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On executive orders, the Supreme Court, and a “particularly dangerous situation” in Los Angeles.
Current conditions:Nearly 10 million people are under alert today for fire weather conditions in southern California • The coastal waters off China hit their highest average temperature, 70.7 degrees Fahrenheit, since record-keeping began • A blast of cold air will bring freezing temperatures to an estimated 80% of Americans in the next week.
High winds returned to Los Angeles on Monday night and will peak on Tuesday, the “most dangerous” day of the week for the city still battling severe and deadly fires. In anticipation of the dry Santa Ana winds, the National Weather Service issued its highest fire weather warning, citing a “particularly dangerous situation” in Los Angeles and Ventura Counties for the first time since December 2020.
A new brush fire, the Auto Fire, ignited in Oxnard, Ventura County, on Monday evening. It spread 55 acres before firefighters stopped it. Meanwhile, investigators continue to look for the cause of the Palisades Fire, which ignited near a week-old burn scar, a popular partying spot, and damaged wooden utility poles, according to a New York Times analysis.
National Weather Service
Trump is planning an executive order banning offshore wind developments on the East Coast, Heatmap’s Jael Holzman reported Monday. The news came from New Jersey Republican Representative Jeff Van Drew, who said he’s working with Trump’s team to “to prevent this offshore wind catastrophe from wreaking havoc on the hardworking people who call our coastal towns home.”
Van Drew’s press release also said that this order is “just the beginning,” and that it would be finalized “within the first few months of the administration,” a far cry from the Day One action Trump has promised. Van Drew had earlier told New Jersey reporters that the ban would last six months.
Meanwhile, in other executive order news, Biden issued an order on Tuesday directing the Energy and Defense departments to lease federal lands for “gigawatt-scale” data centers, according to E&E News, but only if they bring online enough clean energy to match their facilities’ needs.
On Monday, the Supreme Court refused to hear a lawsuit brought by Utah attempting to seize control of the “unappropriated” federal lands in the state. Opponents argued that the lawsuit, if successful, would have put public lands across the West on the path to privatization since Utah and other states likely couldn’t afford to manage them and would have had to sell off much of them. However, “while the Court’s decision denying original review of Utah’s claims is welcome news for our shared public lands, we fully expect Utah’s misguided attacks to continue,” Alison Flint, the senior legal director at The Wilderness Society, said in a statement.
As I reported last month, the Utah lawsuit organizers “seem prepared to make an appeal to Congress or the Trump administration if the Supreme Court doesn’t make a move in their favor,” given that “funding for the messaging for Stand for Our Land, the publicity arm of the lawsuit, has reportedly outpaced the spending on lawyers.
Also on Monday, the Supreme Court declined to hear a fossil fuel industry argument to block states, municipalities, and other groups from seeking damages for the harms caused by climate change. The appeal by Sunoco, Exxon Mobil, Chevron, and others stemmed from a high-profile lawsuit in Honolulu that seeks to hold energy companies accountable for causing “a substantial portion” of the effects of climate change. Had the Supreme Court taken up the case, similar lawsuits by California and others likely would have been paused during deliberations. The American Enterprise Institute, a conservative think tank, responded to Monday’s decision by claiming activists will now “make themselves the nation’s energy regulators.”
A little over a week after the start of New York City’s congestion pricing, the Metropolitan Transportation Authority released data showing significant decreases in the amount of time passengers spend in inbound traffic. On average, during the morning commute, traffic times have decreased by 30% to 40%; in some cases, such as during rush hour in the Holland Tunnel, travel time has been cut in half, going from over 11 minutes to under five. Due to the traffic reductions, some bus routes are up to 28% faster now than at the same time last year. “It has been a very good week here in New York,” MTA deputy chief Juliette Michaelson said in a news conference.
So far, the MTA has seen an average of 43,000 fewer drivers entering the congestion pricing zone, which begins below 60th St. and costs $9 during the day. While Gothamist notes that this is only a 7.3% reduction compared to last January, many New Yorkers say congestion pricing effects are visibly noticeable in the streets of lower Manhattan.
The Brooklyn Bridge as congestion pricing went into effect. Photo by Michael M. Santiago/Getty Images
Oil and gas magnate Harold Hamm is throwing a “swanky party” to celebrate the inauguration of Donald Trump, on whose campaign he spent more than $4.3 million, according to the research group Fieldnotes and The New York Times. Interior Secretary nominee Doug Burgum was among the invitees, although an advisor has said he does not plan to attend; one of the party’s several major oil and gas industry sponsors, Liberty Energy, was founded by Chris Wright, Trump’s nominee for Energy Secretary.
In May, Trump met with oil and gas executives at his Mar-a-Lago resort and promised industry-friendly tax and regulatory policies and an aggressive stance against wind energy if they helped fund his White House bid. The oil and gas industry ultimately invested some $75 million in efforts to help re-elect the former president and contributed millions to his legal defense.
25% — That’s the level of tariff Alberta Premier Danielle Smith said Canada should prepare for after a meeting with incoming President Trump — and not expect exceptions for its crude oil exports to the U.S., per Bloomberg’s Javier Blas.
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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.”