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Hotspots

Renewables Developers Get Sweaty Palms Across America

Here are the week’s top conflicts around clean energy in the U.S.

Map of renewable energy conflicts.
Heatmap Illustration

1. Barnstable County, Massachusetts – The SouthCoast offshore wind project will now be delayed for at least four years, developer Ocean Winds said on Friday, confirming my previous reporting that projects Biden seemed to fully approve were still at risk from Trump.

  • Biden’s Interior Department had said in December the SouthCoast project was “approved.” But according to this federal permitting data clearinghouse, the project still needs clearances from the National Oceanic and Atmospheric Administration as well as the EPA and Army Corps of Engineers. We previously reported the Army Corps of Engineers had all but frozen wetlands permitting for wind projects. Jury’s out on whether that has changed.

2. Albany County, New York – A judge in this county has cast a cloud over tax abatement calculations for essentially all solar and wind projects in the state.

  • In a ruling this week, Albany Supreme Court judge Joshua Farrell ruled the implementation of a recent state law giving tax incentives to solar and wind developers was unconstitutional. In his opinion, Farrell wrote the state legislature had exceeded its powers and failed to sufficiently define how renewable energy credits, or RECs, and investment tax credits should be used.
  • This will create incredible uncertainty for developers across the state, according to an analysis of the ruling published yesterday by law firm Hodgkins Russ. Their takeaway? It’s likely New York Attorney General Letiticia James appeals the ruling and considers it stayed until the appeal can be processed, but this will hardly provide comfort to industry, which is already reeling from the Trump effect.
  • “On the merits,” the law firm stated, “the decision creates continued uncertainty over how to value and assess renewable energy projects. Now, there is increased risk and exposure to both renewable energy developers, who may have higher assessments and higher real property taxes for their projects, and local taxing jurisdictions who will be forced to expend legal fees defending assessment challenges.”

3. Greene County, North Carolina – No more new solar farms here, at least for now.

  • This county enacted a moratorium this week on new solar farm permits for two years pending the completion of a solar zoning ordinance. It’s a quick step-change from when county officials approved a special use permit for a NextEra last month. Then again, the backlash to that project was so loud it forced the county to issue a public statement telling residents it had no involvement itself in the project or solicit its construction.

4. Logan County, Ohio – Sayonara, Grange Solar.

  • Open Road Renewables has canceled the Grange Solar agrivoltaics project amid local opposition and a recent recommendation from staff on the Ohio Power Siting Board to reject crucial permits.

5. Fannin County, Texas – The battery backlash we’ve warned you is on the horizon has spread to the small town of Savoy, north of Dallas, where residents are protesting en masse against an Engie battery storage project under construction.

  • Like elsewhere in Texas, it’s unclear there’s any way for the project to be stopped by local opposition. But I anticipate that as more cases of Texas battery fights make headlines, it carries the risk of state legislation or other forms of policy response from Texas regulators.

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Q&A

How Has the Rise of AI Changed the Odds of a Permitting Deal?

Catching up with the American Council on Renewable Energy’s Ray Long.

Ray Long.
Heatmap Illustration/Getty Images

Today’s chat is with Ray Long, CEO of the American Council on Renewable Energy. We first discussed the odds of permitting reform a year and a half ago, for one of the first Q&As in The Fight. Flash forward and we’re still in the same situation, but now also wrestling with added demand for electricity to power data centers. I wanted to talk again about whether he thought the rise of artificial intelligence would increase the odds of some federal deal happening any time soon. The result: a wide-reaching conversation about the future of the electric grid, the struggles to win community buy-in and the sclerotic nature of the U.S. Congress.

The following conversation was lightly edited for clarity.

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Hotspots

Ohio Is Waging a Multi-Front Assault Against Data Centers

Plus more of week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Ohio — This state might just be the most important flashpoint in the national fight over advanced energy and tech infrastructure.

  • Ohio is now home to one of the fiercest retaliatory strikes against the data center sector from a statewide elected Republican. Last week, Governor Mike DeWine said he was pausing access to the state’s tax exemption request program for all data centers (sans two projects that squeaked in under the wire).
  • In the state legislature, a new select committee on data center development got an earful from aggrieved anti-data center voices this week at their only hearing for public comment. Legislation and regulation feels all but inevitable. As lawmakers debate potential legislation, grassroots organizers opposed to development are gathering signatures in hope of landing a moratorium vote on the ballot this November.
  • Meanwhile, the state Supreme Court struck down permits for the biggest solar project in the state: Oak Run, a large agri-voltaics project backed by a Shell subsidiary.
  • As I previously wrote, the court challenge against Oak Run was a potential harbinger of the extent local opposition would be considered a proxy for “the public interest,” a legal term of art crucial to state energy and power permitting.
  • In a decision overruling the Ohio Power Siting Board, justices wrote the board’s “rationale” on this public interest question “misses the mark” because it failed to include photos or sketches addressing visual concerns raised by locals. The board will now have to reconsider Oak Run and compel new analysis specific to surrounding sightlines.
  • Conflict over large industrial development in Ohio was eminently predictable. Heatmap’s polling and modeling has consistently shown an Obama-Trump voting flip like the one Ohio landed in 2016 as a predictor for potential opposition to building renewable energy. Same goes for the fight over development on farmland — and Ohio is flush with prospective ag property. Knowing renewables-hostile areas are harder for data centers, this would be a likely no-go zone for developers if it wasn’t for existing fiber-optic cable networks.

2. Laramie County, Wyoming — The Cowboy State’s capital city is one of the few to reject a data center moratorium. But tech companies. don’t get your hopes up too high.

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Spotlight

Most Americans Want a National Data Center Moratorium

Politicians, take note.

Data center protesters.
Heatmap Illustration/Getty Images

The national AI data center moratorium has momentum.

As I’ve been documenting for months here at The Fight, data center opposition is surging across the country. Our latest Heatmap Pro poll, conducted by Embold Research, puts some very hard numbers behind that picture. More than 7 in 10 Americans oppose new data center construction near where they live, up from just over 4 in 10 last fall. Part of what’s driving that opposition: More than half of respondents hold data centers largely responsible for rising electricity prices, and nearly half are pessimistic about the effect artificial intelligence will have on their lives.

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