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Policy Watch

What I’m Watching in Washington

A rundown of key policy moves from the past week.

capitol hill.
Heatmap Illustration/Wiki Commons

China, China, China – Republicans in Congress are trying to pressure the U.S. into an even more hawkish stance against Chinese battery supply chains ahead of the November election.

  • The top Republican on the Senate Foreign Relations Committee, Senator Marco Rubio, wrote the Defense Department last week requesting the Defense Department blacklist the world’s largest battery manufacturer CATL, a Chinese company.
  • The House of Representatives is also scheduled to vote next week on a bill requiring the Homeland Security Department to blacklist CATL and other Chinese-owned battery manufacturers.
  • I’ve written a lot of stories about how many Republicans are trying to get the U.S. to entirely decouple its commercial enterprises from Chinese companies – a wholly different objective than building up U.S. industries so the nation can compete with and wean off China. (Like what the IRA did.)
  • No matter the national security justifications, forcibly decoupling from China would take essential supplies off the table for an energy transition.
  • What I’m watching for is if the Republican pressure influences how Kamala Harris approaches this topic, and whether she’ll differ from the Biden administration’s approach to China and batteries.

BLM’s solar plan The Bureau of Land Management last week released its long-awaited programmatic environmental impact statement for solar development across the Southwest, opening 31 million acres to potential projects across almost a dozen states.

  • The Biden administration says its steering development away from “wildlife and land conflicts,” but it already faces pushback from conservation activists. One of the most likely plaintiffs against the plan – the Center for Biological Diversity – released a statement critical of the document that noted it would impact a sizable amount of desert tortoise habitat.

Trump’s energy whisperer The Trump campaign told Reuters last week the former president would ax the EPA’s climate-minded power plant rules if elected… but that’s not what caught my eye.

  • No, what’s most notable is that the campaign official who made this news was former Trump administration Interior Secretary David Bernhardt, who is now a key figure at the MAGA-aligned America First Policy Institute.
  • I’ve covered Bernhardt for years and interviewed him last year upon the release of his book, “You Report to Me.” It’s my belief he is angling for an even more influential role in a future Trump administration that would leverage his expertise in the administrative state to make Trump far more successful at undoing energy and climate rules. (OMB?)

Other policy moves worth watching…

Nevada’s new plan Joe Lombardo, the Republican governor of Nevada, released a new statewide climate plan after the one put forward by his Democratic predecessor vanished. It’s getting panned.

‘Greenwashing’ push — The Agriculture Department launched an initiative aimed at combating misleading climate claims in the meat and poultry industries.

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Spotlight

Trump Asked to Kill Wyoming Wind Projects for Eagles

Conservationists in Wyoming zero in on a vulnerability anti-wind activists are targeting elsewhere: the administration’s species protection efforts.

Eagles and wind turbines in Wyoming.
Heatmap Illustration/Getty Images

Wildlife conservationists in Wyoming are asking the Trump administration to block wind projects in their state in the name of protecting eagles from turbine blades.

The Albany County Conservancy, a Wyoming wildlife advocacy group, sent letters on February 11 and 18 to Interior Secretary Doug Burgum, Energy Secretary Chris Wright, and Attorney General Pam Bondi. In the letters, which I obtained, the group asked the Trump officials to do everything in their power to halt Repsol’s Rail Tie and BluEarth’s Two Rivers wind projects, including suspending Two Rivers’ right-of-way from the Bureau of Land Management and even the interconnection grant for Rail Tie’s transmission line.

