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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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New York City may very well be the epicenter of this particular fight.
It’s official: the Moss Landing battery fire has galvanized a gigantic pipeline of opposition to energy storage systems across the country.
As I’ve chronicled extensively throughout this year, Moss Landing was a technological outlier that used outdated battery technology. But the January incident played into existing fears and anxieties across the U.S. about the dangers of large battery fires generally, latent from years of e-scooters and cellphones ablaze from faulty lithium-ion tech. Concerned residents fighting projects in their backyards have successfully seized upon the fact that there’s no known way to quickly extinguish big fires at energy storage sites, and are winning particularly in wildfire-prone areas.
How successful was Moss Landing at enlivening opponents of energy storage? Since the California disaster six months ago, more than 6 gigawatts of BESS has received opposition from activists explicitly tying their campaigns to the incident, Heatmap Pro® researcher Charlie Clynes told me in an interview earlier this month.
Matt Eisenson of Columbia University’s Sabin Center for Climate Law agreed that there’s been a spike in opposition, telling me that we are currently seeing “more instances of opposition to battery storage than we have in past years.” And while Eisenson said he couldn’t speak to the impacts of the fire specifically on that rise, he acknowledged that the disaster set “a harmful precedent” at the same time “battery storage is becoming much more present.”
“The type of fire that occurred there is unlikely to occur with modern technology, but the Moss Landing example [now] tends to come up across the country,” Eisenson said.
Some of the fresh opposition is in rural agricultural communities such as Grundy County, Illinois, which just banned energy storage systems indefinitely “until the science is settled.” But the most crucial place to watch seems to be New York City, for two reasons: One, it’s where a lot of energy storage is being developed all at once; and two, it has a hyper-saturated media market where criticism can receive more national media attention than it would in other parts of the country.
Someone who’s felt this pressure firsthand is Nick Lombardi, senior vice president of project development for battery storage company NineDot Energy. NineDot and other battery storage developers had spent years laying the groundwork in New York City to build out the energy storage necessary for the city to meet its net-zero climate goals. More recently they’ve faced crowds of protestors against a battery storage facility in Queens, and in Staten Island endured hecklers at public meetings.
“We’ve been developing projects in New York City for a few years now, and for a long time we didn’t run into opposition to our projects or really any sort of meaningful negative coverage in the press. All of that really changed about six months ago,” Lombardi said.
The battery storage developer insists that opposition to the technology is not popular and represents a fringe group. Lombardi told me that the company has more than 50 battery storage sites in development across New York City, and only faced “durable opposition” at “three or four sites.” The company also told me it has yet to receive the kind of email complaint flood that would demonstrate widespread opposition.
This is visible in the politicians who’ve picked up the anti-BESS mantle: GOP mayoral candidate Curtis Sliwa’s become a champion for the cause, but mayor Eric Adams’ “City of Yes” campaign itself would provide for the construction of these facilities. (While Democratic mayoral nominee Zohran Mamdani has not focused on BESS, it’s quite unlikely the climate hawkish democratic socialist would try to derail these projects.)
Lombardi told me he now views Moss Landing as a “catalyst” for opposition in the NYC metro area. “Suddenly there’s national headlines about what’s happening,” he told me. “There were incidents in the past that were in the news, but Moss Landing was headline news for a while, and that combined with the fact people knew it was happening in their city combined to create a new level of awareness.”
He added that six months after the blaze, it feels like developers in the city have a better handle on the situation. “We’ve spent a lot of time in reaction to that to make sure we’re organized and making sure we’re in contact with elected officials, community officials, [and] coordinated with utilities,” Lombardi said.
And more on the biggest conflicts around renewable energy projects in Kentucky, Ohio, and Maryland.
1. St. Croix County, Wisconsin - Solar opponents in this county see themselves as the front line in the fight over Trump’s “Big Beautiful” law and its repeal of Inflation Reduction Act tax credits.
2. Barren County, Kentucky - How much wood could a Wood Duck solar farm chuck if it didn’t get approved in the first place? We may be about to find out.
3. Iberia Parish, Louisiana - Another potential proxy battle over IRA tax credits is going down in Louisiana, where residents are calling to extend a solar moratorium that is about to expire so projects can’t start construction.
