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Politics

Internal Agency Memo Calls for Political Reviews of Solar, Wind Projects

The widely circulating document lists more than 68 activities newly subject to upper-level review.

Doug Burgum.
Heatmap Illustration/Getty Images

The federal government is poised to put solar and wind projects through strict new reviews that may delay projects across the country, according to a widely circulating document reviewed by Heatmap.

The secretarial order authored by Interior Secretary Doug Burgum’s Deputy Chief of Staff for Policy Gregory Wischer is dated July 15 and states that “all decisions, actions, consultations, and other undertakings” that are “related to wind and solar energy facilities” will now be required to go through multiple layers of political review from Burgum’s office and Interior’s Office of the Deputy Secretary.

This new layer of review would span essentially anything Interior and its many subagencies would ordinarily be consulted on before construction on a project can commence — a milestone crucial for being able to qualify for federal renewable energy tax credits under the One Big Beautiful Bill Act. The order lists more than 68 different activities newly subject to higher-level review, including some basic determinations as to whether projects conform with federal environmental and conservation laws, as well as consultations on compliance with wildlife protection laws such as the Endangered Species Act. The final item in the list sweeps “any other similar or related decisions, actions, consultations, or undertakings” under the order’s purview, in case there was any grey area there.

In other words, this order is so drastic it would impact projects on state and private lands, as well as federal acreage. In some cases, agency staff may now need political sign-offs simply to tell renewables developers whether they need a permit at all.

“This is the way you stall and kill projects. Intentionally red-tape projects to death,” former Biden White House clean energy adviser Avi Zevin wrote on Bluesky in a post with a screenshot of the order.

The department has yet to release the document and it’s unclear whether or when it will be made public. The order’s existence was first reported by Politico; in a statement to that news outlet, the department did not deny the document’s existence but attacked leakers. “Let’s be clear: leaking internal documents to the media is cowardly, dishonest, and a blatant violation of professional standards,” the statement said.

Interior’s press office did not immediately respond to a request for comment from Heatmap about when this document may be made public. We also asked whether this would also apply to transmission connected to solar and wind. You had better believe I’ll be following up with the department to find out, and we’ll update this story if we hear back from them.

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Spotlight

An Energy Developer Is Fighting a Data Center in Texas

Things in Sulphur Springs are getting weird.

Energy production and a data center.
Heatmap Illustration/Library of Congress, MSB Global, Luminant

Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.

The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.

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Hotspots

Who Really Speaks for the Trees in Sacramento?

A solar developer gets into a forest fight in California, and more of the week’s top conflicts around renewables.

The United States.
Heatmap Illustration/Getty Images

1. Sacramento County, California – A solar project has become a national symbol of the conflicts over large-scale renewables development in forested areas.

  • This week the Sacramento County Board of Supervisors unanimously voted to advance the environmental review for D.E. Shaw Renewables’ Coyote Creek agrivoltaics solar and battery project, which would provide 200 megawatts to the regional energy grid in Sacramento County. As we’ve previously explained, this is a part of central California in needs of a significant renewables build-out to meet its decarbonization goals and wean off a reliance on fossil energy.
  • But a lot of people seem upset over Coyote Creek. The plan for the project currently includes removing thousands of old growth trees, which environmental groups, members of Native tribes, local activists and even The Sacramento Bee have joined hands to oppose. One illustrious person wore a Lorax costume to a hearing on the project in protest.
  • Coyote Creek does represent the quintessential decarb vs. conservation trade-off. D.E. Shaw took at least 1,000 trees off the chopping block in response to the pressure and plans to plant fresh saplings to replace them, but critics have correctly noted that those will potentially take centuries to have the same natural carbon removal capabilities as old growth trees. We’ve seen this kind of story blow up in the solar industry’s face before – do you remember the Fox News scare cycle over Michigan solar and deforestation?
  • But there would be a significant cost to any return to the drawing board: Republicans in Congress have, of course, succeeded in accelerating the phase-out of tax credits under the Inflation Reduction Act. Work on Coyote Creek is expected to start next year, in time to potentially still qualify for the IRA clean electricity credit. I suspect this may have contributed to the county’s decision to advance Coyote Creek without a second look.
  • I believe Coyote Creek represents a new kind of battlefield for conservation groups seeking to compel renewable energy developers into greater accountability for environmental impacts. Is it a good thing that ancient trees might get cut down to build a clean energy project? Absolutely not. But faced with a belligerent federal government and a shrinking window to qualify for tax credits, companies can’t just restart a project at a new site. Meanwhile, the clock is ticking on decarbonizing the electricity grid. .

2. Sedgwick County, Kansas – I am eyeing this county to see whether a fight over a solar farm turns into a full-blown ban on future projects.

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Q&A

How to Build a Data Center, According to an AI-Curious Conservationist

A conversation with Renee Grabe of Nature Forward

Renee Grebe.
Heatmap Illustration

This week’s conversation is with Renee Grabe, a conservation advocate for the environmental group Nature Forward who is focused intently on data center development in Northern Virginia. I reached out to her for a fresh perspective on where data centers and renewable energy development fits in the Commonwealth amidst heightened frustration over land use and agricultural impacts, especially after this past election cycle. I thought her views on policy-making here were refreshingly nuanced.

This transcript was lightly edited for clarity.

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