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Permitting delays and missed deadlines are bedeviling solar developers and activist groups alike. What’s going on?
It’s no longer possible to say the Trump administration is moving solar projects along as one of the nation’s largest solar farms is being quietly delayed and even observers fighting the project aren’t sure why.
Months ago, it looked like Trump was going to start greenlighting large-scale solar with an emphasis out West. Agency spokespeople told me Trump’s 60-day pause on permitting solar projects had been lifted and then the Bureau of Land Management formally approved its first utility-scale project under this administration, Leeward Renewable Energy’s Elisabeth solar project in Arizona, and BLM also unveiled other solar projects it “reasonably” expected would be developed in the area surrounding Elisabeth.
But the biggest indicator of Trump’s thinking on solar out west was Esmeralda 7, a compilation of solar project proposals in western Nevada from NextEra, Invenergy, Arevia, ConnectGen, and other developers that would, if constructed, produce at least 6 gigawatts of power. My colleague Matthew Zeitlin was first to report that BLM officials updated the timetable for fully permitting the expansive project to say it would complete its environmental review by late April and be completely finished with the federal bureaucratic process by mid-July. BLM told Matthew that the final environmental impact statement – the official study completing the environmental review – would be published “in the coming days or week or so.”
More than two months later, it’s crickets from BLM on Esmeralda 7. BLM never released the study that its website as of today still says should’ve come out in late April. I asked BLM for comment on this and a spokesperson simply told me the agency “does not have any updates to share on this project at this time.”
This state of quiet stasis is not unique to Esmeralda; for example, Leeward has yet to receive a final environmental impact statement for its 700 mega-watt Copper Rays solar project in Nevada’s Pahrump Valley that BLM records state was to be published in early May. Earlier this month, BLM updated the project timeline for another Nevada solar project – EDF’s Bonanza – to say it would come out imminently, too, but nothing’s been released.
Delays happen in the federal government and timelines aren’t always met. But on its face, it is hard for stakeholders I speak with out in Nevada to take these months-long stutters as simply good faith bureaucratic hold-ups. And it’s even making work fighting solar for activists out in the desert much more confusing.
For Shaaron Netherton, executive director of the conservation group Friends of the Nevada Wilderness, these solar project permitting delays mean an uncertain future. Friends of the Nevada Wilderness is a volunteer group of ecology protection activists that is opposing Esmeralda 7 and filed its first lawsuit against Greenlink West, a transmission project that will connect the massive solar constellation to the energy grid. Netherton told me her group may sue against the approval of Esmeralda 7… but that the next phase of their battle against the project is a hazy unknown.
“It’s just kind of a black hole,” she told me of the Esmeralda 7 permitting process. “We will litigate Esmeralda 7 if we have to, and we were hoping that with this administration there would be a little bit of a pause. There may be. That’s still up in the air.”
I’d like to note that Netherton’s organization has different reasons for opposition than I normally write about in The Fight. Instead of concerns about property values or conspiracies about battery fires, her organization and a multitude of other desert ecosystem advocates are trying to avoid a future where large industries of any type harm or damage one of the nation’s most biodiverse and undeveloped areas.
This concern for nature has historically motivated environmental activism. But it’s also precisely the sort of advocacy that Trump officials have opposed tooth-and-nail, dating back to the president’s previous term, when advocates successfully opposed his rewrite of Endangered Species Act regulations. This reason – a motivation to hippie-punch, so to speak – is a reason why I hardly expect species protection to be enough of a concern to stop solar projects in their tracks under Trump, at least for now. There’s also the whole “energy dominance” thing, though Trump has been wishy-washy on adhering to that goal.
Patrick Donnelly, great basin director at the Center for Biological Diversity, agrees that this is a period of confusion but not necessarily an end to solar permitting on BLM land.
“[Solar] is moving a lot slower than it was six months ago, when it was coming at a breakneck pace,” said Patrick Donnelly of the Center for Biological Diversity. “How much of that is ideological versus 15-20% of the agencies taking early retirement and utter chaos inside the agencies? I’m not sure. But my feeling is it’s less ideological. I really don’t think Trump’s going to just start saying no to these energy projects.”
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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.