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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

How the Tech Industry Is Responding to Data Center Backlash

It’s aware of the problem. That doesn’t make it easier to solve.

Data center construction and tech headquarters.
Heatmap Illustration/Getty Images

The data center backlash has metastasized into a full-blown PR crisis, one the tech sector is trying to get out in front of. But it is unclear whether companies are responding effectively enough to avoid a cascading series of local bans and restrictions nationwide.

Our numbers don’t lie: At least 25 data center projects were canceled last year, and nearly 100 projects faced at least some form of opposition, according to Heatmap Pro data. We’ve also recorded more than 60 towns, cities and counties that have enacted some form of moratorium or restrictive ordinance against data center development. We expect these numbers to rise throughout the year, and it won’t be long before the data on data center opposition is rivaling the figures on total wind or solar projects fought in the United States.

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Hotspots

More Moratoria in Michigan and Madison, Wisconsin

Plus a storage success near Springfield, Massachusetts, and more of the week’s biggest renewables fights.

The United States.
Heatmap Illustration/Getty Images

1. Sacramento County, California – A large solar farm might go belly-up thanks to a fickle utility and fears of damage to old growth trees.

  • The Sacramento Municipal Utility District has decided to cancel the power purchase agreement for the D.E. Shaw Renewables Coyote Creek agrivoltaics project, which would provide 200 megawatts of power to the regional energy grid. The construction plans include removing thousands of very old trees, resulting in a wide breadth of opposition.
  • The utility district said it was canceling its agreement due to “project uncertainties,” including “schedule delays, environmental impacts, and pending litigation.” It also mentioned supply chain issues and tariffs, but let’s be honest – that wasn’t what was stopping this project.
  • This isn’t the end of the Coyote Creek saga, as the aforementioned litigation arose in late December – local wildlife organizations backed by the area’s Audubon chapter filed a challenge against the final environmental impact statement, suggesting further delays.

2. Hampden County, Massachusetts – The small Commonwealth city of Agawam, just outside of Springfield, is the latest site of a Massachusetts uproar over battery storage…

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Q&A

What Happens After a Battery Fire

A conversation with San Jose State University researcher Ivano Aiello, who’s been studying the aftermath of the catastrophe at Moss Landing.

Ivano Aiello.
Heatmap Illustration

This week’s conversation is with Ivano Aiello, a geoscientist at San Jose State University in California. I interviewed Aiello a year ago, when I began investigating the potential harm caused by the battery fire at Vistra’s Moss Landing facility, perhaps the largest battery storage fire of all time. The now-closed battery plant is located near the university, and Aiello happened to be studying a nearby estuary and wildlife habitat when the fire took place. He was therefore able to closely track metals contamination from the site. When we last spoke, he told me that he was working on a comprehensive, peer-reviewed study of the impacts of the fire.

That research was recently published and has a crucial lesson: We might not be tracking the environmental impacts of battery storage fires properly.

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