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

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.
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A conversation with Dustin Mulvaney of San Jose State University
This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.
Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?
A couple things are going on. Monterey Bay is surrounded by Monterey County and Santa Cruz County and both are considering ordinances around battery storage. That’s different than a ban – important. You can have an ordinance that helps facilitate storage. Some people here are very focused on climate change issues and the grid, because here in Santa Cruz County we’re at a terminal point where there really is no renewable energy, so we have to have battery storage. And like, in Santa Cruz County the ordinance would be for unincorporated areas – I’m not sure how materially that would impact things. There’s one storage project in Watsonville near Moss Landing, and the ordinance wouldn’t even impact that. Even in Monterey County, the idea is to issue a moratorium and again, that’s in unincorporated areas, too.
It’s important to say how important battery storage is going to be for the coastal areas. That’s where you see the opposition, but all of our renewables are trapped in southern California and we have a bottleneck that moves power up and down the state. If California doesn’t get offshore wind or wind from Wyoming into the northern part of the state, we’re relying on batteries to get that part of the grid decarbonized.
In the areas of California where batteries are being opposed, who is supporting them and fighting against the protests? I mean, aside from the developers and an occasional climate activist.
The state has been strongly supporting the industry. Lawmakers in the state have been really behind energy storage and keeping things headed in that direction of more deployment. Other than that, I think you’re right to point out there’s not local advocates saying, “We need more battery storage.” It tends to come from Sacramento. I’m not sure you’d see local folks in energy siting usually, but I think it’s also because we are still actually deploying battery storage in some areas of the state. If we were having even more trouble, maybe we’d have more advocacy for development in response.
Has the Moss Landing incident impacted renewable energy development in California? I’ve seen some references to fears about that incident crop up in fights over solar in Imperial County, for example, which I know has been coveted for development.
Everywhere there’s batteries, people are pointing at Moss Landing and asking how people will deal with fires. I don’t know how powerful the arguments are in California, but I see it in almost every single renewable project that has a battery.
Okay, then what do you think the next phase of this is? Are we just going to be trapped in a battery fire fear cycle, or do you think this backlash will evolve?
We’re starting to see it play out here with the state opt-in process where developers can seek state approval to build without local approval. As this situation after Moss Landing has played out, more battery developers have wound up in the opt-in process. So what we’ll see is more battery developers try to get permission from the state as opposed to local officials.
There are some trade-offs with that. But there are benefits in having more resources to help make the decisions. The state will have more expertise in emergency response, for example, whereas every local jurisdiction has to educate themselves. But no matter what I think they’ll be pursuing the opt-in process – there’s nothing local governments can really do to stop them with that.
Part of what we’re seeing though is, you have to have a community benefit agreement in place for the project to advance under the California Environmental Quality Act. The state has been pretty strict about that, and that’s the one thing local folks could still do – influence whether a developer can get a community benefits agreement with representatives on the ground. That’s the one strategy local folks who want to push back on a battery could use, block those agreements. Other than that, I think some counties here in California may not have much resistance. They need the revenue and see these as economic opportunities.
I can’t help but hear optimism in your tone of voice here. It seems like in spite of the disaster, development is still moving forward. Do you think California is doing a better or worse job than other states at deploying battery storage and handling the trade offs?
Oh, better. I think the opt-in process looks like a nice balance between taking local authority away over things and the better decision-making that can be brought in. The state creating that program is one way to help encourage renewables and avoid a backlash, honestly, while staying on track with its decarbonization goals.
The week’s most important fights around renewable energy.
1. Nantucket, Massachusetts – A federal court for the first time has granted the Trump administration legal permission to rescind permits given to renewable energy projects.
2. Harvey County, Kansas – The sleeper election result of 2025 happened in the town of Halstead, Kansas, where voters backed a moratorium on battery storage.
