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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

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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