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If even only a few of these ideas are enacted, it would be a harbinger of doom for wind energy in America.
Major groups in the anti-offshore wind movement are going big, submitting a lengthy policy wish list to the Trump transition team, according to documents obtained and first reported by Heatmap News.
Key organizations in the movement against offshore wind submitted a draft executive order “on the suspension of offshore wind development” to the transition team. According to the draft, not only are activists asking for a pause on new permits for offshore wind but also for a stop-work order on all projects currently under construction. They’re also asking for the Health and Human Services Department to become a weapon against the growth of renewable energy, requesting studies into the health and environmental effects of wind turbines and transmission cables.
If the Trump team follows through on even some of the ideas in the draft executive order, it would be a huge win for a nascent anti-renewables uprising in America. It would also be a harbinger of pain to come for wind energy in America under Trump. At the very least, it shows activists believe the next president has many powers at his disposal to make offshore wind developers’ lives miserable.
Mandy Davis, president of REACT Alliance, told Heatmap it had submitted the draft executive order to the transition team, and that REACT was the primary group behind the document. Davis is also head of the National Offshore-Wind Opposition Alliance, a new country-wide coalition of local groups opposed to offshore wind.
Davis said the draft order demonstrates the myriad ways she thinks the incoming administration can curtail wind development beyond a pause on new permits. “Our role is going to be determined to a great degree by what our new administration is doing,” she told Heatmap. “We also have to be really, really cognizant of the fact that even though the federal government is going to put major monkey wrenches in the works … it’s going to take a while.”
We’re still watching and waiting to see if Trump follows through with his promise to stop offshore wind in its tracks on Day 1. New Jersey Republican congressman Jeff Van Drew said in a statement Monday that Trump’s team is working with his office to draft an order that “halt[s] offshore wind turbine activities” on the East Coast and the “proposed order” is “expected to be finalized within the first few months of the administration.”
It is worth noting that Van Drew is one of the anti-offshore wind’s favorite allies in Congress. But it is unclear to what extent – if any – that the activists’ draft executive order obtained by Heatmap is winding up in the product Van Drew and his staff are working on with the Trump team. Representatives for Van Drew’s office did not immediately respond to a request for comment about the draft executive order.
It’s hard to fathom the extent of damage even a work stoppage order would have on the American offshore wind industry. Roughly 5.8 gigawatts of electricity capacity are under construction offshore and more than 8 gigawatts of projects have been fully permitted but haven’t begun construction, according to data shared with Heatmap News that was compiled by Christian Roselund, a policy analyst seasoned in the renewables industry. At least 10 gigawatts of additional capacity is currently in the federal review process and would be stymied by a halt at the permitting level. Taken together, the proposals in the draft could take millions of homes’ worth of carbon-free electricity off the table indefinitely.
A source within the offshore wind industry who requested anonymity to speak candidly said, if enacted, the proposals in the draft executive order would “lay off thousands of Americans” and potentially lead to work stoppages in other links in the industry’s supply chain, like shipyards in Louisiana and steel plants in the Midwest.
Jason Ryan, a spokesperson from American Clean Power, provided Heatmap a statement after initial publication of this story: “Executive orders restricting offshore wind energy undermine U.S. national security and job growth. Energy dominance requires a true ‘all of the above energy’ approach that unleashes our nation’s diverse resources to meet surging demand.”
What’s in the draft order?
In addition to pausing permits, the draft executive order calls on the incoming administration to:
According to emails and other documents reviewed by Heatmap, the draft executive order also involved the work of Lisa Quattrocki Knight, president of the Rhode Island anti-offshore wind organization Green Oceans and a board member of the National Offshore-Wind Opposition Alliance.
Along with the draft executive order, Heatmap obtained other documents with Green Oceans’ letterhead addressed to the incoming administration, calling on it to “justify removing all permitted wind farm projects off the eastern coast of the U.S.” under multiple potential legal authorities including the National Emergencies Act, the Defense Production Act, and Federal Power Act.
Knight did not respond to requests for an interview. A spokesperson for Green Oceans contacted by Heatmap confirmed the organization played a role in crafting the draft executive order and provided a statement that the “draft Executive Order was developed as part of our broader efforts to provide science-based, actionable recommendations to decision-makers, regardless of political affiliation.”
“We believe that meaningful environmental progress requires bipartisan cooperation, and we remain committed to working with all leaders who share our vision of a sustainable future,” the statement read.
