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Q&A

The Center for Biological Diversity’s Patrick Donnelly Responds to Critics

How the litigious environmental organization squares its opposition to some renewable energy projects with its support for rapid climate action

Patrick Donnelly.
Heatmap Illustration/Center for Biological Diversity

Welcome to The Fight’s Q&A section where we’ll speak with the movers and shakers shaping every side of the debate over renewable energy deployment.

Today our subject is Patrick Donnelly, Great Basin director for the Center for Biological Diversity, an environmentalist organization at times on the plaintiff end of lawsuits against projects. I decided to speak with him about how his organization’s opposition to some projects squares with its support for rapid climate action.

The following is an abridged version of our conversation.

What would you say to someone who says the work you do is delaying climate action?

There’s a huge amount of projects in the pipeline, and it’s not likely that our level of intervention is going to materially affect the overall rollout of clean energy.

We [the U.S.] aren’t picking the right projects to pursue. No plan exists in the federal government for where that energy is going to come from, where we’re going to pick which projects to permit. And we have no filtering criteria for which to say, well, this is a good project and there’s so many problems with this project that it’s a really bad project and we shouldn’t permit.

Why do you think the government isn’t engaging organizations like CBD about which projects to pursue?

It’s not a legal obligation. It’s probably a moral obligation. If you’re going to go to 50% EVs or whatever, you better have a plan for where all the lithium is going to come from! There’s places with lower tribal conflicts, these are knowable things. We can do it next week. We also need to consolidate solar projects. There are millions of acres that don’t have tortoises on them. We have more than enough land. I could just pencil that out right now – it’s not that hard to find the least conflicts. The data exists.

But again, industry’s been in the driver’s seat. Industry’s said, we have this application and it needs to be processed because we brought it in.

So what you’re saying is, you’d sit with Jigar Shah and just plan it out?

If he asked me to come, I’d be in D.C. tomorrow. Absolutely. That’s what we want — let’s plan it out, and then I can go work on other things, y’know? I’d be happy to sue over that [other] stuff.

Absent this planning, which sounds nice but has not happened, proponents of permitting reform often cite CBD’s repeated opposition as a reason to pass legislation that could limit your ability to challenge projects. What do you think about how your actions now could impact your capacity to act in the future?

I think some level of permitting reform was inevitable. I don’t think anything in the permitting bill will cease our efforts. It will make it harder for sure. I think the biggest thing it will do is eliminate the ability for frontline communities to engage, so we’re looking at an undemocratic clean energy transition where you have technocrats making decisions for how people’s lives will play out. People in these rural communities feel like they’re under assault. Low income desert folks feel like their whole life is going to be turned upside down.

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Q&A

How Has the Rise of AI Changed the Odds of a Permitting Deal?

Catching up with the American Council on Renewable Energy’s Ray Long.

Ray Long.
Heatmap Illustration/Getty Images

Today’s chat is with Ray Long, CEO of the American Council on Renewable Energy. We first discussed the odds of permitting reform a year and a half ago, for one of the first Q&As in The Fight. Flash forward and we’re still in the same situation, but now also wrestling with added demand for electricity to power data centers. I wanted to talk again about whether he thought the rise of artificial intelligence would increase the odds of some federal deal happening any time soon. The result: a wide-reaching conversation about the future of the electric grid, the struggles to win community buy-in and the sclerotic nature of the U.S. Congress.

The following conversation was lightly edited for clarity.

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Hotspots

Ohio Is Waging a Multi-Front Assault Against Data Centers

Plus more of week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Ohio — This state might just be the most important flashpoint in the national fight over advanced energy and tech infrastructure.

  • Ohio is now home to one of the fiercest retaliatory strikes against the data center sector from a statewide elected Republican. Last week, Governor Mike DeWine said he was pausing access to the state’s tax exemption request program for all data centers (sans two projects that squeaked in under the wire).
  • In the state legislature, a new select committee on data center development got an earful from aggrieved anti-data center voices this week at their only hearing for public comment. Legislation and regulation feels all but inevitable. As lawmakers debate potential legislation, grassroots organizers opposed to development are gathering signatures in hope of landing a moratorium vote on the ballot this November.
  • Meanwhile, the state Supreme Court struck down permits for the biggest solar project in the state: Oak Run, a large agri-voltaics project backed by a Shell subsidiary.
  • As I previously wrote, the court challenge against Oak Run was a potential harbinger of the extent local opposition would be considered a proxy for “the public interest,” a legal term of art crucial to state energy and power permitting.
  • In a decision overruling the Ohio Power Siting Board, justices wrote the board’s “rationale” on this public interest question “misses the mark” because it failed to include photos or sketches addressing visual concerns raised by locals. The board will now have to reconsider Oak Run and compel new analysis specific to surrounding sightlines.
  • Conflict over large industrial development in Ohio was eminently predictable. Heatmap’s polling and modeling has consistently shown an Obama-Trump voting flip like the one Ohio landed in 2016 as a predictor for potential opposition to building renewable energy. Same goes for the fight over development on farmland — and Ohio is flush with prospective ag property. Knowing renewables-hostile areas are harder for data centers, this would be a likely no-go zone for developers if it wasn’t for existing fiber-optic cable networks.

2. Laramie County, Wyoming — The Cowboy State’s capital city is one of the few to reject a data center moratorium. But tech companies. don’t get your hopes up too high.

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Spotlight

Most Americans Want a National Data Center Moratorium

Politicians, take note.

Data center protesters.
Heatmap Illustration/Getty Images

The national AI data center moratorium has momentum.

As I’ve been documenting for months here at The Fight, data center opposition is surging across the country. Our latest Heatmap Pro poll, conducted by Embold Research, puts some very hard numbers behind that picture. More than 7 in 10 Americans oppose new data center construction near where they live, up from just over 4 in 10 last fall. Part of what’s driving that opposition: More than half of respondents hold data centers largely responsible for rising electricity prices, and nearly half are pessimistic about the effect artificial intelligence will have on their lives.

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