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Policy Watch

Washington Goes Wild, Wyoming Pipelines Win

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

Burgum and Musk
Heatmap Illustration/Getty Images

Catching Up With the Trumps – You’d be forgiven if you’ve been confused by the news firehose that has been the early days of Trump 2.0. Here’s a quick breakdown of what matters most for developers…

  • DOE Secretary Chris Wright last night issued his first order decrying net-zero but supporting nuclear and hydropower energy generation. Unlike Trumpian comms, Wright’s order did not decry wind or solar energy.
  • Interior Secretary Doug Burgum issued his own flurry of orders earlier this week that open doors to lots more public lands going to resource extraction. Given the situation at BOEM and what we’re hearing is happening at the Fish and Wildlife Service, the jury’s still out on whether his entry into Interior will ease any permitting hardships for renewable energy.
  • At the EPA, crucial funding for renewables and other decarb projects remains on ice. Oh, and they’ve gutted the environmental justice office. It is unclear how any of this will impact permitting, though.
  • The next shoe we’re waiting to drop? Changes to IRA tax guidance from the Treasury Department, which has begun to pull back from promoting ESG in the investor community.
  • For these reasons, I believe it is worth it for anyone in the developer space to be watching how Elon Musk and his Department of Government Efficiency interact with agencies overall, from any reductions in permitting staff size to changes in Treasury’s payment systems, which govern subsidies.

We’re Watching Wyoming – Business groups successfully killed an effort in Wyoming to inhibit eminent domain powers in the name of stopping CO2 pipelines.

  • Republican lawmakers had introduced legislation undercutting state regulations laying the groundwork for CO2 pipeline construction, targeting Governor Mark Godron’s support for an “all of the above” approach to energy that has room for decarb strategies preferred by the oil and gas sector.
  • But the bills have floundered amidst opposition from mining as well as coal interests who say they’ve invested too much in CO2 capture to turn back now, according to the news outlet WyoFile.
  • This is the most optimistic case study I can possibly point to that laws like the Inflation Reduction Act could stick around in a fully GOP federal government. Industry’s invested quite a bit. Guess we’ll see soon if Washington is like Wyoming.
  • Republican lawmakers had introduced legislation undercutting state regulations laying the groundwork for CO2 pipeline construction, targeting Governor Mark Godron’s support for an “all of the above” approach to energy that has room for decarb strategies preferred by the oil and gas sector.
  • But the bills have floundered amidst opposition from mining as well as coal interests who say they’ve invested too much in CO2 capture to turn back now, according to the news outlet WyoFile.
  • This is the most optimistic case study I can possibly point to that laws like the Inflation Reduction Act could stick around in a fully GOP federal government. Industry’s invested quite a bit. Guess we’ll see soon if Washington is like Wyoming.

Oh, and local control legislation in Virginia we’ve told you about has failed to advance in the Senate.


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Hotspots

A Big Battery Relief in New York

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

The United States.
Heatmap Illustration/Getty Images

1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.

  • On September 11, New York state regulators did a Friday News Dump: The Department of Environmental Conservation confirmed a large PFAS pollution site in East Hampton was explicitly tied to fighting a battery storage site fire. The investigation began after PFAS chemicals, known as “forever chemicals,” were detected in drinking water wells.
  • Investigators will still have to produce a final report, but in their bulletin confirming the pollution source, the agency said it is now working with state energy and fire officials to avoid a specific chemical fire suppression system identified as a potential culprit known as Novec 1230. “The investigation points to the fire suppression system, not battery storage, as a [PFAS] source,” the bulletin states, adding this system wasn’t used in other recent fires at BESS facilities.This defuses what was poised to be a new PR problem for the battery storage sector in a state where local moratoria and restrictive ordinances have become increasingly common.

2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.

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Q&A

The Case for a Data Center Dividend

A conversation with Sam Lyman of the Bitcoin Policy Institute.

The Bitcoin Policy Institute’s Sam Lyman.
Heatmap Illustration

This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.

I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.

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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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