it first was filed in February. That was true then, but afterwards an amended complaint was filed that focused entirely on the solar farm at the heart of the case: NextEra’s Jeffrey Solar. The case focuses now on whether Jeffrey benefiting from IRA credits means it should’ve gotten reviewed under the National Environmental Policy Act.
  • Perhaps surprisingly to some, the Trump Justice Department argued against these NEPA reviews – a posture that jibes with the administration’s approach to streamlining the overall environmental analysis process but works in favor of companies using IRA credits.
  • In a ruling that came down on Tuesday, District Judge Holly Teeter ruled the landowners lacked standing to sue because “there is a mismatch between their environmental concerns tied to construction of the Jeffrey Solar Project and the tax credits and regulations,” and they did not “plausibly allege the substantial federal control and responsibility necessary to trigger NEPA review.”
  • “Plaintiffs’ claims, arguments, and requested relief have been difficult to analyze,” Teeter wrote in her opinion. “They are trying to use the procedural requirements of NEPA as a roadblock because they do not like what Congress has chosen to incentivize and what regulations Jackson County is considering. But those challenges must be made to the legislative branch, not to the judiciary.”

2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.

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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

A data center.
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Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.

The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.

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Q&A

How the Wind Industry Can Fight Back

A conversation with Chris Moyer of Echo Communications

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Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”

Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.

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