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Spotlight

The Grudge Match Over Maine’s Plans for Offshore Wind

Conservationists won the last round, but this time the stakes involve new renewables technology.

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Maine map.
Maine Department of Transportation / Heatmap

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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Q&A

GoodPower Is Sussing Out What People Actually Want from Data Centers

Talking with Leah Qusba, the CEO of GoodPower.

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Leah Qusba.
Heatmap Illustration

This week’s conversation is with Leah Qusba, CEO of GoodPower, which recently released a survey experiment you need to read. Conducted with Data for Progress, the project, published Monday, takes a unique approach to asking people why they opposed data centers for artificial intelligence and whether constructing renewable energy instead of gas power moves the needle at all in their support for AI infrastructure near them. Instead of just asking polling questions, they posed various hypothetical project designs to people — and the results were eye-popping. Turning to solar instead of gas? Might not be a panacea for gaining approval at the local level. Protecting electricity rates from going sky-high? Now that’s a way to get buy-in.

The following conversation was lightly edited for clarity.

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Hotspots

A First-Of-Its-Kind State of Emergency — Over a Permitting Pause

And more of the week’s top fights around development.

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The United States.
Heatmap Illustration/Getty Images

1. Umatilla County, Oregon – A small town in Oregon this week declared a state of emergency over fears that a statewide pause on data center permits will harm its economy.

  • Five of the six people on the Umatilla city council voted to adopt a resolution formally calling for a state of emergency “due to the threat of widespread financial loss.” Umatilla City Manager Dave Stockdale told the council before the vote that the data center pause enacted by Governor Tina Kotek puts millions in tax revenue at risk. Other city staffers told the council that current budget reserves are healthy, but this could complicate a bond for a new police station and delay executing their city’s master plan.
  • Umatilla is home to more than 20 data center projects currently operating or under development, equal to roughly one-fifth of the state’s data center sector. Oregon law expressly grants cities and towns permission to declare a state of emergency over “financial loss.” And the Umatilla resolution is a clear legal threat; its text calls for “immediate reconsideration” of Governor Kotek’s directive pausing data center permits and “authorizes the city manager to coordinate with affected governments and legal counsel to pursue appropriate administrative and judicial remedies.”
  • To the best of our knowledge, this is the first time a municipal government has threatened legal action or declared a state of emergency over a state-wide permitting pause against data center development. It goes to show that what comes around goes around.

2. Saratoga County, New York – Is Trump’s country music superstar-turned-power-project combatant John Rich preparing to debut a new song about solar farms, or something more?

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Spotlight

The Most Important Data Center Election You’ve Never Heard Of

The race for the top job in McCracken County, Kentucky, might hinge on the importance of a community benefit agreement.

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Paducah, Kentucky figures.
Heatmap Illustration/Library of Congress, U.S. Department of Energy

An election-season battle is brewing over what could be the nation’s first massive data center operating on federal land. And you almost certainly have never heard of it.

Come with me to McCracken County, Kentucky, just outside its largest city, Paducah, where the Energy Department is allowing new development at a large brownfield property. First constructed in the 1950s, the Paducah Gaseous Diffusion Plant was once the country’s only uranium enrichment facility, but it closed in 2010. Since then, and after years of cleanup, Paducah city officials and the McCracken County government have sought to revitalize and reindustrialize the site.

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