The documents also show the draft was endorsed by key groups fighting offshore wind in the New Jersey and New York region, including Protect Our Coast Long Island and Save the East Coast, as well as local opposition groups based on the West Coast and in New England. Many of these organizations will be participating in a national day of protest this Saturday.
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A conversation with Jillian Blanchard of Lawyers for Good Government about the heightened cost of permitting delays
This week I chatted with Jillian Blanchard, vice president of climate change and environmental justice with Lawyers for Good Government, an organization that has been supporting beneficiaries of the Inflation Reduction Act navigate the uncertainties surrounding tax credits and grant programs under the Trump administration. The reason I wanted to chat with Jillian is simple: the IRA is under threat for the first time under a Republican Congress. I wanted to understand how solar and wind projects could be impacted by the House Republican reconciliation bill and putting IRA tax credits in doubt. I learned a lot.
The following conversation was lightly edited for clarity.
Okay, Jillian, what’s the topline here? How would the GOP reconciliation bill impact individual projects’ development?
There are big chunks of the reconciliation bill that will have dramatic impacts on project development, including language that would repeal or phase out bipartisan and popular tax credits in a way that would make it very, very difficult to invest in projects. I can get into the weeds next.
But it’s worth saying first – the group of programs aside from tax credits that [House Republicans] would repeal represents every single part of America. Hundreds of projects that will not go forward if these programs are not going well. And they have several legally obligated grants that EPA has already mucked up in a litany of ways. But what they’re proposing to do is to pull the rug out from under those programs. On top of that they want to pull any unobligated funding out.
I think it’s extremely misrepresentative to say these are not big cuts. They’re significant cuts to clean air and clean water across the board.
Help me get into the weeds about how phasing out the credits will make it harder to invest in a project.
Right now, a bank might want to invest a certain amount of money in a clean energy project because they know on the back end they can get 30% or 40% back on their investment. A return through tax credits. They can bank on that, because tax credits are a guarantee.
Was that an intentional pun? “Bank”?
Yeah, it is. I love a good pun. You opened the floodgates, that was a mistake.
But anyway, the program itself was supposed to be around until at least 2032 and the bank could bank on those tax credits. That’s a big runway, because projects could get delayed and you could lock in the credit as soon as you started construction.
Now they’re doing a phase-out approach where if your project is not placed into service before a certain date, you don’t avoid the phase out. You don’t get any protections if you’re starting your project now or next year. It has to be placed in service before 2028 or else your project may not be eligible. You are constructing it, you are financing it, but then through no fault of your own – a storm or whatever – then suddenly that project is no longer entitled to get 30% or 40% back.
That’s a big risk. And banks don’t like risk.
Opposition on the ground also delays projects the way a storm does. Would this empower those opponents?
Oh, totally. Totally. If anyone wants to fight a project, a bank might be even less likely to invest in it. The NIMBYs for that particular project become a risk.
What would you tell a developer at this moment who is wondering about the uncertainty around the IRA?
I would tell them that now is the time to speak up. If they want to stay in this business and make sure their energy stays as low-cost as it already is, they need to speak up right now, no matter what their political party affiliation is. Make it clear solar isn’t going away, wind isn’t going away, storage isn’t going away. These are markets America needs to be competitive with the rest of the world.
And more of the week’s biggest conflicts around renewable energy projects.
1. St. Lawrence County, New York – It’s hard out here for a 2-megawatt solar project in upstate New York.
2. McKean County, Pennsylvania – Swift Current Energy is now dealing with an insurgent opposition campaign against its Black Cherry wind project.
3. Blair County, Pennsylvania – Good news is elsewhere in Pennsylvania though as this county has given the go-ahead for a new utility-scale Ampliform solar project, the BL Hileman Hollow Solar project.
4. Allen County, Ohio – The mayor of Lima, a small city in this county, is publicly calling on Ohio senators to make sure that the pending reconciliation bill in Congress ensures Inflation Reduction Act tax credits can still apply to municipalities.
5. Vanderburgh County, Indiana – Orion Energy’s Blue Grass Creek solar project is now facing opposition too, with Orion representatives telling local press they actually expected some locals to be against the project.
6. Otsego County, Michigan – That state forest-felling solar farm that Fox News loved to hate? That idea is no more.
7. Adams County, Illinois – The Green Key solar project we’ve been following in the town of Ursa has received its special use permit from the county after vociferous local opposition.
