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Hotspots

Southcoast Wind’s Last Dash

And more of this week’s top fights around renewable energy.

Map of renewable energy fights.
Heatmap Illustration

1. Nantucket County, Massachusetts – The Biden administration is rushing to finish permitting Ocean Winds’ Southcoast Wind project, a joint venture between EDP Renewables and Engie, before Donald Trump returns to the White House. Questions remain as to whether it can be done.

  • Since Election Day, Southcoast Wind has received full environmental review and received a draft EPA air permit last week. We’re still waiting on a record of decision though and until then, all bets are off.
  • Complicating matters is the town of Nantucket, Massachusetts, which is now fighting the Bureau of Ocean Energy Management to get more money and benefits in the event the project is fully permitted. They’re worried about blade failures.
  • Legal counsel for the town wrote BOEM on Oct. 30 objecting to the agency’s plans for mitigating potential impacts to the town’s historic properties, arguing the Vineyard Wind blade collapse must be fully investigated before any final approvals are granted.
  • Given how Southcoast Wind is close to the finish line at the federal level, I’m watching to see if this dispute with Nantucket becomes a basis for a permitting reversal in the event it can’t make its way through the process before Trump comes into office.

2. Pittsburg County, Oklahoma – Momentum is building for an anti-wind moratorium in this Oklahoma county home to multiple proposed wind projects.

  • The push for a moratorium is a response to a wind farm proposed by Red Earth Energy, according to the popular anti-wind blog National Wind Watch.
  • Activists this week packed a small meeting room with county officials to pressure them into action after they refused to develop an ordinance blocking wind. You can watch the chaos unfold on this cellphone video posted to Facebook.
  • Reports indicate activists are taking this fight anywhere they can – including county Republican Party meetings – in advance of potential litigation and lobbying state regulators.

3. Benton County, Washington – Remember when we told you advocates were going to sue over Washington state approving the Horse Heaven wind farm project? It’s happening.

  • Tri-Cities CARES was able to get enough money on its own to start the litigation process, although it has not released how much money it was able to fundraise, per local media. It estimates needing at least $200,000 on hand, which is a lot for a grassroots nonprofit.
  • As we previously told you, Tri-Cities CARES is not the group with the strongest standing to win a lawsuit against the state’s approval – that’s the Yakima Nation. The jury’s out as to whether they’ll be joining the activists here.

4. Branch County, Michigan – When a solar farm and a transmission project are the ones fighting, who wins? In the Mitten State, we’re about to find out.

  • NorthStar Clean Energy’s Branch Solar farm in south central Michigan is directly in the path of a proposed transmission line. NorthStar was just granted permission to intervene in the state regulator planning process, allowing them to weigh in on the line’s paths.
  • Plans for the transmission line are expected to be completed by mid-2025.

Here’s what else we’re watching…

In Ohio, a wind farm got a local approval for once: NextEra’s Swan Lake project.

In New Mexico, a county has approved the tax agreement for Orsted’s Blackwater solar project.

In Pennsylvania, a local newspaper’s editorial board has come out against activists that have “put the kibosh to more than a dozen proposed solar farm projects throughout the region.”

In West Virginia, state regulators have approved a Nedpower Mount Storm wind farm after the company reduced its size by more than 40 percent.

In Virginia, local officials are bracing for Virginia Beach traffic jams over constructing the Dominion Energy Coastal Virginia offshore wind project.

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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.
Heatmap Illustration/Getty Images

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

The Q&A subject.
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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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