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A conversation with Katharine Kollins of the Southeastern Wind Coalition
This week’s conversation is with Katharine Kollins of the Southeastern Wind Coalition, an advocacy group that supports offshore wind development in the American Southeast. I wanted to talk with Katherine about whether there are any silver linings in the offshore wind space, and to my surprise she actually had one! Here’s to hope springing eternal – and Trump leaving Coastal Virginia intact.
The following conversation has been lightly edited for clarity.
Tell me about the Southeast. What does offshore wind look like there?
The Southeast is interesting. In Virginia, we have a project that is more in the first mover status – the very large Coastal Virginia wind project – which is already under construction.
As you move further south, I would say all of those projects are later stage than what we see in the Northeast. We get a taste of both of those project stages and how the current administration is affecting them. I believe that the Coastal Virginia wind project will continue construction. They’re already a year and a half into a three year phase of construction. That project is expected to be generating electricity next year.
What about the rest?
The rest – no other project has an offtake agreement in the Southeast. North Carolina is getting closer to defining an offtake agreement through the state’s carbon plan process. That’s a back and forth between Duke Energy and the North Carolina Utilities Commission to produce a least-cost electricity portfolio that also gradually reduces the state’s carbon emissions, and offshore wind is as far in that process as we have ever seen in the state. Right now, the utility is responsible for issuing an acquisition RFI (request for information) – it does put the request out there for the developers in the lease areas off of North Carolina and ask them to submit rough estimates for what their projects might cost to be included in Duke’s portfolio. They’re in the process of that and it needs to wrap up by July 1st.
Before we move on to Coastal Virginia, is it your hope this state level effort further south is able to progress through Trump?
Yes. Even in a best case scenario, we’re still looking at a 2032 or 2033 [completion date]. I still think that’s possible.
Have you seen similar conflicts in the Southeast over stuff like wildlife that we see in the Northeast?
We certainly hear those arguments but they don’t come out as strongly. That could be because projects just aren’t as far along as they are in the Northeast – we don’t have any cable landing sites yet. Our projects are all further offshore than many of those in the Northeast, so they don’t come with the same visual impact concerns which is helpful.
I think as we get further in the development process, certainly there will be more conversations around those things but part of what our organization does as well is come in early and try to talk to folks so there’s more information out there for citizens to understand what offshore wind might really mean, what it might feel like, what it might mean for the economy and the environment – before we start choosing a cable landing site. We’ve got a good runway here.
On Coastal Virginia, my concern is that there seems to be enough time for some shenanigans to go on. Is it just your hope here that the project is able to continue without impediment?
I would say hope but it’s also reasonable-ness. This project has already invested $6 billion of ratepayer funds to generate 2,600 megawatts of electricity. To pull the plug on that would mean the federal government was telling Virginians that even though they spent $6 billion dollars to build clean energy development off their coast, the federal government could step in and take that away.
I don’t think that is a reasonable thing to do. So my hope is that the project is able to continue construction and generate that clean electricity for Virginians.
You’ve seen too, a lot of support – bipartisan support – for CVOW. Jen Kiggans, the congresswoman from the Hampton Roads area, has been more outspoken than many in Congress about the importance of the economic value of the CVOW project as well as the need for new electricity and the demand this project is going to help meet.
Have you found in light of the recent election that organizations like yourself are helpful for offshore wind development, and do you feel like more voices are needed to speak out on what the Trump administration has done? We haven’t seen any litigation or blue states in the Northeast stridently or forcefully go to bat yet.
I think there’s many issues folks are grappling with right now and deciding where to put their political capital. Those processes are still under way. There are so many places to focus our attention right now and just a lot on Congress’ plate right now, so they’ve got to figure out which issues they are going to spend the most time on. And what’s winnable for them.
There are a lot of things folks are focused on right now. And maybe that’s part of the plan – spread our people’s ability to speak, or dilute the ability to speak. If you look at the trade associations and NGOs working on offshore wind, we’re working harder than ever. We are consistently looking at, who do we get the message out to about the benefits of offshore wind?
When you think beyond the organizations like ours that speak explicitly to the benefits of offshore wind – could we use more? Always. You can always use more voices speaking out about an energy technology that is very much part of our future, part of our economic and environmental future, and I don’t think you could have too many people speaking out in favor of offshore wind.
If we’re thinking about politicians, right now there’s a lot on people’s plate. The dust has yet to settle.
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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.