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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.
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Packed hearings. Facebook organizing. Complaints about prime farmland and a disappearing way of life. Sound familiar?
Solar and wind companies cite the rise of artificial intelligence to make their business cases after the United States government slashed massive tax incentives for their projects.
But the data centers supposed to power the AI boom are now facing the sort of swift wave of rejections from local governments across the country eerily similar to what renewables developers have been dealing with on the ground over the last decade. The only difference is, this land use techlash feels even more sudden, intense, and culturally diffuse.
What’s happening is simple: Data centers are now routinely being denied by local governments in zoning and permitting decisions after local residents turn against them. These aggrieved denizens organize grassroots campaigns, many with associated Facebook groups, and then flood city council and county commission hearings.
Just take this past week. Last Thursday, Prince George’s County, Maryland, paused all data center permitting after a campaign against converting an abandoned mall into a data center gained traction online, with a petition garnering more than 20,000 signatures. On Monday, faced with a ferocious public outcry, Google rescinded a proposal to build what would’ve been its second data center in Indiana in Franklin Township, a community in southeastern Indianapolis – a withdrawal requested mere minutes before the township council was reportedly going to reject it.
That same day, the rural Illinois town of DeKalb denied a solar company’s request to build a “boutique data center” on the same site as a previously-permitted solar farm. And on Tuesday, the small city of Howell – located smack between Lansing and Detroit, Michigan – denied a data center proposed by an anonymous Fortune 100 company. Apparently, so many people showed up to voice their opposition to the project that the hearing was held in a high school gymnasium.
Opponents cite many things in their arguments against development, some unique to the sector like energy and water use, and others familiar to the solar and wind industry, like preserving prime farmland or maintaining a way of life.
These arguments are incredibly salient, as polling conducted by Heatmap News has revealed: less than half of Americans would ever support a data center coming near them, and this technology infrastructure is less popular than any form of renewable energy. Digging into the cross-tabs of that poll, data centers are unpopular with essentially all age demographics, and arguments against the facilities – like “they use too much water” or “they consume too much electricity” – get relatively similar agreement from registered Democrats and Republicans alike.
Ben Inskeep, a clean energy advocate in Indianapolis, told me he started fighting data centers last year after he became aware of the total power needed to fuel the rising number of projects in the state. His advocacy organization, Citizens Action Coalition of Indiana, previously weighed in on rate hikes and electricity generation decisions. Now, they’re tracking more than 40 data center projects they say are proposed in the state and getting involved in the fight on the ground against them.
Inskeep told me that, from his point of view, the primary support for data centers comes from local governments and municipally-funded works like schools and health facilities that are facing slashed budgets. In some cases the projects are being rejected despite representing millions – even billions – in capital investments and potential tax revenues so large that municipal governments are put between a rock and a hard place as they’re pressured by a weakening economy and state funding cuts.
That’s what happened in Indianapolis. Earlier this month the school district that would’ve been funded by the now-rejected Google data center came out in support of the project, declaring it would welcome new tax revenue, and said it would also lead to new educational partnerships with the tech giant. But none of that mattered. Some local officials even lambasted their colleagues' support as unwarranted, a lashing out that reminds me of what happens to pro-solar officials in Ohio.
Heatmap News has been tracking contested data center projects since the spring of this year and has found almost 100 projects under development across the country that are being actively fought by local organizers, citizens advocacy groups, and environmental organizations. The data is preliminary and likely an undercount.
Still, there’s lots to glean from it. Crucially, as we’ve seen with renewable energy development, data center opposition crops up most often in tandem with the number of projects proposed and constructed. This is only logical: the more of something that is built in a place, the more likely people are to say, “We’ve built enough of that.” This is why Virginia is the top state when it comes to data centers being opposed – it’s a hub that’s seen development spike for far longer than elsewhere in the United States.
I believe that as data center project proposals continue to rise across the country, we’ll see in parallel rising hostility to their development – potentially much larger than anything renewable energy has ever faced. It will undoubtedly also be a problem for anyone in solar or wind who is riding on an AI boom to add demand for their projects.
And more of the week’s most important news around renewable energy conflicts.
1. Pulaski County, Arkansas – The attorney general of Arkansas is reassuring residents that yes, they can still ban wind farms if they want to.
2. Des Moines County, Iowa – This county facing intense pressure to lock out renewables is trying to find a sweet spot that doesn’t involve capitulation. Whether that’s possible remains to be seen.
3. Fayette County, Tennessee – This county just extended its solar energy moratorium for at least the next 18 months after pressure from residents.
