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A renewables fight in Arizona turns ugly.
Autumn Johnson told me some days it feels like she’s shouting into a void.
Johnson is the executive director for the Arizona branch of the Solar Energy Industries Association, the nation’s pre-eminent solar power trade group. Lately, she told me, she’s seeing an increasing number of communities go after potential solar farms, many of them places with little or no previous solar development. There’s so many she’s had to start “tracking them on a spreadsheet,” she tells me, then proceeding to rattle off the names of counties and towns like battles in a war. Heatmap Pro data reveals how restricted Arizona is today, with six out of the state’s 15 counties showing a restrictive ordinance on solar and/or wind energy.
One of those battles: Chino Valley, a small town in northern Arizona. For two years, Johnson and others in the solar industry worked to try and massage the town into enacting restrictions on solar that wouldn’t all but ban the industry. But a town council meeting in mid-March turned ugly, as a debate over the restrictions ultimately devolved to heckling and hollering. “I’m surprised they didn’t throw things,” she recalled to me over the phone.
Playing back tape of that meeting, I watched as anyone who even spoke up in favor of solar was booed. When Johnson got up to speak and say SEIA recommended a smaller setback than drafted – 150 feet – audience members loudly laughed at her. Ultimately she was interrupted so many times that her time to speak expired before she finished her comments.
She asked the Chino Valley town council: “Could I finish my thought since I had to stop several times?” BOO! The audience wasn’t having it. And neither was the town council, who declined to let her continue.
After another hour-plus of testimony, the town council was swayed: Chino Valley dropped the regulation their staff spent years on and instead instructed them to draft a complete ban on all solar – as well as battery storage and wind farms.
If enacted, this regulation would all but doom Draconis, a large-scale utility solar farm proposed by bp in Chino Valley. A bp representative briefly testified at the town council meeting to say members of the public who’d previously spoken had mischaracterized the water usage required for the solar farm, but was booed off the microphone. The company did not immediately respond to a request for comment.
Johnson told me Arizonans in many pockets of the state are starting to turn on solar for two major reasons. One: There’s a partisan affiliation with renewables and climate change due to the Inflation Reduction Act and Joe Biden’s involvement in crafting the law. The other motivation? “Part of it is old school NIMBYism,” Johnson told me. “We’re acting like this is a new thing but NIMBYism is not new. Everybody wants electricity but nobody wants the infrastructure that is necessary to facilitate their use of electricity.”
She added: “The way things are moving, the number of cities and counties that have restrictions is going to be more and more.” While some communities may be accepting utility-scale development now, she is concerned they’ll hit a “saturation point where people start to build up some kind of resentment about the quantity of projects.”
“It’s domino-y,” Johnson confessed.
I’m no Arizonan. But to me, what’s happening in Arizona is essentially one big redux of an infamous prank TV segment from the show “Who Is America?” in which actor Sasha Baron Cohen plays a coastal liberal stereotype posing as an economic development entrepreneur.
Cohen’s character visits Kingman, Arizona, a town northwest of Chino Valley. In that prank, Cohen walked Kingman residents through a presentation about a promising new source of tax revenue and local employment, only to reveal… he’s talking about building a mosque in Kingman funded by the Clinton Foundation.
Kingman is in Mohave County, which happened to be the first county Johnson mentioned when we spoke. Mohave – represented in Congress by far-right Republican Paul Gosar – is one of the sunniest parts of the country, smack dab in the Mohave Desert. It’s also one of the counties with a restrictive ordinance that routinely rejects solar farms, despite a willingness among local officials to approve new fossil energy. Why? Well, in the view of some folks out there, you might as well be building a Hillary Clinton-branded mosque. Not to mention Mohave has quite a few telltale signs of being tough to develop, according to Heatmap Pro – it’s an extremely white county with an economy heavily dependent on tourism and agriculture, making land use and property value pronounced day-to-day concerns.
Stan Barnes, a lobbyist in Arizona who represents large-scale solar developers, told me that for “so long, renewable energy has been tightly embraced – even bearhugged – by the center-left side of the political spectrum.” Barnes said this fact alone has made it much harder to build in rural areas of Arizona that voted heavily for Donald Trump. “The center-right side of the political spectrum feels like it needs to resist.”
Developers are finding ways around this sticky wicket, Barnes said, but it requires being “wise” and “a certain degree of authenticity on the ground with local officials.” He noted the Palo Verde energy hub, a federally-designated energy and transmission project area in a mostly remote area that expands off of an existing power plant. Barnes also mentioned Mohave, where utility-scale solar is not banned outright but restricted to light industrial areas, as a place where development is still possible.
“There likely will not be that kind of development in Chino Valley and that’s the way it’s going to be in some jurisdictions," he said. “In other jurisdictions there’s going to be thoughtful ordinances that accommodate a variety of interests.”
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And more on the week’s most important conflicts around renewable energy projects.
1. Lawrence County, Alabama – We now have a rare case of a large solar farm getting federal approval.
2. Virginia Beach, Virginia – It’s time to follow up on the Coastal Virginia offshore wind project.
3. Fairfield County, Ohio – The red shirts are beating the greens out in Ohio, and it isn’t looking pretty.
4. Allen County, Indiana – Sometimes a setback can really set someone back.
5. Adams County, Illinois – Hope you like boomerangs because this county has approved a solar project it previously denied.
