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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.

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Q&A

How Has the Rise of AI Changed the Odds of a Permitting Deal?

Catching up with the American Council on Renewable Energy’s Ray Long.

Ray Long.
Heatmap Illustration/Getty Images

Today’s chat is with Ray Long, CEO of the American Council on Renewable Energy. We first discussed the odds of permitting reform a year and a half ago, for one of the first Q&As in The Fight. Flash forward and we’re still in the same situation, but now also wrestling with added demand for electricity to power data centers. I wanted to talk again about whether he thought the rise of artificial intelligence would increase the odds of some federal deal happening any time soon. The result: a wide-reaching conversation about the future of the electric grid, the struggles to win community buy-in and the sclerotic nature of the U.S. Congress.

The following conversation was lightly edited for clarity.

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Hotspots

Ohio Is Waging a Multi-Front Assault Against Data Centers

Plus more of week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Ohio — This state might just be the most important flashpoint in the national fight over advanced energy and tech infrastructure.

  • Ohio is now home to one of the fiercest retaliatory strikes against the data center sector from a statewide elected Republican. Last week, Governor Mike DeWine said he was pausing access to the state’s tax exemption request program for all data centers (sans two projects that squeaked in under the wire).
  • In the state legislature, a new select committee on data center development got an earful from aggrieved anti-data center voices this week at their only hearing for public comment. Legislation and regulation feels all but inevitable. As lawmakers debate potential legislation, grassroots organizers opposed to development are gathering signatures in hope of landing a moratorium vote on the ballot this November.
  • Meanwhile, the state Supreme Court struck down permits for the biggest solar project in the state: Oak Run, a large agri-voltaics project backed by a Shell subsidiary.
  • As I previously wrote, the court challenge against Oak Run was a potential harbinger of the extent local opposition would be considered a proxy for “the public interest,” a legal term of art crucial to state energy and power permitting.
  • In a decision overruling the Ohio Power Siting Board, justices wrote the board’s “rationale” on this public interest question “misses the mark” because it failed to include photos or sketches addressing visual concerns raised by locals. The board will now have to reconsider Oak Run and compel new analysis specific to surrounding sightlines.
  • Conflict over large industrial development in Ohio was eminently predictable. Heatmap’s polling and modeling has consistently shown an Obama-Trump voting flip like the one Ohio landed in 2016 as a predictor for potential opposition to building renewable energy. Same goes for the fight over development on farmland — and Ohio is flush with prospective ag property. Knowing renewables-hostile areas are harder for data centers, this would be a likely no-go zone for developers if it wasn’t for existing fiber-optic cable networks.

2. Laramie County, Wyoming — The Cowboy State’s capital city is one of the few to reject a data center moratorium. But tech companies. don’t get your hopes up too high.

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Spotlight

Most Americans Want a National Data Center Moratorium

Politicians, take note.

Data center protesters.
Heatmap Illustration/Getty Images

The national AI data center moratorium has momentum.

As I’ve been documenting for months here at The Fight, data center opposition is surging across the country. Our latest Heatmap Pro poll puts some very hard numbers behind that picture. More than 7 in 10 Americans oppose new data center construction near where they live, up from just over 4 in 10 last fall. Part of what’s driving that opposition: More than half of respondents hold data centers largely responsible for rising electricity prices, and nearly half are pessimistic about the effect artificial intelligence will have on their lives.

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