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Policy Watch

Tariffs Hit Solar Cells

And more of the week’s biggest news in clean energy policy.

Solar Panels
Unsplash/Heatmap

1. Seasons change, tariffs stay the same – The Biden administration is putting a duty on solar cells from four South Asian countries believed to be pass-throughs for Chinese imports: Cambodia, Malaysia, Thailand, and Vietnam.

  • The tariffs range wildly from less than 1% to almost 300%. Impacted companies include Jintek, Hanwha Q Cells (a.k.a. Qcells), JinkoSolar, and Trina Solar.
  • What this’ll mean: developers wrestling with pricier imported cells from some of the most popular sources.
  • These tariffs resulted from an anti-dumping case filed by an alliance of U.S. solar manufacturers including First Solar, Convalt Energy, REC Silicon, and, ironically, also Qcells.

2. New money for new nuclear – The Energy Department yesterday finalized over $2.8 billion in loans and grants to restart the Palisades nuclear plant in Michigan.

  • The plant – to be operated by Holtec – shut down in 2022 which means, as reports indicate, it shouldn’t take long to recommission and could be re-operational by next year.
  • Nuclear Energy Institute CEO Maria Korsnick told me earlier this year over pasta that she was vying for more direct investments to individual projects, partially to make it harder to repeal Inflation Reduction Act programs.

3. California is so silly sometimes – A judge has temporarily halted a California rule that would’ve stopped some solar developers in the state from building battery storage.

  • California’s contractor licensing board had set forth regulation effective Oct. 1 stopping solar equipment workers from installing or maintaining batteries beyond 80 kWH (which… is obviously not a lot of power).
  • The regulation will now be suspended until a legal challenge from solar and battery storage companies can be resolved.

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Spotlight

Democrats’ Growing Divide Over Data Centers

It’s pause vs pause-nots.

Data center protests.
Heatmap Illustration/Getty Images

The American climate movement is beginning to look a lot like AI doomers versus the techno-optimists. It’s a dynamic that is winning local bans – and very little else for now.

On one side, you’ve got the left-leaning insurgent grassroots movement against data centers. In many cases this push is in the name of climate action and environmental justice, with activists citing the risks of pollution from gas-fired power and the potential for strain on existing electricity supplies. But in many, many other cases, this movement is decidedly not about climate action; instead it’s a movement addressing everything from energy prices and power over large corporations to AI use generally.

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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

And more of the week’s top news around development fights.

The United States.
Heatmap Illustration/Getty Images

1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

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Q&A

What’s Bothering a Free Market Wonk About the Data Center Boom

A conversation with Travis Fisher of the Cato Institute.

Travis Fisher.
Heatmap Illustration

This week’s conversation is with Travis Fisher, an energy policy analyst with the Cato Institute and one of my favorite people to chop it up with on Energy Twitter. I reached out to Fisher for a conversation about how he’s approaching the data center boom as a free market-minded wonk at a time when other figures on the so-called Right are calling for strict regulations on the sector. What I learned is that folks like Fisher are concerned about the scale of the buildout too, but their ideas and approaches wildly differ from the Tucker Carlsons of the world.

As always, our conversation was edited for length and clarity.

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