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Hotspots

Trump Administration to ‘Reconsider’ Approval for MarWin

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

The United States.
Heatmap Illustration/Getty Images

1. Sussex County, Delaware – The Trump administration has confirmed it will revisit permitting decisions for the MarWin offshore wind project off the coast of Maryland, potentially putting the proposal in jeopardy unless blue states and the courts intervene.

  • Justice Department officials admitted the plans in a paragraph tucked inside a filing submitted to a federal court in Delaware this week in litigation brought by a beach house owner opposed to the offshore wind project.
  • DOJ stated in the filing that more time was “necessary as Interior intends to reconsider its [construction and operations plan] approval” for MarWin, and that it plans to “move” for “voluntary remand of that agency action” in a separate case filed by Ocean City, Maryland against the project.
  • “The outcome of Interior’s reconsideration has the potential to affect the Plaintiff’s claims in this case,” the filing stated. “Continuing to litigate this case before any decision is made in the [Ocean City case] would potentially waste considerable time and resources for both the parties and the Court.” As of today, no new filings have been made in the Ocean City case.

2. Northwest Iowa – Locals fighting a wind project spanning multiple counties in northern Iowa are opposing legislation that purports to make renewable development easier in the state.

  • Both chambers of the Iowa legislature appear to be advancing an effort to streamline renewable permitting at the state and local level. Both versions of the bill – HSB 317 in the House and SF 376 in the Senate – would among other things create restrictions on local setback distances and standards on what guidelines municipalities can put in place against renewables projects.
  • Subcommittees in both chambers have recommended passage of the bills. It is unclear at the moment whether either of them stand a chance at becoming law soon, though it is altogether notable to see this effort gain traction in the Midwest.
  • Despite this uncertainty, the bills are reportedly becoming an issue in areas like Dickinson County, where some residents are fighting Invenergy’s Red Rock Wind Energy Center. I first learned about this effort because landowners against Red Rock now claim the setback restrictions in the bills would be insufficient to preserve their “property rights.”

3. Pima County, Arizona – Down goes another solar-powered data center, this time in Arizona.

  • Residents in Tuscon successfully defeated an Amazon proposal to build “Project Blue,” a hulking data center project. Tucson’s city council unanimously directed its staff to halt work on the project citing concerns about water use and energy demand.
  • According to public documents, Project Blue was itself proposed in Tuscon because it would get access to the region’s mix of renewable energy generation. The project would purportedly also include the construction of new solar-and-storage facilities to help power operations.

4. San Diego County, California – A battery storage developer has withdrawn plans to build in the southern California city of La Mesa amidst a broadening post-Moss Landing backlash over fire concerns.

  • EnerSmart, the developer of the project, told local media it rescinded the plans last week because of concerns about a transmission bottleneck. However, some of those fighting battery storage across the state have publicly taken credit for the decision and claim it was the product of community meetings with La Mesa.
  • “It was right next to homes, in close proximity to a school and conveniently positioned directly across the street from a substation,” wrote Kendra Correia, an activist who has fought other battery projects north of San Diego, in a Facebook post. “This community rallied together, met with local government leaders, gained media attention and campaigned against the placement of this facility, that would endanger their community. Congratulations!”

5. Logan and McIntosh Counties, North Dakota – These days, it’s worth noting when a wind project even gets approved.

  • North Dakota’s Public Service Commission approved Orsted’s Badger wind farm, which will span two counties in a southernmost stretch of the state. It did so despite the Federal Aviation Administration apparently denying the use of advanced lighting alerts for about half of the turbines.
  • The project will apparently complete construction before the end of 2025, which means it may ultimately still be able to qualify for tax credits under the Inflation Reduction Act.

6. Hamilton County, Indiana – This county is now denying an Aypa battery storage facility north of Indianapolis despite growing power concerns in the region.

  • Apparently, like many other places in the U.S., concerns about battery fires won out. Chemical worries also abounded, with at least one resident reportedly saying in the public hearing on the project that they’re worried about tornadoes picking up batteries.
  • Hamilton has an incredibly high renewable energy support score – but its opposition risk is just as high in the Heatmap Pro database. The reasoning? A powerful mixture of political resentment and a high population density.
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Q&A

Should Renewable Energy Companies Sue Trump?

They don’t have much to lose, Heiko Burow, an attorney at Baker & Mackenzie, tells me.

Heiko Burow.
Heatmap Illustration

This week, since this edition of The Fight was so heavy, I tried something a little different: I interviewed one of my readers, Heiko Burow, an attorney with Baker & Mackenzie based in Dallas, Texas. Burow doesn’t work in energy specifically – he’s an intellectual property lawyer – but he’s read many of my scoops over the past few weeks about attacks on renewable energy and had legitimate criticism! Namely, as a lawyer who is passionate about the rule of law, he wanted to send a message to any developers and energy wonks reading me to use the legal system more often as a tool against attacks on their field.

The following conversation has been abridged for clarity. Let’s dive in.

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Spotlight

Interior’s Renewables Attacks Snag Power Lines

Nevada's Greenlink North is hit with a short, but ominous delay.

Solar panels and pylons.
Heatmap Illustration/Getty Images

I can now confirm the Trump administration’s recent attacks on renewables permitting appear to be impacting transmission projects, too.

Over the past two weeks, the Interior Department has laid forth secretarial orders implementing a new regime for renewables permitting on federal lands. This has appeared to essentially kill the odds of utility-scale solar or wind projects on federal land getting approved any time soon. Public timetables for large solar projects across the American West have suddenly slipped back by years-long intervals, and other mega-projects – like Esmeralda 7 – appear now to be trapped in limbo.

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Q&A

Will Blue States Open Up Their Wallets for Renewables?

A conversation with Heather O’Neill of Advanced Energy United.

The Fight Q&A subject.
Heatmap Illustration

This week’s conversation is with Heather O’Neill, CEO of renewables advocacy group Advanced Energy United. I wanted to chat with O’Neill in light of the recent effective repeal of the Inflation Reduction Act’s clean electricity tax credits and the action at the Interior Department clamping down on development. I’m quite glad she was game to talk hot topics, including the future of wind energy and whether we’ll see blue states step into the vacuum left by the federal government.

The following conversation has been lightly edited for clarity.

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