8. Dane County, Wisconsin – We’re getting a taste of local worry about how the GOP’s efforts to change the IRA could affect municipal energy planning, thanks to the village of Waukanee.
9. Olmsted County, Minnesota – The fight over Ranger Power’s Lemon Hill solar project is evolving into a nascent bid to give localities more control over permitting renewables projects.
10. Cherry County, Nebraska – This county is seeking an investigation into whether Sandhills Energy’s BSH Kilgore wind farm is violating zoning standards after receiving requests from residents who are against the project.
11. Albany County, Wyoming – Bird conservation activists fighting wind projects in Wyoming claim the Interior Department is providing them incomplete information under the Freedom of Information Act about wind turbines and eagle deaths.
12. Santa Fe County, New Mexico – Renowned climate activist Bill McKibben is publicly going on the attack against opponents of an individual solar project, the AES Rancho Viejo solar farm near Santa Fe.
13. Apache County, Arizona – Opponents of the Repsol Lava Run wind project are now rallying around trying to stop transmission for the project.
14. Klickitat County, Washington – The Cypress Creek Renewables solar project we told you last week got fast-tracked by the state Energy Facility Site Evaluation Council? Turns out the county had a moratorium on new solar and anticipated a chance to formally file public comments before that would happen.
Will Sunrise Wind and Revolution Wind get the Trump treatment?
The sharks of opposition are circling the American offshore wind industry, as they await the federal government’s next victims.
This week, we received news that Equinor – developer of the Empire Wind project – is inching towards potentially canceling development after a visit to Washington and the White House yielded little success. In addition, Interior Secretary Doug Burgum told Fox Business that the department is now reviewing all offshore wind permits issued under the Biden administration.
“What people don’t realize, billions of tons of rock are poured into the ocean before they can begin the years of pile driving,” Burgum told Fox Business, claiming the review of offshore wind permits that Trump ordered uncovered new data about Empire Wind “that was never released to the public” showing the approval “lacked total rigor.”
Meanwhile, coastal opponents of wind energy have moved onto other projects: Orsted’s Revolution Wind project near Rhode Island and Sunrise Wind project off New York’s coastline. In petitions to the EPA, two anti-wind groups – Green Oceans and Protect Our Coast N.J. – have asked the agency to rescind key permits for air emissions and water discharges, asserting the federal government moved too fast to get them approved.
In addition, an environmental consultancy hired by Green Oceans called Planet A* Strategies sent a detailed report to Burgum examining “the background, legal requirements, and data used in Federal agency decision-making regarding offshore wind development.” The consultancy claimed it had found actual violations of environmental law and that facts in the report “include material information that may have been omitted or misrepresented by offshore wind project developers and governmental decisionmakers.” Planet A* Strategies is run by Maureen Koatz, a former policy director for the Nuclear Energy Institute and Senate staffer.
Green Oceans has also retained federal lobbyists from two different firms, a noteworthy move for an organization that previously had no obvious government affairs footprint.
It is likely no coincidence that all of these petitions and this report are all being filed right now, as we saw a similar flurry of activity surround Empire Wind before its stop work order was issued. Similar noise occurred in the days before Atlantic Shores lost a key EPA permit, sending work on the project into indefinite hiatus. For this reason, I suspect we will see more actions threatening other permits for offshore wind projects – and will be surprised if that doesn’t happen.
But at least this time there’s a countervailing force, as climate-minded environmentalists now swoop in too. Late Thursday, 10 major environmental non-profits – including NRDC, Sierra Club, Environmental Defense Fund, and the National Wildlife Federation – filed an amicus brief in the lawsuit that was filed by Democrat-led states against Trump’s blanket ban on offshore wind approvals and leases. I obtained a copy of the filing this afternoon from NRDC.
The amicus brief focuses on the argument that Trump’s order and the government’s compliance with it violates the Administrative Procedures Act. This comes after months of relative inaction from the environmental movement, other than a handful of rallies and public statements against the offshore wind ban.
The brief also declares that “when robust environmental review and permitting frameworks are applied, the responsible deployment of U.S. wind power is compatible with wildlife protection, public health, community protection and economic development,” and that the agencies “have taken an abrupt, 180-degree turn in their approach to wind permitting, without acknowledging this about-face, and without providing any justification, let alone a reasoned one.”