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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

Is North Dakota Turning on Wind?

The state formerly led by Interior Secretary Doug Burgum does not have a history of rejecting wind farms – which makes some recent difficulties especially noteworthy.

Doug Burgum.
Heatmap Illustration/Getty Images, Library of Congress

A wind farm in North Dakota – the former home of Interior Secretary Doug Burgum – is becoming a bellwether for the future of the sector in one of the most popular states for wind development.

At issue is Allete’s Longspur project, which would see 45 turbines span hundreds of acres in Morton County, west of Bismarck, the rural state’s most populous city.

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Hotspots

Two Fights Go Solar’s Way, But More Battery and Wind Woes

And more of the week’s top news about renewable energy conflicts.

The United States.
Heatmap Illustration/Getty Images

1. Staten Island, New York – New York’s largest battery project, Swiftsure, is dead after fervent opposition from locals in what would’ve been its host community, Staten Island.

  • Earlier this week I broke the news that Swiftsure’s application for permission to build was withdrawn quietly earlier this year amid opposition from GOP mayoral candidate Curtis Sliwa and other local politicians.
  • Swiftsure was permitted by the state last year and given a deadline of this spring to submit paperwork demonstrating compliance with the permit conditions. The papers never came, and local officials including Sliwa called on New York regulators to reject any attempt by the developer to get more time. In August, the New York Department of Public Service gave the developer until October 11 to do so – but it withdrew Swiftsure’s application instead.
  • Since I broke the story, storage developer Fullmark – formerly Hecate Grid – has gone out of its way to distance itself from the now-defunct project.
  • At the time of publication, Swiftsure’s website stated that the project was being developed by Hecate Grid, a spin-off of Hecate Energy that renamed itself to Fullmark earlier this year.
  • In a statement sent to me after the story’s publication, a media representative for Fullmark claimed that the company actually withdrew from the project in late 2022, and that it was instead being managed by Hecate Energy. This information about Fullmark stepping away from the project was not previously public.
  • After I pointed Fullmark’s representatives to the Swiftsure website, the link went dead and the webpage now simply says “access denied.” Fullmark’s representatives did not answer my questions about why, up until the day my story broke, the project’s website said Hecate Grid was developing the project.

2. Barren County, Kentucky – Do you remember Wood Duck, the solar farm being fought by the National Park Service? Geenex, the solar developer, claims the Park Service has actually given it the all-clear.

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Q&A

Should the Government Just Own Offshore Wind Farms?

A chat with with Johanna Bozuwa of the Climate and Community Institute.

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Johanna Bozuwa, executive director of the Climate and Community Institute, a progressive think tank that handles energy issues. This week, the Institute released a report calling for a “public option” to solve the offshore wind industry’s woes – literally. As in, the group believes an ombudsman agency akin to the Tennessee Valley Authority that takes equity stakes or at least partial ownership of offshore wind projects would mitigate investment risk, should a future Democratic president open the oceans back up for wind farms.

While I certainly found the idea novel and interesting, I had some questions about how a public office standing up wind farms would function, and how to get federal support for such an effort post-Trump. So I phoned up Johanna, who cowrote the document, to talk about it.

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