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The Trump administration is now being lobbied to nix offshore wind projects already under construction.
Anti-wind activists have joined with well-connected figures in conservative legal and energy circles to privately lobby the Trump administration to undo permitting decisions by the National Oceanic and Atmospheric Administration, according to documents obtained by Heatmap.
Representatives of conservative think tanks and legal nonprofits — including the Caesar Rodney Institute, the Heartland Institute and Committee for a Constructive Tomorrow, or CFACT — sent a letter to Interior Secretary Doug Burgum dated February 11 requesting that the Trump administration “immediately revoke” letters from NOAA to 11 offshore wind projects authorizing “incidental takes,” a term of regulatory art referencing accidental and permissible harassment, injury, or potential deaths under federal endangered species and mammal protection laws. The letter lays out a number of perceived issues with how those approvals have historically been issued for offshore wind companies and claims the government has improperly analyzed the cumulative effects of adding offshore wind to the ocean’s existing industrialization. NOAA oversees marine species protection.
The letter also requested “an immediate cession of construction” at four offshore wind projects with federal approvals that have begun construction: Dominion Energy’s Coastal Virginia offshore wind project, Copenhagen Infrastructure Partners’ Vineyard Wind 1, and Ørsted’s Revolution Wind and Sunrise Wind projects.
“It is with a sense of real urgency we write you today,” the letter states, referencing Trump’s executive order targeting the offshore wind industry to ask that he go further. “[E]leven projects have already received approvals with four of those under construction. Leasing and permitting will be reviewed for these approved projects but may take time.”
I obtained the letter from Paul Kamenar, a longtime attorney in conservative legal circles currently with the D.C.-based National Legal and Policy Center, who told me the letter had been sent to the department this week. Kamenar is one of multiple attorneys involved in a lawsuit filed last year by Heartland and CFACT challenging permits for Dominion’s Coastal Virginia project over alleged potential impacts to the endangered North Atlantic right whale. We reported earlier this week that the government signaled in proceedings for that case it will review approvals for Coastal Virginia, the first indication that previous permits issued for offshore wind could be vulnerable to the Trump effect.
Kamenar described the request to Burgum as “a coalition letter,” and told me that “the new secretary there is sympathetic” to their complaints about offshore wind permits. “We’re hoping that this letter will basically reverse the letter[s] of authorizations, or have the agency go back,” Kamenar said, adding a message for Dominion and other developers implicated by the letter: “Just because the company has the approval doesn’t mean it’s all systems go.”
The Interior Department does not directly oversee NOAA – that’s the Commerce Department. But it does control the Bureau of Ocean Energy Management, which ultimately regulates all offshore wind development and issues final approvals.
Interior did not immediately respond to a request for comment on the letter.
Some signees of the document are part of a constellation of influential figures in the anti-renewables movement whose voices have been magnified in the new administration.
One of the letter’s two lead signatories is David Stevenson, director of the Center for Energy and Environmental Policy at the Caesar Rodney Institute, an organization involved in legal battles against offshore wind projects under development in the Mid-Atlantic. The Institute says on its website it is a member of the State Policy Network, a broad constellation of think tanks, legal advocacy groups, and nonprofits.
Multiple activists who signed onto the letter work with the Save Right Whales Coalition, a network of local organizations and activists. Coalition members have appeared with Republican lawmakers at field hearings and rallies over the past few years attacking offshore wind. They became especially influential in GOP politics after being featured in a film by outspoken renewables critic and famous liberal-turned-conservative Michael Shellenberger, who is himself involved in the Coalition. His film, Thrown to the Wind, blew up in right-wing media circles because it claimed to correlate whale deaths with offshore wind development.
When asked if the Coalition was formally involved in this request of the administration, Lisa Linowes, a co-founder of the Coalition, replied in an email: “The Coalition was not a signer of the request.”
One cosigner sure to turn heads: John Droz, a pioneer in the anti-wind activist movement who for years has given talks and offered roadmaps on how best to stop renewables projects.
The letter also includes an endorsement from Mandy Davis, who was involved with the draft anti-wind executive order we told you was sent to the Trump transition team before inauguration. CFACT also co-signed that draft order when it was transmitted to the transition team, according to correspondence reviewed by Heatmap.
Most of the signatories to the letter list their locations. Many of the individuals unrelated to bigger organizations list their locations as in Delaware or Maryland. Only a few signatories on the letter have locations in other states dealing with offshore wind projects.
On its face, this letter represents a new stage of Trump’s war on offshore wind.
Yes, he has frozen leasing, along with most permitting activity and even public meetings related to pending projects. But the president’s executive order targeting offshore wind opened the door to rescinding leases and previous permits. Doing so would produce new, costly legal battles for developers and for publicly-regulated utilities, ratepayers. Over the past few weeks, offshore wind developers with projects that got their permits under Biden have sought to reassure investors that at least they’ll be fine.
