The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Spotlight

A Solar Developer Strikes Back at ‘Corrupt’ Officials in Pennsylvania

Rockland Solar accuses East Fairfield, Pennsylvania, of “municipal extortion.”

An alleged bribe.
Heatmap Illustration/Getty Images

A solar developer is accusing a Pennsylvania town of requesting a $150 million bribe to get its permits, calling it “municipal extortion.”

Rockland Solar – a subsidiary of utility-scale solar developer Birch Creek – filed a federal lawsuit last week accusing officials in the northern Pennsylvania township of East Fairfield of intentionally moving the goalposts for getting permits to build over the span of multiple years. Rockland’s attorneys in the litigation describe the four officials controlling the township’s board of supervisors as engaging in “corrupt” behavior to deny the project, “ultimately culminating in the solicitation of a bride of more than $150,000,000” in exchange for approval of its application to develop land in the township.

The federal complaint scans as a horror story in solar development. Applications for Rockland Solar’s project were first filed in 2021 and granted approval from the township’s zoning officials in 2022, per the company’s legal complaint. But things seem to have gone south when Rockland Solar sought approval of its first land use application from the town, as replies to emails from town officials became scattershot and sporadic.

In August 2024, per the lawsuit, East Fairfield officials scheduled a crucial public meeting to decide whether to approve the application without notifying Rockland Solar itself, which the company claims was an intentional move “in corrupt and underhanded bad faith” meant “to consider, and then deny” the application “without providing due process.” According to the lawsuit, one of the reasons for the denial was that the project was located within the township – despite it already being approved by zoning officials.

Rockland Solar then took the town to Pennsylvania claims court over the decision because it was reached after a statutory deadline, according to the lawsuit. Amidst this legal fight, the company submitted a second application to build the project – making what the company says were many size and setback changes intended to address the reasons for the apparent denial. East Fairfield ultimately denied the project again. But the developer kept trying, negotiating in apparent good faith with the town’s lawyers to try and reach an agreement.

Then came the alleged request for a bribe. Per a letter cited in the legal complaint, officials asked the developer to pay the town annual payments every year the project was operating – starting at $5,000 and then increasing 25% “every year for the life of the facility,” and that land owners bordering the property would also need to be “compensated 10% of their current property value.” Rockland Solar’s attorneys calculated the annual payments alone to total at least $3 million in the thirtieth year of the project and $30 million a decade later.

Altogether, Rockland Solar’s attorneys landed on the whopping $150 million figure, stipulating that this figure doesn’t include the payments to neighboring property owners. The company argues that this “solicitation of money by a township commissioner to a developer” in exchange for “favorable treatment of a land use application” violated the state bribery statute.

I’ve seen a lot of conflict writing The Fight – including lots of lawsuits filed by developers and residents alike – but I’d never seen an escalation this profound. Normally, suing the town you’re building a project in is a bad idea because it can spoil the well of public trust. I can’t help but think this maneuver was a last resort for Rockland Solar.

It’s also quite rare to get an inside look at the negotiations between a developer and a town. We’re used to seeing community benefit agreements and compacts come and go and I’ve told you how those deals have mixed results. Rockland Solar is now a case study in perhaps one of the worst ways those talks can end up.

I reached out to Rockland Solar’s attorneys, as well as Birch Creek, but failed to hear back. I also tried to reach officials in East Fairfield to hear their take on these extraordinary claims, but no dice. Here’s hoping that writing this leads to them reaching out as well, because this is fascinating and I want to learn more for all of you!

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

Wind Industry Goes for Broke Against Trump

Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.

Donald Trump and a wind turbine.
Heatmap Illustration/Getty Images

Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.

As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.

Keep reading...Show less
Yellow
Hotspots

The Renewables Battle Underway in Arizona

And more of the week’s top fights around development.

The United States.
Heatmap Illustration/Getty Images

1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.

  • I’ve detailed how this county is a crucial battleground in the fight over local restrictions on renewable energy. So profound the conflict has been over renewables in Apache County that it helped spur a failed campaign to enact a statewide pause on wind development.
  • Well, the next engagement is underway: On June 3, the Apache County Planning and Zoning Commission recommended a temporary moratorium on future solar and wind development, responding to resident-run campaigns against specific projects.
  • I’ve noticed large advocacy non-profits have begun running hyperlocal letter campaigns to the Apache County Board of Supervisors asking pro-renewables voices to weigh in against the moratorium. Arizonans for a Clean Economy is running a sponsored ad on Google, resulting in a letter campaign popping up if you search renewable energy and the name of the state. “Send a letter today and ask your Supervisor to support policies that unleash Arizona’s energy potential while keeping costs low, conserving our water, and creating energy independence for Apache County,” their letter-writing website states.
  • Meanwhile, Veterans Power America, a national organization, is asking people to tell the board: “Clean energy projects can bring new revenue and economic opportunity to Apache County for Veterans like us. Don’t shut the door on progress.” (For what it's worth, I learned of this ad from anti-wind activists complaining about it on Facebook.)
  • What happens now is a procedural waiting game. The county will now go through a public notice and comment process ahead of formal consideration of the planning and zoning commission’s recommendations. While a decision isn’t imminent, I will be watching this one like the area’s sharp-shinned hawk.

2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.

Keep reading...Show less
Yellow
Q&A

What Would Make the Data Center Boom Popular?

A conversation with Mark Muro, senior fellow at the Brookings Institute’s metro policy program

Mark Muro.
Heatmap Illustration

Today’s conversation is with Mark Muro, senior fellow at the Brookings Institute’s metro policy program. Too often I’m asked, what’s the version of a data center boom that people like? I reached out to Muro because he recently coauthored research into the ways communities and data centers can potentially work together to build more mutually beneficial and popular industry growth. The conversation wound up perfect for The Fight, so I had to include it in full.

The following Q&A was lightly edited for clarity.

Keep reading...Show less
Yellow