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 New NEPA world – The Trump White House overnight effectively rescinded all implementing rules for the National Environmental Policy Act, a key statute long relied on by regulators for permitting large energy and infrastructure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

  • Capito took to TV this week and told West Virginians the ARCH2 Appalachian hub has received money it needs to keep going but that the future of that financing is uncertain.
  • “I think there is some concern about going forward,” she told local affiliate WTRF. “I’m going to be in there fighting for this money to make sure the hydrogen hub is not just successful but can go forward, and I do have great confidence that that’s what the end result is going to be.”
  • We previously told you the ARCH2 hub and other hubs backed by the Biden administration were experiencing financial and logistical hurdles. Can’t imagine any of this Trump uncertainty is helpful either, but I bet having the top Republican on the Senate’s environmental committee in your corner certainly is.
We’re also closely monitoring the situation at EPA, where new Administrator Lee Zeldin has started to target grant recipients and post some salacious allegations on X

.

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Hotspots

More Turbulence for Washington State’s Giant Wind Farm

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

The United States.
Heatmap Illustration/Getty Images

1. Benton County, Washington – The bellwether for Trump’s apparent freeze on new wind might just be a single project in Washington State: the Horse Heaven wind farm.

  • Intrepid Fight readers should remember that late last year Rep. Dan Newhouse, an influential Republican in the U.S. House, called on the FAA to revoke its “no hazard” airspace determinations for Horse Heaven, claiming potential impacts to commercial airspace and military training routes.
  • Publicly it’s all been crickets since then with nothing from the FAA or the project developer, Scout Clean Energy. Except… as I was reporting on the lead story this week, I discovered a representative for Scout Clean Energy filed in January and March for a raft of new airspace determinations for the turbine towers.
  • There is no public record of whether or not the previous FAA decisions were revoked and the FAA declined to comment on the matter. Scout Clean Energy did not respond to a request for comment on whether there had been any setbacks with the agency or if the company would still be pursuing new wind projects amidst these broader federal airspace issues. It’s worth noting that Scout Clean Energy had already reduced the number of towers for the project while making them taller.
  • Horse Heaven is fully permitted by Washington state but those approvals are under litigation. The Washington Supreme Court in June will hear arguments brought by surrounding residents and the Yakima Nation against allowing construction.

2. Box Elder County, Utah – The big data center fight of the week was the Kevin O’Leary-backed project in the middle of the Utah desert. But what actually happened?

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Q&A

What the ‘Eco Right’ Wants from Permitting Reform

A conversation with Nick Loris of C3 Solutions

The Fight Q&A subject.
Heatmap Illustration

This week’s conversation is with Nick Loris, head of the conservative policy organization C3 Solutions. I wanted to chat with Loris about how he and others in the so-called “eco right” are approaching the data center boom. For years, groups like C3 have occupied a mercurial, influential space in energy policy – their ideas and proposals can filter out into Congress and state legislation while shaping the perspectives of Republican politicians who want to seem on the cutting edge of energy and the environment. That’s why I took note when in late April, Loris and other right-wing energy wonks dropped a set of “consumer-first” proposals on transmission permitting reform geared toward addressing energy demand rising from data center development. So I’m glad Loris was available to lay out his thoughts with me for the newsletter this week.

The following conversation was lightly edited for clarity.

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Spotlight

How to Get Away with Murdering an Energy Industry

And future administrations will learn from his extrajudicial success.

Donald Trump and wind turbines.
Heatmap Illustration/Getty Images

President Donald Trump is now effectively blocking any new wind projects in the United States, according to the main renewables trade group, using the federal government’s power over all things air and sky to grind a routine approval process to a screeching halt.

So far, almost everything Trump has done to target the wind energy sector has been defeated in court. His Day 1 executive order against the wind industry was found unconstitutional. Each of his stop work orders trying to shut down wind farms were overruled. Numerous moves by his Interior Department were ruled illegal.

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