If this new request is heeded, that calm will subside.
Beyond that, reversing these authorizations could represent a scandal for scientific integrity at NOAA – or at least NOAA’s Fisheries division, the National Marine Fisheries Service. Heeding the letter’s requests would mean revisiting the findings of career scientists for what developers may argue are purely political reasons, or at minimum arbitrary ones.
This wouldn’t be the first time something like this has happened under Trump. In 2020, I used public records to prove that plans by career NOAA Fisheries employees to protect endangered whales from oil and gas exploration in the Atlantic were watered down after a political review. At the time, Democratic Representative Jared Huffman — now the top Democrat on the House Natural Resources Committee — told me that my reporting was evidence of potential scientific integrity issues at NOAA and represented “blatant scientific and environmental malpractice at the highest order.”
It’s worth emphasizing how much this mattered, not just for science but literally in court, as the decision to allow more seismic testing for oil under Trump was challenged at the time on the grounds that it was made arbitrarily.
Peter Corkeron, a former NOAA scientist with expertise researching the North Atlantic right whale, reviewed the letter to Burgum and told me in an email that essentially, the anti-offshore wind movement is exploiting similar arguments made by conservationists about issues with the federal government’s protection of the species to target this sector. The federal regulator has for many years faced the ire of conservation activists, who’ve said it does not go far enough to protect endangered species from more longstanding threats like fishing and vessel strikes.
If NOAA were to bow to this request, Corkeron wrote, he would interpret that as the agency’s failure to fully protect the species in good faith instead becoming “suborned by the hydrocarbon exploitation industry as a way of eliminating a competing form of energy production that should, in time, prove more beneficial for whales than what we’re currently doing.”
“The point on cumulative impacts is, on face value, fair,” he said. “The problem is its lack of context. Cumulative impacts on North Atlantic right whales from offshore wind are possible. However, in the context of the cumulative impacts of the shipping (vessel strike kills, noise pollution), and fishing (death, maiming, failure to breed) industries, they’ll be insignificant. Because NOAA has never clearly set out to address ways to offset other impacts while developing the offshore wind industry, these additive impacts place a burden on this new industry in ways that existing, and more damaging, industries don’t have to address.”
CFACT responded to a request for comment by sending me a press release with the letter attached that was not publicly available, and did not respond to the climate criticisms by press time. David Stevenson of the Caesar Rodney Institute sent me a statement criticizing offshore wind energy and questioning its ability to “lower global emissions.”
“The goal is to pause construction until everything is reviewed,” Stevenson said. When asked if there was an outcome where a review led to projects being built, he said no, calling offshore wind an “environmental wrecking ball.”
Well, we’ll soon find out what the real wrecking ball is.
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And more on the week’s biggest conflicts around renewable energy projects.
1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.
2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.
3. Imperial County, California – The board of directors for the agriculture-saturated Imperial Irrigation District in southern California has approved a resolution opposing solar projects on farmland.
4. New England – Offshore wind opponents are starting to win big in state negotiations with developers, as officials once committed to the energy sources delay final decisions on maintaining contracts.
5. Barren County, Kentucky – Remember the National Park fighting the solar farm? We may see a resolution to that conflict later this month.
6. Washington County, Arkansas – It seems that RES’ efforts to build a wind farm here are leading the county to face calls for a blanket moratorium.
7. Westchester County, New York – Yet another resort town in New York may be saying “no” to battery storage over fire risks.
Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.
The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.
“This is something that we’re just starting to see,” said Matthew Eisenson, a senior fellow with the Renewable Energy Legal Defense Initiative at the Columbia University Sabin Center for Climate Change Law. “It’s one thing for environmentalists to support wind and solar projects if the idea is that those projects will eventually replace coal power plants. But it’s another thing if those projects are purely being built to meet incremental demand from data centers.”
We’ve started to see evidence of this backlash in certain resort towns fearful of a new tech industry presence and the conflicts over transmission lines in Maryland. But it is most prominent in Virginia, ground zero for American hyperscaler data centers. As we’ve previously discussed in The Fight, rural Virginia is increasingly one of the hardest places to get approval for a solar farm in the U.S., and while there are many reasons the industry is facing issues there, a significant one is the state’s data center boom.
I spent weeks digging into the example of Mecklenburg County, where the local Board of Supervisors in May indefinitely banned new solar projects and is rejecting those that were in the middle of permitting when the decision came down. It’s also the site of a growing data center footprint. Microsoft, which already had a base of operations in the county’s town of Boydton, is in the process of building a giant data center hub with three buildings and an enormous amount of energy demand. It’s this sudden buildup of tech industry infrastructure that is by all appearances driving a backlash to renewable energy in the county, a place that already had a pre-existing high opposition risk in the Heatmap Pro database.
