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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.
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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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Spotlight

Wind Industry Goes for Broke Against Trump

Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.

Donald Trump and a wind turbine.
Heatmap Illustration/Getty Images

Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.

As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.

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Hotspots

The Renewables Battle Underway in Arizona

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.

  • I’ve detailed how this county is a crucial battleground in the fight over local restrictions on renewable energy. So profound the conflict has been over renewables in Apache County that it helped spur a failed campaign to enact a statewide pause on wind development.
  • Well, the next engagement is underway: On June 3, the Apache County Planning and Zoning Commission recommended a temporary moratorium on future solar and wind development, responding to resident-run campaigns against specific projects.
  • I’ve noticed large advocacy non-profits have begun running hyperlocal letter campaigns to the Apache County Board of Supervisors asking pro-renewables voices to weigh in against the moratorium. Arizonans for a Clean Economy is running a sponsored ad on Google, resulting in a letter campaign popping up if you search renewable energy and the name of the state. “Send a letter today and ask your Supervisor to support policies that unleash Arizona’s energy potential while keeping costs low, conserving our water, and creating energy independence for Apache County,” their letter-writing website states.
  • Meanwhile, Veterans Power America, a national organization, is asking people to tell the board: “Clean energy projects can bring new revenue and economic opportunity to Apache County for Veterans like us. Don’t shut the door on progress.” (For what it's worth, I learned of this ad from anti-wind activists complaining about it on Facebook.)
  • What happens now is a procedural waiting game. The county will now go through a public notice and comment process ahead of formal consideration of the planning and zoning commission’s recommendations. While a decision isn’t imminent, I will be watching this one like the area’s sharp-shinned hawk.

2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.

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Q&A

What Would Make the Data Center Boom Popular?

A conversation with Mark Muro, senior fellow at the Brookings Institute’s metro policy program

Mark Muro.
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Today’s conversation is with Mark Muro, senior fellow at the Brookings Institute’s metro policy program. Too often I’m asked, what’s the version of a data center boom that people like? I reached out to Muro because he recently coauthored research into the ways communities and data centers can potentially work together to build more mutually beneficial and popular industry growth. The conversation wound up perfect for The Fight, so I had to include it in full.

The following Q&A was lightly edited for clarity.

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