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Policy Watch

The Climate Election’s Big Local Votes

What happened this week in climate and energy policy, beyond the federal election results.

Map of South Dakota for the Summit Carbon Solutions CO2 pipeline.
Heatmap illustration.

1. It’s the election, stupid – We don’t need to retread who won the presidential election this week (or what it means for the Inflation Reduction Act). But there were also big local control votes worth watching closely.

  • South Dakotans at the ballot box successfully defeated a law intended to expedite approvals and construction of the Summit Carbon Solutions CO2 pipeline, my colleague Emily Pontecorvo writes.
  • In Morro Bay, California, almost 60% of voters weighed in to support stopping a battery energy storage facility. Developer Vistra announced plans for an alternative permitting pathway a day before voting commenced.
  • In Oregon, voters in two coastal counties overwhelmingly voted to reject offshore wind in a non-binding resolution.
  • In Maine, the small town of Harpswell might’ve gone for vice president Kamala Harris – but it also rejected opening land to a small solar farm.
  • Heatmap did a full accounting of climate and energy races across the country. Take a gander!

2. Michigan lawsuit watch – Michigan has a serious lawsuit brewing over its law taking some control of renewable energy siting decisions away from municipalities.

  • The law firm Foster Swift last month announced it would file a lawsuit on behalf of Michigan towns challenging implementation of PA 233, a law that gave the Michigan Public Service Commission authority over some siting decisions.
  • Foster Swift requested municipalities join their efforts before a legal deadline to file suit on November 8. Some townships have publicly announced their involvement. We’re on the lookout to see when this case is ultimately filed to state court.

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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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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

A data center.
Heatmap Illustration/Getty Images

Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.

The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.

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Q&A

How the Wind Industry Can Fight Back

A conversation with Chris Moyer of Echo Communications

The Q&A subject.
Heatmap Illustration

Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”

Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.

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