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Conservationists won the last round, but this time the stakes involve new renewables technology.
The future of floating offshore wind in America rests on a feud between YIMBY state officials and a government whistleblower over a bucolic island off the coast of Maine. I have no clue who will win.
Floating offshore wind is Maine’s best bet for wind power in deeper stretches of ocean, far away from beach views, coastal properties, and valuable fishing grounds. The tech — which other countries have tried to deploy but is still unproven at large commercial scale — offers a hypothetical panacea for the sorts of conflicts that often stymie offshore wind, and other states are looking to it as a solution for these thorny issues, including California.
But Maine has chosen to construct its floating offshore wind turbine assembly site at Sears Island, a naturalist tourist destination in Penobscot Bay. Conservationists in New England have fought for a long time to preserve the island, an incredibly biodiverse ecosystem rich with wetlands, from the Maine Department of Transportation, which over decades has attempted to use a section of the island for various forms of infrastructure, including an industrial port.
Now that this longstanding conflict has become intertwined with the cause of carbon reduction, it is pitting an older generation of eco-warriors against a younger breed of climate activists, as well as local unions eager to get in on energy transition jobs. Unfortunately for Maine regulators, one of the old heads opposing this project is Kyla Bennett, a former wetlands permitting staffer at the Environmental Protection Agency who stopped a previous effort by the Maine Department of Transportation to build a port at Sears Island in the 1990s.
At EPA, Bennett determined that constructing the port would’ve been illegal under the Clean Water Act because of the sheer proliferation of obvious wetlands. When political officials interceded and reassigned her to a different job, she blew the whistle on them — and won, winning back her post. The port permits were also denied.
Bennett is now a key organizer for Public Employees for Environmental Responsibility, an organization that represents whistleblowers doing environmental protection work in government. And she’s making it a hobby horse to, again, stop Sears Island from becoming a port — even if it’s in the name of developing technology that could stem the tide of climate change.
“It’s déjà vu. It’s really disturbing to me that it’s back and we have to do this all over again,” she told me.
The facility has to go somewhere because, well, the technicians and researchers need a place to build these turbines, and Maine has claimed that no port existing today on the East Coast fits the precise spacing and resource needs. Habib Dagher, a University of Maine professor who leads the consortium plotting a U.S. offshore wind industry, told me constructing a port for assembly is “critical” to near-term success.
Yet there is another option. Moffat and Nichols, the engineering firm that studied port locations for Maine regulators, did conclude Mack Point, an existing import terminal on the coast of the Penobscot owned by Sprague Energy, would also fit the bill. Sprague is proposing to pay for a large expansion of Mack Point to take this floating offshore wind business off of Sears Island. Not only does it already have existing rail infrastructure and a long history of working in energy and construction but crucially, the engineering firm also found that siting the assembly facility there would shave years off the permitting and construction timetable for making floating offshore wind a reality.
Legally, this alternative matters, and federal regulators will decide who wins this fight. Maine regulators are expected to submit paperwork to begin the permitting process under the National Environmental Policy Act for building the assembly site at Sears Island in the coming weeks. As they do so, they will be required to explain how this plan offers the “least environmentally damaging practicable alternative” under environmental law. And Bennett is confident their claims will not pass muster in court, if not with career EPA staff.
“It cannot be legally permitted,” she confessed. “We will sue them.”
So I sought out to answer this pesky question: Why is Maine trying to build this crucial infrastructure for the energy transition in a place with activist resistance, and where even its own consultants have said the process would take longer?
State regulators, politicians, and supporters of the Sears Island plan have a few reasons. First off, Maine Governor Janet Mills has bemoaned that to use Mack Point would require leasing the property from Sprague, which would mean a recurring cost to taxpayers. There are also size issues — the Maine Department of Transportation claims there simply wouldn’t be enough space at Mack Point for researchers and, eventually, industry to do their work.
“We know there would be environmental impacts at both the Mack Point and Sears Island sites,” Paul Merrill, director of communications for the Maine Department of Transportation, told me in an email Monday evening. “The bottom line is that the port Maine needs simply doesn’t fit at Mack Point. Sprague has a financial interest in development on Mack Point. Our goal is to develop a port that is in the best interest of the public.”
Merrill did acknowledge the new proposal for Sears Island would be located on “the same part of the island that was discussed for development in the 1990s.”
Sprague denies the logistical issues with building the port at Mack Point and told me issues Maine regulators are easily resolved. The company has begun campaigning to win key stakeholders to its side, publishing op-eds and meeting with environmental advocates. On September 12, Sierra Club’s Maine chapter hosted a virtual event with a Sprague executive, Jim Theriault, about how the port selection “needs to be considered carefully.” When I spoke to Theriault this week, he told me that Sierra Club members were asking the same question I was.
“At the end of the day, we’d be reusing an industrial site, and we’d relocate what we do to other parts of the terminal,” he said. “I’ll make myself available to anybody that wants to talk.”
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The Trump administration is now being lobbied to nix offshore wind projects already under construction.
