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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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Solar and wind projects will take the most heat, but the document leaves open the possibility for damage to spread far and wide.
It’s still too soon to know just how damaging the Interior Department’s political review process for renewables permits will be. But my reporting shows there’s no scenario where the blast radius doesn’t hit dozens of projects at least — and it could take down countless more.
Last week, Interior released a memo that I was first to report would stymie permits for renewable energy projects on and off of federal lands by grinding to a halt everything from all rights-of-way decisions to wildlife permits and tribal consultations. At minimum, those actions will need to be vetted on a project-by-project basis by Interior Secretary Doug Burgum and the office of the Interior deputy secretary — a new, still largely undefined process that could tie up final agency actions in red tape and delay.
For the past week, I’ve been chatting with renewables industry representatives and their supporters to get their initial reactions on what this latest blow from the Trump administration will do to their business. The people I spoke with who were involved in development and investment were fearful of being quoted, but the prevailing sense was of near-total uncertainty, including as to how other agencies may respond to such an action from a vital organ of the federal government’s environmental review process.
The order left open the possibility it could also be applied to any number of projects “related to” solar and wind — a potential trip-wire for plans sited entirely on private lands but requiring transmission across Bureau of Land Management property to connect to the grid. Heatmap Pro data shows 96 renewable energy projects that are less than 7 miles away from federal lands, making them more likely to need federal approval for transmission or road needs, and another 47 projects that are a similar distance away from critical wildlife habitat. In case you don’t want to do the math, that’s almost 150 projects that may hypothetically wind up caught in this permitting pause, on top of however many solar and wind projects that are already in its trap.
At least 35 solar projects and three wind projects — Salmon Falls Wind in Idaho and the Jackalope and Maestro projects in Wyoming — are under federal review, according to Interior’s public data. Advocates for renewable energy say these are the projects that will be the most crucial test cases to watch.
“Unfortunately they’ll be the guinea pigs,” said Mariel Lutz, a conservation policy analyst for the Center for American Progress, who today released a report outlining the scale of job losses that could occur in the wind sector under Trump. “The best way to figure out what this means is to have people and projects try or not try various things and see what happens.”
The data available is largely confined to projects under National Environmental Policy Act review, however. In my conversations with petrified developers this past week, it’s abundantly clear no one really knows just how far-reaching these delays may become. Only time will tell.
We’re looking at battles brewing in New York and Ohio, plus there’s a bit of good news in Virginia.
1. Idaho — The LS Power Lava Ridge wind farm is now facing a fresh assault, this time from Congress — and the Trump team now seems to want a nuclear plant there instead.
2. Suffolk County, New York — A massive fish market co-op in the Bronx is now joining the lawsuit to stop Equinor’s offshore Empire Wind project, providing anti-wind activists a powerful new ally in the public square.
3. Madison County, New York — Elsewhere in New York, a solar project upstate seems to be galvanizing opposition to the state’s permitting primacy law.
4. Fairfield County, Ohio — A trench war is now breaking out over National Grid Renewables’ Carnation Solar project, as opponents win a crucial victory at the county level.
5. El Paso County, Colorado — I don’t write about Colorado often, but this situation is an interesting one.
6. St. Joseph County, Indiana — Something interesting is playing out in this county that demonstrates how it can be quite complicated to navigate municipal and county-level permitting.
7. Albemarle County, Virginia — It’s rare I get to tell a positive story about Virginia, but today we have one: It is now easier to build a solar farm in the county home to Charlottesville, one of my personal favorite small cities in our country.
Getting local with Matthew Eisenson of Columbia Law School’s Sabin Center for Climate Change Law.
This week’s conversation is with Matthew Eisenson at Columbia Law School’s Sabin Center for Climate Change Law. Eisenson is a legal expert and pioneer in the field of renewable energy community engagement whose work on litigating in support of solar and wind actually contributed to my interest in diving headlong into this subject after we both were panelists at the Society of Environmental Journalists’ annual conference last year. His team at the Sabin Center recently released a report outlining updates to their national project tracker, which looks at various facility-level conflicts at the local level.
On the eve of that report’s release earlier this month, Eisenson talked to me about what he believes are the best practices that could get more renewable projects over the finish line in municipal permitting fights. Oh — and we talked about Ohio.
The following conversation was lightly edited for clarity. Let’s dive in.
So first of all, walk me through your report. How has the community conflict over renewable energy changed in the U.S. over the past year?
A few things I would highlight. In Ohio, we now have 26 out of 88 counties that have established restricted areas where wind or solar are prohibited. These restrictions are explicitly enabled by the state law, SB 52. I’d also highlight that while the majority of litigation in our database is state-level litigation and contested case administrative proceedings, there are certain types of projects — particularly offshore wind — that have an extremely high prevalence of federal litigation. A majority of federally permitted offshore wind projects have been subject to federal lawsuits. The plaintiffs in these lawsuits have never succeeded on the merits, but they keep filing them and they drive up costs.
In general, as a topline takeaway, [our] report shows more and more of the same.
You personally do quite a bit of legal work on solar and wind permitting battles in the state of Ohio, where as you noted counties are curtailing deployment left and right. What’s your bird’s eye view of the situation in the state right now?
So Ohio has for years had a state-level siting process. The Ohio Power Siting Board reviews all applications for large-scale energy generation facilities, 50 megawatts or larger. The Siting Board has a set of criteria they are required to apply when they are reviewing an application, but basically only one of them seems to matter in deciding whether a project is approved or denied: whether the project serves the public’s convenience and necessity.
We’re seeing that in the majority of proceedings for approvals of large-scale wind and solar projects, there will be groups that intervene in opposition to the project, and often these groups will argue that there is so much local opposition that the project cannot possibly serve the public interest.
The Power Siting Board has been rejecting that argument in important cases recently. The board is still putting substantial weight on whether local governments are supportive or not supportive of a project, but are not rejecting projects just because of a demonstration of local opposition.
Say you’re a developer and you start facing opposition. What is the right legal avenue? How should they do the calculus, so to speak, on how to navigate legal options?
There’s numerous things developers can do. They can work with the local government and community-based groups to work with the local government to craft host community agreements, community benefit agreements — voluntary but binding contracts with the local community where a developer provides benefits; in exchange, community-based groups would agree to support the project, or at least not to oppose it. These can be very helpful and particularly meaningful in places where a local government itself is not in charge of permitting decisions themselves. So in a state like Ohio, if a developer negotiates host benefit agreements with local township governments and then those governments don’t turn around to intervene against a project, those would be extremely helpful.
It’s also important for developers to do community outreach and build a base of local supporters, and get those supporters to turn out at public meetings. Historically opponents of projects are more motivated to show up at a local meeting than supporters, but it’s really not a good look for a project when you have 500 turn out against it and 10 turn out to support.
For years the opponents were very proactive. There would be a proposal for a project in one county in Kansas and a group of opponents in the neighboring county would propose a restrictive ordinance to block future projects — supporters weren’t thinking proactively in the long-term. I think a concentrated effort will produce meaningful results. But they’re behind.