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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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Spotlight

How the Tech Industry Is Responding to Data Center Backlash

It’s aware of the problem. That doesn’t make it easier to solve.

Data center construction and tech headquarters.
Heatmap Illustration/Getty Images

The data center backlash has metastasized into a full-blown PR crisis, one the tech sector is trying to get out in front of. But it is unclear whether companies are responding effectively enough to avoid a cascading series of local bans and restrictions nationwide.

Our numbers don’t lie: At least 25 data center projects were canceled last year, and nearly 100 projects faced at least some form of opposition, according to Heatmap Pro data. We’ve also recorded more than 60 towns, cities and counties that have enacted some form of moratorium or restrictive ordinance against data center development. We expect these numbers to rise throughout the year, and it won’t be long before the data on data center opposition is rivaling the figures on total wind or solar projects fought in the United States.

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Hotspots

More Moratoria in Michigan and Madison, Wisconsin

Plus a storage success near Springfield, Massachusetts, and more of the week’s biggest renewables fights.

The United States.
Heatmap Illustration/Getty Images

1. Sacramento County, California – A large solar farm might go belly-up thanks to a fickle utility and fears of damage to old growth trees.

  • The Sacramento Municipal Utility District has decided to cancel the power purchase agreement for the D.E. Shaw Renewables Coyote Creek agrivoltaics project, which would provide 200 megawatts of power to the regional energy grid. The construction plans include removing thousands of very old trees, resulting in a wide breadth of opposition.
  • The utility district said it was canceling its agreement due to “project uncertainties,” including “schedule delays, environmental impacts, and pending litigation.” It also mentioned supply chain issues and tariffs, but let’s be honest – that wasn’t what was stopping this project.
  • This isn’t the end of the Coyote Creek saga, as the aforementioned litigation arose in late December – local wildlife organizations backed by the area’s Audubon chapter filed a challenge against the final environmental impact statement, suggesting further delays.

2. Hampden County, Massachusetts – The small Commonwealth city of Agawam, just outside of Springfield, is the latest site of a Massachusetts uproar over battery storage…

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Q&A

What Happens After a Battery Fire

A conversation with San Jose State University researcher Ivano Aiello, who’s been studying the aftermath of the catastrophe at Moss Landing.

Ivano Aiello.
Heatmap Illustration

This week’s conversation is with Ivano Aiello, a geoscientist at San Jose State University in California. I interviewed Aiello a year ago, when I began investigating the potential harm caused by the battery fire at Vistra’s Moss Landing facility, perhaps the largest battery storage fire of all time. The now-closed battery plant is located near the university, and Aiello happened to be studying a nearby estuary and wildlife habitat when the fire took place. He was therefore able to closely track metals contamination from the site. When we last spoke, he told me that he was working on a comprehensive, peer-reviewed study of the impacts of the fire.

That research was recently published and has a crucial lesson: We might not be tracking the environmental impacts of battery storage fires properly.

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