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Hotspots

The Race to Qualify for Renewable Tax Credits Is on in Wisconsin

And more on the biggest conflicts around renewable energy projects in Kentucky, Ohio, and Maryland.

The United States.
Heatmap Illustration/Getty Images

1. St. Croix County, Wisconsin - Solar opponents in this county see themselves as the front line in the fight over Trump’s “Big Beautiful” law and its repeal of Inflation Reduction Act tax credits.

  • Xcel’s Ten Mile Creek solar project doesn’t appear to have begun construction yet, and like many facilities it must begin that process by about this time next year or it will lose out on the renewable energy tax credits cut short by the new law. Ten Mile Creek has essentially become a proxy for the larger fight to build before time runs out to get these credits.
  • Xcel told county regulators last month that it hoped to file an application to the Wisconsin Public Services Commission by the end of this year. But critics of the project are now telling their allies they anticipate action sooner in order to make the new deadline for the tax credit — and are campaigning for the county to intervene if that occurs.
  • “Be on the lookout for Xcel to accelerate the PSC submittal,” Ryan Sherley, a member of the St. Croix Board of Supervisors, wrote on Facebook. “St. Croix County needs to legally intervene in the process to ensure the PSC properly hears the citizens and does not rush this along in order to obtain tax credits.”

2. Barren County, Kentucky - How much wood could a Wood Duck solar farm chuck if it didn’t get approved in the first place? We may be about to find out.

  • The Geenex solar project got predictably panned at the Kentucky State Board of Electric Generation and Transmission Siting Board, which I previewed earlier this month.
  • At the heart of the matter is that a multitude of irritated residents spanning various backgrounds there simply do not want it, and a National Park Service letter opposing the project has added fuel to that fire.
  • The outpouring of anger means regulators very well may say no here, but we’ll have to wait until a final decision comes in October.

3. Iberia Parish, Louisiana - Another potential proxy battle over IRA tax credits is going down in Louisiana, where residents are calling to extend a solar moratorium that is about to expire so projects can’t start construction.

  • Iberia Parish enacted a one-year ban last year that was intended to bide time so local officials could craft a restrictive ordinance that allowed for some solar projects to come and provide new revenues to the community while appeasing solar opponents.
  • Residents packed a parish council meeting last week, however, calling for the moratorium to be extended — which, if they succeed in getting a one-year extension, would effectively mean any developers eyeing the area would have to wait too long to receive the tax credits.

4. Baltimore County, Maryland – The fight over a transmission line in Maryland could have lasting impacts for renewable energy across the country.

  • The Piedmont Reliability Project would connect data centers in Virginia to power plants in Pennsylvania by criss-crossing Maryland. Its construction has engendered rampant opposition across the political spectrum, largely because of potential impacts to farmland.
  • What does this have to do with all-American renewable energy? Well, in a previously unreported letter to Agriculture Secretary Brooke Rollins earlier this month, activists opposed to the Piedmont project called on the agency to “issue federal guidance discouraging the siting of non-agricultural infrastructure” on “productive or conserved farmland.”
  • This sounds eerily similar to the direction I reported in May that USDA was heading in, implementing regulations and guidance to clamp down on solar and wind on farmland. Given the high level of opposition to the Piedmont project, I’m a little concerned the fight over these wires could open a portal to broader action.

5. Worcester County, Maryland – Elsewhere in Maryland, the MarWin offshore wind project appears to have landed in the crosshairs of Trump’s Environmental Protection Agency.

  • EPA’s Region 3 office told the state of Maryland it must re-issue its final approval of the project last month and amend it to clarify federal authority over its appeal process. The letter stated that Maryland issued the permit “under federal law authority,” and that “failure to rectify this error could result in invalidation of the permit on appeal.”
  • Why would the EPA care about who will be appealing this permit decision? The amendments EPA is asking for would allow challenges to the permit to go through federal processes, which have proven more hostile to offshore wind than the state’s regulatory appeals route.
  • TL;DR, in the words of the Maryland Association of Counties, EPA is now “challeng[ing] the validity of a state permit.”

