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Spotlight

Inside Nevada’s Solar Energy Revolt

The governor is trying to get the Bureau of Land Management’s solar expansion plan canceled, Heatmap has learned.

Joe Lombardo.
Heatmap/Getty Images

Nevada, ground zero for solar development in the American West, is now seeing a different kind of renewables revolution – against development.

It might endanger the Biden administration’s crowning solar permitting achievement, and will mean developers in the Silver State will have to reckon with empowered opponents in the Trump 2.0 era.

The Bureau of Land Management’s Western solar plan would open more than 31 million acres available for utility-scale solar applications across almost a dozen states. About a third of that land would be in Nevada. Nevada is one of the top states in the U.S. for solar development and utility-scale construction spiked after passage of the Inflation Reduction Act.

Rural county governments are hopping mad over the effort. Many officials want to do what their friends in other states can do – pass moratoria and restrict development in line with local complaints. They’ve been passing their local rules. But there’s a big X factor: They have no authority over federal lands, and most of the state’s territory overall is under control of BLM.

This means their ordinances are relatively toothless, county officials say, not to mention they get less revenue from solar farms.

“There are impacts to residents, to county services, to how we deliver services from solar energy projects, that frankly aren’t being addressed,” said Vinson Guthreau, executive director of the Nevada Association of Counties, which has formally protested the BLM solar plan after backlash with members. “And there’s zero way to capture revenue from resources on federal land — we cannot collect taxes on federal land. We receive all of the impacts and none of the revenue to fund the impacts, frankly.”

Enter Nevada’s Republican Governor Joe Lombardo. In an Oct. 28 letter obtained by Heatmap, Lombardo stated “discouraging feedback” from local officials and state agencies led him to ask BLM to cancel its west-wide comprehensive solar plan. Among his complaints: many objections from local leaders and concerns raised by environmentalists about impacts on imperiled tortoises and sage grouse. (Yes, this means the GOP governor of Nevada is on the same side as the Center for Biological Diversity.)

“The vast tracts of land identified,” Lombardo wrote, “places enormous pressure on our rural counties, many of which rely on public lands for agriculture, grazing, mining, recreation, and community development, and threatens to overwhelm local land-use plans and disrupt the economic and social fabric of our communities.”

Opposition from Nevada means that if there’s a way to unravel the programmatic solar plan when Donald Trump takes office in January, there’ll be a will. That’s what happened with the Obama administration’s sage grouse habitat protection efforts. Other western states opposed Obama sage grouse protection plans, but Nevada – a key swing state – was a dissenting voice that really counted. Now ironically, instead of scrapping protections for sage grouse, the state is citing the bird to say local objections are being left out of the discourse.

“Everybody knows where the migration corridors are,” said Lander County land use planner Pam Harrington, who previously worked for conservation group Trout Unlimited. “We’re not unsupportive of [solar energy] in our county. We want to see growth. But we want to see smart growth.”

Personally, I think the mining and agriculture concerns here are scant compared to the very real tax issue. We see transmission lines or renewables projects face scrutiny when the power itself doesn’t go to the people directly impacted. The same could easily be true here with taxes. Notably, the hardrock mining industry – also blooming in Nevada – pays state royalties but no federal payments for the resources it collects in the state.

“The mining industry is super prominent and they have set the gold standard around community engagement,” Gurtheau said, adding he believes those companies are doing a much better job at engaging Nevada communities than renewables. “That’s what our [counties] are used to.”

It’s unclear if the BLM will formally implement the solar plan before Trump takes office. The final environmental review for BLM’s solar plan was released at the end of the summer, but the Bureau has not issued its official action formally opening acreage for development. The agency said it would do this “following resolution of any remaining issues identified” after releasing the final review.

BLM did not respond to a request for comment.

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Hotspots

Judge, Siding With Trump, Saves Solar From NEPA

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

The United States.
Heatmap Illustration/Getty Images

1. Jackson County, Kansas – A judge has rejected a Hail Mary lawsuit to kill a single solar farm over it benefiting from the Inflation Reduction Act, siding with arguments from a somewhat unexpected source — the Trump administration’s Justice Department — which argued that projects qualifying for tax credits do not require federal environmental reviews.

  • We previously reported that this lawsuit filed by frustrated Kansans targeted implementation of the IRA when it first was filed in February. That was true then, but afterwards an amended complaint was filed that focused entirely on the solar farm at the heart of the case: NextEra’s Jeffrey Solar. The case focuses now on whether Jeffrey benefiting from IRA credits means it should’ve gotten reviewed under the National Environmental Policy Act.
  • Perhaps surprisingly to some, the Trump Justice Department argued against these NEPA reviews – a posture that jibes with the administration’s approach to streamlining the overall environmental analysis process but works in favor of companies using IRA credits.
  • In a ruling that came down on Tuesday, District Judge Holly Teeter ruled the landowners lacked standing to sue because “there is a mismatch between their environmental concerns tied to construction of the Jeffrey Solar Project and the tax credits and regulations,” and they did not “plausibly allege the substantial federal control and responsibility necessary to trigger NEPA review.”
  • “Plaintiffs’ claims, arguments, and requested relief have been difficult to analyze,” Teeter wrote in her opinion. “They are trying to use the procedural requirements of NEPA as a roadblock because they do not like what Congress has chosen to incentivize and what regulations Jackson County is considering. But those challenges must be made to the legislative branch, not to the judiciary.”

2. Portage County, Wisconsin – The largest solar project in the Badger State is now one step closer to construction after settling with environmentalists concerned about impacts to the Greater Prairie Chicken, an imperiled bird species beloved in wildlife conservation circles.

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Spotlight

Renewables Swept Up in Data Center Backlash

Just look at Virginia.

A data center.
Heatmap Illustration/Getty Images

Solar and wind projects are getting swept up in the blowback to data center construction, presenting a risk to renewable energy companies who are hoping to ride the rise of AI in an otherwise difficult moment for the industry.

The American data center boom is going to demand an enormous amount of electricity and renewables developers believe much of it will come from solar and wind. But while these types of energy generation may be more easily constructed than, say, a fossil power plant, it doesn’t necessarily mean a connection to a data center will make a renewable project more popular. Not to mention data centers in rural areas face complaints that overlap with prominent arguments against solar and wind – like noise and impacts to water and farmland – which is leading to unfavorable outcomes for renewable energy developers more broadly when a community turns against a data center.

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Q&A

How the Wind Industry Can Fight Back

A conversation with Chris Moyer of Echo Communications

The Q&A subject.
Heatmap Illustration

Today’s conversation is with Chris Moyer of Echo Communications, a D.C.-based communications firm that focuses on defending zero- and low-carbon energy and federal investments in climate action. Moyer, a veteran communications adviser who previously worked on Capitol Hill, has some hot takes as of late about how he believes industry and political leaders have in his view failed to properly rebut attacks on solar and wind energy, in addition to the Inflation Reduction Act. On Tuesday he sent an email blast out to his listserv – which I am on – that boldly declared: “The Wind Industry’s Strategy is Failing.”

Of course after getting that email, it shouldn’t surprise readers of The Fight to hear I had to understand what he meant by that, and share it with all of you. So here goes. The following conversation has been abridged and lightly edited for clarity.

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