The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Q&A

Permitting on Federal Land Has Long Been a Headache

A conversation with Elizabeth McCarthy of the Breakthrough Institute.

Elizabeth McCarthy.
Heatmap Illustration/The Breakthrough Institute

This week’s conversation is with Elizabeth McCarthy of the Breakthrough Institute. Elizabeth was one of several researchers involved in a comprehensive review of a decade of energy project litigation – between 2013 and 2022 – under the National Environment Policy Act. Notably, the review – which Breakthrough released a few weeks ago – found that a lot of energy projects get tied up in NEPA litigation. While she and her colleagues ultimately found fossil fuels are more vulnerable to this problem than renewables, the entire sector has a common enemy: difficulty of developing on federal lands because of NEPA. So I called her up this week to chat about what this research found.

The following conversation was lightly edited for clarity.

So why are you so fixated on NEPA?

Personally and institutionally, [Breakthrough is] curious about all regulatory policy – land use, environmental regulatory policy – and we see NEPA as the thing that connects them all. If we understand how that’s functioning at a high level, we can start to pull at the strings of other players. So, we wanted to understand the barrier that touches the most projects.

What aspects of zero-carbon energy generation are most affected by NEPA?

Anything with a federal nexus that doesn’t include tax credits. Solar and wind that is on federal land is subject to a NEPA review, and anything that is linear infrastructure – transmission often has to go through multiple NEPA reviews. We don’t see a ton of transmission being litigated over on our end, but we think that is a sign NEPA is such a known obstacle that no one even wants to touch a transmission line that’ll go through 14 years of review, so there’s this unknown graveyard of transmission that wasn’t even planned.

In your report, you noted there was a relatively small number of zero-carbon energy projects in your database of NEPA cases. Is solar and wind just being developed more frequently on private land, so there’s less of these sorts of conflicts?

Precisely. The states that are the most powered by wind or create the most wind energy are Texas and Iowa, and those are bypassing the national federal environmental review process [with private land], in addition to not having their own state requirements, so it’s easier to build projects.

What would you tell a solar or wind developer about your research?

This is confirming a lot of things they may have already instinctually known or believed to be true, which is that NEPA and filling out an environmental impact statement takes a really long time and is likely to be litigated over. If you’re a developer who can’t avoid putting your energy project on federal land, you may just want to avoid moving forward with it – the cost may outweigh whatever revenue you could get from that project because you can’t know how much money you’ll have to pour into it.

Huh. Sounds like everything is working well. I do think your work identifies a clear risk in developing on federal lands, which is baked into the marketplace now given the pause on permits for renewables on federal lands.

Yeah. And if you think about where the best places would be to put these technologies? It is on federal lands. The West is way more federal land than anywhere else in the county. Nevada is a great place to put solar — there’s a lot of sun. But we’re not going to put anything there if we can’t put anything there.

What’s the remedy?

We propose a set of policy suggestions. We think the judicial review process could be sped along or not be as burdensome. Our research most obviously points to shortening the statute of limitations under the Administrative Procedures Act from six years to six months, because a great deal of the projects we reviewed made it in that time, so you’d see more cases in good faith as opposed to someone waiting six years waiting to challenge it.

We also think engaging stakeholders much earlier in the process would help.

Yellow

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

How Trump’s Speed-to-Power Push for Data Centers Could Backfire

Will moving fast and breaking air permits exacerbate tensions with locals?

Donald Trump and Rick Perry.
Heatmap Illustration/Getty Images

The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.

On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.

Keep reading...Show less
Yellow
Hotspots

South Carolina County Mulls Lifting Solar Ban

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Berkeley County, South Carolina – Forget about Richland County, Ohio. All eyes in Solar World should be on this county where officials are trying to lift a solar moratorium.

  • Berkeley County instituted a solar moratorium in 2023. Now RWE is asking the county to lift the moratorium and the county’s land use committee voted this week at a hearing to recommend doing so, citing concerns from state utility Santee Cooper about energy prices. The county has seen electricity prices rise roughly 20% over the past three years, according to our Electricity Price Hub.
  • “They flat out said they need more power. They’re not going to have enough power by 2029,” councilmember Amy Stern said at a hearing Monday. “We are going to have more of this [discussion]. The moratorium lift[ing], all it does is allow us to get more information.” RWE wants to rezone land for a utility-scale solar farm the company claims would provide 198 megawatts, enough power for 37,000 homes.
  • Some most vocally supportive of the moratorium packed the hearing room, becoming so boisterous the council threatened local sheriff intervention. This shouldn’t be surprising; public opinion modeling indicates overall support for renewable energy in Berkeley County but the area has a substantial opposition risk score – 62 – in the Heatmap Pro database.
  • I’m closely monitoring whether the outcry overrules concerns about energy prices and Berkeley County supervisor Johnny Cribb told attendees of the hearing he’s against lifting the moratorium: “I’m against large-scale solar farms in this county, because of the reality of our county.”

2. Hill County, Texas – We have our first Texas county trying to ban new data centers and it’s in one of the more conservative pockets of the state.

Keep reading...Show less
Yellow
Q&A

The Biggest Data Center Critic in Utah Politics

A conversation with Utah state senator Nate Blouin.

Nate Blouin.
Heatmap Illustration

This week’s conversation is with Utah state senator Nate Blouin – a candidate for the Democratic nomination to represent the state’s 1st Congressional District, which includes Salt Lake City. I reached out to Blouin amidst the outpouring of public attention on the Box Elder County data center project backed by celebrity investor Kevin O’Leary. His positions on data centers and energy development, including support for a national AI data center moratorium, make him a must-watch candidate for anyone in this year’s Democratic congressional primaries. (It’s worth noting this seat was recently redrawn in ways that made it further left.)

The following conversation was lightly edited for clarity.

Keep reading...Show less
Yellow