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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.”
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The collateral damage from the Lava Ridge wind project might now include a proposed 285-mile transmission line initially approved by federal regulators in the 1990s.
The same movement that got Trump to kill the Lava Ridge wind farm Trump killed has appeared to derail a longstanding transmission project that’s supposed to connect sought-after areas for wind energy in Idaho to power-hungry places out West.
The Southwest Intertie Project-North, also known as SWIP-N, is a proposed 285-mile transmission line initially approved by federal regulators in the 1990s. If built, SWIP-N is supposed to feed power from the wind-swept plains of southern Idaho to the Southwest, while shooting electrons – at least some generated from solar power – back up north into Idaho from Nevada, Utah, and Arizona. In California, regulators have identified the line as crucial for getting cleaner wind energy into the state’s grid to meet climate goals.
But on Tuesday, SWIP-N suddenly faced a major setback: The three-person commission representing Jerome County, Idaho – directly in the path of the project – voted to revoke its special use permit, stating the company still lacked proper documentation to meet the terms and conditions of the approval. SWIP-N had the wind at its back as recently as last year, when LS Power expected it to connect to Lava Ridge and other wind farms that have been delayed by Trump’s federal permitting freeze on renewable energy. But now, the transmission line has stuttered along with this potential generation.
At a hearing Tuesday evening, county commissioners said Great Basin Transmission, a subsidiary of LS Power developing the line, would now suddenly need new input, including the blessing of the local highway district and potential feedback from the Federal Aviation Administration. Jerome County Commissioner Charles Howell explained to me Wednesday afternoon that there will still need to be formal steps remanding the permit, and the process will go back to local zoning officials. Great Basin Transmission will then at minimum need to get the sign-offs from local highway officials to satisfy his concerns, as well as those of the other commissioner who voted to rescind the permit, Ben Crouch.
The permit was many years old, and there are outstanding questions about what will happen next procedurally, including what Great Basin Transmission is actually able to do to fight this choice by the commissioners. At minimum, staff for the commission will write a formal decision explaining the reasoning and remand the permit. After that, it’ll be up to Great Basin Transmission to produce the documents that commissioners want. “Even our attorney and staff didn’t have those answers when we asked that after the vote,” Howell said, adding that he hopes the issues can be resolved. “I was on the county commission about when they decided where to site the towers, where to site the right-of-ways. That’s all been there a long time.”
This is the part where I bring up how Jerome County’s decision followed a months-long fight by aggrieved residents who opposed the SWIP-N line, including homeowners who say they didn’t know their properties were in the path of the project. There’s also a significant anti-wind undercurrent, as many who are fighting this transmission line previously fought LS Power’s Lava Ridge wind project, which was blocked by and executive order from President Donald Trump on his first day in office. Jerome County itself passed an ordinance in May requiring any renewable energy facility to get all federal, state, and local approvals before it would sign off on new projects.
Opposition to SWIP-N comes from a similar place as the “Stop Lava Ridge” campaign. Along with viewshed anxieties and property value impacts, SWIP-N, like Lava Ridge, would be within single-digit miles of the Minidoka National Historic Site, a former prison camp that held Japanese-Americans during World War II. In the eyes of its staunchest critics, constructing the wind farm would’ve completely damaged any impact of visiting the site by filling the surroundings of what is otherwise a serene, somber scene. Descendants of Minidoka detainees lobbied politicians at all levels to oppose Lava Ridge, a cause that was ultimately championed by Republican politicians in their fight against the project.
These same descendants of Japanese-American detainees have fought the transmission line, arguing that its construction would inevitably lead to new wind projects. “If approved, the SWIP-N line would enable LS Power and other renewable energy companies to build massive wind projects on federal land in and around Jerome County in future years,” wrote Dan Sakura, the son of a Minidoka prisoner, in a September 15 letter to the commission.
Sakura had been a leading voice in the fight against Lava Ridge. When I asked why he was weighing in on SWIP-N, he told me over text message, “The Lava Ridge wind project poisoned the well for renewable energy projects on federal land in Southern Idaho.”
LS Power did not respond to a request for comment.
It’s worth noting that efforts have already been made to avoid SWIP-N’s impacts to the Minidoka National Historic Site. In 2010, Congress required the Interior Secretary to re-do the review process for the transmission line, which at the time was proposed to go through the historic site. The route rejected by Jerome County would go around.
There is also no guarantee that wind energy will flock to southern Idaho any time soon. Yes, there’s a Trump permitting freeze, and federal wind energy tax credits are winding down. That’s almost certainly why the developers of small nuclear reactors have reportedly coveted the Lava Ridge site for future projects. But there’s also incredible hostility pent up against wind partially driven by the now-defunct LS Power project, for instance in Lincoln County, where officials now have an emergency moratorium banning wind energy while they develop a more permanent restrictive ordinance.
Howell made no bones about his own views on wind farms, telling me he prefers battery storage and nuclear power. “As I stand here in my backyard, if they put up windmills, that’s all I’m going to see for 40 miles,” he said
But Howell did confess to me that he thinks SWIP-N will ultimately be built – if the company is able to get these new sign-offs. What kind of energy flows through a transmission line cannot ultimately affect the decision on the special use permit because, he said, “there are rules.” On top of that, Idaho is going to ultimately need more power no matter what, and at the very least, the state will have to get electrons from elsewhere.
