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A conversation with Dustin Mulvaney of San Jose State University

This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.
Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?
A couple things are going on. Monterey Bay is surrounded by Monterey County and Santa Cruz County and both are considering ordinances around battery storage. That’s different than a ban – important. You can have an ordinance that helps facilitate storage. Some people here are very focused on climate change issues and the grid, because here in Santa Cruz County we’re at a terminal point where there really is no renewable energy, so we have to have battery storage. And like, in Santa Cruz County the ordinance would be for unincorporated areas – I’m not sure how materially that would impact things. There’s one storage project in Watsonville near Moss Landing, and the ordinance wouldn’t even impact that. Even in Monterey County, the idea is to issue a moratorium and again, that’s in unincorporated areas, too.
It’s important to say how important battery storage is going to be for the coastal areas. That’s where you see the opposition, but all of our renewables are trapped in southern California and we have a bottleneck that moves power up and down the state. If California doesn’t get offshore wind or wind from Wyoming into the northern part of the state, we’re relying on batteries to get that part of the grid decarbonized.
In the areas of California where batteries are being opposed, who is supporting them and fighting against the protests? I mean, aside from the developers and an occasional climate activist.
The state has been strongly supporting the industry. Lawmakers in the state have been really behind energy storage and keeping things headed in that direction of more deployment. Other than that, I think you’re right to point out there’s not local advocates saying, “We need more battery storage.” It tends to come from Sacramento. I’m not sure you’d see local folks in energy siting usually, but I think it’s also because we are still actually deploying battery storage in some areas of the state. If we were having even more trouble, maybe we’d have more advocacy for development in response.
Has the Moss Landing incident impacted renewable energy development in California? I’ve seen some references to fears about that incident crop up in fights over solar in Imperial County, for example, which I know has been coveted for development.
Everywhere there’s batteries, people are pointing at Moss Landing and asking how people will deal with fires. I don’t know how powerful the arguments are in California, but I see it in almost every single renewable project that has a battery.
Okay, then what do you think the next phase of this is? Are we just going to be trapped in a battery fire fear cycle, or do you think this backlash will evolve?
We’re starting to see it play out here with the state opt-in process where developers can seek state approval to build without local approval. As this situation after Moss Landing has played out, more battery developers have wound up in the opt-in process. So what we’ll see is more battery developers try to get permission from the state as opposed to local officials.
There are some trade-offs with that. But there are benefits in having more resources to help make the decisions. The state will have more expertise in emergency response, for example, whereas every local jurisdiction has to educate themselves. But no matter what I think they’ll be pursuing the opt-in process – there’s nothing local governments can really do to stop them with that.
Part of what we’re seeing though is, you have to have a community benefit agreement in place for the project to advance under the California Environmental Quality Act. The state has been pretty strict about that, and that’s the one thing local folks could still do – influence whether a developer can get a community benefits agreement with representatives on the ground. That’s the one strategy local folks who want to push back on a battery could use, block those agreements. Other than that, I think some counties here in California may not have much resistance. They need the revenue and see these as economic opportunities.
I can’t help but hear optimism in your tone of voice here. It seems like in spite of the disaster, development is still moving forward. Do you think California is doing a better or worse job than other states at deploying battery storage and handling the trade offs?
Oh, better. I think the opt-in process looks like a nice balance between taking local authority away over things and the better decision-making that can be brought in. The state creating that program is one way to help encourage renewables and avoid a backlash, honestly, while staying on track with its decarbonization goals.
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Activists are suing for records on three projects in Wyoming.
Three wind projects in Wyoming are stuck in the middle of a widening legal battle between local wildlife conservation activists and the Trump administration over eagle death records.
The rural Wyoming bird advocacy group Albany County Conservancy filed a federal lawsuit last week against the Trump administration seeking to compel the government to release reams of information about how it records deaths from three facilities owned and operated by the utility PacifiCorp: Dunlap Wind, Ekola Flats, and Seven Mile Hill. The group filed its lawsuit under the Freedom of Information Act, the national public records disclosure law, and accused the Fish and Wildlife Service of unlawfully withholding evidence related to whether the three wind farms were fully compliant with the Bald and Golden Eagle Protection Act.
I’m eyeing this case closely because it suggests these wind farms may fall under future scrutiny from the Fish and Wildlife Service, either for prospective fines or far worse, as the agency continues a sweeping review of wind projects’ compliance with BGEPA, a statute anti-wind advocates have made clear they seek to use as a cudgel against operating facilities. It’s especially noteworthy that a year into Trump’s term, his promises to go after wind projects have not really touched onshore, primarily offshore. (The exception, of course, being Lava Ridge.)
Violating the eagle protection statute has significant penalties. For each eagle death beyond what FWS has permitted, a company is subject to at least $100,000 in fines or a year in prison. These penalties go up if a company is knowingly violating the law repeatedly. In August, the Service sent letters to wind developers and utilities across the country requesting records demonstrating compliance with BGEPA as part of a crackdown on wind energy writ large.
This brings us back to the lawsuit. Crucial to this case is the work of a former Fish and Wildlife Service biologist Mike Lockhart, whom intrepid readers of The Fight may remember for telling me that he’s been submitting evidence of excessive golden eagle deaths to Fish and Wildlife for years. Along with its legal complaint, the Conservancy filed a detailed breakdown of its back-and-forth with Fish and Wildlife over an initial public records request. Per those records, the agency has failed to produce any evidence that it received Lockhart’s proof of bird deaths – ones that he asserts occurred because of these wind farms.
