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And what renewables can learn from it.
A sprawling multi-state carbon pipeline appears easier to permit and build than wind and solar farms in red states, despite comments the president-elect or his team may have said on the campaign trail. And the answer has to do with more than just the potential benefits for oil and gas.
The Summit Carbon Solutions CO2 pipeline network would criss-cross five states – Iowa, Minnesota, Nebraska, and the Dakotas – connecting dozens of ethanol “biorefinery” plants to carbon sequestration sites for storing CO2 captured while producing the agri-fuel. On paper Summit has its work cut out for it in ways not dissimilar to the troubles facing solar and wind. Land use issues, ecological concerns, the whole lot. And its work has become controversial amongst a myriad of opposition groups I often write about like rural farmers and, of course, conspiratorial NIMBYs – chief among them Vivek Ramaswamy and Robert F. Kennedy Jr., two members of the incoming Trump administration.
But Ramaswamy and RFK Jr.’s presence is providing cold comfort compared to the selection of North Dakota Gov. Doug Burgum – a vocal supporter of the project – to be Interior Secretary.
“We’re screwed,” wrote Dawn Shepard, a North Dakotan opposed to the project, on Facebook after the selection was announced. “He will get all Carbon Capture projects approved. I thought Republicans and Trump, included, didn’t believe in climate change. Trump’s not keeping his word.”
It’s not exactly that simple, and its debatable whether Summit’ll actually help address climate change, but the premise is true: Trump’s election may just assure the pipeline’s completion, if all things go its way.
“Those appointments are definitely a big thumb on the scale of the pipeline going through,” said Mark Hefflinger of Bold Alliance, one of the activist networks fighting the pipeline project.
In my conversations with activists and the company, it doesn’t appear there’s any easy way for the Interior Department – which oversees all federal land use – to grease all of the skids for Summit, so to speak. But there are a number of factors in its favor now: the pipeline will still require Army Corps of Engineers permits for water body crossings and those tend to require environmental reviews that heavily involve Interior. At the same time, all sides expect the Interior Secretary and likely Energy Secretary Chris Wright (an oil magnate) to champion beneficial Inflation Reduction Act tax credits for carbon capture, sequestration, and utilization in tax talks early next year.
All the while, most state-level regulators have finished or are completing approvals of the pipeline, with the exception of South Dakota where Summit on Tuesday resubmitted its permitting application to the state’s Public Utilities Commission. While I’ve been told the company didn’t substantially adjust its routing in response to the failed ballot initiative, executives certainly did change plans to elide a repeat rejection from the commission after it said no to pipeline plans last year.
“Our efforts involved spending more than a year driving county roads, knocking on doors, and having meaningful, face-to-face conversations with landowners,” Sabrina Zenor, Summit’s director of stakeholder engagement and corporate communications, told me. “These conversations guided our approach.”
There’s a lot that could still go awry for Summit. They could lose legal battles in Iowa that send them back to the drawing board in a crucial hub for corn and ethanol and where public opinion may be souring on the developer. South Dakota could be its own ball of wax, given how passionate the opposition in the state is.
Trump’s comments on the matter have been vague, indicating he’s … well, being very Trump about this. “Well, you know, we’re working on that,” Trump said when asked about the pipeline at an Iowa primary event last year. “And you know, we had a plan to totally — it’s such a ridiculous situation, isn’t it? But we had a plan, and we would have instituted that plan, and it was all ready, but we will get it — if we win, that’s going to be taken care of. That will be one of the easy things we do.”
Ultimately it may be with many issues: whoever’s in the room last with Trump could decide the pipeline’s fate.
But regardless, developers of renewables and battery storage could take away a few lessons from the pipeline network.
Walt Bones, the former head of South Dakota’s Agriculture Department, is one of the landowners currently negotiating a financial agreement for land use with Summit. He’s a farmer, and like many farmers we write about here at The Fight, he doesn’t support building stuff on or near his land if there’s going to be an impact on his crop yields. He told me that he believes the opposition in the state is largely the product of a rush to build by an over-zealous company seeking the maximum benefit from federal tax credits. And they spooked people, producing widespread skepticism of the pipeline.