6. Clark County, Ohio - Consider me wishing Invenergy good luck getting a new solar farm permitted in Ohio.

  • Invenergy held its first public event on the Sloopy Solar project in the township of Harmony, and it doesn’t seem to have gone well: It was met with considerable organized opposition, as it appears a grassroots organization — the Harmony Farmland Preservation Coalition — had already been laying groundwork to make life more difficult for solar in this county.
  • Apparently, Invenergy plans to submit its formal application to the Ohio Power Siting Board by the end of this year. I’m not entirely sure that will work out in the company’s favor as staunch opposition may result in a protracted appeals process, especially if townships start passing resolutions against the project.

7. Searcy County, Arkansas - An anti-wind state legislator has gone and posted a slide deck that RWE provided to county officials, ginning up fresh uproar against potential wind development.

  • Arkansas has become one of the most hostile states to wind energy in the U.S., this year passing one of the first state-wide restrictive laws on the sector in modern history.
  • One of the legislators supportive of that push was Arkansas State Senator Missy Thomas Irvin, who seems to be picking fights with individual projects, too. Most recently, she posted to Facebook a slide deck for the Chief Wiley wind project submitted to local regulators for which there is little information online. RWE had recently visited Searcy County to meet with local landowners about the prospective plans, but I have trouble finding out much else about the project (so I can’t blame locals for being surprised by it).
Yellow

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Spotlight

The Moss Landing Battery Backlash Has Spread Nationwide

New York City may very well be the epicenter of this particular fight.

Moss Landing.
Heatmap Illustration/Getty Images, Library of Congress

It’s official: the Moss Landing battery fire has galvanized a gigantic pipeline of opposition to energy storage systems across the country.

As I’ve chronicled extensively throughout this year, Moss Landing was a technological outlier that used outdated battery technology. But the January incident played into existing fears and anxieties across the U.S. about the dangers of large battery fires generally, latent from years of e-scooters and cellphones ablaze from faulty lithium-ion tech. Concerned residents fighting projects in their backyards have successfully seized upon the fact that there’s no known way to quickly extinguish big fires at energy storage sites, and are winning particularly in wildfire-prone areas.

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Q&A

All the Renewables Restrictions Fit to Print

Talking local development moratoria with Heatmap’s own Charlie Clynes.

The Q&A subject.
Heatmap Illustration

This week’s conversation is special: I chatted with Charlie Clynes, Heatmap Pro®’s very own in-house researcher. Charlie just released a herculean project tracking all of the nation’s county-level moratoria and restrictive ordinances attacking renewable energy. The conclusion? Essentially a fifth of the country is now either closed off to solar and wind entirely or much harder to build. I decided to chat with him about the work so you could hear about why it’s an important report you should most definitely read.

The following chat was lightly edited for clarity. Let’s dive in.

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Hotspots

Judge, Siding With Trump, Saves Solar From NEPA

And more on the week’s biggest conflicts around renewable energy projects.

The United States.
Heatmap Illustration/Getty Images

1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.

  • We previously reported that this lawsuit filed by frustrated Kansans targeted implementation of the IRA when it first was filed in February. That was true then, but afterwards an amended complaint was filed that focused entirely on the solar farm at the heart of the case: NextEra’s Jeffrey Solar. The case focuses now on whether Jeffrey benefiting from IRA credits means it should’ve gotten reviewed under the National Environmental Policy Act.
  • Perhaps surprisingly to some, the Trump Justice Department argued against these NEPA reviews – a posture that jibes with the administration’s approach to streamlining the overall environmental analysis process but works in favor of companies using IRA credits.
  • In a ruling that came down on Tuesday, District Judge Holly Teeter ruled the landowners lacked standing to sue because “there is a mismatch between their environmental concerns tied to construction of the Jeffrey Solar Project and the tax credits and regulations,” and they did not “plausibly allege the substantial federal control and responsibility necessary to trigger NEPA review.”
  • “Plaintiffs’ claims, arguments, and requested relief have been difficult to analyze,” Teeter wrote in her opinion. “They are trying to use the procedural requirements of NEPA as a roadblock because they do not like what Congress has chosen to incentivize and what regulations Jackson County is considering. But those challenges must be made to the legislative branch, not to the judiciary.”

2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.

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