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A conversation with Cici Vu and Morgan Putnam of DNV Energy Systems
Today we’re speaking with Cici Vu and Morgan Putnam from DNV Energy Systems, who helped craft a must-read report out this week on community relations in transmission with Americans for Clean Energy Grid (ACEG). Their report compiles findings of a roundtable with environmentalists, Indigenous rights activists, developers, and individual land owners, and finds transmission can fare better than solar and wind in this current political climate – and that community benefit agreements can be helpful for getting projects across the finish line. But some issues divided the roundtable, including how to structure labor benefits to ensure lots of people get job opportunities from transmission.
The following is a lightly edited and abridged version of our conversation:
Jael: Can you walk me through what you and ACEG found as a part of your research?
Morgan: ACEG identify – like you have – that there is a realness to the community opposition that can arise with these projects. While there are clearly cases of money being spent to augment that, it doesn’t mean the opposition isn’t present. ACEG’s interest was to help make meaningful progress on this issue and figure out how we can do better to accelerate the rate at which we develop transmission. As the report calls out early on, development really proceeds at the pace of trust within a community.
Cici: There are a lot of reports out there on best practices. There are 1,500-page reports on desktop research and lots of interviews and so forth. But I think ACEG hit the nail on the head by bringing in the voices at the same table. With my expertise in mediation, we were able to do that. The recruiting of all the voices helped make the report more inclusive, and more comprehensive and more holistic in viewpoints and perspectives.
The other thing that was really important was bridging the technical aspects of these large infrastructure projects that are so complex that communities don’t understand [them.] Being able to bring the large complexities of these projects – transmission, in this case – and community needs and interest, and being able to translate and interpret and be able to talk to one another, is a core piece of this report.
The tool that gets us there is these community benefits agreements, project work agreements. And they only work well and are effective if they are co-developed with the voices, the developers, the landowners, the host communities alike.
Jael: Did you feel there was a need for a consensus on best practices for community engagement?
Cici: It’s a differentiator. It’s one of the reasons we’re doing this.
We all recognize the needs of load growth demand. But to most effectively advance some of these best practices and make them actionable, these trusted voices have to discuss and agree. Or not agree – because we have a non-consensus segment as well where there were issues that did not meet consensus. When that happened, we made a recommendation to continue the discussion toward consensus.
Jael: What issues were most difficult to find consensus on and why?
Cici: The big piece of tension was how would these projects treat workforce development [and] bring in a local workforce while balancing the needs of labor,because labor has the skills. For instance, one of the issues was that local workforces need to be up-skilled in a way that is much more structured and systematic because there are safety issues in climbing a pole and doing electrification and things like that.
Jael: At a high level, are we seeing a similar broad backlash to transmission like what we’re seeing in specific communities with solar and wind?
Morgan: No, we’re not. It could happen. But those types of things you’re referencing are not yet occurring in transmission. I think it is less likely but not impossible, because–
Jael: What about Grain Belt Express or what’s happened around Piedmont? Do those situations give you any pause?
Morgan: So Grain Belt I think a little bit but it’s in a different category in my mind. Grain Belt is a specific project and, well, just look at the MISO region where that project sits. MISO’s moving forward with a lot of transmission. That project is but one project and it is being developed by an independent transmission developer that has… I think they face additional hurdles at times by virtue of their independence.
Having said that, I think the earlier statement still applies to all transmission. It’s about trust. It’s something where I think if you have the trust and support of the communities, you’re going to be able to move the projects forward.
Cici: We’ve seen a lot of momentum in favor of longer term regional planning of transmission. We haven’t seen as much attention on the triggering words we see with solar, or wind, and the incoming administration for transmission. And we also have a lot of the load demand, which is data centers.
We’re all crossing our fingers with the incoming administration. It’s so unpredictable.
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Solar and wind projects will take the most heat, but the document leaves open the possibility for damage to spread far and wide.
It’s still too soon to know just how damaging the Interior Department’s political review process for renewables permits will be. But my reporting shows there’s no scenario where the blast radius doesn’t hit dozens of projects at least — and it could take down countless more.
Last week, Interior released a memo that I was first to report would stymie permits for renewable energy projects on and off of federal lands by grinding to a halt everything from all rights-of-way decisions to wildlife permits and tribal consultations. At minimum, those actions will need to be vetted on a project-by-project basis by Interior Secretary Doug Burgum and the office of the Interior deputy secretary — a new, still largely undefined process that could tie up final agency actions in red tape and delay.
For the past week, I’ve been chatting with renewables industry representatives and their supporters to get their initial reactions on what this latest blow from the Trump administration will do to their business. The people I spoke with who were involved in development and investment were fearful of being quoted, but the prevailing sense was of near-total uncertainty, including as to how other agencies may respond to such an action from a vital organ of the federal government’s environmental review process.
The order left open the possibility it could also be applied to any number of projects “related to” solar and wind — a potential trip-wire for plans sited entirely on private lands but requiring transmission across Bureau of Land Management property to connect to the grid. Heatmap Pro data shows 96 renewable energy projects that are less than 7 miles away from federal lands, making them more likely to need federal approval for transmission or road needs, and another 47 projects that are a similar distance away from critical wildlife habitat. In case you don’t want to do the math, that’s almost 150 projects that may hypothetically wind up caught in this permitting pause, on top of however many solar and wind projects that are already in its trap.
