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Federal regulators are joining forces on a fresh effort to go after solar energy scams and help the public parse potentially deceptive business practices in the industry.
Treasury Department officials said Wednesday they will soon release a consumer advisory warning against deceptive sales practices, officials said at a public event featuring leaders at Treasury as well as the Federal Trade Commission and Consumer Financial Protection Bureau. These agencies are also releasing a slew of documents to help American consumers gauge whether solar marketers are legitimate and encourage people to report any potential fraudulent behavior in the sector to come forward to the government for potential inquiry.
Solar energy fraud at the residential consumer level is a rare but profoundly painful phenomenon that can acutely harm low- and middle-income households. At the public event announcing the move, officials said they took this step after seeing a rising amount of consumer losses due to frauds and predatory behavior in the household solar space. More than a quarter of a billion dollars in solar-related fraud has been reported between January 2022 and June of this year, FTC Chair Lina Khan said. The Internal Revenue Service issued a warning in July against new efforts by fraudsters to cite the Inflation Reduction Act in predatory pitches.
As Treasury Deputy Secretary Wally Adeyemo said at the event, any time a major law passes and unleashes federal dollars to support consumers, you will “have people trying to take advantage” – but “like in most industries, these bad actors represent a small number of solar companies.”
CFPB Director Rohit Chopra, meanwhile, sounded a note of concern. “I’m really worried about this,” he said, pointing to the 2007-2008 subprime mortgage crisis and saying these behaviors pose the risk of “undermin[ing] the growth and development of residential solar programs in our country.”
Chopra pointed to a specific business practice regulators that can be concerning: sales quotas and commissions. “Sometimes when those are set in unreasonable ways, it can create the conditions where people who are on the frontlines selling these products go too far.”
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The state has terminated an agreement to develop substations and other necessary grid infrastructure to serve the now-canceled developments.
Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.
The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and substations necessary to send electricity generated by offshore wind across the state. The board terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies projects scrubbed in a settlement with his administration.
“New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
I chronicled the fight over this specific transmission infrastructure before Trump 2.0 entered office and the White House went nuclear on offshore wind. Known as the Larrabee Pre-Built Infrastructure, the proposed BPU-backed network of lines and electrical equipment resulted from years of environmental and sociological study. It was intended to connect wind projects in the Atlantic Ocean to key points on the overall grid onshore.
Activists opposed to putting turbines in the ocean saw stopping the wires as a strategy for delaying the overall construction timelines for offshore wind, intensifying both the costs and permitting headaches for all state and development stakeholders involved. Some of those fighting the wires did so based on fears that electromagnetic radiation from the transmission lines would make them sick.
The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. The board’s letter to PJM nods to the future, asserting that new “alternative pathways to coordinated transmission” exist because of new guidance from the Federal Energy Regulatory Commission. These pathways “may serve” future offshore wind projects should they be pursued, stated the letter.
Of course, anything related to offshore wind will still be conditional on the White House.
The opinion covered a host of actions the administration has taken to slow or halt renewables development.
A federal court seems to have struck down a swath of Trump administration moves to paralyze solar and wind permits.
U.S. District Judge Denise Casper on Tuesday enjoined a raft of actions by the Trump administration that delayed federal renewable energy permits, granting a request submitted by regional trade groups. The plaintiffs argued that tactics employed by various executive branch agencies to stall permits violated the Administrative Procedures Act. Casper — an Obama appointee — agreed in a 73-page opinion, asserting that the APA challenge was likely to succeed on the merits.
The ruling is a potentially fatal blow to five key methods the Trump administration has used to stymie federal renewable energy permitting. It appears to strike down the Interior Department memo requiring sign-off from Interior Secretary Doug Burgum on all major approvals, as well as instructions that the Interior and the Army Corps of Engineers prioritize “energy dense” projects in ways likely to benefit fossil fuels. Also struck down: a ban on access to a Fish and Wildlife Service species database and an Interior legal opinion targeting offshore wind leases.
Casper found a litany of reasons the five actions may have violated the Administrative Procedures Act. For example, the memo mandating political reviews was “a significant departure from [Interior] precedent,” and therefore “required a ‘more detailed justification’ than that needed for merely implementing a new policy.” The “energy density” permitting rubric, meanwhile, “conflicts” with federal laws governing federal energy leases so it likely violated the APA, the judge wrote.
What’s next is anyone’s guess. Some cynical readers may wonder whether the Supreme Court will just lift the preliminary injunction at the administration’s request. It’s worth noting Casper had the High Court’s penchant for neutralizing preliminary injunctions in mind, writing in her opinion, “The Court concludes that the scope of this requested injunctive relief is appropriate and consistent with the Supreme Court’s limitations on nationwide injunctions.”
Fights over AI-related developments outnumber those over wind farms in the Heatmap Pro database.
Local data center conflicts in the U.S. now outnumber clashes over wind farms.
More than 270 data centers have faced opposition across the country compared to 258 onshore and offshore wind projects, according to a review of data collected by Heatmap Pro. Data center battles only recently overtook wind turbines, driven by the sudden spike in backlash to data center development over the past year. It’s indicative of how the intensity of the angst over big tech infrastructure is surging past current and historic malaise against wind.
Battles over solar projects have still occurred far more often than fights over data centers — nearly twice as many times, per the data. But in terms of megawatts, the sheer amount of data center demand that has been opposed nearly equals that of solar: more than 51 gigawatts.
Taken together, these numbers describe the tremendous power involved in the data center wars, which is now comparable to the entire national fight over renewable energy. One side of the brawl is demand, the other supply. If this trend continues at this pace, it’s possible the scale of tension over data centers could one day usurp what we’ve been tracking for both solar and wind combined.