The Fight

Sign In or Create an Account.

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

Spotlight

How a Tiny Community Blocked Battery Storage in Over Half of Los Angeles County

Much of California’s biggest county is now off limits to energy storage.

Wildfire and battery storage.
Heatmap Illustration/Getty Images, Library of Congress

Residents of a tiny unincorporated community outside of Los Angeles have trounced a giant battery project in court — and in the process seem to have blocked energy storage projects in more than half of L.A. County, the biggest county in California.

A band of frustrated homeowners and businesses have for years aggressively fought a Hecate battery storage project proposed in Acton, California, a rural unincorporated community of about 7,000 residents, miles east of the L.A. metro area. As I wrote in my first feature for The Fight over a year ago, this effort was largely motivated by concerns about Acton as a high wildfire risk area. Residents worried that in the event of a large fire, a major battery installation would make an already difficult emergency response situation more dangerous. Acton leaders expressly opposed the project in deliberations before L.A. County planning officials, arguing that BESS facilities in general were not allowed under the existing zoning code in unincorporated areas.

On the other side, county officials maintained that the code was silent on battery storage as such, but said that in their view, these projects were comparable to distribution infrastructure from a land use perspective, and therefore would be allowable under the code.

Last week, the residents of Acton won, getting the courts to toss out the county’s 2021 memorandum allowing battery storage facilities in unincorporated areas – which make up more than 65% of L.A. County.

Judge Curtis Kin wrote in his October 14 ruling that “such expansive use of the interpretation runs contrary to the Zoning Code itself,” and that the “exclusion” of permission for battery storage in the code means it isn’t allowed, plain and simple.

“Consequently, respondents and real parties’ reliance on the existence of other interpretive memos and guidance by the [Planning] Director is beside the point,” Kin stated. “There is no dispute the Director has the authority to issue memos and interpretations for Zoning code provisions subject to interpretation, but, as discussed above, such authority cannot be used in such a way as to violate the provisions of the Zoning Code.”

The court also declared the Hecate project approval void and ordered the company to seek permits under the California Environmental Quality Act if it still wants to build. This will halt the project’s development for the foreseeable future. Alene Taber, the attorney representing Acton residents, told me she has received no indication from Hecate’s legal team about whether they will appeal the ruling.

Hecate declined to comment on the outcome.

Taber’s perspective is unique as a self-described “rural rights” attorney who largely represents unincorporated communities with various legal disputes. She told me this ruling demonstrates a serious risk regulators face in moving too fast for a host community, especially given rising opposition to battery storage in California. Since the Moss Landing fire, opposition to storage projects has escalated rapidly across the state – despite profound tech differences between more modern designs proposed today and the antiquated system that burned up in that incident.

I asked Taber if she thought California enacting a new law last week to beef up battery fire safety oversight could stem the tide of concerns about battery storage. In response, she railed against a separate statute giving energy companies – including battery developers – the ability to work around town ordinances and moratoria targeting their industry.

“Even though the county didn’t consider the community input — which it should’ve — the county process at least still allowed for communities to appeal the project. And they’re also at least supposed to consider what the local zoning code said,” Taber told me. “Local communities are now sidelined all together. They’re saying they don’t care what the concerns are. Where’s the consideration for how these projects are now being sited in high fire zones?”

I was unable to reach Los Angeles County officials before press time for The Fight, but it’s worth noting that, amid the battle over Hecate’s approval, L.A. County planning officials began preparing to update their renewable energy ordinance to include battery storage development regulation – an indication they may need new methods to site and build more battery storage. There’s no timeline for when those changes will take place.

Yellow

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
Spotlight

Secrecy Is Backfiring on Data Center Developers

The cloak-and-dagger approach is turning the business into a bogeyman.

A redacted data center.
Heatmap Illustration/Getty Images

It’s time to call it like it is: Many data center developers seem to be moving too fast to build trust in the communities where they’re siting projects.

One of the chief complaints raised by data center opponents across the country is that companies aren’t transparent about their plans, which often becomes the original sin that makes winning debates over energy or water use near-impossible. In too many cases, towns and cities neighboring a proposed data center won’t know who will wind up using the project, either because a tech giant is behind it and keeping plans secret or a real estate firm refuses to disclose to them which company it’ll be sold to.

Keep reading...Show less
Yellow
Hotspots

Missouri Could Be First State to Ban Solar Construction

Plus more of the week’s biggest renewable energy fights.

The United States.
Heatmap Illustration/Getty Images

Cole County, Missouri – The Show Me State may be on the precipice of enacting the first state-wide solar moratorium.

  • GOP legislation backed by Missouri Governor Mike Kehoe would institute a temporary ban on building any utility-scale solar projects in the state until at least the end of 2027, including those currently under construction. It threatens to derail development in a state ranked 12th in the nation for solar capacity growth.
  • The bill is quite broad, appearing to affect all solar projects – as in, going beyond the commercial and utility-scale facility bans we’ve previously covered at the local level. Any project that is under construction on the date of enactment would have to stop until the moratorium is lifted.
  • Under the legislation, the state would then issue rulemakings for specific environmental requirements on “construction, placement, and operation” of solar projects. If the environmental rules aren’t issued by the end of 2027, the ban will be extended indefinitely until such rules are in place.
  • Why might Missouri be the first state to ban solar? Heatmap Pro data indicates a proclivity towards the sort of culture war energy politics that define regions of the country like Missouri that flipped from blue to ruby red in the Trump era. Very few solar projects are being actively opposed in the state but more than 12 counties have some form of restrictive ordinance or ban on renewables or battery storage.

Clark County, Ohio – This county has now voted to oppose Invenergy’s Sloopy Solar facility, passing a resolution of disapproval that usually has at least some influence over state regulator decision-making.

Keep reading...Show less
Yellow
Q&A

Why Environmental Activists Are Shifting Focus to Data Centers

A conversation with Save Our Susquehanna’s Sandy Field.

Sandy Field.
Heatmap Illustration

This week’s conversation is with Sandy Field, leader of the rural Pennsylvania conservation organization Save Our Susquehanna. Field is a climate activist and anti-fossil fuel advocate who has been honored by former vice president Al Gore. Until recently, her primary focus was opposing fracking and plastics manufacturing in her community, which abuts the Susquehanna River. Her focus has shifted lately, however, to the boom in data center development.

I reached out to Field because I’ve been quite interested in better understanding how data centers may be seen by climate-conscious conservation advocates. Our conversation led me to a crucial conclusion: Areas with historic energy development are rife with opposition to new tech infrastructure. It will require legwork for data centers – or renewable energy projects, for that matter – to ever win support in places still reeling from legacies of petroleum pollution.

Keep reading...Show less
Yellow