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Here’s where the real risks lie for the solar industry.
Solar energy so far is avoiding the Trump-era challenge posed to wind energy. But it’s unclear the good times will continue, as chaos reigns in Washington and threats loom on the horizon.
Last week, Trump issued a 60-day pause on all permits for solar projects on federal lands. Many solar projects are not sited on federal lands, so there’s little Trump could do in the short term to stop those projects. But some utility scale projects definitely are on federal lands in the Southwest, most often in Nevada, where considerable opposition exists in rural, untouched pockets of the state. Several sit in various stages of the permitting process. In fact, there are over 12 gigawatts worth of challenged projects currently planned for the state, according to Heatmap Pro’s database.
Developers and industry representatives I spoke with believe Trump will lift this pause on permits and let the solar projects flow through the pipeline. EDF Renewables, whose Bonanza solar farm was approaching the end of the permitting process when Trump came into office, told me they “have no reason to believe that the project should not be approved.” Balanced Rock Power, the developer of the Samantha solar project in Nevada which is in the early stages of permitting, told me the company is “continuing to work closely with” agencies “to complete all the major milestones on schedule.”
“President Trump has specifically said that he loves solar – and as energy demand soars, we know that solar is the most efficient and affordable way to add a lot of energy to the grid, fast,” Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association, told me in a statement.
But there’s a quiet unease amongst some in the sector about whether recent actions around permits and federal funding mean the next shoe to drop is going to hit them.
Trump’s got complaints about solar and land use, including those he made in that presidential debate immediately after the “big fan” comment. There was also an interview with Fox News last week where he came out against utility-scale solar projects. “You know what else people don’t like,” Trump told host Sean Hannity. “Those massive solar fields built over land that covers 10 miles by 10 miles. I mean, they’re ridiculous, the whole thing.”
Brendan Bell, a top executive at asset manager Aligned Capital and a former senior official in DOE’s loan programs office, told me the biggest question in solar right now is “whether they can do anything to stop it.”
“If you’re developing a project on BLM land, you’re probably putting that on the backburner,” said Brendan Bell, a top executive at asset manager Aligned Capital. Bell served as director of strategic initiatives for the Energy Department’s Loan Programs Office under the Obama administration. “But that’s not the only place we build solar projects.”
Indeed, from a permitting perspective, it may prove quite tricky to undermine solar projects. Even on BLM land. That’s because permitting decisions and even indecision can be litigated. Rarely does the Bureau of Land Management actually deny projects – of any fuel type – so a step change against solar would require a wholescale change to how permitting staff ordinarily operate.
The most serious threat, in my view, is actually whether the Trump administration will take on the “protect farmland” mantle that activists in some states have used to derail large-scale solar projects. Under the Farmlands Protection Policy Act, the Agriculture Department is tasked with minimizing how federal programs impact the conversion of farmland to non-agricultural uses, attorney Bob Greenslade told me in an email. Farmland impacts “may be relevant” now to renewable energy development in any area with a federal nexus, including land use.
And there’s a nascent effort to strip tax credits from renewables projects sited on farmland. On Tuesday, Republican congressman Tom Tiffany of Wisconsin announced he would reintroduce legislation to disqualify renewables projects from receiving tax benefits under the Inflation Reduction Act if their project is on “prime farmland,” a term of art defined by the Agriculture Department.
Mark Fowler, director of government affairs for Ameresco, told me that he believes tax credits and access to federal funds will be a bigger issue for solar than permitting in the immediate term, especially in light of the (now lifted) Trump freeze on discretionary funds. Ameresco is an integrator and developer of renewable energy projects. “The biggest thing right now is uncertainty around the tax credits. The discussion right now is they’re going to change in some form the IRA tax credits. We don’t know what the changes are going to look like.”
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A conversation with Carl Fleming of McDermott Will & Emory
This week we’re talking to Carl Fleming, a renewables attorney with McDermott Will & Emory who was an advisor to Commerce Secretary Gina Raimondo under the Biden administration. We chatted the morning after the Trump administration attempted to freeze large swathes of federal spending. My goal? To understand whether this chaos and uncertainty was trickling down into the transition as we spoke. But Fleming had a sober perspective and an important piece of wisdom: stay calm and remain on course.
The following conversation has been lightly edited for clarity.
How are you seeing the private sector respond to all of this news?
My view is, you can read a lot into what people publish in the EOs and what’s written and what’s issued and you can sometimes read a good deal into what hasn’t been issued and what hasn’t been said. In the executive orders that got first issued in a flurry we saw a few that got pointed directly at onshore wind, some on offshore wind, but solar and standalone storage – as predicted – remained pretty much intact.
We were under the impression and we stood by it that we had the guidance in hand, bankable guidance, from the IRS prior to the change in administration and prior to any look-back window that people had been transacting on over the past year at kind of a record pace. Standalone storage has just had a breakout year. Solar continues to go, to continue to be put on the grid. And we also have manufacturing of solar panels, the domestic supply chain. This year we stood up is nowhere near what we need to fulfill our requirements to get everything we need to do domestically to fill our generation requirements [but] its a pretty great step in the right direction. And those credits have been pretty good to the economy and Republican states.