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Hotspots

A Hail Mary Kansas Lawsuit Against the IRA

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

A Hail Mary Kansas Lawsuit Against the IRA
  1. Jackson County, Kansas — We’ve been covering anti-renewable lawsuits in the Trump 2.0 era closely at The Fight. But we now have a champion for the most aggressive lawsuit yet: a case filed against a single solar project intended to somehow kill … the entire Inflation Reduction Act?
    1. Three Kansas residents have gotten the support of five seasoned attorneys — including two Federalist Society alums — to sue the federal government claiming that projects benefiting from IRA tax credits should have to be reviewed under the National Environmental Policy Act, and that implementation of the IRA violated the Administrative Procedures Act.
    2. Their lawsuit, which was filed days before Trump took office, cites a single NextEra project in Kansas to make its claims of tangible damages.
    3. We asked the attorneys to comment on the lawsuit, as we’re wondering if this is an opening salvo before a broader legal effort to challenge IRA implementation.
    4. It’s worth saying this is obviously a huge ask of the administration, even in the Trump era. Not to mention it’s unclear how this legal complaint will fare with Trump’s decision to knock down NEPA implementing regulations (more on that in our Policy Watch section). But at a minimum, this is a noteworthy and novel attempt at what some may argue is a nuisance lawsuit — and indicates how conservative legal experts are finding common cause with disgruntled neighbors of renewables projects.
  2. St. James Parish, Louisiana — A state judge ruled this week that St. James Parish lawfully rejected what is believed to be one of the state’s largest solar projects.
    1. The Parish Council last year denied D.E. Shaw Renewables’ St. James Solar Energy Center which was supposed to connect to an Entergy substation as part of that utility’s solar and wind project pipeline.
    2. The rejection however came after years of local resistance to the project. D.E. Shaw took them to court after the most recent denial. But now they’ve lost, with a state judge ruling this week that they’ve failed to prove the council had good reason to say no.
    3. It’s a potential bad omen for Entergy’s efforts to complete the largest renewables expansion in state history.
  3. Alaska — We’ve never talked about Alaska here at The Fight but it’s time to do so, because renewables projects are having trouble up North.
    1. Renewable IPP is pulling the plug on a large solar project in Nikiski, a village southwest of Anchorage, citing uncertainty around federal funding and tax credits.
    2. The remote city of Kotzebue is trying to develop wind turbines to move its grid off of fossil fuels. But its money is tied up in the Trump funding freeze.
    3. Why am I watching this so closely? Alaska Governor Mike Dunleavy is quietly pro renewables. Its broader effort to use “all of the above” to market his state’s relevance in energy markets and its minerals tied to the energy transition.

Here’s what else I’m watching …

In Massachusetts, anti-wind activist Mary Chalke is running for a seat on the select board for the town of Nantucket. She’s well known for wearing a whale costume to protests.

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Policy Watch

What Trump’s NEPA Wrecking Ball Means for Renewables

And more of the week’s top policy news.

Environmental review, mapped.
Heatmap Illustration/Getty Images

1. New NEPA world – The Trump White House overnight effectively rescinded all implementing rules for the National Environmental Policy Act, a key statute long relied on by regulators for permitting large energy and infrastructure projects.

  • What does this mean for renewables developers? Earthjustice attorney Kristen Boyles told me today that even though fewer regulations sounds nice, Trump’s implementation strategy is unlikely to ease minds on renewables permits.
  • A big reason is confusion. Litigation that anti-renewables advocates filed against Biden’s permits will be considered under the previous NEPA regulations, while Boyles expects regulators to use a new attempt at NEPA implementation in an uneven way that privileges fossil fuels projects.
  • An example is “cumulative impacts,” a term historically used by agencies to look at comprehensive environmental impacts under NEPA. Previous challenges to the cumulative impacts of renewables projects will continue; meanwhile, the new Trump memo scrapped the definition of the term and dissuaded agencies from using it. What Boyles told me is this will simply put more discretion at the hands of political officials in permitting agencies.
  • “When you get rid of the definition, you’re going to still have a fight,” she said. “You now no longer have that common basis of understanding of what is a definition.”
  • When I first asked Boyles to tell me what comes next, she started hysterically laughing: “I’m not laughing because it’s a bad question. I think it’s a question that everybody’s asking.”
  • Heatmap’s Katie Brigham has a deeper dive on the Trump rule withdrawal here.

2. Our hydrogen hero – Senate Environment and Public Works Chair Shelley Moore Capito this week came out against any freeze for a hydrogen hub with projects in her state, indicating that any clampdown on H2 projects from the federal level may get Republican pushback.

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