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Spotlight

New Lawsuit Threatens Michigan’s Permitting Reform Law

The state’s landmark legislation to overrule local opposition to renewable energy is being challenged by over 70 local jurisdictions.

Michigan’s Anti-NIMBY Law
Heatmap Illustration / Getty Images

The most important legal challenge for the renewables industry in America may have just been filed in Michigan.

On Friday afternoon, about 70 towns and a handful of Michigan counties appealed the rule implementing part of a new renewable energy siting law – PA 233 – providing primary permitting authority to the Michigan Public Services Commission and usurping local approval powers in specific cases, Heatmap can first report. The law was part of a comprehensive permitting package passed last year by the state legislature and seen by climate advocates as a potential model for combatting NIMBYs across the country.

The appeal challenges multiple aspects of the law’s implementation, saying it went beyond statute, as well as the rulemaking procedure itself, claiming it failed to follow proper processes. The lawsuit aims to effectively undo the law going into effect, or at least enjoin what opponents say are the most onerous restrictions on municipalities and county governments.

Some of the places involved in the litigation have solar, wind, or battery storage proposed in their backyards. But while it’s certainly the case that some opponents may just want to stop projects from being built, one of the attorneys behind the litigation – Michael Homier at Michigan law firm Foster Swift – told me the case represents how these laws inflame broader tensions between communities and their governments.

“[Renewables have] to be sited appropriately, because each community has unique priorities and circumstances that relate to them,” Homier said. “I think what it says is that local voices matter and when you try and implement policy on a one-size fits all approach with all of these local communities, they don’t like it.”

Local control laws like Michigan’s exist because, well, climate change is an imperative that calls for rapid action. Delays stemming from dissent at the municipal or county level can totally gum up the works, as we’ve shown you time and time again. Michigan’s no stranger to this problem. Opponents of the Michigan law sought to repeal it via ballot initiative before the lawsuit was filed, but that effort failed, and some ballot petition backers have since gotten a campaign finance complaint.

But it’s important to note these laws feel like shots to the heart of small-d democracy, and the notion of locally-controlled land use planning, too. As these policies become a go-to for anxious Democratic politicians trying to get shovels into the ground to bring down carbon emissions, one should hardly expect towns and counties to take it lying down.

Take Maryland, where legislators have sought to pass bills similar to Michigand’s. Despite the state’s ambitious climate goals, the Maryland Association of Counties has vociferously opposed bills to ban counties and towns from setting ordinances that restrict renewable development and let community-scale solar advance without strenuous local review. Or take New Jersey, where transmission cables for offshore wind may produce similar litigation to what’s in Michigan, testing the constitutionality of the state’s local control law.

In Michigan, it’ll take upwards of a year or two for the case to wind its way through court proceedings. Until then, we’ll pour one out for any developer or climate wonk who thought that the state's stab at “permitting reform” was going to help.

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Spotlight

The Moss Landing Fire Is Radicalizing Battery Foes

From Kansas to Brooklyn, the fire is turning battery skeptics into outright opponents.

Texas battery project.
Heatmap Illustration/Getty Images

The symbol of the American battery backlash can be found in the tiny town of Halstead, Kansas.

Angry residents protesting a large storage project proposed by Boston developer Concurrent LLC have begun brandishing flashy yard signs picturing the Moss Landing battery plant blaze, all while freaking out local officials with their intensity. The modern storage project bears little if any resemblance to the Moss Landing facility, which uses older technology,, but that hasn’t calmed down anxious locals or stopped news stations from replaying footage of the blaze in their coverage of the conflict.

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Hotspots

Trump May Approve Transmission Line for Wind Project

And more on the week’s conflicts around renewable energy.

Map of renewable energy conflicts
Heatmap Illustration

1. Carbon County, Wyoming – I have learned that the Bureau of Land Management is close to approving the environmental review for a transmission line that would connect to BluEarth Renewables’ Lucky Star wind project.

  • This is a huge deal. For the last two months it has seemed like nothing wind-related could be approved by the Trump administration. But that may be about to change.
  • The Bureau of Land Management sent local officials an email March 6 with a draft environmental assessment for the transmission line, which is required for the federal government to approve its right-of-way under the National Environmental Policy Act.
  • According to the draft, the entirety of the wind project itself is sited on private property and “no longer will require access to BLM-administered land.”
  • The email suggests this draft environmental assessment may soon be available for public comment, which is standard practice and required under the law to proceed. BLM’s web page for the transmission line now states an approval granting right-of-way for the transmission line may come as soon as this May.
  • We’ve asked BLM for comment on how this complies with Trump’s executive order ending “new or renewed approvals” and “rights of way” for onshore wind projects. We’ll let you know if we hear back.
  • It’s worth noting, however, that BLM last week did something similar with a transmission line that would go to a solar project proposed entirely on private lands. Could private lands become the workaround du jour under Trump?

2. Nantucket County, Massachusetts – Anti-offshore wind advocates are pushing the Trump administration to rescind air permits issued to Avangrid for New England Wind 1 and 2, the same approval that was ripped away from Atlantic Shores offshore wind farm last Friday.

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Q&A

What’s the Deal with Battery Storage Regulation?

A conversation with Nikhil Kumar of GridLab

Nikhil Kumar, program director at GridLab
Heatmap Illustration

Today’s sit-down is with Nikhil Kumar, a program director at GridLab and an expert in battery storage safety and regulation. Kumar’s folks reached out to me after learning I was writing about Moss Landing and wanted to give his honest and open perspective on how the disaster is impacting the future of storage development in the U.S. Let’s dive in!

The following is an abridged and edited version of our conversation.

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