Anti-wind activists have joined with well-connected figures in conservative legal and energy circles to privately lobby the Trump administration to undo permitting decisions by the National Oceanic and Atmospheric Administration, according to documents obtained by Heatmap.
Representatives of conservative think tanks and legal nonprofits — including the Caesar Rodney Institute, the Heartland Institute and Committee for a Constructive Tomorrow, or CFACT — sent a letter to Interior Secretary Doug Burgum dated February 11 requesting that the Trump administration “immediately revoke” letters from NOAA to 11 offshore wind projects authorizing “incidental takes,” a term of regulatory art referencing accidental and permissible harassment, injury, or potential deaths under federal endangered species and mammal protection laws. The letter lays out a number of perceived issues with how those approvals have historically been issued for offshore wind companies and claims the government has improperly analyzed the cumulative effects of adding offshore wind to the ocean’s existing industrialization. NOAA oversees marine species protection.
The letter also requested “an immediate cession of construction” at four offshore wind projects with federal approvals that have begun construction: Dominion Energy’s Coastal Virginia offshore wind project, Copenhagen Infrastructure Partners’ Vineyard Wind 1, and Ørsted’s Revolution Wind and Sunrise Wind projects.
“It is with a sense of real urgency we write you today,” the letter states, referencing Trump’s executive order targeting the offshore wind industry to ask that he go further. “[E]leven projects have already received approvals with four of those under construction. Leasing and permitting will be reviewed for these approved projects but may take time.”
I obtained the letter from Paul Kamenar, a longtime attorney in conservative legal circles currently with the D.C.-based National Legal and Policy Center, who told me the letter had been sent to the department this week. Kamenar is one of multiple attorneys involved in a lawsuit filed last year by Heartland and CFACT challenging permits for Dominion’s Coastal Virginia project over alleged potential impacts to the endangered North Atlantic right whale. We reported earlier this week that the government signaled in proceedings for that case it will review approvals for Coastal Virginia, the first indication that previous permits issued for offshore wind could be vulnerable to the Trump effect.
Kamenar described the request to Burgum as “a coalition letter,” and told me that “the new secretary there is sympathetic” to their complaints about offshore wind permits. “We’re hoping that this letter will basically reverse the letter[s] of authorizations, or have the agency go back,” Kamenar said, adding a message for Dominion and other developers implicated by the letter: “Just because the company has the approval doesn’t mean it’s all systems go.”
The Interior Department does not directly oversee NOAA – that’s the Commerce Department. But it does control the Bureau of Ocean Energy Management, which ultimately regulates all offshore wind development and issues final approvals.
Interior did not immediately respond to a request for comment on the letter.
Some signees of the document are part of a constellation of influential figures in the anti-renewables movement whose voices have been magnified in the new administration.
One of the letter’s two lead signatories is David Stevenson, director of the Center for Energy and Environmental Policy at the Caesar Rodney Institute, an organization involved in legal battles against offshore wind projects under development in the Mid-Atlantic. The Institute says on its website it is a member of the State Policy Network, a broad constellation of think tanks, legal advocacy groups, and nonprofits.
Multiple activists who signed onto the letter work with the Save Right Whales Coalition, a network of local organizations and activists. Coalition members have appeared with Republican lawmakers at field hearings and rallies over the past few years attacking offshore wind. They became especially influential in GOP politics after being featured in a film by outspoken renewables critic and famous liberal-turned-conservative Michael Shellenberger, who is himself involved in the Coalition. His film, Thrown to the Wind, blew up in right-wing media circles because it claimed to correlate whale deaths with offshore wind development.
When asked if the Coalition was formally involved in this request of the administration, Lisa Linowes, a co-founder of the Coalition, replied in an email: “The Coalition was not a signer of the request.”
One cosigner sure to turn heads: John Droz, a pioneer in the anti-wind activist movement who for years has given talks and offered roadmaps on how best to stop renewables projects.
The letter also includes an endorsement from Mandy Davis, who was involved with the draft anti-wind executive order we told you was sent to the Trump transition team before inauguration. CFACT also co-signed that draft order when it was transmitted to the transition team, according to correspondence reviewed by Heatmap.
Most of the signatories to the letter list their locations. Many of the individuals unrelated to bigger organizations list their locations as in Delaware or Maryland. Only a few signatories on the letter have locations in other states dealing with offshore wind projects.
On its face, this letter represents a new stage of Trump’s war on offshore wind.
Yes, he has frozen leasing, along with most permitting activity and even public meetings related to pending projects. But the president’s executive order targeting offshore wind opened the door to rescinding leases and previous permits. Doing so would produce new, costly legal battles for developers and for publicly-regulated utilities, ratepayers. Over the past few weeks, offshore wind developers with projects that got their permits under Biden have sought to reassure investors that at least they’ll be fine.
If this new request is heeded, that calm will subside.
