The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Spotlight

The CBD’s Tortoise Threat

The conservationist group thinks it has the goods on the Bureau of Land Management’s new Western solar plan.

•
Tortoise
Alexander Mils / Getty Images / Heatmap

The Biden administration is trying to open a lot more Western territory to utility-scale solar. But they are facing a conservationist backlash that may be aided by the views of scientists within the federal government.

Yesterday, activists pushed back against the environmental review of the Bureau of Land Management’s new Western solar plan that would make more than 31 million acres available for utility-scale solar applications across 11 states. The BLM is trying to meet the next two decades of demand for renewable electricity while avoiding the kinds of environmental and social conflicts that stymie individual projects. But it appears key stakeholders filed protests against the environmental review, including counties that would host new solar farms and Republican politicians, as well as the whistleblower advocacy group PEER we wrote about last week.

Today, however, we’re going to focus on the protest filed by the Center for Biological Diversity, which submitted to BLM what amounted to the contours of a lawsuit.

The protest argued the environmental review of the plan not only failed to adequately protect the Mojave desert tortoise – a species protected as “threatened” under the Endangered Species Act – but appeared to make “arbitrary” decisions to open potential tortoise habitat and travel areas. Per the protest, the review did so without clearly explaining how it took into account guidance from the Fish and Wildlife Service, the primary species protection agency.

Zooming in, scientists at the Service said in a power-point presentation dated April of this year (that CBD happily pointed out is available online) they supported excluding occupied tortoise habitat and translocation sites from the solar plan. Employees at the Service also gave CBD guidance documents they submitted over the past year to the Bureau that outlined “extensive criteria for exclusion” that activists say were not followed and weren’t reflected in the review documents previously released by the government.

Why does this matter? Well, it could determine whether the decisions relevant can hold up in court. CBD is using the word “arbitrary” because it’s a standard followed under the Administrative Procedures Act, which forces government officials to show their work and demonstrate they considered all available information submitted to them.

CBD’s Patrick Donnelly – who we spoke with at length in our first edition of The Fight – authored the protest filing. Donnelly told me the acreage relevant to the tortoises totals only about 200,000 acres of the almost 12 million that would be available for solar under the plan, so the grievance shouldn’t be a herculean endeavor to address.

“We’re trying to go into the protest process with an open mind, not cynically,” he told me, “and make this plan a lot less harmful.”

Still, if CBD escalates, the Bureau will have to show how it went from getting these recommendations to landing on the acreage it opened to solar. It could also shake the certainty of developers with applications within the solar plan area already dealing with tortoise protection advocates on the individual project level, like EDF Renewables’ Bonanza Solar project north of Las Vegas which has a draft environmental review in public comment.

Proving a government decision is arbitrary requires demonstrating the move was not “reasonable and justifiable,” Ankur Tohan, an attorney at K&L Gates, told me. Usually the bar for the government to prove itself is “relatively low,” and courts are “very deferential to an agency” as long as “the agency’s action took into account the relevant factors.” The problems arise for the government if “the internal analysis is contradictory,” Tohan said.

Personally I’m having trouble figuring out how the Service’s initial recommendations were internalized at BLM – though I am assuming they were handled in some way, as otherwise the Service would presumably stand in the way. BLM does acknowledge that “design features and project guidelines” were modified to “better avoid impacts to species where not excluded” and said developers “shall configure solar development projects to maintain existing desert tortoise habitat.”

I asked BLM to explain this, but they declined to answer questions on the matter. “The BLM has no comment at this time,” BLM press secretary Brian Hires said, citing the need to “review all protests.” So I guess we’ll have to wait and see!

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Q&A

Why the Wilderness Society Backs a Data Center Moratorium

Talking with Dan Hartinger, the land conservation group’s senior policy director.

•
The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Dan Hartinger, senior policy director for The Wilderness Society, a prominent land conservation organization in D.C. that this week called for a moratorium on data center development on public land. The public statement was relatively scant on details about the group’s stance, and a decade of reporting on policy in Washington has taught me that its positions are quite influential, especially in more traditional outdoor recreation and conservationist circles that are also often bipartisan. So I reached out and asked if someone could further explain the society’s position, and Dan obliged.

The following chat was lightly edited for clarity.

Keep reading...Show less
Yellow
Hotspots

Data Center Outrage Catches Up to Renewables Outrage in Michigan

Plus more of the week’s biggest development fights.

•
The United States.
Heatmap Illustration/Getty Images

1. Central Michigan – I regret to inform you of this back-and-forth between candidates running for Congress and a would-be constituent because it’s a warning sign for the renewable energy sector (and sort of broke my brain).

  • This week brought the first and likely only debate between Rep. Tom Barrett and Sunrise Movement cofounder Will Lawrence, who are locked in a tight contest over the Michigan 7th congressional district. As I’ve written, their race is a must-watch not only for control of the U.S. House but also the political fortunes of the data center sector.
  • The debate contained a remarkable exchange: Moderators played taped remarks from Paula Caltrider, identified as “a local resident” in the city of Mason to ask the candidates a question about data centers. Instead, she offered a comment. “You know, you can’t be a part of this no data center movement without renouncing the large solar farms and dangerous battery storage facilities that power these data centers.” (Quick TL;DR on Caltrider: She’s been quoted in national media coverage of the data center backlash and last year won a legal settlement after allegedly being fired for refusing a vaccine mandate.)
  • Barrett then ran with Caltrider’s baton. “I appreciate Paula linking these together, the stripping away of local control that took place in pursuit of this Green New Deal agenda in Lansing that took away control from communities” – a reference to the state’s primacy law that other Michigan Republican candidates have opposed.
  • Lawrence, whose support for a federal data center moratorium made him a national political test case, did not take the bait, nor did he criticize renewable energy. Instead, this part of the debate became a tit-for-tat about whether the sitting congressman once backed tax breaks for data centers. “He stuck his finger up into the wind, saw which way it was blowing, did a complete 180 on this issue,” Lawrence said. Then Barrett and Lawrence got into a confusing back-and-forth about whether the Inflation Reduction Act was a giveaway to data centers.
  • To the best of my knowledge, this is the first time the Data Center Trojan Horse has reared its ugly head on any kind of prominent debate stage, but it won’t be the last. For example: The Wisconsin gubernatorial debate is Oct. 21, and we’ve warned you about that one.

2. Doña Ana County, New Mexico – I suggest you pay closer attention to the federal permitting fight playing out over Oracle’s Project Jupiter.

Keep reading...Show less
Yellow
Spotlight

The Data Center Backlash Is Coming for Permitting Reform

The Senate’s compromise bill enters the chat at a moment when federal land and anti-pipeline advocates are already quite activated.

•
The Capitol and a data center.
Heatmap Illustration/Getty Images

The AI data center backlash is getting louder in D.C. ahead of the midterms – and it’s poised to collide head-on with the new permitting reform deal being negotiated in Congress.

This week, major environmental advocacy organizations are taking large public steps to lean in on the data center fight. The League of Conservation Voters and Natural Resources Defense Council, I’ve been told, are imminently announcing a $250,000 ad buy in the Washington, D.C. market focused entirely on decrying fossil fuel-powered data centers and Trump administration policies to speed up their construction. The Wilderness Society, a prominent land conservation organization, announced it now supports a moratorium against data centers on “public lands” focused on the roughly half billion acres under the Interior Department’s stewardship. And Earthjustice on Thursday did a detailed report claiming that 80% of the data centers under development “bringing their own power” are going to rely on gas generation.

Keep reading...Show less
Yellow