This article is exclusively
for Heatmap Plus subscribers.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
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.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
A conversation with Tim Brightbill of Wiley Rein LLP
Today we’re talking with Tim Brightbill, a trade attorney at Wiley Rein LLP and lead counsel for a coalition of U.S. solar cell and module manufacturers – the American Alliance for Solar Manufacturing Trade Committee. Last week, his client won a massive victory – fresh tariffs on south Asian solar panel parts – on the premise that Chinese firms are dumping cheap products in the region to drive down prices and hurt American companies. It’s the latest in a long series of decadal trade actions against solar parts with Chinese origin.
We wanted to talk to Tim about how this move could affect developers, if an America-first strategy could help insulate solar from political opposition, and how this could play out in next year’s talks over the future of the IRA. The following conversation was lightly edited for clarity.
If you were talking to a developer, what would you tell them should be their takeaway?
I think the takeaway is that these determinations appear to go a long way toward addressing the unfair trade that’s been present in solar panels, solar cells, for more than a decade. And I think these duties do send a signal that will help build up domestic manufacturing. We’ve seen historic investment next to the Inflation Reduction Act in U.S. solar manufacturing facilities – in places like Georgia with QCells, in Ohio for First Solar – and we’re at a critically important point here.
Those investments were being undercut by this unfair trade by these Chinese-owned companies. We think now hopefully that will be addressed and that should lead to a bright future for solar deployment, the growth of solar power in the United States.
How does the pursuit of a fairer trade landscape globally in the broader sense impact support for solar energy in the U.S.? I hear often that a “made without China” approach can shore up support for renewables. Do you find that to be the case?
Definitely, I find that to be the case.
The U.S. industry invented solar technology and perfected it. And then unfortunately, it was virtually wiped out due to the unfair trade practices of China and these Chinese-owned companies. If we want to have solar and not be dependent on other countries for renewable energy needs, the best way to do that is to have a strong manufacturing base and a strong supply chain.
What do you think the direction of this is going to be under the next administration? Even more ratcheting up of trade measures?
Well the trade laws are a calculation, right? They’re based on rules, they’re not political. I don’t expect this administration to necessarily change individual trade cases. But I do think trade policy will change in a way that tries to address these Chinese-owned companies that undercut the rest of the world.
For example, the IRA provides right now potential benefits for any company that sets up shop here, even if they are owned by a foreign entity of concern. That seems like something this administration is going to address. If you’re going to receive IRA money, you should not be affiliated with a foreign entity of concern.
Given the potential for an impact on pricing, combined with the impacts on limiting the tax credits in that way – wouldn’t that make it harder to build projects in the U.S. short term?
I don’t think so. The solar panels themselves are not anywhere close to the majority of the cost of a project. There are so many other things that impact project cost, from permitting to the land. I don’t think this will impact the costs of deployment of solar. It will just give us a more secure supply chain that is either here in the United States or at least more regional in nature, which is going to be better for the industry.
With foreign entities of concern – are you referring to 45X? You’re anticipating that tax credit will change with respect to the IRA?
I expect the Trump administration will focus on that. There are already other related products under IRA where “foreign entity of concern” participation is not allowed for those tax credits. So it seems like a ready fix to ensure that is the same for solar technologies.
Is that bad news, or is that saving the credit?
I don’t think it’s bad news. I think it’s good news. It means more of the credit will be available to U.S. companies and our allies who might want to set up here as well.
If Chinese companies want to come here and set up in the United States, that’s great, but they shouldn’t also receive subsidies because those are the same companies that have harmed our industry with unfair trade for more than a decade.
Okay enough serious talk. Can I ask you a fun question: what was the last band you listened to?
It’s sort of dad rock-ish right now: Spoon. When I get my Spotify Wrapped, it’s going to be Spoon. That’s my favorite rock band right now.
And more of the week’s biggest news around renewable energy policy.
Sourcing requirements – As we explain in our Q&A today, there’s momentum building in Washington, D.C., to attach new sourcing requirements to an IRA credit for advanced manufacturing known as 45X.
Virginia’s planning – The state of Virginia is looking at its own plans to override local objections, which would make it one of the few GOP-led states to do so.
Here’s what else we’re watching…
And more of the week’s news around renewable energy conflicts.
Queens County, New York – TotalEnergies’ first Attentive Energy offshore wind project might be the canary in the Trumpy renewables coal mine.
Clinton County, Michigan – EV manufacturing news in Michigan is showing that fallout from Trump’s election may not be limited to offshore wind, and could creep into other projects facing grassroots opposition.
Linn County, Iowa – Even carbon pipelines facing opposition are getting canceled right now, after Wolf Carbon Solutions rescinded its project application to the Iowa Utilities Board.
Here’s what else we’re watching right now …
In California, the city of Escondido has extended its moratorium against the Seguro battery storage project. (Consider us shocked.)
In Illinois, an Acconia Energy solar farm’s application with the Will County government is being delayed over local opposition.
In Nebraska, NextEra is facing resistance to a new 2,400 acre solar farm in Lancaster County.
In Oklahoma, momentum for a moratorium is building in Lincoln County, an area once friendly to wind development.
In New York, the small town of Glenville rejected a small solar project proposed by a Nexamp subsidiary.