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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.
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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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Q&A

How to Sell Rural America on Data Centers

A conversation with Center for Rural Innovation founder and Vermont hative Matt Dunne.

The Q&A subject.
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This week’s conversation is with Matt Dunne, founder of the nonprofit Center for Rural Innovation, which focuses on technology, social responsibility, and empowering small, economically depressed communities.

Dunne was born and raised in Vermont, where he still lives today. He was a state legislator in the Green Mountain State for many years. I first became familiar with his name when I was in college at the state’s public university, reporting on his candidacy for the Democratic gubernatorial nomination in 2016. Dunne ultimately lost a tight race to Sue Minter, who then lost to current governor Phil Scott, a Republican.

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Hotspots

Why Virginia Forced Google to Spill Its Data Center Secrets

Plus more of the week’s biggest development fights.

The United States.
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Botetourt County, Virginia – Google has released its water use plans for a major data center in Virginia after a local news outlet argued regulators couldn’t withhold that information under public records laws.

  • Google’s planned data center campus in Botetourt County has been wrapped in secrecy. Many details about the project have been exposed by the Roanoke Rambler, a local investigative media publication founded by Henri Gendreau, who has previously contributed to Wired, Bloomberg News, and other media outlets.
  • The Rambler sued the Western Virginia Water Authority, a quasi-public water regulator, to compel it to disclose how much water the data center complex planned to use. After a protracted legal battle, the authority released Google’s water contracts, confirming it would use 2 million gallons of water per day. That’s almost 10 times the amount used by the authority’s largest water customer, a Coca-Cola plant. The amount would increase to 8 million gallons daily if the data center campus expands.
  • Per the Rambler, this records release is the first time a data center deal has been ruled subject to public records requests in Virginia, i.e. exempt from trade secret protections. It could have sweeping implications for future efforts to hold data center developers accountable for their environmental impacts.

Montana – Ladies, gentlemen, and everyone in between, we have a freshly dead wind farm.

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Spotlight

Trump’s Renewables Permitting Thaw Is Also a Legal Strategy

The administration has begun shuffling projects forward as court challenges against the freeze heat up.

Solar panels and Donald Trump.
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The Trump administration really wants you to think it’s thawing the freeze on renewable energy projects. Whether this is a genuine face turn or a play to curry favor with the courts and Congress, however, is less clear.

In the face of pressures such as surging energy demand from artificial intelligence and lobbying from prominent figures on the right, including the wife of Trump’s deputy chief of staff, the Bureau of Land Management has unlocked environmental permitting processes in recent weeks for a substantial number of renewable energy projects. Public documents, media reports, and official agency correspondence with stakeholders on the ground all show projects that had ground to a halt now lurching forward.

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