The Fight

Sign In or Create an Account.

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

Q&A

How Should Regulators Grapple With Moss Landing?

A conversation with Dustin Mulvaney, professor of environmental studies at San Jose State University

Dustin Mulvaney
Heatmap Illustration

Today’s conversation is with Dustin Mulvaney, an environmental studies professor at San Jose State University. Mulvaney is a social scientist who spent much of his time before January 2025 advocating for more considerate and humane renewable energy development. Then Moss Landing happened. Mulvaney – who was there at Moss Landing the first day – is now obsessed with the myriad safety concerns laden in large-scale utility battery storage and what plans were in place to deal with the fire. His reasoning? A failure to grapple with safety concerns could undermine public trust in battery storage and make a transition away from fossil fuels more difficult.

The following is an abridged version of our conversation, which was the interview that first prompted me to investigate the mystery of the health concerns surrounding the fire.

Why are you so concerned about what safety plan was in place before the Moss Landing battery fire?

Three o’clock was when the battery started smoking. The giant fire doesn’t happen until six o’clock and there were reporters on scene saying, the smoke’s gone. Then all of the sudden: boom. Just blows up, big time.

They didn’t evacuate the neighborhood until six. The neighborhood should’ve been evacuated at three when the smoke started.

Wait – they didn’t evacuate the neighborhood until three hours after the fire?

It depends what you mean by fire. There weren’t flames the first few hours. From the planning side, they should’ve at least been notified they would be evacuated if the fire got worse.

That’s part of the problem. You’ve got all these people looking around at this gigantic fire and that’s scary. And on the monitoring part, there should be a plan for how to monitor the fire. How come no one flew a drone into the cloud of smoke to look for whatever’s in there to just get a sense? And they were checking for hydrofluoric acid all around but they were all at ground level. It just feels like they weren’t prepared.

Why does it concern you that they were only checking for that chemical at ground level?

We had an inversion that night and when we get a little inversion off the bay, the air is really clean and clear. I got pretty close to the fire that night. I got as close as the police would let me go. And I was breathing clean air at ground level. I want to say I was a mile away.

So what do you think was most missing from a regulatory standpoint here? What should’ve been done that wasn’t done at a state level?

If you think about it, the pipeline explosion killed all those people in San Bruno before the California Public Utilities Commission said maybe we should regulate pipelines a little better, and then burned down cities with hooks that were 100 years old from power lines and [said] maybe we should do something better on power lines. To me it feels like the CPUC is the one who has been dragging their feet on all of this.

Because they’re behind on planning?

The CPUC is in charge of safety. It’s part of CPUC’s job to make sure that pipelines don’t explode and transmission lines don’t catch fire.

I agree that we need to be safer, but there’s some pretty serious urgency to build a lot more of these batteries, fast, no?

So, the analogy that I was trying to go with was that when CPUC doesn’t do its job, the Federal Energy Regulatory Commission has threatened to come in. When pipeline explosions happen and if CPUC doesn’t do its job–

So do you want a Trump administration FERC to step in?

Absolutely not, that is not what I am saying. I’m not advocating for that. No way.

It’s the question of where is everybody? The CPUC should’ve stepped in and implemented regulations immediately. Maybe we’d see something different here. Maybe someone goes in and inspects that battery facility and sees we need corrugated metal from Home Depot.

This is going to get worse. I’m sure if there’s anybody with battery storage in a building like Moss Landing they are now being asked, I’m sure their insurers are asking, where’s your thermal runaway certification for that facility?

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

Data Center Moratoria Are ‘Unconstitutional,’ Lawsuits Claim

A new front opens in the data center wars.

An anti-data-center sign.
Heatmap Illustration/Getty Images

A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?

In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.

Keep reading...Show less
Yellow
Hotspots

Local Permitting Fights Take Over National Politics

And more on this week’s conflicts around project development.

The United States.
Heatmap Illustration/Getty Images

1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.

  • On Tuesday, Pennsylvania Gov. Josh Shapiro announced his state – one once coveted by the AI industry for hyperscale construction – will no longer permit projects without local support. It was a step change from posture taken mere months earlier, when he announced voluntary standards for data center development that I found may have been vetted by representatives of the industry, including Amazon.
  • Tucked in Shapiro’s speech was what I can only imagine was his last straw: developer Brian O’Neill’s efforts to construct data center buildings in the King of Prussia community, close to where he grew up himself. Without calling him out by name, the governor said he was “stoking fear in the community, even though he has no realistic path to getting power at the sites any time soon.”
  • “Here’s something else he has no realistic path to getting: my support,” the governor said.
  • As the climate news outlet DeSmog wrote earlier this month, O’Neill had closely collaborated with members of Shapiro’s administration for more than a year before this speech happened, including on securing energy. But the real estate magnate’s projects kept facing local rejections; people really don’t seem to want what he’s been selling.
  • Now Shapiro is turning on O’Neill, transforming him into what he described as a type of “speculative” developer his government wishes to discourage from building projects in his state.

2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.

Keep reading...Show less
Yellow
Q&A

A CNN Reporter Joins the Fray

A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.

Our chat was lightly edited for clarity.

Keep reading...Show less
Yellow