At least 35 solar projects and three wind projects — Salmon Falls Wind in Idaho and the Jackalope and Maestro projects in Wyoming — are under federal review, according to Interior’s public data. Advocates for renewable energy say these are the projects that will be the most crucial test cases to watch.
“Unfortunately they’ll be the guinea pigs,” said Mariel Lutz, a conservation policy analyst for the Center for American Progress, who today released a report outlining the scale of job losses that could occur in the wind sector under Trump. “The best way to figure out what this means is to have people and projects try or not try various things and see what happens.”
The data available is largely confined to projects under National Environmental Policy Act review, however. In my conversations with petrified developers this past week, it’s abundantly clear no one really knows just how far-reaching these delays may become. Only time will tell.
We’re looking at battles brewing in New York and Ohio, plus there’s a bit of good news in Virginia.
1. Idaho — The LS Power Lava Ridge wind farm is now facing a fresh assault, this time from Congress — and the Trump team now seems to want a nuclear plant there instead.
2. Suffolk County, New York — A massive fish market co-op in the Bronx is now joining the lawsuit to stop Equinor’s offshore Empire Wind project, providing anti-wind activists a powerful new ally in the public square.
3. Madison County, New York — Elsewhere in New York, a solar project upstate seems to be galvanizing opposition to the state’s permitting primacy law.
4. Fairfield County, Ohio — A trench war is now breaking out over National Grid Renewables’ Carnation Solar project, as opponents win a crucial victory at the county level.
5. El Paso County, Colorado — I don’t write about Colorado often, but this situation is an interesting one.
6. St. Joseph County, Indiana — Something interesting is playing out in this county that demonstrates how it can be quite complicated to navigate municipal and county-level permitting.
7. Albemarle County, Virginia — It’s rare I get to tell a positive story about Virginia, but today we have one: It is now easier to build a solar farm in the county home to Charlottesville, one of my personal favorite small cities in our country.
Getting local with Matthew Eisenson of Columbia Law School’s Sabin Center for Climate Change Law.
This week’s conversation is with Matthew Eisenson at Columbia Law School’s Sabin Center for Climate Change Law. Eisenson is a legal expert and pioneer in the field of renewable energy community engagement whose work on litigating in support of solar and wind actually contributed to my interest in diving headlong into this subject after we both were panelists at the Society of Environmental Journalists’ annual conference last year. His team at the Sabin Center recently released a report outlining updates to their national project tracker, which looks at various facility-level conflicts at the local level.
On the eve of that report’s release earlier this month, Eisenson talked to me about what he believes are the best practices that could get more renewable projects over the finish line in municipal permitting fights. Oh — and we talked about Ohio.
The following conversation was lightly edited for clarity. Let’s dive in.
So first of all, walk me through your report. How has the community conflict over renewable energy changed in the U.S. over the past year?
A few things I would highlight. In Ohio, we now have 26 out of 88 counties that have established restricted areas where wind or solar are prohibited. These restrictions are explicitly enabled by the state law, SB 52. I’d also highlight that while the majority of litigation in our database is state-level litigation and contested case administrative proceedings, there are certain types of projects — particularly offshore wind — that have an extremely high prevalence of federal litigation. A majority of federally permitted offshore wind projects have been subject to federal lawsuits. The plaintiffs in these lawsuits have never succeeded on the merits, but they keep filing them and they drive up costs.
In general, as a topline takeaway, [our] report shows more and more of the same.
You personally do quite a bit of legal work on solar and wind permitting battles in the state of Ohio, where as you noted counties are curtailing deployment left and right. What’s your bird’s eye view of the situation in the state right now?
So Ohio has for years had a state-level siting process. The Ohio Power Siting Board reviews all applications for large-scale energy generation facilities, 50 megawatts or larger. The Siting Board has a set of criteria they are required to apply when they are reviewing an application, but basically only one of them seems to matter in deciding whether a project is approved or denied: whether the project serves the public’s convenience and necessity.
We’re seeing that in the majority of proceedings for approvals of large-scale wind and solar projects, there will be groups that intervene in opposition to the project, and often these groups will argue that there is so much local opposition that the project cannot possibly serve the public interest.
The Power Siting Board has been rejecting that argument in important cases recently. The board is still putting substantial weight on whether local governments are supportive or not supportive of a project, but are not rejecting projects just because of a demonstration of local opposition.
Say you’re a developer and you start facing opposition. What is the right legal avenue? How should they do the calculus, so to speak, on how to navigate legal options?
There’s numerous things developers can do. They can work with the local government and community-based groups to work with the local government to craft host community agreements, community benefit agreements — voluntary but binding contracts with the local community where a developer provides benefits; in exchange, community-based groups would agree to support the project, or at least not to oppose it. These can be very helpful and particularly meaningful in places where a local government itself is not in charge of permitting decisions themselves. So in a state like Ohio, if a developer negotiates host benefit agreements with local township governments and then those governments don’t turn around to intervene against a project, those would be extremely helpful.
It’s also important for developers to do community outreach and build a base of local supporters, and get those supporters to turn out at public meetings. Historically opponents of projects are more motivated to show up at a local meeting than supporters, but it’s really not a good look for a project when you have 500 turn out against it and 10 turn out to support.
For years the opponents were very proactive. There would be a proposal for a project in one county in Kansas and a group of opponents in the neighboring county would propose a restrictive ordinance to block future projects — supporters weren’t thinking proactively in the long-term. I think a concentrated effort will produce meaningful results. But they’re behind.