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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

The New Transmission Line Pitting Trump’s Rural Fans Against His Big Tech Allies

Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.

Donald Trump, Maryland, and Virginia.
Heatmap Illustration/Getty Images

A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.

The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.

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Hotspots

Trump Punished Wind Farms for Eagle Deaths During the Shutdown

Plus more of the week’s most important fights around renewable energy.

The United States.
Heatmap Illustration/Getty Images

1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.

  • On November 3, Fox News published a story claiming it had “reviewed” a notice from the Fish and Wildlife Service showing that it had proposed fining Orsted more than $32,000 for dead bald eagles that were discovered last year at two of its wind projects – the Plum Creek wind farm in Wayne County and the Lincoln Land Wind facility in Morgan County, Illinois.
  • Per Fox News, the Service claims Orsted did not have incidental take permits for the two projects but came forward to the agency with the bird carcasses once it became aware of the deaths.
  • In an email to me, Orsted confirmed that it received the letter on October 29 – weeks into what became the longest government shutdown in American history.
  • This is the first action we’ve seen to date on bird impacts tied to Trump’s wind industry crackdown. If you remember, the administration sent wind developers across the country requests for records on eagle deaths from their turbines. If companies don’t have their “take” permits – i.e. permission to harm birds incidentally through their operations – they may be vulnerable to fines like these.

2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.

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Q&A

The Guy Debunking Myths About Wind Along the Jersey Shore

A conversation with Cape May County Commissioner candidate Eric Morey.

Eric Morey.
Heatmap Illustration

This week’s conversation is with Eric Morey, who just ran to be a commissioner for Cape May County, New Jersey – one of the Garden State coastal counties opposed to offshore wind. Morey is a Democrat and entered the race this year as a first-time politician, trying to help crack the county panel’s more-than-two-decade Republican control. Morey was unsuccessful, losing by thousands of votes, but his entry into politics was really interesting to me – we actually met going back and forth about energy policy on Bluesky, and he clearly had a passionate interest in debunking some of the myths around renewables. So I decided to call him up in the hopes he would answer a perhaps stupid question: Could his county ever support offshore wind?

The following conversation has been lightly edited for clarity.

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