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It’s not just Trump.
State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.
Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.
Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.
When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”
Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.
But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.
Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.
The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”
Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.
“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”
The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.
I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened to release in January touting the benefits solar can provide to the state’s revenue base.
ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.
“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.
It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.
But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.
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The Nimbus wind project in the Ozark Mountains is moving forward even without species permits, while locals pray Trump will shut it down.
The state of Arkansas is quickly becoming an important bellwether for the future of renewable energy deployment in the U.S., and a single project in the state’s famed Ozark Mountains might be the big fight that decides which way the state’s winds blow.
Arkansas has not historically been a renewables-heavy state, and very little power there is generated from solar or wind today. But after passage of the Inflation Reduction Act, the state saw a surge in project development, with more than 1.5 gigawatts of mostly utility-scale solar proposed in 2024, according to industry data. The state also welcomed its first large wind farm that year.
As in other states – Oklahoma and Arizona, for example – this spike in development led to a fresh wave of opposition and grassroots organizing against development. At least six Arkansas counties currently have active moratoria on solar or wind development, according to Heatmap Pro data. Unlike other states, Arkansas has actually gone there this year by passing a law restricting wind development and requiring all projects to have minimum setbacks on wind turbines from neighboring property owners of at least 3.5-times the height of the wind turbine itself, which can be as far as a quarter of a mile.
But activists on the ground still want more. Specifically, they want to stop Scout Clean Energy’s Nimbus wind project, which appears to have evaded significant barriers from either the new state law or a local ordinance blocking future wind development in Carroll County, the project’s future home. This facility is genuinely disliked by many on the ground in Carroll County; for weeks now, I have been monitoring residents posting to Facebook with updates on the movements of wind turbine components and their impacts to traffic. I’ve also seen the grumbling about it travel from the mouths of residents living near the project site to conservative social media influencers and influential figures in conservative energy policy circles.
The Nimbus project is also at considerable risk of federal intervention in some fashion. As I wrote about a few weeks ago, Nimbus applied to the Fish and Wildlife Service for incidental take approval covering golden eagles and endangered bats throughout the course of its operation. This turned into a multi-year effort to craft a conservation plan in tandem with permitting applications that are all pending approval from federal officials.
Scout Clean Energy still had not received permission by the time FWS changed hands to Trump 2.0, though – putting not only its permit but the project itself in potential legal risk. In addition, activists have recently seized upon risks floated by the Defense Department during development around the potential for the turbines to negatively impact radar capabilities, which previously resulted in the developer planning towers of varying heights for the blades.
These risks aren’t unique to Nimbus. Some of this is a reflection of how wind projects are generally so large and impactful that they wind up eventually landing in a federal nexus. But in this particular case, the fact that it seemed nothing could halt this project made me wonder if Trump was on the minds of people in Carroll County, too.
That’s how I wound up on the phone with Caroline Rogers, a woman living on Bradshaw Mountain near the Nimbus project site, who told me she has been fighting it since she first learned about it in 2023. Rogers and I chatted for almost an hour and, candidly, I found her to be an incredibly nice individual. When I asked her why she’s against the wind farm, she brought up a bunch of reasons I couldn’t necessarily fault her for, like concerns about property values and a lack of local civil services to support the community if there were a turbine failure or fire at the site.
“I still pray every day,” she told me when I asked her about whether she wants an outside force – à la Trump – to come in and do something to stop the facility. “There have been projects that have been stopped for various reasons, and there have been turbines that have been taken down.”
One of the things Rogers hopes happens is that the Fish and Wildlife Service’s bird crackdown comes for the Nimbus project, which is under construction even as it’s unclear whether it’ll ever get the take permits under the Trump administration. “Maybe it can be more of an enforcement [action],” she told me. “I hope it happens.”
This is where Trump’s unprecedented approach to energy development – and the curtailment of it – would have to cross a new rubicon. The Fish and Wildlife Service has rarely exercised its bird protection enforcement abilities against wind projects because of a significant and recent backlog in the permitting process related to applications from the sector. Bill Eubanks, an environmental attorney who works on renewables conflicts, told me earlier this week that if a developer is told by the agency it needs a permit, then “they’re on notice if they kill an eagle.” But while enforcement powers have been used before, it is “not that common.”
Even Rogers knows intervention from federal species regulators would be a potentially unprecedented step. “It can never stop a project that I’ve seen,” she told me.
Yet if Trump were to empower FWS to go after wind projects for violating species statutes, it is precisely this backlog that would make projects like Nimbus a potential target.
“They got so many applications from developers, and each one takes so much staff time to finalize,” Eubanks told me. “Even before January 20, there was already a significant backlog.”
Scout Clean Energy did not respond to requests for comment. If I hear from them or the Fish and Wildlife Service, I will let you know.
And more on the week’s most important conflicts around renewable energy projects.