6. Solano County, California – Yet another battery storage fight is breaking out in California. This time, it’s north of San Francisco.
A conversation with Elizabeth McCarthy of the Breakthrough Institute.
This week’s conversation is with Elizabeth McCarthy of the Breakthrough Institute. Elizabeth was one of several researchers involved in a comprehensive review of a decade of energy project litigation – between 2013 and 2022 – under the National Environment Policy Act. Notably, the review – which Breakthrough released a few weeks ago – found that a lot of energy projects get tied up in NEPA litigation. While she and her colleagues ultimately found fossil fuels are more vulnerable to this problem than renewables, the entire sector has a common enemy: difficulty of developing on federal lands because of NEPA. So I called her up this week to chat about what this research found.
The following conversation was lightly edited for clarity.
So why are you so fixated on NEPA?
Personally and institutionally, [Breakthrough is] curious about all regulatory policy – land use, environmental regulatory policy – and we see NEPA as the thing that connects them all. If we understand how that’s functioning at a high level, we can start to pull at the strings of other players. So, we wanted to understand the barrier that touches the most projects.
What aspects of zero-carbon energy generation are most affected by NEPA?
Anything with a federal nexus that doesn’t include tax credits. Solar and wind that is on federal land is subject to a NEPA review, and anything that is linear infrastructure – transmission often has to go through multiple NEPA reviews. We don’t see a ton of transmission being litigated over on our end, but we think that is a sign NEPA is such a known obstacle that no one even wants to touch a transmission line that’ll go through 14 years of review, so there’s this unknown graveyard of transmission that wasn’t even planned.
In your report, you noted there was a relatively small number of zero-carbon energy projects in your database of NEPA cases. Is solar and wind just being developed more frequently on private land, so there’s less of these sorts of conflicts?
Precisely. The states that are the most powered by wind or create the most wind energy are Texas and Iowa, and those are bypassing the national federal environmental review process [with private land], in addition to not having their own state requirements, so it’s easier to build projects.
What would you tell a solar or wind developer about your research?
This is confirming a lot of things they may have already instinctually known or believed to be true, which is that NEPA and filling out an environmental impact statement takes a really long time and is likely to be litigated over. If you’re a developer who can’t avoid putting your energy project on federal land, you may just want to avoid moving forward with it – the cost may outweigh whatever revenue you could get from that project because you can’t know how much money you’ll have to pour into it.
Huh. Sounds like everything is working well. I do think your work identifies a clear risk in developing on federal lands, which is baked into the marketplace now given the pause on permits for renewables on federal lands.
Yeah. And if you think about where the best places would be to put these technologies? It is on federal lands. The West is way more federal land than anywhere else in the county. Nevada is a great place to put solar — there’s a lot of sun. But we’re not going to put anything there if we can’t put anything there.
What’s the remedy?
We propose a set of policy suggestions. We think the judicial review process could be sped along or not be as burdensome. Our research most obviously points to shortening the statute of limitations under the Administrative Procedures Act from six years to six months, because a great deal of the projects we reviewed made it in that time, so you’d see more cases in good faith as opposed to someone waiting six years waiting to challenge it.
We also think engaging stakeholders much earlier in the process would help.
The Bureau of Land Management says it will be heavily scrutinizing transmission lines if they are expressly necessary to bring solar or wind energy to the power grid.
Since the beginning of July, I’ve been reporting out how the Trump administration has all but halted progress for solar and wind projects on federal lands through a series of orders issued by the Interior Department. But last week, I explained it was unclear whether transmission lines that connect to renewable energy projects would be subject to the permitting freeze. I also identified a major transmission line in Nevada – the north branch of NV Energy’s Greenlink project – as a crucial test case for the future of transmission siting in federal rights-of-way under Trump. Greenlink would cross a litany of federal solar leases and has been promoted as “essential to helping Nevada achieve its de-carbonization goals and increased renewable portfolio standard.”
Well, BLM has now told me Greenlink North will still proceed despite a delay made public shortly after permitting was frozen for renewables, and that the agency still expects to publish the record of decision for the line in September.
This is possible because, as BLM told me, transmission projects that bring solar and wind power to the grid will be subject to heightened scrutiny. In an exclusive statement, BLM press secretary Brian Hires told me via e-mail that a secretarial order choking out solar and wind permitting on federal lands will require “enhanced environmental review for transmission lines only when they are a part of, and necessary for, a wind or solar energy project.”
However, if a transmission project is not expressly tied to wind or solar or is not required for those projects to be constructed… apparently, then it can still get a federal green light. For instance in the case of Greenlink, the project itself is not explicitly tied to any single project, but is kind of like a transmission highway alongside many potential future solar projects. So a power line can get approved if it could one day connect to wind or solar, but the line’s purpose cannot solely be for a wind or solar project.
This is different than, say, lines tied explicitly to connecting a wind or solar project to an existing transmission network. Known as gen-tie lines, these will definitely face hardships with this federal government. This explains why, for example, BLM has yet to approve a gen-tie line for a wind project in Wyoming that would connect the Lucky Star wind project to the grid.
At the same time, it appears projects may be given a wider berth if a line has other reasons for existing, like improving resilience on the existing grid, or can be flexibly used by not just renewables but also fossil energy.
So, the lesson to me is that if you’re trying to build transmission infrastructure across federal property under this administration, you might want to be a little more … vague.