“Summit did not help themselves any,” he said.
Now of course, there’s lots of concerns about CO2 pipelines’ environmental impacts and the risk of them going, well, kablooey. But unlike how some farmers skeptically view agri-voltaics (e.g. dual use solar), the thought of a pipeline beneath the earth gives Bones – a former farm regulator – no qualms. And the reasoning is simple: He doesn’t believe the pipeline, which will be buried, will impact his farming at all. And ethanol – unlike solar or wind – will feed demand for more farming.
“Basically zero impact to our land. We’ll still be able to farm over it. We’ll still be able to graze over it with our cows,” he said. “I know what the value is … [it’ll] guarantee the future viability of corn.”
So where does this leave us? It’s likely Bones doesn’t represent every farmer. But maybe there’d be a benefit in renewable developers focusing on finding ever-more ways to create a fly-wheel where solar and wind energy generation creates more business for farmers. Clearly, the sheer footprint of a utility scale solar or wind project can be more impactful than a thin pipeline crossing a property.
And I guess they should also make more politically powerful friends in the Dakotas.
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Conservationists in Wyoming zero in on a vulnerability anti-wind activists are targeting elsewhere: the administration’s species protection efforts.
Wildlife conservationists in Wyoming are asking the Trump administration to block wind projects in their state in the name of protecting eagles from turbine blades.
The Albany County Conservancy, a Wyoming wildlife advocacy group, sent letters on February 11 and 18 to Interior Secretary Doug Burgum, Energy Secretary Chris Wright, and Attorney General Pam Bondi. In the letters, which I obtained, the group asked the Trump officials to do everything in their power to halt Repsol’s Rail Tie and BluEarth’s Two Rivers wind projects, including suspending Two Rivers’ right-of-way from the Bureau of Land Management and even the interconnection grant for Rail Tie’s transmission line.
These letters show for the first time that onshore wind projects are dealing with the same Trump-centric back-channelling influence campaigns we reported advocates and attorneys are waging in the offshore wind permitting space. The letters make some big requests. But the Conservancy is playing the chess game well, zeroing in on a vulnerability other wind opponents are also targeting: the administration’s species protection efforts.
Wyoming is crucial to the survival of golden eagles, a raptor bird species protected under multiple federal laws, including a 1940 conservation statute for golden as well as bald eagles. The state is home to what conservationists say is one of the largest breeding populations for golden eagles. But the species is struggling, with most recorded golden eagle deaths caused by humans. Some of these deaths have been tied directly to wind turbines.
The Rail Tie and Two Rivers projects concern Mike Lockhart, an ex-biologist for the Fish and Wildlife Service with a specialty in eagle conservation. For years Lockhart, who lives in the area and is a plaintiff in the lawsuit, has studied how the wind industry has impacted golden eagles and believes the government severely undercounts how many birds are being hurt by turbine blades.
In order to build in areas with golden eagles, developers need so-called “incidental take” authorizations, e.g. approvals to disturb or accidentally harm the species throughout the course of construction or operation of a wind project. He told me that data he and the Conservancy submitted to regulators shows that golden eagles will die if these wind farms turn on. “I’m a big renewable energy advocate,” he said. “I’m also horrified by what I’m seeing in Wyoming. We really didn’t understand the full scope of what these three-bladed wind turbines mean.”
It’s worth noting that renewable energy industry groups deny wind energy is playing a role in the size of the golden eagle population.
The Interior Department, which oversees the Bureau of Land Management and the incidental take process, declined to comment on the requests. So did BluEarth. Repsol said it was unable to provide a comment by press time.
