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The U.S. just made permitting easier for geothermal, but industry and lawmakers say we should be going farther.
The federal government is really excited about geothermal: A Department of Energy report published in March said that geothermal can “become a key contributor to secure, domestic, decarbonized power generation for the U.S.” — particularly the kind of clean, always available power that grids love.
Big companies are really excited about geothermal: A group comprised of Google, Microsoft, and Nucor, the steel company, together put out a request in March for power projects that could generate clean power 24 hours a day, including “next-generation geothermal” (i.e. projects that don’t require finding hot water or steam underground, but instead use drilling to apply fluid to already hot rocks).
But are the nation’s regulators — especially those who oversee public lands in the vast American West and Great Basin, where some of the nation’s hottest and shallowest rocks are located — excited about geothermal?
The answer matters tremendously. The Bureau of Land Management approves leasing for geothermal projects on some 245 million acres of land. This also means that geothermal projects often have to run the full gamut of federal environmental review at each stage of development. Over the decade or so that a geothermal project can take from start to finish, there may be as many six reviews mandated by the National Environmental Policy Act, according to the Institute for Progress, a technology policy think tank.
This week, the BLM alleviated part of that burden, saying Monday that it would apply two existing “categorical exclusions” – i.e. permissions to skip environmental review for certain actions — to geothermal exploration projects. This authority to adopt other agencies’ categorical exclusions (in this case from the Forest Service and the Navy) was included in the 2022 debt limit deal.
And yet, all the industry advocates I talked to expressed measured enthusiasm at best. “I think this is a very good step in the right direction,” Aidan Mackenzie, a fellow at the Institute for Progress, told me. On top of saving companies time, it also saves the government time. Creating a new categorical exclusion “requires notice and comment, which is more challenging for an agency,” Mackenzie said. “Adopting an existing categorical exclusion is a much easier process.”
This move comes as a bipartisan effort to clear away bureaucratic barriers for geothermal companies to operate on public lands appears to be cresting in Congress. Last month, four senators — two Democrats and two Republicans — co-sponsored a bill, the Geothermal Energy Optimization Act that would establish a categorical exclusion for all exploration activities, modeled on the existing one for oil and gas that’s been in place since 2005.
Two prominent geothermal startups, Eavor and Fervo, both welcomed the BLM’s decision while pushing gently but insistently for the full legislative solution.
Jeanine Vany, Eavor’s executive vice president of corporate affairs, told me the BLM’s action would “move the needle slightly in the right direction,” but that a legislative solution — specifically the GEO Act — would be “much more comprehensive and would be longer lasting.”
In an emailed statement, Fervo CEO Tim Latimer said essentially the same thing, calling the BLM's move “a commonsense approach to enabling development.”
“While the actions here cover only a small portion of activities in the geophysical exploration process,” he wrote, ”we are optimistic that both agency and legislative updates in the future that encompass some routine development and drilling activities will continue to unlock the potential of this important 24/7 carbon-free energy resource.”
One of the authors of the GEO Act, New Mexico Senator Martin Heinrich, also emailed to say that “BLM is right to scale up geothermal production,” but that now, “Congress should pass my GEO Act to take us a step further in fully harnessing the power of geothermal.”
At the same time, the BLM is working to carve out its own exclusions specific to the work it does on geothermal permitting. A BLM spokesperson told me the agency is “currently working on two categorical exclusions related to geothermal permitting,” one for exploration and another for “resource confirmation,” the process of drilling to show more definitively that the necessary hot rocks or (hot fluids) are there and can be drilled for heat.
Still, “there’s a strong case for Congress, especially, to do more,” Mackenzie said. The GEO Act, he explained, would “derisk” the exploration process for geothermal. “Right now, there’s a big cost to messing it up," he said. "If you have to do a full [Environmental Assessment], it takes or year or two — you might get sued. If you finally do the exploration and the resource isn’t what you think it would be, you have to go back and wait years to try again.”
Shortening the timeline for geothermal will be key to achieving what the industry, energy buyers, and the federal government all seem to want for next-generation projects, in terms of both cost and production. The Department of Energy has said that it wants to see costs fall by some 90% by the middle of the next decade, and that the sector could grow 20-fold by 2050, to 90 gigawatts of capacity, which would be slightly greater than the capacity of hydropower today.
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State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.
Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.
Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.
When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”
Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.
But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.
Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.
The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”
Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.
“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”
The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.
I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened torelease in January touting the benefits solar can provide to the state’s revenue base.
ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.
“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.
It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.
But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.
A conversation with Katherine Kollins of the Southeastern Wind Coalition
This week’s conversation is with Katherine Kollins of the Southeastern Wind Coalition, an advocacy group that supports offshore wind development in the American Southeast. I wanted to talk with Katherine about whether there are any silver linings in the offshore wind space, and to my surprise she actually had one! Here’s to hope springing eternal – and Trump leaving Coastal Virginia intact.
