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Policy Watch

How to Solve a Problem Like a Wind Ban

And more of this week’s top policy news around renewables.

Trump.
Heatmap Illustration/Getty Images

1. Trump’s Big Promise – Our nation’s incoming president is now saying he’ll ban all wind projects on Day 1, an expansion of his previous promise to stop only offshore wind.

  • “They litter our country like paper, like dropping garbage in a field,” Trump said at a press conference Tuesday. “We’re going to try and have a policy where no windmills are built.”
  • Is this possible? It would be quite tricky, as the president only has control over the usage of federal lands and waters. While offshore wind falls entirely under the president’s purview, many onshore wind projects themselves fall entirely on state lands.
  • This is where the whole “wind kills birds” argument becomes important. Nearly all wind projects have at least some federal nexus because of wildlife protection laws, such as the Endangered Species Act and Migratory Bird Treaty Act.
  • Then there are the cables connecting these projects to the grid and interstate transmission projects that may require approval from the Federal Energy Regulatory Commission.
  • I’m personally doubtful he will actually stop all wind in the U.S., though I do think offshore wind in its entirety is at risk (which I’ve written about). Trump has a habit of conflating things, and in classic fashion, he only spoke at the press conference about offshore wind projects. I think he was only referring to offshore wind, though I’m willing to eat my words.

2. The Big Nuclear Lawsuit – Texas and Utah are suing to kill the Nuclear Regulatory Commission’s authority to license small modular reactors.

  • If successful, it would totally neuter permitting powers in this sector, letting developers and manufacturers avoid a lengthy federal approval process. SMR startup Last Energy is also involved in the lawsuit.
  • The lawsuit cites the Supreme Court’s recent decision to undo a longstanding principle in American regulatory law that courts should defer to agency experts when interpreting vague language in statute. As Heatmap’s Robinson Meyer explained when that ruling came down, this means judges themselves get to decide if a law explicitly gives an agency authority to do something.
  • The lawsuit argues the nation’s primary nuclear law, the Atomic Energy Act, did not give the NRC the discretion to regulate SMRs. “If Congress wanted the NRC to have plenary authority in this area it needed to speak clearly. Instead, it has unambiguously indicated the opposite.”
  • I expect more of these lawsuits to come down the pike in the coming months, as the federal government under Trump will have the power to settle those cases and offer plaintiffs favorable deregulation through that process.

3. Biden’s parting words – The Biden administration has finished its long-awaited guidance for the IRA’s tech-neutral electricity credit (which barely changed) and hydrogen production credit.

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Hotspots

Fox News Goes After a Solar Farm

And more of this week’s top renewable energy fights across the country.

Map of U.S. renewable energy.
Heatmap Illustration

1. Otsego County, Michigan – The Mitten State is proving just how hard it can be to build a solar project in wooded areas. Especially once Fox News gets involved.

  • Last week, the Michigan Department of Natural Resources said it wanted to lease more than 400 acres of undeveloped state-owned forestland for part of a much larger RWE Clean Energy solar project near the northern Michigan town of Gaylord.
  • Officials said they were approached by the company about the land. But the news sparked an immediate outcry, as state elected Republicans – and some Democrats – demanded to know why a forest would be cleared for ‘green’ energy. Some called for government firings.
  • Then came the national news coverage. On Friday, Fox News hosted a full four-minute segment focused on this one solar farm featuring iconoclastic activist Michael Shellenberger.
  • A few days later, RWE told the media it would not develop the project on state lands.
  • “[D]uring the development process, we conducted outreach to all landowners adjacent to the project location, including the Michigan Department of Natural Resources,” the company said in a statement to the Petoskey News-Review, adding it instead decided to move forward with leasing property from two private landowners.

2. Atlantic County, New Jersey – Opponents of offshore wind in Atlantic City are trying to undo an ordinance allowing construction of transmission cables that would connect the Atlantic Shores offshore wind project to the grid.

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Q&A

Are Anti-Renewables Activists Going Unchallenged?

A conversation with J. Timmons Roberts, executive director of Brown University’s Climate Social Science Network


J. Timmons Roberts
Heatmap Illustration

This week’s interview is with Brown University professor J. Timmons Roberts. Those of you familiar with the fight over offshore wind may not know Roberts by name, but you’re definitely familiar with his work: He and his students have spearheaded some of the most impactful research conducted on anti-offshore wind opposition networks. This work is a must-read for anyone who wants to best understand how the anti-renewables movement functions and why it may be difficult to stop it from winning out.

So with Trump 2.0 on the verge of banning offshore wind outright, I decided to ask Roberts what he thinks developers should be paying attention to at this moment. The following interview has been lightly edited for clarity.

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Spotlight

The Growing Push to Ban Renewable Energy in Oklahoma

Will this renewable energy powerhouse become the first state to ban renewable energy?

Map of Oklahoma wind farms.
Heatmap Illustration/Getty Images

There’s a nascent, concerted effort to make Oklahoma the first state to ban new renewable energy projects. And it’s picking up steam.

Across the U.S., activism against wind and solar energy has only grown in intensity, power, and scope in tandem with the recent renewables boom. This is in direct contrast to hopes many in the climate movement had that these technologies would become more popular as they entered communities historically hostile to the idea of switching away from fossil fuels. If anything, grassroots angst toward the energy transition has only surged in many pockets of the country since passage of the nation’s first climate law – Inflation Reduction Act – in 2022.

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