Howell’s “non-political” answer to the fate of SWIP-N, as he put it to me, is that “We live on power, so we gotta have more power.”
The week’s most important news around renewable project fights.
1. Western Nevada — The Esmeralda 7 solar mega-project may be no more.
2. Washoe County, Nevada – Elsewhere in Nevada, the Greenlink North transmission line has been delayed by at least another month.
3. Oconto County, Wisconsin – Solar farm town halls are now sometimes getting too scary for developers to show up at.
4. Apache County, Arizona – In brighter news, this county looks like it will give its first-ever conditional use permit for a large solar farm, EDF Renewables’ Juniper Spring project.
5. Putnam County, Indiana – After hearing about what happened here this week, I’m fearful for any solar developer trying to work in Indiana.
6. Tippecanoe County, Indiana – Two counties to the north of Putnam is a test case for the impacts a backlash on solar energy can have on data centers.
A conversation with Spencer Hanes of EnerVenue
Today’s conversation is with Spencer Hanes, vice president of international business development for long-duration battery firm EnerVenue and a veteran in clean energy infrastructure development. I reached out to Hanes for two reasons: One, I wanted to gab about solutions, for once, and also because he expressed an interest in discussing how data center companies are approaching the media-driven battery safety panic sweeping renewable energy development. EnerVenue doesn’t use lithium-ion batteries – it uses metal-hydrogen, which Hanes told me may have a much lower risk of thermal runaway (a.k.a. unstoppable fire).
I really appreciated our conversation because, well, it left me feeling like battery alternatives might become an easy way for folks to dodge the fire freakout permeating headlines and local government hearing rooms.
This conversation has been lightly edited for clarity.
From a developer’s perspective, if you’re working in utility-scale battery development, why ditch lithium-ion batteries?
My first battery project was at Duke Energy in 2010. It was a lead-acid battery project in Texas. It was the first time we’d incorporated batteries into a renewables project, and it was probably the biggest in the northern hemisphere. Now I don’t even think it is the biggest in Texas, but it was a big step forward.
What developers are finding is that lithium batteries don’t last as long as the developers would like them to. That means they’ve got a shelf life of 7,000 cycles, maybe 8,000 cycles, and it depends on how you use them – lithium ion batteries have to perform under the perfect environment or they can be damaged. Our batteries, on the other hand, are incredibly flexible, and we have a much more robust product that we think is safer and longer lasting than lithium – which has its place, but there are more and more safety issues around it. [There’s] virtually no risk of thermal runaway with our battery.
So I recently had a lithium-ion battery explode on me for the first time – it sparked up and fused to an electrical cable. It was very surprising, and as someone who writes about this stuff a lot, it still took me aback. As someone who is interacting with folks in data center development spaces, seeking battery storage for their operations, how are they digesting the anxieties around battery failures?
Well, the good news is that the data center developers are just trying to get electrons where they can find them. It's hard to find any sort of generation resource right now. Solar and batteries are just the easiest to find.
The safety piece is always going to be top of mind, though. They’re going to build redundancies into their battery projects, wall them off and containerize different batteries so if there’s a spark it doesn’t propagate.
Because data centers need electrons quickly right now, these companies are immune to the battery safety anxieties percolating in the public right now?
Yeah. They’ve been using them for a long time, they’re familiar with them. But the data centers and the big power users are sometimes stressing the lithium-ion batteries in ways they can no longer handle.
Do you feel like data center companies, big power users, do they get the inherent risks from a social license perspective and a siting perspective in using big lithium-ion batteries?
I think a lot of battery projects are being developed in containers because of fire issues, so if there is an issue it’s contained, and that’s a best practice right now.
What would be better is if there was a zero risk of thermal runaway. I think there’s a growing need for other technologies to come along that are safer and more utility-grade, able to serve multiple purposes. But the data center companies are very smart about how they’re developing, and they’re not going to do it in a way that creates problems for other parts of the data center.
Are there ways to avoid building out a lot of batteries? Maybe minimizing how many batteries are used on site, or how much infrastructure needs to be put on site to minimize fire risk?
I think unfortunately it's largely a case by case determination in where you are. I’m running across more and more engineering firms that aren’t comfortable with even the safest batteries being inside a building. Now, everyone wants them containerized because a thermal runaway event is a catastrophic risk no one wants to take.
EnerVenue has a product that fits that profile. There are many others that fit that profile, as well. We need many more options of technologies that can fit the bill. Lithium has a really important role in our society, doing well enough in phones and laptops, but we think we have a competitive offering for grid scale energy storage.
From your vantage point, do you see data center development as the growth area for storage in the U.S. right now?
A year ago I’d get a call once a quarter, and now I’m fielding calls every month. It's because there’s such a crunch on generation. If you put a battery with a data center … everybody wants to say the centers are operating 99.9% of the time, but they’re also not operating at 100% capacity all day, so if they can generate electricity and store it in a battery to use when rates are cheaper or when there’s a constraint on the grid, that’s a benefit to them.