3. Cheboygan County, Michigan – A group of landowners is waging a new legal challenge against Michigan’s permitting primacy law, which gives renewables developers a shot at circumventing local restrictions.
4. Klamath County, Oregon – It’s not all bad news today, as this rural Oregon county blessed a very large solar project with permits.
5. Muscatine County, Iowa – To quote DJ Khaled, another one: This county is also advancing a solar farm, eliding a handful of upset neighbors.
John McAuliff ran his campaign almost entirely on data centers — and won.
A former Biden White House climate adviser just won a successful political campaign based on opposing data centers, laying out a blueprint for future candidates to ride frustrations over the projects into seats of power.
On Tuesday John McAuliff, a progressive Democrat, ousted Delegate Geary Higgins, a Republican representing the slightly rural 30th District of Virginia in Loudoun and Fauquier Counties. The district is a mix of rural agricultural communities and suburbs outside of the D.C. metro area – and has been represented by Republicans in the state House of Delegates going back decades. McAuliff reversed that trend, winning a close election with a campaign almost entirely focused on data centers and “protecting” farmland from industrial development.
“I realized that the biggest energy crisis in the country was right here in my backyard,” McAuliff told me in an interview. “We are simply the tip of the iceberg of the enormous land rush AI has created.”
Virginia is the top data center destination in the U.S., with the bulk of operations in tech-centric Northern Virginia. As tech companies have found a home in the Commonwealth, communities have been pushing back against what they see as a drain on electricity and water supplies. As I’ve previously chronicled in The Fight, this pushback is also turning into opposition to renewable energy as part of a broader backlash to land use for advanced technological infrastructure.
Enter McAuliff who, until recently, was serving in key climate policy leadership roles during the Biden administration. He joined the Agriculture Department in 2022 after enactment of the Inflation Reduction Act and helped shepherd the expansion of the Rural Energy for America Program. He began advising the White House on climate policy in 2023 and served in the administration until the start of the current Trump administration.
Other factors contributed to McAuliff’s victory, which was certainly slim – the race was decided by less than a single percentage point. McAuliff undoubtedly benefited from a Democratic wave election in an off year during an unpopular GOP presidency that has slashed federal government employment, shattering the job market in northern Virginia. There’s also the convenient fact that McAuliff's last name is nearly identical to a recent former governor of Virginia.
But it’s impossible to ignore how much McAuliff’s campaign focused on data centers. His website had an entire page dedicated to his positions on the subject. His attack ads against Higgins focused on previous support and campaign contributions from data center developers – so much so that the Republican candidate began countering McAuliff by claiming that a Democratic victory would only lead to new solar projects.
Turns out, in this close race, the data center attacks worked and the solar rebuttal did not. McAuliff told me the day after his victory that the data center attacks resonate because yes, there’s an environmental impact from these projects, but also a “cultural” effect from the fact data centers are large, hulking complexes.
“There’s something folks are more willing to take a look at, and there’s something folks are less likely to look at, electorally speaking,” he said.
Chris Miller, president of the conservationist group Piedmont Environmental Council, told me you can see flickers of evidence that data centers shaped the results of other races in Virginia, too. One example he pointed to was in Prince William County, where Republican Delegate Ian Lovejoy lost his seat to a Democrat who campaigned on stricter scrutiny of the data center sector. Lovejoy also told voters he wanted to address the projects and authored legislation to put some minimum regulation in place on data center siting but it died in subcommittee, and when the House of Delegates passed legislation mirroring his proposal, it was vetoed by outgoing Republican Gov. Glenn Youngkin. This, to Miller, meant Lovejoy had nothing to show voters: “That may have been a factor, because he couldn’t deliver to his constituents.”
I wouldn’t be surprised if these races in Virginia are also turning heads in nearby Washington, D.C. — particularly those of the lawmakers in Congress debating whether to change our country’s permitting processes to meet growing power demand for artificial intelligence. Back home, permitting reform that makes it easier to build data centers could be a tough sell.