“By refusing to even identify, let alone disclose, obviously responsive but nonexempt records the Conservancy knows to be in the Department’s possession and/or control, the Department leaves open serious questions about the integrity of its administration of BGEPA,” the lawsuit alleges.
The Fish and Wildlife Service did not respond to a request for comment on the case, though it’s worth noting that agencies rarely comment on pending litigation. PacifiCorp did not immediately respond to a request either. I will keep you posted as this progresses.
Plus more of the week’s biggest fights in renewable energy.
1. York County, Nebraska – A county commissioner in this rural corner of Nebraska appears to have lost his job after greenlighting a solar project.
2. St. Joseph County, Indiana – Down goes another data center!
3. Maricopa County, Arizona – I’m looking at the city of Mesa to see whether it’ll establish new rules that make battery storage development incredibly challenging.
4. Imperial County, California – Solar is going to have a much harder time in this agricultural area now that there’s a cap on utility-scale projects.
5. Converse County, Wyoming – The Pronghorn 2 hydrogen project is losing its best shot at operating: the wind.
6. Grundy County, Illinois – Another noteworthy court ruling came this week as a state circuit court ruled against the small city of Morris, which had sued the county seeking to block permits for an ECA Solar utility-scale project.
A conversation with Public Citizen’s Deanna Noel.
This week’s conversation is with Deanna Noel, climate campaigns director for the advocacy group Public Citizen. I reached out to Deanna because last week Public Citizen became one of the first major environmental groups I’ve seen call for localities and states to institute full-on moratoria against any future data center development. The exhortation was part of a broader guide for more progressive policymakers on data centers, but I found this proposal to be an especially radical one as some communities institute data center moratoria that also restrict renewable energy. I wanted to know, how do progressive political organizations talk about data center bans without inadvertently helping opponents of solar and wind projects?
The following conversation was lightly edited for clarity.
Why are you recommending we ban data centers until we have regulations?
The point of us putting this out was to give policymakers a roadmap and a starting point at all levels of government, putting in guardrails to start reeling in Big Tech. Because the reality is they’re writing their own rules with how they’d like to roll out these massive data centers.
A big reason for a moratorium at the state and local level is to put in place requirements to ensure any more development that is happening is not just stepping on local communities, undermining our climate goals, impacting water resources or having adverse societal impacts like incessant noise. Big Tech is often hiding behind non-disclosure agreements and tying the hands of local officials behind NDAs while they’re negotiating deals for their data centers, which then becomes a gag order blocking officials and the public from understanding what is happening. And so our guide set out to provide a policy roadmap and a starting point is to say, let’s put a pause on this.
Do you see any cities or states doing this now? I’m trying to get a better understanding of where this came from.
It’s happening at the local level. There was a moratorium in Prince George’s County [in Maryland], where I live, until a task force can be developed and make sure local residents’ concerns are addressed. In Georgia, localities have done this, too.
The idea on its own is simple: States and localities have the authority and should be the ones to implement these moratoriums that no data centers should go forward until baseline protections are in place. There are many protections we go through in our guide, but No. 1, Big Tech should be forced to pay their way. These are some of the most wealthy corporations on the planet, and yet they’re bending backwards to negotiate deals with local utilities and governments to ensure they’re paying as little as possible for the cost of their power infrastructure. Those costs are being put on ratepayers.
The idea of a moratorium is there’s a tension in a data center buildout without any regulations.
Do you have any concerns about pushing for blanket moratoria on new technological infrastructure? We’re seeing this policy thrown at solar and wind and batteries now. Is there any concern it’ll go from data centers to renewables next in some places?
First off, you’re right, and the Trump administration wants to fast-track an expansion that’ll rely on fossil fuels: coal, oil and gas. We’re in a climate crisis, and we’d be better off if these data centers relied entirely on renewable energy.
It’s incredibly important for policymakers to be clear when they’re setting moratoria that they’re not inadvertently halting clean, cheap energy like wind and solar. This is about the unfettered expansion of the data center industry to feed the AI machine. That’s what the focus needs to be on.
Yes, but there’s also this land use techlash going on, and I’m a little concerned advocacy for a moratorium on data centers will help those fighting to institute moratoria on solar and wind. I’m talking about Ohio and Wisconsin and Iowa. Are you at all concerned about a horseshoe phenomenon here, where people are opposing data centers for the same reasons they’re fighting renewable energy projects? What should folks in the advocacy space do to make sure those things aren’t tethered to one another?
That’s a great question. I think it comes down to clear messaging for the public.
People are opportunistic — they want to get their passion projects no matter what. We as advocates need to consistently message that renewable energy is not only the energy of tomorrow, but of today. It’s where the rest of the world is headed and the U.S. is going backwards under the Trump administration.
The data center issue is separate. Data centers are using way more land – these massive hyperscaler data center campuses – are using more land than solar and wind. We can be creative with those energies in a way we can’t with the data center expansion.
We need to make it absolutely clear: This is about corporate expansion at the expense of everyone else in a way that solar and wind aren’t. Those bring costs down and don’t have anywhere near as much of an environmental impact.