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On Biden’s 2024 tightrope, climate lawsuits, and flood insurance
Current conditions: Severe storms dropped hail stones on Madrid • More than 500 people have died during a heat wave in Pakistan • A home near Minnesota’s failing Rapidan Dam was swept into the raging Blue Earth River.
President Biden and former President Donald Trump will meet in Atlanta tonight for the first presidential debate of 2024. The head-to-head comes as millions of Americans endure extreme weather events – from dangerous heat waves to wildfires to unprecedented flooding – made worse by climate change and our use of fossil fuels. If climate change comes up at the debate (and it may not), it’ll be interesting to see how both candidates handle it. Trump will probably attack Biden for cracking down on the fossil fuel industry. And while oil and gas production is soaring under Biden, he may not want to draw attention to that particular accolade as he vies for young progressive voters and touts his green agenda. “The dynamic could force Biden, who has made fighting climate change a pillar of his second-term pitch, to walk a rhetorical tightrope,” E&E Newsnoted.
A new report finds that climate lawsuits have risen in the last 20 years. While the overall number of cases has leveled off slightly recently, those filed against companies (as opposed to governments) are growing. About 230 were filed between 2015 and 2023, and the majority of those were launched in the last three years, according to the Grantham Research Institute on Climate Change and the Environment. Here you can see the number of cases targeting corporations specifically since 2015:
Grantham Research Institute on Climate Change and the Environment
The report says the trend is driven in part by a rise in lawsuits targeting the “professional and financial services that enable the work of fossil fuel companies.” For example, marketing and advertising companies that create positive campaigns for oil and gas firms. And another factor here is sectors that rely heavily on fossil fuels (airlines, for example) but may attempt to “climate wash” by overstating their environmental initiatives. These kinds of corporate lawsuits are becoming more and more common, and more than 70% have been successful. The report concludes that “companies from many sectors are now at risk of being taken to court over the climate.”
Ford has chosen Long Beach, California, as the place where it will build its low-cost EV platform. The city’s mayor, Rex Richardson, announced the news yesterday. Ford has been bulking up its “secretive low-cost EV team” in recent months, hiring workers away from rivals like Rivian and Tesla. The Long Beach campus will open in early 2025 and house 450 employees who will focus on “developing a new generation of small, affordable vehicles,” according to Emma Bergg, a spokesperson for Ford’s EV division.
Many Midwesterners don’t have flood insurance that would help them cover the damage from recent flooding events, ABC News reported. In the parts of Iowa that were inundated over the weekend, less than 1% of single-family homes have flood insurance from the government. One reason is because residents don’t expect to be flooded because they don’t live near major rivers or in areas that have historically been at high risk. But climate change is making extreme rainfall more common. As Heatmap’s Jeva Lange explained, “put simply, a warmer atmosphere can hold more water, which means worse deluges.”
Rondo Energy, a Silicon Valley startup building “heat batteries” to replace fossil fuels in heavy industries, announced three new customers yesterday. As Heatmap’s Emily Pontecorvo reported, in just a few months’ time, the company has gone from serving a single industry — ethanol — at its pilot plant in California, to making deals around the globe that demonstrate the technology’s potential versatility. With grant funding from Breakthrough Energy Catalyst, as well as the European Investment Bank, the company will install three commercial-scale batteries at factories in Denmark, Germany, and Portugal. Each one will prove Rondo's compatibility with a different industry: In Denmark, the battery will be used to produce low-carbon biogas. In Germany, it will power a Covestro chemical plant that produces polymers. In Portugal, it will power a to-be-announced food and beverage factory.
Scientists are surprised to find that some small, low-lying islands in the tropics aren’t sinking even as sea levels rise due to climate change, The New York Times reported. Instead, it seems the islands can “adjust naturally” to the sea level changes, which offers a glimmer of hope to the islands’ residents.
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A conversation with VDE Americas CEO Brian Grenko.
This week’s Q&A is about hail. Last week, we explained how and why hail storm damage in Texas may have helped galvanize opposition to renewable energy there. So I decided to reach out to Brian Grenko, CEO of renewables engineering advisory firm VDE Americas, to talk about how developers can make sure their projects are not only resistant to hail but also prevent that sort of pushback.
The following conversation has been lightly edited for clarity.
Hiya Brian. So why’d you get into the hail issue?
Obviously solar panels are made with glass that can allow the sunlight to come through. People have to remember that when you install a project, you’re financing it for 35 to 40 years. While the odds of you getting significant hail in California or Arizona are low, it happens a lot throughout the country. And if you think about some of these large projects, they may be in the middle of nowhere, but they are taking hundreds if not thousands of acres of land in some cases. So the chances of them encountering large hail over that lifespan is pretty significant.
We partnered with one of the country’s foremost experts on hail and developed a really interesting technology that can digest radar data and tell folks if they’re developing a project what the [likelihood] will be if there’s significant hail.
Solar panels can withstand one-inch hail – a golfball size – but once you get over two inches, that’s when hail starts breaking solar panels. So it’s important to understand, first and foremost, if you’re developing a project, you need to know the frequency of those events. Once you know that, you need to start thinking about how to design a system to mitigate that risk.
The government agencies that look over land use, how do they handle this particular issue? Are there regulations in place to deal with hail risk?
The regulatory aspects still to consider are about land use. There are authorities with jurisdiction at the federal, state, and local level. Usually, it starts with the local level and with a use permit – a conditional use permit. The developer goes in front of the township or the city or the county, whoever has jurisdiction of wherever the property is going to go. That’s where it gets political.
