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How the litigious environmental organization squares its opposition to some renewable energy projects with its support for rapid climate action
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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Did a battery plant disaster in California spark a PR crisis on the East Coast?
Battery fire fears are fomenting a storage backlash in New York City – and it risks turning into fresh PR hell for the industry.
Aggrieved neighbors, anti-BESS activists, and Republican politicians are galvanizing more opposition to battery storage in pockets of the five boroughs where development is actually happening, capturing rapt attention from other residents as well as members of the media. In Staten Island, a petition against a NineDot Energy battery project has received more than 1,300 signatures in a little over two months. Two weeks ago, advocates – backed by representatives of local politicians including Rep. Nicole Mallitokis – swarmed a public meeting on the project, getting a local community board to vote unanimously against the project.
According to Heatmap Pro’s proprietary modeling of local opinion around battery storage, there are likely twice as many strong opponents than strong supporters in the area:
Heatmap Pro
Yesterday, leaders in the Queens community of Hempstead enacted a year-long ban on BESS for at least a year after GOP Rep. Anthony D’Esposito, other local politicians, and a slew of aggrieved residents testified in favor of a moratorium. The day before, officials in the Long Island town of Southampton said at a public meeting they were ready to extend their battery storage ban until they enshrined a more restrictive development code – even as many energy companies testified against doing so, including NineDot and storage developer Key Capture Energy. Yonkers also recently extended its own battery moratorium.
This flurry of activity follows the Moss Landing battery plant fire in California, a rather exceptional event caused by tech that was extremely old and a battery chemistry that is no longer popular in the sector. But opponents of battery storage don’t care – they’re telling their friends to stop the community from becoming the next Moss Landing. The longer this goes on without a fulsome, strident response from the industry, the more communities may rally against them. Making matters even worse, as I explained in The Fight earlier this year, we’re seeing battery fire concerns impact solar projects too.
“This is a huge problem for solar. If [fires] start regularly happening, communities are going to say hey, you can’t put that there,” Derek Chase, CEO of battery fire smoke detection tech company OnSight Technologies, told me at Intersolar this week. “It’s going to be really detrimental.”
I’ve long worried New York City in particular may be a powder keg for the battery storage sector given its omnipresence as a popular media environment. If it happens in New York, the rest of the world learns about it.
I feel like the power of the New York media environment is not lost on Staten Island borough president Vito Fossella, a de facto leader of the anti-BESS movement in the boroughs. Last fall I interviewed Fossella, whose rhetorical strategy often leans on painting Staten Island as an overburdened community. (At least 13 battery storage projects have been in the works in Staten Island according to recent reporting. Fossella claims that is far more than any amount proposed elsewhere in the city.) He often points to battery blazes that happen elsewhere in the country, as well as fears about lithium-ion scooters that have caught fire. His goal is to enact very large setback distance requirements for battery storage, at a minimum.
“You can still put them throughout the city but you can’t put them next to people’s homes – what happens if one of these goes on fire next to a gas station,” he told me at the time, chalking the wider city government’s reluctance to capitulate on batteries to a “political problem.”
Well, I’m going to hold my breath for the real political problem in waiting – the inevitable backlash that happens when Mallitokis, D’Esposito, and others take this fight to Congress and the national stage. I bet that’s probably why American Clean Power just sent me a notice for a press briefing on battery safety next week …
And more of the week’s top conflicts around renewable energy.
1. Queen Anne’s County, Maryland – They really don’t want you to sign a solar lease out in the rural parts of this otherwise very pro-renewables state.
2. Logan County, Ohio – Staff for the Ohio Power Siting Board have recommended it reject Open Road Renewables’ Grange Solar agrivoltaics project.
3. Bandera County, Texas – On a slightly brighter note for solar, it appears that Pine Gate Renewables’ Rio Lago solar project might just be safe from county restrictions.
Here’s what else we’re watching…
In Illinois, Armoracia Solar is struggling to get necessary permits from Madison County.
In Kentucky, the mayor of Lexington is getting into a public spat with East Kentucky Power Cooperative over solar.
In Michigan, Livingston County is now backing the legal challenge to Michigan’s state permitting primacy law.
On the week’s top news around renewable energy policy.
1. IRA funding freeze update – Money is starting to get out the door, finally: the EPA unfroze most of its climate grant funding it had paused after Trump entered office.
2. Scalpel vs. sledgehammer – House Speaker Mike Johnson signaled Republicans in Congress may take a broader approach to repealing the Inflation Reduction Act than previously expected in tax talks.
3. Endangerment in danger – The EPA is reportedly urging the White House to back reversing its 2009 “endangerment” finding on air pollutants and climate change, a linchpin in the agency’s overall CO2 and climate regulatory scheme.