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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

I Spent the Day At a Noisy Data Center. Here’s What I Learned.

Noise ordinances won’t necessarily stop a multi-resonant whine from permeating the area.

A data center.
Heatmap Illustration/Getty Images

What did you do for Earth Day this year? I spent mine visiting a notoriously loud artificial intelligence campus in Virginia’s Data Center Alley. The experience brought home to me just how big a problem noise can be for the communities adjacent to these tech campuses – and how much further local officials have to go in learning how to deal with them.

The morning of April 22, I jumped into a Toyota Highlander and drove it out to the Vantage VA2 data center campus in Sterling, Virginia, smack dab in the middle of a large residential community. The sensation when I got out of the car was unignorable – imagine an all-encompassing, monotonous whoosh accompanied by a low rumble you can feel in your body. It sounds like a jet engine that never stops running or a household vacuum amplified to 11 running at all hours. It was rainy the day I visited and planes from nearby Dulles International Airport were soaring overhead, but neither sound could remotely eclipse the thudding, multi-resonant hum.

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Hotspots

Wind Dies in New Jersey, Solar Lives in Alabama

Plus more of the week’s biggest project development fights.

Wind Dies in New Jersey, Solar Lives in Alabama
Heatmap Illustration/Getty Images

New Jersey – Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.

  • The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and a substation necessary to send electricity generated by offshore wind across the state.
  • The state terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies project scrubbed in a settlement with his administration.
  • “New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
  • Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
  • The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. Of course, anything related to offshore wind will be conditional on the White House.

Montgomery County, Alabama – A statewide solar farm ban is dead for now after being blocked by lawmakers who had already reduced its scope.

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Q&A

Why PJM Is ‘A Conveyor Belt Heading Into a Volcano’

Chatting with the Mid-Atlantic Renewable Energy Coalition’s Evan Vaughan.

The Q&A subject.
Heatmap Illustration/Getty Images

This week’s conversation is with Evan Vaughan, executive director of the Mid-Atlantic Renewable Energy Coalition. The trade group is at the center of things right now, representing many of the 13 states in the PJM Interconnection region, including power-hungry Virginia. MAREC reached out to me so we could talk about how it sees various energy trends, from the rise of a new transmission build-out to the resilience of renewable energy in the Trump 2.0 era.

The following conversation was lightly edited for clarity.

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