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Q&A

How to Fight Back Against Anti-Renewable Activists

Getting local with Matthew Eisenson of Columbia Law School’s Sabin Center for Climate Change Law.

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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.

Yellow

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Spotlight

Data Centers Have a Farmland Problem, Too

It’s not just renewables anymore.

A data center and a farm.
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The movement against data centers is raising up a raison d'etre of the anti-renewables movement: protecting would-be farmland.

Farm owners and operators across the U.S. are winning national headlines almost every week for rejecting big dollar offers from data center developers. In Hanover County, Virginia, protestors are chanting “Grow Tomatoes, Not Data Centers.” In Pennsylvania and elsewhere, Republican legislators are mulling proposals to block the sale of so-called “prime farmland” for data center development. In Texas, the fight over data center development has engulfed the race for the state’s ag commissioner seat. In the Midwest, where agriculture reigns supreme, statewide races and congressional campaigns are slowly but surely being defined by the issue. Like in Nebraska where Austin Ahlman, an independent candidate running for Congress in Nebraska’s first district, told me he believes the data center backlash is reflective of a populist politics that broadly criticize elites and top-down control of the economy: “I think sometimes people misunderstand the anxieties of rural Americans when it comes to these data centers because a lot of their fears are about control long term.”

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Hotspots

Far-Right Wind Foes Call It Quits Against Coastal Virginia

And more of the week’s top news around project fights.

The United States.
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1. Virginia Beach, Virginia – The right-wing interest group lawsuit against Dominion Energy’s Coastal Virginia offshore wind is now dead, concluding one of the wackier tales of the Trump 2.0 energy era.

  • In case you may have forgotten, conservative activists – including climate denial organization the Heartland Institute – sued the federal government in 2024 to strike down the permits for the Virginia offshore wind project arguing that it didn’t take into account impacts on North Atlantic right whales. The lawsuit played into misinformed public fears that offshore wind was killing lots of endangered whales.
  • After Trump re-entered office last year, there were glimmers this lawsuit would become a sue-and-settle case. But the feds ultimately let that idea go amidst heavy lobbying. In May, the presiding judge ruled against the conservatives and last week their lawyers dismissed the appeal.
  • This outcome removes one of the more ridiculous hypotheticals possible here – that Trump would forcibly deconstruct Coastal Virginia. The project is nearing completion and began delivering power to the coastline in March. I’d consider this one as good as done.

2. Box Elder County, Utah – Call it the Box Elder County massacre.

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Q&A

What Solar Developers Can Teach Data Centers About Making Friends at the Local Level

A conversation with Hanson Wood of RWE

Hanson Wood.
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This week’s conversation is with Hanson Wood, chief development officer for solar developer RWE. Wood’s perspective felt crucial at a moment when the data center boom is leading to so much deal volume – even after the repeal of the Inflation Reduction Act. So I reached out to his team to see if we could talk about how he’s evaluating all things Fight-related, including the impacts of the data center backlash on solar itself. The following conversation was lightly edited for clarity.

How is solar finding opportunities in the data center development space? I know there’s conversations about speed-to-power and some deal volume, but help us get a better sense of the level of capacity being sought versus fossil or other forms of energy.

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