To answer your question about hail, I don’t know if any of the [authority having jurisdictions] really care about hail. There are folks out there that don’t like solar because it’s an eyesore. I respect that – I don’t agree with that, per se, but I understand and appreciate it. There’s folks with an agenda that just don’t want solar.
So okay, how can developers approach hail risk in a way that makes communities more comfortable?
The bad news is that solar panels use a lot of glass. They take up a lot of land. If you have hail dropping from the sky, that’s a risk.
The good news is that you can design a system to be resilient to that. Even in places like Texas, where you get large hail, preparing can mean the difference between a project that is destroyed and a project that isn’t. We did a case study about a project in the East Texas area called Fighting Jays that had catastrophic damage. We’re very familiar with the area, we work with a lot of clients, and we found three other projects within a five-mile radius that all had minimal damage. That simple decision [to be ready for when storms hit] can make the complete difference.
And more of the week’s big fights around renewable energy.
1. Long Island, New York – We saw the face of the resistance to the war on renewable energy in the Big Apple this week, as protestors rallied in support of offshore wind for a change.
2. Elsewhere on Long Island – The city of Glen Cove is on the verge of being the next New York City-area community with a battery storage ban, discussing this week whether to ban BESS for at least one year amid fire fears.
3. Garrett County, Maryland – Fight readers tell me they’d like to hear a piece of good news for once, so here’s this: A 300-megawatt solar project proposed by REV Solar in rural Maryland appears to be moving forward without a hitch.
4. Stark County, Ohio – The Ohio Public Siting Board rejected Samsung C&T’s Stark Solar project, citing “consistent opposition to the project from each of the local government entities and their impacted constituents.”
5. Ingham County, Michigan – GOP lawmakers in the Michigan State Capitol are advancing legislation to undo the state’s permitting primacy law, which allows developers to evade municipalities that deny projects on unreasonable grounds. It’s unlikely the legislation will become law.
6. Churchill County, Nevada – Commissioners have upheld the special use permit for the Redwood Materials battery storage project we told you about last week.
Long Islanders, meanwhile, are showing up in support of offshore wind, and more in this week’s edition of The Fight.
Local renewables restrictions are on the rise in the Hawkeye State – and it might have something to do with carbon pipelines.
Iowa’s known as a renewables growth area, producing more wind energy than any other state and offering ample acreage for utility-scale solar development. This has happened despite the fact that Iowa, like Ohio, is home to many large agricultural facilities – a trait that has often fomented conflict over specific projects. Iowa has defied this logic in part because the state was very early to renewables, enacting a state portfolio standard in 1983, signed into law by a Republican governor.
But something else is now on the rise: Counties are passing anti-renewables moratoria and ordinances restricting solar and wind energy development. We analyzed Heatmap Pro data on local laws and found a rise in local restrictions starting in 2021, leading to nearly 20 of the state’s 99 counties – about one fifth – having some form of restrictive ordinance on solar, wind or battery storage.
What is sparking this hostility? Some of it might be counties following the partisan trend, as renewable energy has struggled in hyper-conservative spots in the U.S. But it may also have to do with an outsized focus on land use rights and energy development that emerged from the conflict over carbon pipelines, which has intensified opposition to any usage of eminent domain for energy development.
The central node of this tension is the Summit Carbon Solutions CO2 pipeline. As we explained in a previous edition of The Fight, the carbon transportation network would cross five states, and has galvanized rural opposition against it. Last November, I predicted the Summit pipeline would have an easier time under Trump because of his circle’s support for oil and gas, as well as the placement of former North Dakota Governor Doug Burgum as interior secretary, as Burgum was a major Summit supporter.
Admittedly, this prediction has turned out to be incorrect – but it had nothing to do with Trump. Instead, Summit is now stalled because grassroots opposition to the pipeline quickly mobilized to pressure regulators in states the pipeline is proposed to traverse. They’re aiming to deny the company permits and lobbying state legislatures to pass bills banning the use of eminent domain for carbon pipelines. One of those states is South Dakota, where the governor last month signed an eminent domain ban for CO2 pipelines. On Thursday, South Dakota regulators denied key permits for the pipeline for the third time in a row.
Another place where the Summit opposition is working furiously: Iowa, where opposition to the CO2 pipeline network is so intense that it became an issue in the 2020 presidential primary. Regulators in the state have been more willing to greenlight permits for the project, but grassroots activists have pressured many counties into some form of opposition.
The same counties with CO2 pipeline moratoria have enacted bans or land use restrictions on developing various forms of renewables, too. Like Kossuth County, which passed a resolution decrying the use of eminent domain to construct the Summit pipeline – and then three months later enacted a moratorium on utility-scale solar.
I asked Jessica Manzour, a conservation program associate with Sierra Club fighting the Summit pipeline, about this phenomenon earlier this week. She told me that some counties are opposing CO2 pipelines and then suddenly tacking on or pivoting to renewables next. In other cases, counties with a burgeoning opposition to renewables take up the pipeline cause, too. In either case, this general frustration with energy companies developing large plots of land is kicking up dust in places that previously may have had a much lower opposition risk.
“We painted a roadmap with this Summit fight,” said Jess Manzour, a campaigner with Sierra Club involved in organizing opposition to the pipeline at the grassroots level, who said zealous anti-renewables activists and officials are in some cases lumping these items together under a broad umbrella. ”I don’t know if it’s the people pushing for these ordinances, rather than people taking advantage of the situation.”