On his first day in office, President Trump issued an executive order that halted new federal approvals for U.S. wind projects, pending a comprehensive review of the government’s past treatment of the wind industry, including its efforts to protect birds from turbines. Trump’s order claimed there were “various alleged legal deficiencies underlying the federal government’s leasing and permitting of onshore and offshore wind projects, the consequences of which may lead to grave harm – including negative impacts on navigational safety interests, transportation interests, national security interests, commercial interests, and marine mammals.” It also claimed there were “potential inadequacies in various environmental reviews” for wind projects. And indeed, a 2023 Associated Press investigation found federal enforcement in eagle protection laws declined under the Trump 1.0 and Biden administrations, even as wind energy blossomed in the species’ habitat.
As we reported last week, opponents of offshore wind have joined hands with well-connected figures in the conservative legal space to lobby Trump’s team to revoke incidental take authorizations previously issued to offshore wind projects. Doing so would rattle all offshore wind development as well as raise concerns about scientific independence at the issuing agency, the National Oceanic and Atmospheric Administration.
As with offshore wind and whales, Wyoming and its eagles offer Trump a situation he wants. In this case, it’s an opportunity to look tough on crime while attacking wind. A Trumpian disruption of the state’s wind sector would also create high profile controversy around what has otherwise been a success story for wind energy growth in a GOP stronghold state.
The Conservancy is represented by William Eubanks, a veteran public interest environmental lawyer who sent the letters on the group’s behalf. Prior to sending the letter, they were already in litigation over Rail Tie’s take approvals and the government permits that followed, providing a potential avenue for regulatory and permitting changes through legal settlement. The Conservancy also warned the Trump team that another lawsuit over Two Rivers could soon be in the offing. One letter stated that officials’ time “would be better spent reevaluating” the project to “ensure compliance with federal law (and President Trump’s Executive Order on wind projects), rather than in federal court.”
Eubanks — who has dedicated his life to fighting various potential industrial impacts to the environment, including fossil fuel pollution — told me that cases against renewable projects are a “really small part” of his firm’s “overall docket.” Eubanks told me he believes climate change must be addressed quickly. “It’s a serious issue, it is here, it is looming, and we need to do something about it,” he said. And he thinks that the nation needs to construct more renewable energy.
Yet Eubanks also says these two wind projects are a perfect example of a “rush through these processes” to get “the green light as soon as possible.” In his view, it’s the same way he’s treated oil and gas projects when fossil-friendly presidents put their own thumbs on the scale.
“We’re not just looking at this as, it’s a solar project or a wind project that gets some sort of ‘green pass,’” Eubanks added. “There’s a difference of opinion in the conservation community … a black or white thinking approach of, if something is a renewable energy project — no matter how poorly sited it is, no matter who poorly analyzed if at all it has been under environmental law — there are some conservation groups who, for better or worse, will just say, we’re not going to get involved in commenting on that or going the extra step of challenging it in court because we have to address the issue of our time: climate change.”
Lockhart told me he knows that the Trump administration is undercutting climate action with its anti-wind position. And he doesn’t like that. “I’m a supporter of green energy and want to do everything possible to reverse climate change,” he told me.
But he sees a silver lining in Trump potentially intervening. “I’m hoping it makes agencies go back and focus on what’s really going on, all the cumulative impacts and everything else.”
And more of the week’s top conflicts around renewable energy.
Here’s what else I’m watching …
In Massachusetts, anti-wind activist Mary Chalke is running for a seat on the select board for the town of Nantucket. She’s well known for wearing a whale costume to protests.
In North Carolina, local pro-wind advocates hope Duke Energy’s land-based wind projects will be safe from the Trump administration.
In Washington State, Whitman County has imposed a wind moratorium.
In Virginia, Apex Clean Energy’s Rocky Forge solar project has survived a legal challenge.
And more of the week’s top policy news.
1. New NEPA world – The Trump White House overnight effectively rescinded all implementing rules for the National Environmental Policy Act, a key statute long relied on by regulators for permitting large energy and infrastructure projects.
2. Our hydrogen hero – Senate Environment and Public Works Chair Shelley Moore Capito this week came out against any freeze for a hydrogen hub with projects in her state, indicating that any clampdown on H2 projects from the federal level may get Republican pushback.
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