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Hotspots

Trump’s Justice Department Goes to Bat for Offshore Wind in Maryland

And more of the week’s top news in renewable energy fights.

Map of renewable energy fights.
Heatmap Illustration

1. Waldo County, Maine – The Republican-led bid to stop an offshore wind industrial site on Sears Island has failed.

  • As we told you, GOP legislators introduced a measure to extend an existing conservation easement to stop construction of an assembly site for floating offshore wind projects that political leaders hoped to build in the Gulf of Maine.
  • This bill failed yesterday, garnering less than a majority of support in a vote before the state Senate.

2. Atlantic County, N.J. – We’re expecting a decision any minute now in the fight over EPA’s decision to rescind a crucial air permit for the Atlantic Shores’ offshore wind project.

  • Deliberations before the EPA’s appeals board have reached a boiling point, with Atlantic Shores’ attorneys arguing that the decision cast a pall over the agency’s air permitting regime. Predictably, the EPA has defended its decision, which was prompted by President Donald Trump’s anti-wind executive order.
  • Late yesterday, Atlantic Shores filed a reply to the EPA’s defense – and we’re expecting a decision to come down any minute after. We’ll tell you when it comes.

3. Worcester County, Maryland – This may surprise you but the Trump administration’s Justice Department argued against opponents of offshore wind.

  • Justice Department attorneys filed a motion on March 31 refuting claims filed by coastal towns opposed to the U.S. Wind project off the coast of Maryland under the Migratory Bird Treaty Act and Coastal Zone Management Act – two of the statutes cited in the lawsuit challenging permits for the project.
  • The filing didn’t argue against the entirety of the opponents’ claims – just those citing these specific environmental statutes. DOJ’s argument appears to surround the precedent potentially set by these claims; for example, the government’s lawyers put forward that the opponents of the offshore wind project misused the Migratory Bird Treaty Act against the federal government’s authorizations of activities that impact species.
  • “The MBTA cannot be enforced against a federal agency for permitting a project that could someday result in incidental take of migratory birds,” the filing stated.
  • It is unclear if this means the DOJ will stand idle while opponents challenge the permits on other grounds.

4. Wake County, North Carolina – Legislators in Tar Heel County are considering a bill to remove solar tax credits for projects on farmland.

  • The bill, which received a hearing earlier this week in the North Carolina Statehouse, will require approval from multiple committees before receiving a full vote and it is unclear if it has the legs to go the distance this session.

5. Lawrence County, Alabama – It looks like at least one solar project in Alabama could get the Trump administration’s blessing.

  • Quietly, the EPA gave its conditional sign off on March 3 to the Tennessee Valley Authority for a power purchase agreement allowing it to use energy from the 200-megawatt Hillsboro Solar project backed by Urban Grid.
  • The EPA’s comments stating officials did not “identify significant environmental concerns” with the project can be found here.

6. Jay County, Indiana – We have a new place to watch for a renewable energy moratorium, folks.

  • For weeks, county officials have been whittling away at potential year-long moratoriums on new battery projects and solar projects and just held a county meeting last night to take public comment on these potential bans. We’ll update you when we know more.

7. Renville County, Minnesota – A 200-megawatt Ranger Solar project is nearing final permits from the Minnesota Public Utilities Commission.

  • The administrative law judge overseeing the project – known as Gopher State Solar – told attendees of a recent hearing they’d reach a final decision as soon as June 2. Mark your calendars!

8. Whitman County, Washington – Steelhead Americas is giving up on getting permission from county leaders and going straight to the state for its Harvest Hills wind project.

  • Opposition to Harvest Hills – largely rooted in viewshed and environmental concerns – led to development of a county wind ordinance, but Steelhead Americas has reportedly determined there is no path to a “workable ordinance” for the project. Instead it’ll be seeking the state route instead, which bypasses local zoning laws.

9. Apache County, Arizona – Officials in this county are working on a draft renewable energy ordinance with “preferred area[s] that’ll be reviewed as soon as next month, according to one local report.

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Hotspots

A Big Battery Relief in New York

And more of the week’s top news around project fights.

The United States.
Heatmap Illustration/Getty Images

1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.

  • On September 11, New York state regulators did a Friday News Dump: The Department of Environmental Conservation confirmed a large PFAS pollution site in East Hampton was explicitly tied to fighting a battery storage site fire. The investigation began after PFAS chemicals, known as “forever chemicals,” were detected in drinking water wells.
  • Investigators will still have to produce a final report, but in their bulletin confirming the pollution source, the agency said it is now working with state energy and fire officials to avoid a specific chemical fire suppression system identified as a potential culprit known as Novec 1230. “The investigation points to the fire suppression system, not battery storage, as a [PFAS] source,” the bulletin states, adding this system wasn’t used in other recent fires at BESS facilities.This defuses what was poised to be a new PR problem for the battery storage sector in a state where local moratoria and restrictive ordinances have become increasingly common.

2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.

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Q&A

The Case for a Data Center Dividend

A conversation with Sam Lyman of the Bitcoin Policy Institute.

The Bitcoin Policy Institute’s Sam Lyman.
Heatmap Illustration

This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.

I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.

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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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