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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.

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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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Q&A

GoodPower Is Sussing Out What People Actually Want from Data Centers

Talking with Leah Qusba, the CEO of GoodPower.

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Leah Qusba.
Heatmap Illustration

This week’s conversation is with Leah Qusba, CEO of GoodPower, which recently released a survey experiment you need to read. Conducted with Data for Progress, the project, published Monday, takes a unique approach to asking people why they opposed data centers for artificial intelligence and whether constructing renewable energy instead of gas power moves the needle at all in their support for AI infrastructure near them. Instead of just asking polling questions, they posed various hypothetical project designs to people — and the results were eye-popping. Turning to solar instead of gas? Might not be a panacea for gaining approval at the local level. Protecting electricity rates from going sky-high? Now that’s a way to get buy-in.

The following conversation was lightly edited for clarity.

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Hotspots

A First-Of-Its-Kind State of Emergency — Over a Permitting Pause

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

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The United States.
Heatmap Illustration/Getty Images

1. Umatilla County, Oregon – A small town in Oregon this week declared a state of emergency over fears that a statewide pause on data center permits will harm its economy.

  • Five of the six people on the Umatilla city council voted to adopt a resolution formally calling for a state of emergency “due to the threat of widespread financial loss.” Umatilla City Manager Dave Stockdale told the council before the vote that the data center pause enacted by Governor Tina Kotek puts millions in tax revenue at risk. Other city staffers told the council that current budget reserves are healthy, but this could complicate a bond for a new police station and delay executing their city’s master plan.
  • Umatilla is home to more than 20 data center projects currently operating or under development, equal to roughly one-fifth of the state’s data center sector. Oregon law expressly grants cities and towns permission to declare a state of emergency over “financial loss.” And the Umatilla resolution is a clear legal threat; its text calls for “immediate reconsideration” of Governor Kotek’s directive pausing data center permits and “authorizes the city manager to coordinate with affected governments and legal counsel to pursue appropriate administrative and judicial remedies.”
  • To the best of our knowledge, this is the first time a municipal government has threatened legal action or declared a state of emergency over a state-wide permitting pause against data center development. It goes to show that what comes around goes around.

2. Saratoga County, New York – Is Trump’s country music superstar-turned-power-project combatant John Rich preparing to debut a new song about solar farms, or something more?

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Spotlight

The Most Important Data Center Election You’ve Never Heard Of

The race for the top job in McCracken County, Kentucky, might hinge on the importance of a community benefit agreement.

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Paducah, Kentucky figures.
Heatmap Illustration/Library of Congress, U.S. Department of Energy

An election-season battle is brewing over what could be the nation’s first massive data center operating on federal land. And you almost certainly have never heard of it.

Come with me to McCracken County, Kentucky, just outside its largest city, Paducah, where the Energy Department is allowing new development at a large brownfield property. First constructed in the 1950s, the Paducah Gaseous Diffusion Plant was once the country’s only uranium enrichment facility, but it closed in 2010. Since then, and after years of cleanup, Paducah city officials and the McCracken County government have sought to revitalize and reindustrialize the site.

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