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Policy Watch

How to Solve a Problem Like a Wind Ban

And more of this week’s top policy news around renewables.

Trump.
Heatmap Illustration/Getty Images

1. Trump’s Big Promise – Our nation’s incoming president is now saying he’ll ban all wind projects on Day 1, an expansion of his previous promise to stop only offshore wind.

  • “They litter our country like paper, like dropping garbage in a field,” Trump said at a press conference Tuesday. “We’re going to try and have a policy where no windmills are built.”
  • Is this possible? It would be quite tricky, as the president only has control over the usage of federal lands and waters. While offshore wind falls entirely under the president’s purview, many onshore wind projects themselves fall entirely on state lands.
  • This is where the whole “wind kills birds” argument becomes important. Nearly all wind projects have at least some federal nexus because of wildlife protection laws, such as the Endangered Species Act and Migratory Bird Treaty Act.
  • Then there are the cables connecting these projects to the grid and interstate transmission projects that may require approval from the Federal Energy Regulatory Commission.
  • I’m personally doubtful he will actually stop all wind in the U.S., though I do think offshore wind in its entirety is at risk (which I’ve written about). Trump has a habit of conflating things, and in classic fashion, he only spoke at the press conference about offshore wind projects. I think he was only referring to offshore wind, though I’m willing to eat my words.

2. The Big Nuclear Lawsuit – Texas and Utah are suing to kill the Nuclear Regulatory Commission’s authority to license small modular reactors.

  • If successful, it would totally neuter permitting powers in this sector, letting developers and manufacturers avoid a lengthy federal approval process. SMR startup Last Energy is also involved in the lawsuit.
  • The lawsuit cites the Supreme Court’s recent decision to undo a longstanding principle in American regulatory law that courts should defer to agency experts when interpreting vague language in statute. As Heatmap’s Robinson Meyer explained when that ruling came down, this means judges themselves get to decide if a law explicitly gives an agency authority to do something.
  • The lawsuit argues the nation’s primary nuclear law, the Atomic Energy Act, did not give the NRC the discretion to regulate SMRs. “If Congress wanted the NRC to have plenary authority in this area it needed to speak clearly. Instead, it has unambiguously indicated the opposite.”
  • I expect more of these lawsuits to come down the pike in the coming months, as the federal government under Trump will have the power to settle those cases and offer plaintiffs favorable deregulation through that process.

3. Biden’s parting words – The Biden administration has finished its long-awaited guidance for the IRA’s tech-neutral electricity credit (which barely changed) and hydrogen production credit.

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Q&A

How California Is Fighting the Battery Backlash

A conversation with Dustin Mulvaney of San Jose State University

Dustin Mulvaney.
Heatmap Illustration

This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.

Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?

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Hotspots

A Tough Week for Wind Power and Batteries — But a Good One for Solar

The week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Nantucket, Massachusetts – A federal court for the first time has granted the Trump administration legal permission to rescind permits given to renewable energy projects.

  • This week District Judge Tanya Chutkan – an Obama appointee – ruled that Trump’s Bureau of Ocean Energy Management has the legal latitude to request the withdrawal of permits previously issued to offshore wind projects. Chutkan found that any “regulatory uncertainty” from rescinding a permit would be an “insubstantial” hardship and not enough to stop the court from approving the government’s desires to reconsider issuing it.
  • The ruling was in a case that the Massachusetts town of Nantucket brought against the SouthCoast offshore wind project; SouthCoast developer Ocean Winds said in statements to media after the decision that it harbors “serious concerns” about the ruling but is staying committed to the project through this new layer of review.
  • But it’s important to understand this will have profound implications for other projects up and down the coastline, because the court challenges against other offshore wind projects bear a resemblance to the SouthCoast litigation. This means that project opponents could reach deals with the federal government to “voluntarily remand” permits, technically sending those documents back to the federal government for reconsideration – only for the approvals to get lost in bureaucratic limbo.
  • What I’m watching for: do opponents of land-based solar and wind projects look at this ruling and decide to go after those facilities next?

2. Harvey County, Kansas – The sleeper election result of 2025 happened in the town of Halstead, Kansas, where voters backed a moratorium on battery storage.

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Spotlight

This Virginia Election Was a Warning for Data Centers

John McAuliff ran his campaign almost entirely on data centers — and won.

John McAuliff.
Heatmap Illustration/Getty Images, Library of Congress, John4VA.com

A former Biden White House climate adviser just won a successful political campaign based on opposing data centers, laying out a blueprint for future candidates to ride frustrations over the projects into seats of power.

On Tuesday John McAuliff, a progressive Democrat, ousted Delegate Geary Higgins, a Republican representing the slightly rural 30th District of Virginia in Loudoun and Fauquier Counties. The district is a mix of rural agricultural communities and suburbs outside of the D.C. metro area – and has been represented by Republicans in the state House of Delegates going back decades. McAuliff reversed that trend, winning a close election with a campaign almost entirely focused on data centers and “protecting” farmland from industrial development.

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