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Spotlight

Anatomy of a Texas NIMBY

Inside a solar fight in the “cowboy capital of the world.”

Texas flag.
WikiCommons / Ricardo Gomez-Angel / Heatmap

An hour northwest of San Antonio, Texas, the small town of Bandera is home to fewer than 1,000 people. Complete with old-timey heritage buildings from the Old West, the town markets itself as a ranching tourism destination and the “cowboy capital of the world.”

And some residents really don’t want the solar farm coming to town: Pine Gate Renewables’ Rio Lago solar project, which would produce 132 megawatts of power. That’s enough renewable electricity to fuel almost 23,000 homes.

When the project first appeared on homeowners’ doorsteps, citizens concerned about building anything at industrial scale in their bucolic community rejected a local tax abatement and began speaking to local media. Eventually, roughly a dozen people living near the proposed Rio Lago site filed a lawsuit in state court seeking damages for alleged sediment runoff, along with a laundry list of other complaints. The state court judge was sympathetic to the individuals in Bandera, ordered construction to stop and sanctioned Pine Gate when residents said the company appeared to continue work on the project. The case is now pending in federal court.

Taken together this outcry, lawsuit, and all of the resulting local news coverage coverage add up to a crucial test: Can a handful of people block carbon-free power to so many homes?

In this circumstance, probably not. Last week, the federal judge now overseeing the case – Richard Farrer, who was appointed under Trump in 2017 – told the aggrieved homeowners and their lawyer that while the allegations of damages may still proceed to trial, there was “not sufficient evidence of imminent irreparable harm to support” an order to stop construction, according to a transcript of the hearing.

But still, this case still fascinates. That’s because despite Texas’ conservative political leaning the Lone Star state is a panacea for renewables development. It produces 16% of the nation’s total renewable energy but accounts for only 2.5% of the contested projects, restrictive ordinances, and moratoriums in Heatmap Pro’s database. Part of the reason Texas is so receptive is that energy production overall is pretty welcome – when you’re so used to oil rigs, a solar farm isn’t that big of a deal. For its part, Pine Gate clearly thinks it’s a great place to build as the company claims to have forty projects at various stages in the state.

The case of Bandera and the Rio Lago solar project ultimately illustrates NIMBYism – historically understood as more of an issue amongst liberals – can occur in even the most staunchly conservative parts of the country: the town is represented in Congress by Rep. Chip Roy, who has a 96% lifetime score from the Heritage Foundation’s political arm and a month ago called to fully defund the Energy Department’s Office of Energy Efficiency and Renewable Energy.

Ultimately, while renewable energy and decarbonization capital is pouring into culturally red areas across the U.S., this conflict demonstrates how a backlash can really rear its ugly head.

Jennifer Rosenblatt, a lawyer representing the homeowners opposed to the solar farm, told me her litigation isn’t “anti-solar” and “simply a construction issue.” But she acknowledged the residents are motivated by a simple and familiar adage: “Nobody wants it in their backyard.”

“All things being equal, they don’t want it there,” Rosenblatt said. “Everybody wants to say it’s a lawsuit about ‘not in my backyard,’ but in Texas you can’t control what somebody does on their property next door. There’s no lawsuit about that.”

We’ll keep you updated on the status of this lawsuit in future editions of The Fight.

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Spotlight

The Moss Landing Fire Is Radicalizing Battery Foes

From Kansas to Brooklyn, the fire is turning battery skeptics into outright opponents.

Texas battery project.
Heatmap Illustration/Getty Images

The symbol of the American battery backlash can be found in the tiny town of Halstead, Kansas.

Angry residents protesting a large storage project proposed by Boston developer Concurrent LLC have begun brandishing flashy yard signs picturing the Moss Landing battery plant blaze, all while freaking out local officials with their intensity. The modern storage project bears little if any resemblance to the Moss Landing facility, which uses older technology,, but that hasn’t calmed down anxious locals or stopped news stations from replaying footage of the blaze in their coverage of the conflict.

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Hotspots

Trump May Approve Transmission Line for Wind Project

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

Map of renewable energy conflicts
Heatmap Illustration

1. Carbon County, Wyoming – I have learned that the Bureau of Land Management is close to approving the environmental review for a transmission line that would connect to BluEarth Renewables’ Lucky Star wind project.

  • This is a huge deal. For the last two months it has seemed like nothing wind-related could be approved by the Trump administration. But that may be about to change.
  • The Bureau of Land Management sent local officials an email March 6 with a draft environmental assessment for the transmission line, which is required for the federal government to approve its right-of-way under the National Environmental Policy Act.
  • According to the draft, the entirety of the wind project itself is sited on private property and “no longer will require access to BLM-administered land.”
  • The email suggests this draft environmental assessment may soon be available for public comment, which is standard practice and required under the law to proceed. BLM’s web page for the transmission line now states an approval granting right-of-way for the transmission line may come as soon as this May.
  • We’ve asked BLM for comment on how this complies with Trump’s executive order ending “new or renewed approvals” and “rights of way” for onshore wind projects. We’ll let you know if we hear back.
  • It’s worth noting, however, that BLM last week did something similar with a transmission line that would go to a solar project proposed entirely on private lands. Could private lands become the workaround du jour under Trump?

2. Nantucket County, Massachusetts – Anti-offshore wind advocates are pushing the Trump administration to rescind air permits issued to Avangrid for New England Wind 1 and 2, the same approval that was ripped away from Atlantic Shores offshore wind farm last Friday.

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Q&A

What’s the Deal with Battery Storage Regulation?

A conversation with Nikhil Kumar of GridLab

Nikhil Kumar, program director at GridLab
Heatmap Illustration

Today’s sit-down is with Nikhil Kumar, a program director at GridLab and an expert in battery storage safety and regulation. Kumar’s folks reached out to me after learning I was writing about Moss Landing and wanted to give his honest and open perspective on how the disaster is impacting the future of storage development in the U.S. Let’s dive in!

The following is an abridged and edited version of our conversation.

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