The following conversation has been lightly edited for clarity.
Tell me about the Southeast. What does offshore wind look like there?
The Southeast is interesting. In Virginia, we have a project that is more in the first mover status – the very large Coastal Virginia wind project – which is already under construction.
As you move further south, I would say all of those projects are later stage than what we see in the Northeast. We get a taste of both of those project stages and how the current administration is affecting them. I believe that the Coastal Virginia wind project will continue construction. They’re already a year and a half into a three year phase of construction. That project is expected to be generating electricity next year.
What about the rest?
The rest – no other project has an offtake agreement in the Southeast. North Carolina is getting closer to defining an offtake agreement through the state’s carbon plan process. That’s a back and forth between Duke Energy and the North Carolina Utilities Commission to produce a least-cost electricity portfolio that also gradually reduces the state’s carbon emissions, and offshore wind is as far in that process as we have ever seen in the state. Right now, the utility is responsible for issuing an acquisition RFI (request for information) – it does put the request out there for the developers in the lease areas off of North Carolina and ask them to submit rough estimates for what their projects might cost to be included in Duke’s portfolio. They’re in the process of that and it needs to wrap up by July 1st.
Before we move on to Coastal Virginia, is it your hope this state level effort further south is able to progress through Trump?
Yes. Even in a best case scenario, we’re still looking at a 2032 or 2033 [completion date]. I still think that’s possible.
Have you seen similar conflicts in the Southeast over stuff like wildlife that we see in the Northeast?
We certainly hear those arguments but they don’t come out as strongly. That could be because projects just aren’t as far along as they are in the Northeast – we don’t have any cable landing sites yet. Our projects are all further offshore than many of those in the Northeast, so they don’t come with the same visual impact concerns which is helpful.
I think as we get further in the development process, certainly there will be more conversations around those things but part of what our organization does as well is come in early and try to talk to folks so there’s more information out there for citizens to understand what offshore wind might really mean, what it might feel like, what it might mean for the economy and the environment – before we start choosing a cable landing site. We’ve got a good runway here.
On Coastal Virginia, my concern is that there seems to be enough time for some shenanigans to go on. Is it just your hope here that the project is able to continue without impediment?
I would say hope but it’s also reasonable-ness. This project has already invested $6 billion of ratepayer funds to generate 2,600 megawatts of electricity. To pull the plug on that would mean the federal government was telling Virginians that even though they spent $6 billion dollars to build clean energy development off their coast, the federal government could step in and take that away.
I don’t think that is a reasonable thing to do. So my hope is that the project is able to continue construction and generate that clean electricity for Virginians.
You’ve seen too, a lot of support – bipartisan support – for CVOW. Jen Kiggans, the congresswoman from the Hampton Roads area, has been more outspoken than many in Congress about the importance of the economic value of the CVOW project as well as the need for new electricity and the demand this project is going to help meet.
Have you found in light of the recent election that organizations like yourself are helpful for offshore wind development, and do you feel like more voices are needed to speak out on what the Trump administration has done? We haven’t seen any litigation or blue states in the Northeast stridently or forcefully go to bat yet.
I think there’s many issues folks are grappling with right now and deciding where to put their political capital. Those processes are still under way. There are so many places to focus our attention right now and just a lot on Congress’ plate right now, so they’ve got to figure out which issues they are going to spend the most time on. And what’s winnable for them.
There are a lot of things folks are focused on right now. And maybe that’s part of the plan – spread our people’s ability to speak, or dilute the ability to speak. If you look at the trade associations and NGOs working on offshore wind, we’re working harder than ever. We are consistently looking at, who do we get the message out to about the benefits of offshore wind?
When you think beyond the organizations like ours that speak explicitly to the benefits of offshore wind – could we use more? Always. You can always use more voices speaking out about an energy technology that is very much part of our future, part of our economic and environmental future, and I don’t think you could have too many people speaking out in favor of offshore wind.
If we’re thinking about politicians, right now there’s a lot on people’s plate. The dust has yet to settle.
Here are the week’s top conflicts around clean energy in the U.S.
1. Barnstable County, Massachusetts – The SouthCoast offshore wind project will now be delayed for at least four years, developer Ocean Winds said on Friday, confirming my previous reporting that projects Biden seemed to fully approve were still at risk from Trump.
2. Albany County, New York – A judge in this county has cast a cloud over tax abatement calculations for essentially all solar and wind projects in the state.
3. Greene County, North Carolina – No more new solar farms here, at least for now.
4. Logan County, Ohio – Sayonara, Grange Solar.
5. Fannin County, Texas – The battery backlash we’ve warned you is on the horizon has spread to the small town of Savoy, north of Dallas, where residents are protesting en masse against an Engie battery storage project under construction.