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Policy Watch

Power Line Planning

And more of the week’s top policy news.

Power Line Planning
Olivie Strauss / Severin Demchuk / Heatmap

Transmissions on transmission – The Energy Department last week released a must-read national planning study for transmission to connect renewables to the grid through 2040.

  • The takeaway? We could reduce billions of tonnes of CO2 emissions with interregional transmission and constraining development would require new nuclear and hydrogen energy to meet emission reduction targets, instead of solar, wind, and batteries.
  • The lengthy report didn’t go into the permitting challenges at all though and the mapping does read aspirational if you know the context.
  • Regardless, we hope to see you on DOE’s webinar on the study next Wednesday.

SCOTUS shrugs for once – The Supreme Court declined to stay challenges to the EPA’s methane and mercury air pollution regulations, meaning at least two Biden regulatory tailwinds for renewables developers remains in play.

  • This means those challenges will have to weave their way through the appeals process while remaining in effect for companies.
  • There’s still an outstanding request for the high court to stay EPA’s CO2 regulations for power plants though, so stay tuned.
  • Meanwhile, the court has asked the U.S. solicitor general to weigh in on fossil fuel climate liability cases.

Big Oil wants IRA credits – Executives for oil majors have asked former President Donald Trump to keep at least some of the Inflation Reduction Act in place, reports the Wall Street Journal.

  • However, don’t be fooled: the WSJ reporting indicates a priority for oil executives is carbon capture – not renewables. I first suggested this might be a possibility over the summer in my first story for Heatmap.
  • Simply put, if you’re a developer, now’s the time to ask yourself: what’s my government affairs strategy if Trump wins?

Here’s what else I’m watching…

The U.S. International Trade Commission has received a patent protection complaint from Chinese solar manufacturer Trina Solar against Runergy and Adani Green Energy

In Wyoming, state lawmakers are trying to pass legislation allowing temporary radioactive storage for nuclear power.

Yellow

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Spotlight

Is the California Battery Fire an East Palestine Moment?

Moss Landing is turning into a growing problem for the energy storage industry.

Moss Landing in the crosshairs.
Heatmap Pro/Getty Images

The Moss Landing battery fire now may be the storage industry’s East Palestine moment – at least in California.

In the weeks since Vistra’s battery plant south of San Francisco caught fire on January 16, at least two lawsuits have been filed against Vistra, PG&E, and battery manufacturer LG Chem by people and business owners claiming damages from the blaze. I have learned at least one more will be filed by individuals who’ve conducted headline-grabbing soil samples that found toxic metals.

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Hotspots

The Vineyard Wind Lawsuit 2.0

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

The Vineyard Wind Lawsuit 2.0

1. Nantucket County, Massachusetts – Welcome to the Vineyard Wind lawsuit 2.0.

  • Fishermen represented by a conservative legal group – the Texas Public Policy Foundation – filed a petition to the Supreme Court this week asserting that the justices can now reconsider approvals for the Vineyard Wind offshore wind project because of the high court’s decision to overturn the Chevron doctrine, a now-defunct judicial precedent that courts defer to agencies on statutory interpretation.
  • It’s not entirely clear whether overturning Chevron will produce a different outcome than the Court’s decision to ignore the last petition from fisherman about Vineyard Wind’s permits. But the argument is definitely different, as the new petition argues a lower court wrongly deferred to agency interpretation of federal laws used to approve the project.
  • The Texas Public Policy Foundation did not respond to requests to discuss this case.

2. Carroll County, Maryland – Carroll County commissioners are intervening in the state permitting fight over two relatively small solar projects, in what has become a wider proxy battle between the county and the state over solar on farmland.

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Q&A

The Case for Agrivoltaics

A conversation with Samantha Levy of American Farmland Trust

The Case for Agrivoltaics

Today’s conversation is with Samantha Levy, senior policy manager for conservation and energy at American Farmland Trust, an agriculture and energy advocacy organization I became familiar with through covering the conflict over solar on farmland. I reached out to Levy after the organization released new recommendations for agrivoltaics policy last week – just before a large agrivoltaics project was canceled in Ohio over local opposition. I wanted to ask: are there any bright spots for the future of solar and farms commingling?

Today’s conversation was lightly edited for clarity.

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