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Spotlight

Trump’s Solar Permitting Pause Is Over, BLM Says

Developers have yet to see the approvals start flowing, however.

Trump and solar panels.
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The Bureau of Land Management claims that Trump’s pause on solar energy permitting is no longer in effect — though no permits have yet come of it.

President Trump paused permitting for solar as well as wind projects for 60 days via executive order on his first day in office. The expiration date on that pause was technically last Friday, and in an exclusive statement to Heatmap, BLM spokesperson Brian Hires said “there is currently no freeze on processing renewable applications for solar” or “making authorization decisions” on projects.

Hires also said all transmission for wind projects is now allowed to advance through federal permitting, a statement that arrives after the agency indicated in emails I obtained that it may soon approve wires for a wind project in Wyoming sited on private land. BLM also approved a transmission project for a solar farm earlier this month, a decision it made public with a press release that also declared solar was part of the president’s “energy dominance” agenda.

This might sound like good news. But I’m going to wait and see before declaring the permitting pause for solar officially dead because we’ve yet to see a solar farm on federal lands permitted under Trump 2.0.

As we reported in February, a leaked industry memo outlined how Trump’s permitting freeze led to chaos and delays for solar energy developers who found that agencies on the fringes of the process — such as the Army Corps of Engineers — were suddenly dragging their feet on crucial permits. Even after the Army Corps told me it was no longer delaying solar permits, I heard conflicting tales from developers, who said there was a disconnect between the public line and government inaction behind the scenes.

A D.C. solar industry lobbyist who requested anonymity to speak candidly on the matter said they’ve yet to receive any clarity on whether the pause has actually been lifted and whether permits will actually be issued now. The source said they’ve heard little from state BLM offices or staff in Washington about what projects may be approved, and that the Interior Department — which oversees BLM — has been “weirdly opaque” with solar developers so far in Trump’s term.

“We can’t get straight answers,” the lobbyist said.

BLM told me the pause is still in effect for wind projects sited on federal lands and in federal waters, pending completion of a comprehensive government review of the wind sector’s environmental and national security implications. There’s been no timetable or deadline set for finishing that review, which has so far been conducted in secret. The agency did not provide me with any information on that study.

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Spotlight

Trump Keeps Wind Farms Waiting Despite Court Ruling

The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.

Trump measuring wind turbines.
Heatmap Illustration/Getty Images

A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.

Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.

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Q&A

Why a Climate Law Expert Sees ‘Small Glimmers of Hope’

Talking about the data center backlash, the midterm elections, and the future of renewables with Columbia Law School’s Romany Webb.

Romany Webb.
Heatmap Illustration/Getty Images

This week’s conversation is a quick catch-up with our friends at Columbia Law School’s Sabin Center for Climate Change Law. I hopped on the phone with the center’s deputy director Romany Webb to chat about recent updates they published to anti-renewables opposition analysis. I wanted to dig into their research beyond the toplines — what should people care about in the coming election? How have data centers come up in their research? Or the repeal of the Inflation Reduction Act?

The following conversation was lightly edited for clarity.

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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

The United States.
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1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

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