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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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And more of the week’s top news about renewable energy fights.
1. Jefferson County, New York – Two solar projects have been stymied by a new moratorium in the small rural town of Lyme in upstate New York.
2. Sussex County, Delaware – The Delaware legislature is intervening after Sussex County rejected the substation for the offshore MarWin wind project.
3. Clark County, Indiana – A BrightNight solar farm is struggling to get buy-in within the southern region of Indiana despite large 650-foot buffer zones.
4. Tuscola County, Michigan – We’re about to see an interesting test of Michigan’s new permitting primacy law.
5. Marion County, Illinois – It might not work every time, but if you pay a county enough money, it might let you get a wind farm built.
6. Renville County Minnesota – An administrative law judge has cleared the way for Ranger Power’s Gopher State solar project in southwest Minnesota.
7. Knox County, Nebraska – I have learned this county is now completely banning new wind and solar projects from getting permits.
8. Fresno County, California – The Golden State has approved its first large-scale solar facility using the permitting overhaul it passed in 2022, bypassing local opposition to the project. But it’s also prompting a new BESS backlash.
A conversation with Robb Jetty, CEO of REC Solar, about how the developer is navigating an uncertain environment.
This week I chatted with REC Solar CEO Robb Jetty, who reached out to me through his team after I asked for public thoughts from renewables developers about their uncertain futures given all the action in Congress around the Inflation Reduction Act. Jetty had a more optimistic tone than I’ve heard from other folks, partially because of the structure of his business – which is actually why I wanted to include his feelings in this week’s otherwise quite gloomy newsletter.
The following conversation has been lightly edited for clarity. Shall we?
To start, how does it feel to be developing solar in this uncertain environment around the IRA?
There’s a lot of media out there that’s oftentimes trying to interpret something that’s incredibly complex and legalese to begin with, so it’s difficult to really know what the exact impacts are in the first place or what the macroeconomic impacts would be from the policy shifts that would happen from the legislation being discussed right now.
But I’ll be honest, the thing I reinforce the most right now with our team is that you cannot argue with solar being the lowest cost form of electrical generation in the United States and it’s the fastest source of power generation to be brought online. So there’s a reason why, regardless of what happens, our industry isn’t going to go away. We’ve dealt with all kinds of policy changes and I’ve been doing this since 2002. We’ve had lots of changes that have been disruptive to the industry.
You can argue some of the things that are being discussed are more disruptive. But there’s lots of things we’ve faced. Even the pandemic and the fallout on inflation and labor. We’ve navigated through hard times before.
What’s been the tangible impact to your business from this uncertainty?
I would say it has shifted our focus. We sell electricity to our customers that are both commercial customers, using that power behind the meter and on site for their own facilities, or we’re selling electricity to utilities, or virtually through the grid. Right now we’ve shifted some of our strategy toward the acquisition of operating assets instead of buying projects from other developers that could be more impacted by the uncertainty or have economics that are more sensitive to the timing and uncertainty that could come out of the policy. It’s had an impact on our business but, back to my earlier comment, the industry is so big at this point that we’re seeing lots of opportunity for us to provide value to an investor.
As a company that works in different forms of solar development – from small-scale utility to commercial to community solar – do you see any changes in terms of what projects are developed if what’s in the House bill becomes law?
I’m not seeing anything at the moment.
I think most of the activity I’ve been involved in is waiting for this to settle. The disruption is the volatile nature, the uncertainty. We need certainty. Any business needs certainty to plan and operate effectively. But I’m honestly not seeing anything that’s having that impact right now in terms of where investment is flowing, whether its utility scale to the smaller behind-the-meter commercial scale we support in certain markets.
We are seeing it in the residential side of the solar industry. Those are more concerning, because you only have a short amount of time to claim the [investment tax credit] ITC for a residential system.
Six months in, federal agencies are still refusing to grant crucial permits to wind developers.
Federal agencies are still refusing to process permit applications for onshore wind energy facilities nearly six months into the Trump administration, putting billions in energy infrastructure investments at risk.
On Trump’s first day in office, he issued two executive orders threatening the wind energy industry – one halting solar and wind approvals for 60 days and another commanding agencies to “not issue new or renewed approvals, rights of way, permits, leases or loans” for all wind projects until the completion of a new governmental review of the entire industry. As we were first to report, the solar pause was lifted in March and multiple solar projects have since been approved by the Bureau of Land Management. In addition, I learned in March that at least some transmission for wind farms sited on private lands may have a shot at getting federal permits, so it was unclear if some arms of the government might let wind projects proceed.
However, I have learned that the wind industry’s worst fears are indeed coming to pass. The Fish and Wildlife Service, which is responsible for approving any activity impacting endangered birds, and the U.S. Army Corps of Engineers, tasked with greenlighting construction in federal wetlands, have simply stopped processing wind project permit applications after Trump’s orders – and the freeze appears immovable, unless something changes.
According to filings submitted to federal court Monday under penalty of perjury by Alliance for Clean Energy New York, at least three wind projects in the Empire State – Terra-Gen’s Prattsburgh Wind, Invenergy’s Canisteo Wind, and Apex’s Heritage Wind – have been unable to get the Army Corps or Fish and Wildlife Service to continue processing their permitting applications. In the filings, ACE NY states that land-based wind projects “cannot simply be put on a shelf for a few years until such time as the federal government may choose to resume permit review and issuance,” because “land leases expire, local permits and agreements expire, and as a result, the project must be terminated.”
While ACE NY’s filings discuss only these projects in New York, they describe the impacts as indicative of the national industry’s experience, and ACE NY’s executive director Marguerite Wells told me it is her understanding “that this is happening nationwide.”
“I can confirm that developers have conveyed to me that [the] Army Corps has stopped processing their applications specifically citing the wind ban,” Wells wrote in an email. “As I have understood it, the initial freeze covered both wind and solar projects, but the freeze was lifted for solar projects and not for wind projects.”
Lots of attention has been paid to Trump’s attacks on offshore wind, because those projects are sited entirely in federal waters. But while wind projects sited on private lands can hypothetically escape a federal review and keep sailing on through to operation, wind turbines are just so large in size that it’s hard to imagine that bird protection laws can’t apply to most of them. And that doesn’t account for wetlands, which seem to be now bedeviling multiple wind developers.
This means there’s an enormous economic risk in a six-month permitting pause, beyond impacts to future energy generation. The ACE NY filings state the impacts to New York alone represent more than $2 billion in capital investments, just in the land-based wind project pipeline, and there’s significant reason to believe other states are also experiencing similar risks. In a legal filing submitted by Democratic states challenging the executive order targeting wind, attorneys general listed at least three wind projects in Arizona – RWE’s Forged Ethic, AES’s West Camp, and Repsol’s Lava Run – as examples that may require approval from the federal government under the Bald and Golden Eagle Protection Act. As I’ve previously written, this is the same law that bird conservation advocates in Wyoming want Trump to use to reject wind proposals in their state, too.
The Fish and Wildlife Service and Army Corps of Engineers declined to comment after this story’s publication due to litigation on the matter. I also reached out to the developers involved in these projects to inquire about their commitments to these projects in light of the permitting pause. We’ll let you know if we hear back from them.