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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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Q&A

An America First Strategy for Renewable Energy?

A conversation with Tim Brightbill of Wiley Rein LLP

Tim Brightbill of Wiley Rein LLP.
Heatmap Illustration

Today we’re talking with Tim Brightbill, a trade attorney at Wiley Rein LLP and lead counsel for a coalition of U.S. solar cell and module manufacturers – the American Alliance for Solar Manufacturing Trade Committee. Last week, his client won a massive victory – fresh tariffs on south Asian solar panel parts – on the premise that Chinese firms are dumping cheap products in the region to drive down prices and hurt American companies. It’s the latest in a long series of decadal trade actions against solar parts with Chinese origin.

We wanted to talk to Tim about how this move could affect developers, if an America-first strategy could help insulate solar from political opposition, and how this could play out in next year’s talks over the future of the IRA. The following conversation was lightly edited for clarity.

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Policy Watch

The IRA’s Coming China Change

And more of the week’s biggest news around renewable energy policy.

Trump.
Heatmap Illustration/Getty Images

Sourcing requirements – As we explain in our Q&A today, there’s momentum building in Washington, D.C., to attach new sourcing requirements to an IRA credit for advanced manufacturing known as 45X.

  • 45X is supposed to supercharge production of battery and solar components, as well as key minerals and materials for those components that are largely imported from China or what U.S. trade officials believe are Chinese pass-throughs.
  • Some U.S. companies are now quietly urging Congress to enact a “foreign entity of concern” requirement to 45X that would essentially stop battery and solar manufacturing plants with Chinese business involvement from qualifying.
  • Why? Well, doing this would definitely insulate the credit from GOP repeal by tying it not to rapid decarbonization but instead American blue collar jobs.
  • Patrick Donnelly, chief commercial officer for Anovion, told attendees of a Hill briefing I moderated earlier this week that he wants to see this happen because it would be a “game changer” for domestic manufacturing. “I’ve heard some Republicans talking about it already.”
  • But it could also undermine the effectiveness of the credit for climate purposes. Similar requirements were tacked onto the IRA’s EV consumer credit that curtailed its reach and meant many cars couldn’t access the benefit.

Virginia’s planning – The state of Virginia is looking at its own plans to override local objections, which would make it one of the few GOP-led states to do so.

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Hotspots

Is Trump Already Killing Off Renewable Energy Projects?

And more of the week’s news around renewable energy conflicts.

Map of renewable energy conflicts.
Heatmap Illustration

Queens County, New York – TotalEnergies’ first Attentive Energy offshore wind project might be the canary in the Trumpy renewables coal mine.

  • The New York wind project in the bight has been indefinitely paused, according to TotalEnergies CEO Patrick Pouyenne, meaning we have our first offshore wind derailment of the Trump era, many weeks before he’s even taken office.
  • It’s unclear how connected Trump is to the move. Attentive Energy also pulled out of New York state’s fifth offshore wind solicitation before this news dropped, which also arrived days before the Bureau of Ocean Energy Management implemented new requirements for projects built in the area where the project would be built.
  • However, remember that even though Attentive Energy has little opposition in New York State, anti-offshore activists are aggressively challenging efforts by New Jersey state to buy power from the project.
  • We’ll have to wait and see if this decision is a domino for other offshore wind curtailments. But we’re already seeing evidence, as Shell announced hours ago it is no longer investing in new offshore wind projects.

Clinton County, Michigan – EV manufacturing news in Michigan is showing that fallout from Trump’s election may not be limited to offshore wind, and could creep into other projects facing grassroots opposition.

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