Beyond that, reversing these authorizations could represent a scandal for scientific integrity at NOAA – or at least NOAA’s Fisheries division, the National Marine Fisheries Service. Heeding the letter’s requests would mean revisiting the findings of career scientists for what developers may argue are purely political reasons, or at minimum arbitrary ones.
This wouldn’t be the first time something like this has happened under Trump. In 2020, I used public records to prove that plans by career NOAA Fisheries employees to protect endangered whales from oil and gas exploration in the Atlantic were watered down after a political review. At the time, Democratic Representative Jared Huffman — now the top Democrat on the House Natural Resources Committee — told me that my reporting was evidence of potential scientific integrity issues at NOAA and represented “blatant scientific and environmental malpractice at the highest order.”
It’s worth emphasizing how much this mattered, not just for science but literally in court, as the decision to allow more seismic testing for oil under Trump was challenged at the time on the grounds that it was made arbitrarily.
Peter Corkeron, a former NOAA scientist with expertise researching the North Atlantic right whale, reviewed the letter to Burgum and told me in an email that essentially, the anti-offshore wind movement is exploiting similar arguments made by conservationists about issues with the federal government’s protection of the species to target this sector. The federal regulator has for many years faced the ire of conservation activists, who’ve said it does not go far enough to protect endangered species from more longstanding threats like fishing and vessel strikes.
If NOAA were to bow to this request, Corkeron wrote, he would interpret that as the agency’s failure to fully protect the species in good faith instead becoming “suborned by the hydrocarbon exploitation industry as a way of eliminating a competing form of energy production that should, in time, prove more beneficial for whales than what we’re currently doing.”
“The point on cumulative impacts is, on face value, fair,” he said. “The problem is its lack of context. Cumulative impacts on North Atlantic right whales from offshore wind are possible. However, in the context of the cumulative impacts of the shipping (vessel strike kills, noise pollution), and fishing (death, maiming, failure to breed) industries, they’ll be insignificant. Because NOAA has never clearly set out to address ways to offset other impacts while developing the offshore wind industry, these additive impacts place a burden on this new industry in ways that existing, and more damaging, industries don’t have to address.”
CFACT responded to a request for comment by sending me a press release with the letter attached that was not publicly available, and did not respond to the climate criticisms by press time. David Stevenson of the Caesar Rodney Institute sent me a statement criticizing offshore wind energy and questioning its ability to “lower global emissions.”
“The goal is to pause construction until everything is reviewed,” Stevenson said. When asked if there was an outcome where a review led to projects being built, he said no, calling offshore wind an “environmental wrecking ball.”
Well, we’ll soon find out what the real wrecking ball is.
And more of the week’s biggest conflicts around renewable energy.
1. Monterey County, California – The Moss Landing battery fire is now the big renewables PR crisis we should all be watching, even with Trump 2.0 going on.
2. Portage County, Wisconsin – Doral Renewables’ Vista Sands solar project is facing a prolonged legal fight with the Wisconsin Wildlife Federation, a state outdoor recreation and wildlife advocacy group. At the center of the conflict is a bird that’s long bedeviled developers of all stripes: the greater prairie chicken.
3. Santa Fe County, New Mexico – Energy developer AES got a green light for its Rancho Viejo solar-plus-battery project, prevailing for now over an organized opposition campaign.
Here’s what else I’m watching…
In New York, a NineDot BESS project is the latest scene of the Staten Island battery backlash, while Yonkers extended its battery moratorium.
In Indiana, one county — Pulaski — has moved forward with plans to ban BESS, even though, according to media reports, no projects are proposed there.
In Ohio, tempers remain hot over Open Road Renewables’ Grange Solar project, which will face an Ohio Power Siting Board public comment meeting next month.
In North Carolina, a NextEra utility-scale solar project was approved by county regulators, but …
In Oklahoma, a different NextEra utility-scale solar project was rejected by county regulators.
In Wyoming, one county board of commissioners apparently gave EG Haystack Solar, the developer behind a proposed large-scale solar farm, an absolute grilling over a project it wound up rejecting. Read the full account here.
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A look at the biggest news around renewable energy policy this week.
1. The anti-renewable locavore – Republican lawmakers are aiming to empower localities to block renewables projects, a similar scene to what’s played out in Ohio, where state legislators gave towns the power to have a final word on development instead of state-led entities.
2. Sgamma thoughts – Trump selected Kathleen Sgamma, head of the pro-oil Western Energy Alliance, to head the Bureau of Land Management. What does this mean for renewables developers? It’s hard to tell because so much of her time was spent on a single mission: liberating as much oil from the ground as possible.
3. Contract law challenge – The Trump administration’s funding freezes are challenging the foundations of the compact between private industry and contracted government services. If you haven’t read it yet, I implore you to scroll through my colleague Robinson Meyer’s new article on the issue.
Here’s what else I’m watching…
In California, Democratic legislators have introduced a bill that would ensure the state keeps studying offshore wind port infrastructure despite Trump’s permitting freeze.
In Maryland, lawmakers are trying to move permitting legislation under the banner of lowering utility bills.