The way I’ve seen people react is, I’ve probably been busier than ever the past two weeks, not only fielding questions like that but also for tax credit transfers, all of the corporates we work with. We work in both the buy and the sell side of all these credit transfers. We’re working with a lot of solar module manufacturers to sell the credits under the IRA. We’re working with a lot of buyers to purchase those credits. And we’re working with the buyers and sellers under the generation of these projects.
All of the buyers have come out and continued with their 2025 strategy to buy more of these credits, if not more so. And all of the developers we represent continue to produce more of these credits. So I haven’t seen a hiccup or slowdown in actual transactions. If anything, I’ve seen stuff pick up in the solar space and in the manufacturing space. I continue to be very optimistic about those two fundamental parts of the energy transition, because if you need to go be an energy superpower, you wouldn’t want to turn off solar, turn off storage –
Is that argument that if you were trying to deal with “energy security,” you wouldn’t turn off solar and storage – is that enough to assuage uncertainty in the investor space?
I think it’s helpful. If you’re a private equity investor or you’re any sort of lender or a developer, you’re probably not going to base your whole model on the hopes that our energy security strategy syncs up with what most people think it should look like. But when you layer it on top of some of the fundamentals… I want to say that solar did not go away eight years ago. When Trump first came in, we saw more renewables deployed in his administration. At times, we saw more beneficial guidance, issuance of tax guidance under that administration, than we would hope for from some more favorable administrations.
The fact that the IRA has disproportionately benefited red states is just a fact that can’t be overlooked. I met with a group of about two dozen lawmakers a few weeks ago to talk about the IRA and there’s quite a few of those folks in the room that say, “Whatever we do, we can’t dismantle the IRA.”
But how has the chaos in the last week and a half impacted investment in renewable energy, though?
I think the renewable energy industry is used to a lack of predictability. It’s kind of a lawyer’s job, our team’s job, to help folks mitigate risk [and] to see what potential pitfalls there may be and to structure and draft around those.
You might see as things get more unpredictable, as folks go out to investors to raise capital, you might see a little bit of tightening around different portfolios or different types of companies based on their pipelines or how they’re put together. But I think one investor’s look on a project or pipeline may vary widely from another investor who’s got a different project or pipeline. There’s a lot of capital out there to be deployed. I think people are looking to invest.
I think you just need to partner the right developers with the right investors.
Are you seeing any slowdown in solar investment though?
I don’t see folks taking a hardline approach or stopping any time soon.
This is not an existential crisis while the ITC [investment tax credit] and PTC [production tax credit] exist. It’s not even, could you go back in time to unwind these credits. It’s moreso, going forward, what will the IRA look like? Will there be additional technologies added to the IRA? That’s possible to help stand up other technologies. Will the runway for the credit, instead of it being unlimited for at least 10 years, will [it] be pared back a bit? There’s potential, but it’s unlikely.
Okay last question and it’s a fun one: what was the last song you listened to?
I’m not going to lie, I’m an Eagles fan. And I’m from Philly and a huge Meek Mill fan. So “Uptown Vibes” by Meek Mill is in the car.
1. Freeze, don’t move – The Trump administration this week attempted to freeze essentially all discretionary grant programs in the federal government. A list we obtained showed this would halt major energy programs and somehow also involve targeting work on IRA tax credits.
2. Sorry, California – The Bureau of Ocean Energy Management canceled public meetings on the environmental impact statement for offshore wind lease areas in California, indicating the Trump wind lease pause will also affect pre-approval activities.
3. Idaho we go – Idaho Gov. Brad Little this week signed an executive order dubbed the SPEED Act aimed at expediting all energy projects, including potentially renewables, transmission, and mining projects.
And more of the week’s top news in renewable energy fights.
1. Atlantic County, New Jersey – The Atlantic Shores offshore wind project is on deathwatch.
2. Waldo County, Maine – The Sears Island saga is moving to the state legislature, as a cadre of lawmakers push to block construction of a floating offshore wind turbine construction facility there before Trump leaves office.
3. San Luis Obispo County, California – The Moss Landing battery fire has sparked a new push for the state to slow approvals for BESS development. Unlike Sears Island, the push is being led by a Democratic lawmaker who has supported rapid climate action.
4. Greene County, New York – A solar farm fight is testing whether the state of New York’s climate law can be used to override local opposition to renewables projects.
5. Logan County, Ohio – The Ohio Public Siting Board held a hearing on Tuesday to consider the environmental certificate for EDF Renewables’ Eastern Cottontail solar project.
6. Multnomah County, Oregon – A transmission line proposal known as the Harborton Reliability Project is facing hurdles in the city of Portland, where city planners are recommending the city reject plans to cut down forest to build it.
Here’s what else we’re watching ...
In Idaho, Ada County is drafting up a new restrictive ordinance related to renewables on farmland.
In Virginia, a Savion solar project in Nelson County is facing an uphill climb for local approvals.