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The GOP keeps searching for the next Solyndra.

If Republicans have their way, Sunnova and Solyndra are about to have more in common than just being solar companies with Pokémon-sounding names.
More than 12 years after conservatives targeted Solyndra — a scandal-plagued, now-defunct solar company that received a $535 million loan from the Energy Department’s Loan Programs Office under President Barack Obama — Republicans are attempting to run the same playbook on the rooftop solar company Sunnova, Bloomberg reported Thursday. They’ve literally said as much: “Solyndra is going to look like chump change compared to the amount of money that’s been wasted by this administration,” Wyoming Republican John Barrasso, who is leading the charge with his Senate colleague Cathy McMorris Rodgers of Washington, bragged in comments to reporters last month.
The Solyndra fiasco of 2011 effectively shut down the Energy Department’s loan program, which aims to finance the U.S. energy transition by backing emerging technology companies that otherwise might be considered too risky for traditional lenders. At the time, Republicans had zeroed in on Obama’s Energy Department over its approval of a loan to Solyndra, which went insolvent shortly afterward and was later discovered to have misled the department during its application process. The whole ordeal effectively gave the Loan Programs Office “Solyndra PTSD,” Jigar Shah, the current director of the office, told The Wall Street Journal last year. It wasn’t until Biden revived the LPO as one of the three pots of money fueling his climate agenda that it really started loaning in earnest again. Under the Inflation Reduction Act, its loan authority grew to over $400 billion.
And despite the high-profile failed project and goal of helping high-risk businesses, the LPO has been mostly a major success: around the same time it was backing Solyndra, the office also gave a $465 million loan to Tesla, which in turn paid back the loan with interest a full nine years early. The LPO has actually made the government almost $5 billion in interest payments, Bloomberg adds, while LPO-supported projects were responsible for producing enough clean energy to power 900,000 homes and enough fuel-efficient vehicles to displace 2.1 million gallons of gasoline in 2022, the Department of Energy reports.
All this brings us to Sunnova Energy. A rooftop solar company based out of Houston, Sunnova was approved for a $3 billion loan guarantee by the LPO last April. Since then, the company has become a target of conservatives and right-wing media personalities, who seem intent on finding a Solyndra-shaped scandal “that would aid their efforts to repeal President Joe Biden’s landmark Inflation Reduction Act and its historic $369 billion in climate and energy provisions,” Media Matters writes. The Washington Free Beacon, citing customer complaints, has alleged Sunnova scammed elderly dementia patients, while Fox News’ Jesse Watters has repeatedly gone after the company for supposedly handing away “$3 billion — billion — of your money.” (Sunnova only has a loan guarantee; money has not been distributed yet, E&E News reports).
In December, Barrasso and Rodgers wrote a letter citing the scam allegations and demanding related documents from Shah, professing a desire to learn more about “the approval of DOE’s loan guarantee.” The pair have also asked the Energy Department’s inspector general to look into whether Shah has shown favoritism to companies linked to the Cleantech Leaders Roundtable, the renewable energy organization he founded and led until he left for the Department of Energy in 2021. (Shah has denied the accusations and said he has “no role to play whatsoever in choosing who gets a loan” and that the decisions are in the hands of staff).
Beyond all this being an obvious and stated Solyndra rerun, the “increased scrutiny of the [loans] program could deter potential applicants for funding,” Bloomberg further notes, pointing out that shares of Sunnova dipped 16% in December after Barrasso and Rodgers singled the company out in their letter.
However, while analysts generally agreed that the whole situation shows the risk of becoming a political target, Pavel Molchanov of Raymond James & Associates wrote in a research note on the day of the Republicans’ December letter that “we envision minimal risk of any consequences for [Sunnova] in a substantive sense, and view today’s move as an overreaction.”
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A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.
Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.
District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.
As for what comes next in the offshore wind legal saga, I see three potential flashpoints:
It’s important to remember the stakes of these cases. Orsted and Equinor have both said that even a week or two more of delays on one of these projects could jeopardize their projects and lead to cancellation due to narrow timelines for specialized ships, and Dominion stated in the challenge to its stop work order that halting construction may cost the company billions.
The decision marks the Trump administration’s second offshore wind defeat this week.
A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.
In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.
Interior had cited classified national security concerns to justify a work stoppage. Now, for the second time this week, a court has ruled the risks alleged by the Trump administration are insufficient to halt an already-permitted project midway through construction.
Anti-offshore wind activists are imploring the Trump administration to appeal this week’s injunctions on the stop work orders. “We are urging Secretary Burgum and the Department of Interior to immediately appeal this week’s adverse federal district court rulings and seek an order halting all work pending appellate review,” Robin Shaffer, president of Protect Our Coast New Jersey, said in a statement texted to me after the ruling came down.
Any additional delays may be fatal for some of the offshore wind projects affected by Trump’s stop work orders, irrespective of the rulings in an appeal. Both Equinor and Orsted, developer of the Revolution Wind project, argued for their preliminary injunctions because even days of delay would potentially jeopardize access to vessels necessary for construction. Equinor even told the court that if the stop work order wasn’t lifted by Friday — that is, January 16 — it would cancel Empire Wind. Though Equinor won today, it is nowhere near out of the woods.
More court action is coming: Dominion will present arguments on Friday in federal court against the stop work order halting construction of its Coastal Virginia offshore wind project.
A federal court has once again allowed Orsted to resume construction on its offshore wind project.
A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).
Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”
This case was life or death for Revolution Wind. If the stop work order had not been enjoined, Orsted told the court it may not have been able to secure proper vessels for at-sea construction for long enough to complete the project on schedule. This would have a domino effect, threatening Orsted’s ability to meet deadlines in signed power agreements with Rhode Island and Connecticut and therefore threatening wholesale cancellation of the project.
Undergirding this ruling was a quandary Orsted pointed out to the justice: The government issued the stop work order claiming it was intended to mitigate national security concerns but refused to share specifics of the basis for the stop work order with the developer. At the Monday hearing on the injunction in Washington, D.C., Revolution Wind’s legal team pointed to a key quote in a filing submitted by the Justice Department from Interior Deputy Assistant Secretary Jacob Tyner, saying that the Bureau of Ocean Energy Management, the federal offshore energy regulator, was “not aware” of whether the national security risks could ever be mitigated, “and, if they can, whether the developers would find the proposed mitigation measures acceptable.”
This was the first positive outcome in what are multiple legal battles against the Christmas stop work orders against offshore wind projects. As I reported last week, two other developers filed individual suits alongside Orsted against their respective pauses: Dominion Energy in support of the Coastal Virginia offshore project, and Equinor over Empire Wind.
I expect what happened in the Revolution Wind case to be the beginning of a trend, as a cursory examination of the filings in those cases indicate similar contradictions to those that led to Revolution winning out. We’ll find out soon: The hearing on Empire’s stop work order is scheduled for Wednesday and Coastal Virginia on Friday.