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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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Spotlight

The National Park Service is Fighting a Solar Farm

A battle ostensibly over endangered shrimp in Kentucky

Mammoth Cave.
Heatmap Illustration/Library of Congress, Getty Images

A national park is fighting a large-scale solar farm over potential impacts to an endangered shrimp – what appears to be the first real instance of a federal entity fighting a solar project under the Trump administration.

At issue is Geenex Solar’s 100-megawatt Wood Duck solar project in Barren County, Kentucky, which would be sited in the watershed of Mammoth Cave National Park. In a letter sent to Kentucky power regulators in April, park superintendent Barclay Trimble claimed the National Park Service is opposing the project because Geenex did not sufficiently answer questions about “irreversible harm” it could potentially pose to an endangered shrimp that lives in “cave streams fed by surface water from this solar project.”

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Hotspots

Ben Carson vs. the Anti-Solar Movement

And more on the week’s most important conflicts around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Dukes County, Massachusetts – The Supreme Court for the second time declined to take up a legal challenge to the Vineyard Wind offshore project, indicating that anti-wind activists' efforts to go directly to the high court have run aground.

  • The more worthwhile case to follow now is the Democratic state-led challenge to Trump’s executive order against offshore wind, which was filed earlier this week.
  • That lawsuit argues, among other things, that the order violated the Administrative Procedures Act and was “contrary to and in excess of” existing environmental and coastal energy leasing laws. One can easily assume the administration and Democratic states may take this case all the way to the high court depending how the federal district court judge rules in the case.

2. Brooklyn/Staten Island, New York – The battery backlash in the NYC boroughs is getting louder – and stranger – by the day.

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Q&A

Meet the Avatar Fan Fighting for Offshore Wind

A conservation with George Povall of All Our Energy

The May 8 interviewee.
Heatmap Illustration

Today’s chat is with George Povall, director of the All Our Energy pro-offshore wind environmental group. Povall – who told me he was inspired to be an environmentalist by the film Avatar – has for more than a decade been a key organizer on the ground in the Long Island area for supporting offshore wind development. But these days he spends a lot more time fighting renewables disinformation, going so far as to travel the community trying to re-educate people about this technology in light of the loud activism against it.

After the news dropped that states are suing to undo the Trump executive order against offshore wind, I wanted to chat with Povell about what environmentalists should do to combat the anti-renewables movement and whether there’s still any path forward for the industry he’s spent nearly a decade working to build as an activist.

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