4. Baltimore County, Maryland – The fight over a transmission line in Maryland could have lasting impacts for renewable energy across the country.
5. Worcester County, Maryland – Elsewhere in Maryland, the MarWin offshore wind project appears to have landed in the crosshairs of Trump’s Environmental Protection Agency.
6. Clark County, Ohio - Consider me wishing Invenergy good luck getting a new solar farm permitted in Ohio.
7. Searcy County, Arkansas - An anti-wind state legislator has gone and posted a slide deck that RWE provided to county officials, ginning up fresh uproar against potential wind development.
Talking local development moratoria with Heatmap’s own Charlie Clynes.
This week’s conversation is special: I chatted with Charlie Clynes, Heatmap Pro®’s very own in-house researcher. Charlie just released a herculean project tracking all of the nation’s county-level moratoria and restrictive ordinances attacking renewable energy. The conclusion? Essentially a fifth of the country is now either closed off to solar and wind entirely or much harder to build. I decided to chat with him about the work so you could hear about why it’s an important report you should most definitely read.
The following chat was lightly edited for clarity. Let’s dive in.
Tell me about the project you embarked on here.
Heatmap’s research team set out last June to call every county in the United States that had zoning authority, and we asked them if they’ve passed ordinances to restrict renewable energy, or if they have renewable energy projects in their communities that have been opposed. There’s specific criteria we’ve used to determine if an ordinance is restrictive, but by and large, it’s pretty easy to tell once a county sends you an ordinance if it is going to restrict development or not.
The vast majority of counties responded, and this has been a process that’s allowed us to gather an extraordinary amount of data about whether counties have been restricting wind, solar and other renewables. The topline conclusion is that restrictions are much worse than previously accounted for. I mean, 605 counties now have some type of restriction on renewable energy — setbacks that make it really hard to build wind or solar, moratoriums that outright ban wind and solar. Then there’s 182 municipality laws where counties don’t have zoning jurisdiction.
We’re seeing this pretty much everywhere throughout the country. No place is safe except for states who put in laws preventing jurisdictions from passing restrictions — and even then, renewable energy companies are facing uphill battles in getting to a point in the process where the state will step in and overrule a county restriction. It’s bad.
Getting into the nitty-gritty, what has changed in the past few years? We’ve known these numbers were increasing, but what do you think accounts for the status we’re in now?
One is we’re seeing a high number of renewables coming into communities. But I think attitudes started changing too, especially in places that have been fairly saturated with renewable energy like Virginia, where solar’s been a presence for more than a decade now. There have been enough projects where people have bad experiences that color their opinion of the industry as a whole.
There’s also a few narratives that have taken shape. One is this idea solar is eating up prime farmland, or that it’ll erode the rural character of that area. Another big one is the environment, especially with wind on bird deaths, even though the number of birds killed by wind sounds big until you compare it to other sources.
There are so many developers and so many projects in so many places of the world that there are examples where either something goes wrong with a project or a developer doesn’t follow best practices. I think those have a lot more staying power in the public perception of renewable energy than the many successful projects that go without a hiccup and don’t bother people.
Are people saying no outright to renewable energy? Or is this saying yes with some form of reasonable restrictions?
It depends on where you look and how much solar there is in a community.
One thing I’ve seen in Virginia, for example, is counties setting caps on the total acreage solar can occupy, and those will be only 20 acres above the solar already built, so it’s effectively blocking solar. In places that are more sparsely populated, you tend to see restrictive setbacks that have the effect of outright banning wind — mile-long setbacks are often insurmountable for developers. Or there’ll be regulations to constrict the scale of a project quite a bit but don’t ban the technologies outright.
What in your research gives you hope?
States that have administrations determined to build out renewables have started to override these local restrictions: Michigan, Illinois, Washington, California, a few others. This is almost certainly going to have an impact.
I think the other thing is there are places in red states that have had very good experiences with renewable energy by and large. Texas, despite having the most wind generation in the nation, has not seen nearly as much opposition to wind, solar, and battery storage. It’s owing to the fact people in Texas generally are inclined to support energy projects in general and have seen wind and solar bring money into these small communities that otherwise wouldn’t get a lot of attention.