4. McCracken County, Kentucky – It’s not all bad news this week, as a large solar project in Kentucky appears to be moving forward without fomenting difficulties on the ground.
A conversation with Wil Gehl at the Solar Energy Industries Association
This week I chatted with Wil Gehl, the InterMountain West senior manager at the Solar Energy Industries Association. I reached out in the hopes we could chat candidly about the impacts of the current national policy regime on solar development in the American West, where a pause on federal permits risks jeopardizing immense development in Nevada. To my delight, Wil was (pun intended) willing to get into the hot seat with me and get into the mix.
The following conversation was lightly edited for clarity.
So for starters, walk me through how solar development out west has changed since the start of this year.
Certainly been a lot of changes. I think there’s sort of a confluence of lots of uncertainty and change in the industry. The impending tax credit deadlines and safe harbor and commence construction deadlines, all of that combined with the sort of things that have been ongoing in the West for a while — public lands, siting issues — I think those have made a relatively difficult development environment for folks.
But that said, we’re also seeing unprecedented load growth across the West, and Nevada’s a really good example of that. So the demand for solar and storage remains super high. But I think now we’re navigating even more difficulty in getting projects both sited and also over the finish line.
How has the pause on federal permitting impacted projects in this area of the country?
Nevada is 80% public land, give or take, so those changes at the federal level, particularly, the Department of Interior … it’s pretty difficult if you’re looking at utility-scale solar in the state to avoid a sort of federal lands nexus. Those policy changes are really being felt on the ground in Nevada.
We don’t do a ton of engagement at the county level but I’ve been tracking those developments across the state, in Nevada, and others around the West. Whether they’re moratoriums or consideration on moratoriums, or new siting restrictions… in most states in the West, the land use decisions rest at the local level, either the county or the municipal jurisdiction. The patchwork of changing ordinances, that [has a] pace that has intensified a little bit this year as well.
How is SEIA trying to get those projects unstuck? I think about Esmeralda 7 for example, which hasn’t seen its permitting timeline updated online in half a year. What’s the process for trying to get these projects to move forward at this juncture?
I guess I don’t have project by project specific information but in general, I think the example with Nevada Gov. Joe Lombardo’s letter is how we’ve been approaching this issue. Trying to make the case for states like Nevada with really high load growth that projects like this are critical to meeting energy demand and serving customers reliably. Trying to tie the really near-term challenge of serving load together with these issues of federal land so that people on the ground at the state level are aware of it and can use the influence they have with federal officials and other folks to make this situation known, that this has real practical effects with states and their economic development.
When it comes to transmission for these solar projects, what’s the status? Is the scope of the pause just limited to the scope of solar generation or also transmission lines connected to them?
I think the kind of more recent challenges have been more focused on the generation side. The pace of the transmission and associated queue bottlenecks, I feel like that situation has not improved by any means but I don’t get the sense there’s any near-term changes that have impacted that. I’d be curious if other folks who work more closely on the transmission side have a different perspective, but that’s kind of what I’m seeing.
Is there from your vantage point a clip or an end here? If these projects are unable to be unstuck, do you expect developers to try and wait out this limbo with public lands? Or do you expect developers to rethink how they site their projects?
I think in general for projects already under the development process, folks have already invested a lot of time, energy, and capital to get those projects to this point. Particularly those in the West really necessary to serve as growing load, I would expect folks to really be pursuing every angle they can to get those projects over the finish line.
That said, I’m sure there is some point. I just don’t have a good sense of when this becomes totally unpalatable or you’re not able to move forward.
NV Energy recently had a filing at the Federal Energy Regulatory Commission that allowed projects previously in their queue an escape route out if they were not able to maintain their queue position. I do think that’s a sign of the siting difficulties, the people re-evaluating their project portfolio. I’m not a developer but if you’re looking on private land or federal land, signs are pointing to a smoother path forward on private land but in states like Nevada where 80% plus is public land, even for a project fully sited on private land, it’s really difficult to avoid interconnection or transmission. There are pretty much always going to be federal impacts. That’s just going to be a challenge that industry’s facing at this point.
What’s your message to developers who are anxious in this moment?
That’s a good question. I share the anxiety.
I also think there’s a lot of effort being undertaken by developers to explain the situation on the ground to their elected officials and I really think that’s the kind of message that needs to get out there. These real tangible impacts of projects that were already invested in, in some cases already under construction, that are being hindered by these policy decisions that I don’t think are serving the public interests and are going to limit economic development if they don’t come online in time. Ultimately energy is needed to meet the growing demand. There’s not a great alternative to these projects not getting done.