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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

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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Q&A

Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.

Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

The following conversation was lightly edited for clarity.

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

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