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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

How Worried Should Data Center Developers Be About Violence?

Why the shooting in Indianapolis might be a bellwether

A data center, a threat, and Indianapolis.
Heatmap Illustration/Ron Gibson, Getty Images

This week, the fight over data centers turned violent and it has clearly spooked the sector. Extremism researchers say they’re right to be concerned and this may only be the beginning.

Life may never be the same for Indianapolis city-county councilor Ron Gibson, who voted for a controversial data center last week, citing its economic benefits, and, on the morning of April 6, woke to find 13 bullets were fired through the door of his north-east Indy home. Beneath his doormat read a note left behind: “No Data Centers.” Gibson, who did not respond to multiple requests for additional comment, told the media some of the shots landed near where he played with his child hours earlier.

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Hotspots

Texas Investigates Battery Project Over China Fears

And more of the week’s top news on project conflicts.

The United States.
Heatmap Illustration/Getty Images

1. Van Zandt County, Texas – The Texas attorney general’s office is investigating a battery storage project by Finnish energy company Taaleri over using energy storage with batteries made by CATL, the Chinese lithium-ion giant.

  • Will Wassdorf, Texas’ associate deputy attorney general for civil litigation, told lawmakers in a state Senate Business and Commerce Committee hearing on April 1 that the state is probing whether a “smart plug” for the battery facility would allow Chinese companies to “monitor” aspects of the Texas grid.
  • The investigation is due to a complaint filed by Texas anti-BESS activist Nancy White to the attorney general’s office claiming the battery project posed a potential risk to the grid. Wassdorf said they’re only in the initial phases of looking into the matter and quizzing experts on grid connectivity to best understand if a real risk is even there.
  • “If it’s just monitoring, that’s one thing. If it’s a level of connectivity that would provide access or control, where they could turn the batteries off, that would be another issue,” he told the committee.
  • This is as far as I know the first confirmed instance of a state attorney general’s office going after a utility-grade renewable energy or battery storage facility over China ties. CATL is certainly an easy target politically, having been added to restricted businesses lists for federal military procurement. But the idea that using Chinese tech on-site could result in a regulatory crackdown independent of national defense? That’s a new one.
  • Some of the impetus here is locally driven. Van Zandt County has been fighting this project for years, with residents going so far as to seek a restraining order against construction.
  • Taaleri did not respond to a request for comment.

2. Ozaukee County, Wisconsin – We appear to have the first town approving an anti-data center ballot initiative, as the citizens of Port Washington approved a measure allowing them to reject future hyperscalers.

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Q&A

Someone Has to Invest in the Grid. Why Not Data Centers?

A conversation with Searchlight Institute's Jane Flegal about America’s aging grid

Jane Flegal.
Heatmap Illustration

This week’s conversation is with Jane Flegal, esteemed energy wonk extraordinaire and friend of Heatmap News. I reached out to Jane because she recently authored a paper for a think tank – the Searchlight Institute – focused on how to try and get transmission built to satisfy growing electricity demand without creating the cost pain points that foment discontent on the ground. Y’know, how to avoid the sorts of frustrations we chronicle here at The Fight! So ahead of reporting on transmission conflicts I have coming up next week, it made sense to have a candid conversation about just how hard all of this is.

The following transcript was lightly edited for clarity.

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