It’s not just data centers causing the ban in Mecklenburg, but it’s worth paying attention to how the fight over Big Tech and solar has overlapped in the county, where Sierra Club’s Virginia Chapter has worked locally to fight data center growth with a grassroots citizens group, Friends of the Meherrin River, that was a key supporter of the solar moratorium, too.
In a conversation with me this week, Tim Cywinski, communications director for the state’s Sierra Club chapter, told me municipal leaders like those in Mecklenburg are starting to group together renewables and data centers because, simply put, rural communities enter into conversations with these outsider business segments with a heavy dose of skepticism. This distrust can then be compounded when errors are made, such as when one utility-scale solar farm – Geenex’s Grasshopper project – apparently polluted a nearby creek after soil erosion issues during construction, a problem project operator Dominion Energy later acknowledged and has continued to be a pain point for renewables developers in the county.
“I don’t think the planning that has been presented to rural America has been adequate enough,” the Richmond-based advocate said. “Has solar kind of messed up in a lot of areas in rural America? Yeah, and that’s given those communities an excuse to roll them in with a lot of other bad stuff.”
Cywinski – who describes himself as “not your typical environmentalist” – says the data center space has done a worse job at community engagement than renewables developers in Virginia, and that the opposition against data center projects in places like Chesapeake and Fauquier is more intense, widespread, and popular than the opposition to renewables he’s seeing play out across the Commonwealth.
But, he added, he doesn’t believe the fight against data centers is “mutually exclusive” from conflicts over solar. “I’m not going to tout the gospel of solar while I’m trying to fight a data center for these people because it’s about listening to them, hearing their concerns, and then not telling them what to say but trying to help them elevate their perspective and their concerns,” Cywinski said.
As someone who spends a lot of time speaking with communities resisting solar and trying to best understand their concerns, I agree with Cywinksi: the conflict over data centers speaks to the heart of the rural vs. renewables divide, and it offers a warning shot to anyone thinking AI will help make solar and wind more popular.
Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”
Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.
What are you referencing when you say, ‘the wind industry’s strategy is failing’?
Anyone in the climate space, in the clean energy space, the worst thing you can do is go silent and pretend that this is just going to go away. Even if it’s the president and the administration delivering the attacks, I think there’s an important strategy that’s been lacking in the wind and other sectors that I don’t think has been effective. There was a recent E&E News story that noted a couple of wind developers when asked for comment just say, “No comment.” This to me misses a really big opportunity to not get in a fight with people but talk about the benefits of wind.
Not taking advantage of milestones like ground breaking or construction starting is a missed opportunity to drive public opinion. If you lose support in public opinion, you’re going to lose support from public officials, because they largely follow public opinion.
And there’s no way that’s going to change if you don’t take the opportunities to talk about the benefits that wind can provide, in terms of good-paying local jobs or supplying more electrons to the grid. By almost any measure the strategy employed so far has not really worked.
Okay, but what is the wind industry strategy that isn’t working? What are they doing to rebut attacks on the technology, on property values, on the environment?
We’re not hearing them. We’re not hearing those arguments.
You can’t let criticisms go unanswered.It would better serve the industry and these companies to push back against criticisms. It’s not like you can’t anticipate what they are. And what do you have to lose? You’re in the worst position of any energy sector in this political moment. It would be nice to see some fight and sharp campaign skills and strategic effort in terms of communication. And there’s no strategic value from what I can tell in [being silent].
I understand not wanting to pick a fight with folks who hold your fate in their hands, but there’s a way to thread a needle that isn’t antagonizing anybody but also making sure the facts have been heard. And that’s been missing.
You’d specifically said the industry should stop ‘being paralyzed in fear and start going on offense.’ What does that look like to you?
Taking every opportunity to get your message out there. The lowest hanging fruit is when a reporter comes and asks you, What do you think about this criticism? You should definitely reply. It’s lifting up third-party voices that are benefiting from a specific project, talking about the economic impacts more broadly, talking about the benefits to the grid.
There’s a whole number of tools in the toolbox to put to use but the toolboxes remain shut thus far. Targeted paid media, elevating the different voices and communities that are going to resonate with different legislators, and certainly the facts are helpful. Also having materials prepared, like validators and frequently asked questions and answers.
You’re trying to win. You’re trying to get your project to be successful and deliver jobs and tax revenue. And I think it would be wise for companies to look at the playbooks of electoral campaigns, because there’s lots of tools that campaigns use.
How do renewable energy developers get around the problem of partisanship? How do you get outta that through a campaign approach?
These projects are decided locally. It’s deciding who the decision-makers are and not just letting opponents who are getting talking points through right-wing media show up and reiterate these talking points. Oftentimes, there’s no one on the pro side even showing up at all, and it makes it really easy for city councils to oppose projects. They’re losing by forfeit. We can’t keep doing that.