1. Newport County, Rhode Island – The Trump administration escalated its onslaught against the offshore wind sector in the past week … coincidentally (or not) right after a New England-based anti-wind organization requested that it do so.
2. Madison County, New York – Officials in this county are using a novel method to target a wind project: They’re claiming it’ll disrupt 911 calls.
3. Wells County, Indiana – A pro-solar organization is apparently sending mass texts to people in this county asking them to sign a petition opposing a county-wide moratorium on new projects.
4. Henderson County, Kentucky – Planning officials in this county have recommended a two-year moratorium on wind power, sending the matter to a final vote before the county fiscal court.
5. Monterey County, California – Uh oh, another battery fire in central California.
Chatting party polarization with League of Conservation Voters CEO Pete Maysmith.
For this week’s conversation I chatted with Pete Maysmith, CEO of the League of Conservation Voters. There’s no one I’d rather talk to at a moment when any conflict over a solar farm can turn into the equivalent of a heated political campaign. I wanted to know how LCV is approaching the way renewables are becoming more partisan and the insurgent rise of local opposition to project development. Thankfully, Maysmith was willing to take some time right before the Labor Day weekend to sit in my hot seat.
The following conversation has been lightly edited for clarity.
How is your organization attempting to counter the way support for renewable energy projects on the local level is becoming increasingly partisan?
I’m actually not as convinced that’s the case. There’s certainly some markers around it being partisan at times, but I also know there’s lots of polling that shows by far the most popular form of energy is solar. Wind is No. 2. Below that you start to get the fossil fuel forms of energy. I actually think there’s broad support.
That doesn’t mean it is always uncontroversial, but I think there’s a couple things that are really interesting about that. One, a lot of the anti-renewables sentiment falls into a follow-the-money category, in that there is funded opposition intentionally designed to foment opposition to things like offshore wind or sometimes solar facilities. It’s funded by fossil fuel interests — so yes, there’s opposition, but understanding where that springs from. And I think the second thing is that there is, I think, a real lack of full understanding among the public about the fact that renewable energy is the fastest and the cheapest form of energy to bring onto the grid right now. There’s probably a belief or an association that fossil fuels are cheaper. That’s simply not true.
I think that’s a reason to do effective public education — that as we deal with spiking electricity bills across the country, the most effective thing we can do to address it is to bring the fastest and the cheapest form of energy online.
But that doesn’t account for the fights I follow across the country. Those projects are tagged as being “Green New Deal” projects or satisfying some sort of “woke left” agenda. That sentiment very much exists. What do you do about that?
I think you just have to make the case that it’s the cheapest and the fastest form of energy. 93% of all energy brought onto the grid was wind, solar, and battery capacity because it’s the cheapest and the fastest to bring on. You can’t get gas turbines. Meanwhile, energy bills are spiking. Data centers are going in. Extreme storms … all of these things and more are causing demand to spike. What this means is you need more supply.
How we address this is to not say renewables are better than fossil fuels. We obviously think that from a climate perspective, but let’s not have that conversation first. Let’s start with a conversation about what is the cheapest and the fastest form of energy. We need people to understand that if you want to address rising energy prices, let’s use the cheapest and the fastest form of energy in terms of what to bring onto the grid.
For me, the next place I go is to these other concerns around renewable energy. What are you working on to address rising concerns around renewables and farmland, for instance?
I think that there’s lots of opportunity for renewable energy projects to be win-win in all sorts of ways. Look at the projects started under the Inflation Reduction Act. 80% of those were in Republican congressional districts. We had a running list for a while of Republican House members who voted against the IRA – a partisan bill, right? – who then went to ground-breakings and ribbon-cuttings and dirt-shovel events to celebrate battery plants opening and wind or solar facilities.
That doesn’t mean they’re all free of conflict. I’m not saying that. But there are a lot of places where Republicans were celebrating those very projects.
In terms of project by project, take offshore wind. A lot of our affiliates have done a lot of work in New England in localities to talk about the benefits of an offshore wind project. Does that mean 100% of the people always support it? No, of course not. But in lots of instances, we’ve developed a good broad base of support for offshore wind projects because of the jobs, because it creates revenue, and because solar and wind are the cheapest and fastest forms of energy to bring onto the grid.
I often hear about the need for more organizing at the grassroots and local level to get more support into county hearings and planning commission meetings. What are you doing about that?
One of the things I love the most about LCV is the work we do about our 33 affiliates. It’s the affiliates in many of the states with these projects happening that are deeply engaged. Sometimes that’s at the state legislative level to oppose bills that would stop renewables. Sometimes it’s at that level to help speed approval of renewables projects, which we fought for in Illinois. And sometimes it’s at the local level, including to stop efforts to block renewables siting. Our folks in New England have been organizing regionally for offshore wind, for example.