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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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Spotlight

Data Center Support Plummets in Latest Heatmap Pro Poll

The proportion of voters who strongly oppose development grew by nearly 50%.

A data center and houses.
Heatmap Illustration/Getty Images

During his State of the Union address Tuesday night, President Donald Trump attempted to stanch the public’s bleeding support for building the data centers his administration says are necessary to beat China in the artificial intelligence race. With “many Americans” now “concerned that energy demand from AI data centers could unfairly drive up their electricity bills,” Trump said, he pledged to make major tech companies pay for new power plants to supply electricity to data centers.

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Battery Developers Are Feeling Bullish on Mamdani

NineDot Energy’s nine-fiigure bet on New York City is a huge sign from the marketplace.

Battery installation.
Heatmap Illustration/NineDot Energy, Getty Images

Battery storage is moving full steam ahead in the Big Apple under new Mayor Zohran Mamdani.

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A Solar Fight in Wild, Wild Country

The week’s most notable updates on conflicts around renewable energy and data centers.

The United States
Heatmap Illustration/Getty Images

1. Wasco County, Oregon – They used to fight the Rajneeshees, and now they’re fighting a solar farm.

  • BrightNight Solar is trying to build a giant solar farm in the rural farming town of Deschutes, Oregon. Except there’s just one problem: Rated as a 82 out of 100 for risk by Heatmap Pro, the county is a vociferously conservative agricultural area known best as the site of the Netflix documentary Wild, Wild Country. Despite the fact the project is located miles away from the town, the large landowners surrounding the facility’s proposed location are vehemently opposed to construction, claiming it would be built “right on top of them.” (At least a cult isn’t poisoning the food this time.)
  • An activist group called Save Juniper Flat published an open letter to Donald Trump’s Agriculture Department stating that it’s located on land designated as “exclusive” for farming, and that the agency should conduct “awareness, oversight, and any assistance” to ensure the property “remains truly protected from industrialization – not just on paper, more importantly in reality.” It’s worth stating that BrightNight claims the project is intentionally sited on less suitable farmland.
  • The group did not respond to a request for comment about whether the letter was also provided directly to the agency, but one must reasonably assume they are seeking its attention.

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