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Spotlight

Trump’s Onshore Wind Pause Is Still On

Six months in, federal agencies are still refusing to grant crucial permits to wind developers.

Donald Trump and a wind turbine.
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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.

Yellow

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Spotlight

The Blast Radius of Interior’s Anti-Renewables Order Could Be Huge

Solar and wind projects will take the most heat, but the document leaves open the possibility for damage to spread far and wide.

Wetlands, Donald Trump, and solar panels.
Heatmap Illustration/Getty Images

It’s still too soon to know just how damaging the Interior Department’s political review process for renewables permits will be. But my reporting shows there’s no scenario where the blast radius doesn’t hit dozens of projects at least — and it could take down countless more.

Last week, Interior released a memo that I was first to report would stymie permits for renewable energy projects on and off of federal lands by grinding to a halt everything from all rights-of-way decisions to wildlife permits and tribal consultations. At minimum, those actions will need to be vetted on a project-by-project basis by Interior Secretary Doug Burgum and the office of the Interior deputy secretary — a new, still largely undefined process that could tie up final agency actions in red tape and delay.

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Hotspots

Idaho’s Lava Ridge Wind Farm Faces a New Fight in Congress

We’re looking at battles brewing in New York and Ohio, plus there’s a bit of good news in Virginia.

The United States.
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1. Idaho — The LS Power Lava Ridge wind farm is now facing a fresh assault, this time from Congress — and the Trump team now seems to want a nuclear plant there instead.

  • House Republicans this week advanced an Interior Department appropriations bill that would indefinitely halt federal funding for any permits related to the proposed wind facility “unless and until” the president reviews all of its permits issued under the Biden administration. Biden had completed permitting right before Trump took office.
  • Trump had already ordered a stop to construction on the project as part of a Day 1 flurry of executive orders. But if this policy rider becomes law, it could effectively handcuff any future president after Trump from allowing Lava Ridge to move forward.
  • While Democrats tend to view riders like these unfavorably and attempt to get rid of them, government funding packages require 60 votes in the Senate to break a filibuster, which often means partisan policies from funding bills passed by previous Congresses are challenging to get rid of and can stick around for long stretches of time.
  • By that same logic, one would assume that the need to hit that 60 number now requires Democrats, so wouldn’t they need them and want to ditch this rider? Except one thing: it is exceedingly likely given past congressional fights that the party’s right flank in the House requests fresh concessions. Policy riders like these become chits in that negotiation – and I do expect this one to be an easy sop for this flank given the executive order is already in place.
  • There’s also the whole matter of whether LS Power will try to proceed with this project under a future president amidst increasing pressure on the company. That’s likely why Sawtooth Energy, an energy developer interested in building new small modular nuclear reactors, is now eyeing the project site.

2. Suffolk County, New York — A massive fish market co-op in the Bronx is now joining the lawsuit to stop Equinor’s offshore Empire Wind project, providing anti-wind activists a powerful new ally in the public square.

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Q&A

How to Fight Back Against Anti-Renewable Activists

Getting local with Matthew Eisenson of Columbia Law School’s Sabin Center for Climate Change Law.

The Fight Q&A subject.
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This week’s conversation is with Matthew Eisenson at Columbia Law School’s Sabin Center for Climate Change Law. Eisenson is a legal expert and pioneer in the field of renewable energy community engagement whose work on litigating in support of solar and wind actually contributed to my interest in diving headlong into this subject after we both were panelists at the Society of Environmental Journalists’ annual conference last year. His team at the Sabin Center recently released a report outlining updates to their national project tracker, which looks at various facility-level conflicts at the local level.

On the eve of that report’s release earlier this month, Eisenson talked to me about what he believes are the best practices that could get more renewable projects over the finish line in municipal permitting fights. Oh — and we talked about Ohio.

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