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Spotlight

Is the California Battery Fire an East Palestine Moment?

Moss Landing is turning into a growing problem for the energy storage industry.

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Moss Landing in the crosshairs.
Heatmap Pro/Getty Images

The Moss Landing battery fire now may be the storage industry’s East Palestine moment – at least in California.

In the weeks since Vistra’s battery plant south of San Francisco caught fire on January 16, at least two lawsuits have been filed against Vistra, PG&E, and battery manufacturer LG Chem by people and business owners claiming damages from the blaze. I have learned at least one more will be filed by individuals who’ve conducted headline-grabbing soil samples that found toxic metals.

Meanwhile, towns and counties up and down the California coastline have banned new battery storage projects and requested more control from the state over permitting and operating them.

At the granular level, circumstances look even more tense. Santa Barbara County this week voted to proactively plan for the potential enactment of legislation before the California state assembly that would let localities be the decider on battery storage, instead of state authorities. The bill is scheduled for its first hearing in the assembly’s utility committee in early April. County officials voted to act essentially like it will become the law of the land, despite testimony from local community services staff noting how unique the Moss Landing event was.

What was especially stark to me: Robert Shaw – CEO of local utility Central Coast Community Energy – spoke before the supervisors and made it clear lots of additional storage would be required for the company to meet its 2030 climate commitments. He explained that storage has to be close to where the energy load is in order to avoid costly transmission lines, telling the board that “in order to operate, they’ve got to add reliability to the grid – but they’ve also got to be affordable.”

Now, today, we’re expecting new regulations arising from California’s battery fire fears: the Public Utilities Commission will vote to adopt proposed recommendations for battery storage siting requirements. This will include requirements for emergency response and action plans after battery fires and new standards for safe operation. A vote to adopt these recommendations is scheduled later this afternoon and advocates in California tell me they anticipate no hiccups.

So why such a profound local revolt? How did California rapidly deploy battery storage only to veer into possibly emboldening local control, which certainly may make residents feel better but would also stall the pace of the energy transition?

I’ve spent the last week looking into it and the simplest explanation is this: Moss Landing still feels like a disaster zone. Residents miles away from where the blaze occurred are suffering mysterious illnesses, like random bloody noses and headaches, and medical issues they suspect is related to the fire, such as a random metallic taste. I’ve seen the pictures of skin that looks burned and heard the voices of people who say they no longer have most of their voice after inhaling airborne substances after the event. Locals are routinely posting online about how they’re extremely disappointed with the government’s response, especially state and federal officials, and at the end of the day, no matter the cause, word of such profound and lasting suffering can spread across the internet like, well, a wildfire.

The industry also clearly believes opposition is growing because of misunderstandings about how Moss Landing was a singular incident – most battery storage sites are outdoors and use battery chemistries that offer less risk of a “thermal runaway” event, which is the term of art used to describe the uncontrolled fire spread that can occur at a battery storage site.

Renewables trade group American Clean Power gathered media last week for a virtual briefing to discuss battery safety, during which the group’s vice president of energy storage Noah Roberts sought to reassure the public and said the organization is “working to ensure that an event like this doesn’t happen in the future and do not anticipate an event like this will happen in the future.”

“This battery storage project was located within a retrofitted power plant from the 1950s and very much represents a global anomaly,” Roberts said, adding that “this incident and its impact is not something we have previously seen.”

None of this is stopping Moss Landing from becoming a galvanizing event. I’ve learned that activists on the ground and their attorneys are receiving a flood of inquiries from individuals fighting battery projects elsewhere in the United States.

“You’re going to feel absolutely like guinea pigs — and, unfortunately, you are because protocols weren’t in place,” environmental activist Erin Brockovich told affected residents at a public virtual town hall I attended late Tuesday night. Brockovich encouraged anyone who believes they were impacted by the battery fire to work publicly and behind the scenes to get the local control legislation in the state assembly passed. “Your input, hundreds and hundreds of you, on this legislation can help change the course for many communities in California in the future, on where [BESS] is built, how far away. Are they not going to be built?”

Knut Johnson, an attorney who is representing victims in one of the lawsuits, told me he believes this story should ultimately go national with seismic ramifications for the storage industry. He also told me he’s “curious to see how the Trump administration responds to this.” Johnson put the webinar on with Brockovich, who, he told me, is acting as a paralegal assisting with the case.

“This was so sudden and unexpected and following several years of magical thinking where they weren’t preparing for this possibility,” he said of the developers and state officials.

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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

And more of the week’s top news around project fights.

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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