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And what renewables can learn from it.
A sprawling multi-state carbon pipeline appears easier to permit and build than wind and solar farms in red states, despite comments the president-elect or his team may have said on the campaign trail. And the answer has to do with more than just the potential benefits for oil and gas.
The Summit Carbon Solutions CO2 pipeline network would criss-cross five states – Iowa, Minnesota, Nebraska, and the Dakotas – connecting dozens of ethanol “biorefinery” plants to carbon sequestration sites for storing CO2 captured while producing the agri-fuel. On paper Summit has its work cut out for it in ways not dissimilar to the troubles facing solar and wind. Land use issues, ecological concerns, the whole lot. And its work has become controversial amongst a myriad of opposition groups I often write about like rural farmers and, of course, conspiratorial NIMBYs – chief among them Vivek Ramaswamy and Robert F. Kennedy Jr., two members of the incoming Trump administration.
But Ramaswamy and RFK Jr.’s presence is providing cold comfort compared to the selection of North Dakota Gov. Doug Burgum – a vocal supporter of the project – to be Interior Secretary.
“We’re screwed,” wrote Dawn Shepard, a North Dakotan opposed to the project, on Facebook after the selection was announced. “He will get all Carbon Capture projects approved. I thought Republicans and Trump, included, didn’t believe in climate change. Trump’s not keeping his word.”
It’s not exactly that simple, and its debatable whether Summit’ll actually help address climate change, but the premise is true: Trump’s election may just assure the pipeline’s completion, if all things go its way.
“Those appointments are definitely a big thumb on the scale of the pipeline going through,” said Mark Hefflinger of Bold Alliance, one of the activist networks fighting the pipeline project.
In my conversations with activists and the company, it doesn’t appear there’s any easy way for the Interior Department – which oversees all federal land use – to grease all of the skids for Summit, so to speak. But there are a number of factors in its favor now: the pipeline will still require Army Corps of Engineers permits for water body crossings and those tend to require environmental reviews that heavily involve Interior. At the same time, all sides expect the Interior Secretary and likely Energy Secretary Chris Wright (an oil magnate) to champion beneficial Inflation Reduction Act tax credits for carbon capture, sequestration, and utilization in tax talks early next year.
All the while, most state-level regulators have finished or are completing approvals of the pipeline, with the exception of South Dakota where Summit on Tuesday resubmitted its permitting application to the state’s Public Utilities Commission. While I’ve been told the company didn’t substantially adjust its routing in response to the failed ballot initiative, executives certainly did change plans to elide a repeat rejection from the commission after it said no to pipeline plans last year.
“Our efforts involved spending more than a year driving county roads, knocking on doors, and having meaningful, face-to-face conversations with landowners,” Sabrina Zenor, Summit’s director of stakeholder engagement and corporate communications, told me. “These conversations guided our approach.”
There’s a lot that could still go awry for Summit. They could lose legal battles in Iowa that send them back to the drawing board in a crucial hub for corn and ethanol and where public opinion may be souring on the developer. South Dakota could be its own ball of wax, given how passionate the opposition in the state is.
Trump’s comments on the matter have been vague, indicating he’s … well, being very Trump about this. “Well, you know, we’re working on that,” Trump said when asked about the pipeline at an Iowa primary event last year. “And you know, we had a plan to totally — it’s such a ridiculous situation, isn’t it? But we had a plan, and we would have instituted that plan, and it was all ready, but we will get it — if we win, that’s going to be taken care of. That will be one of the easy things we do.”
Ultimately it may be with many issues: whoever’s in the room last with Trump could decide the pipeline’s fate.
But regardless, developers of renewables and battery storage could take away a few lessons from the pipeline network.
Walt Bones, the former head of South Dakota’s Agriculture Department, is one of the landowners currently negotiating a financial agreement for land use with Summit. He’s a farmer, and like many farmers we write about here at The Fight, he doesn’t support building stuff on or near his land if there’s going to be an impact on his crop yields. He told me that he believes the opposition in the state is largely the product of a rush to build by an over-zealous company seeking the maximum benefit from federal tax credits. And they spooked people, producing widespread skepticism of the pipeline.
“Summit did not help themselves any,” he said.
Now of course, there’s lots of concerns about CO2 pipelines’ environmental impacts and the risk of them going, well, kablooey. But unlike how some farmers skeptically view agri-voltaics (e.g. dual use solar), the thought of a pipeline beneath the earth gives Bones – a former farm regulator – no qualms. And the reasoning is simple: He doesn’t believe the pipeline, which will be buried, will impact his farming at all. And ethanol – unlike solar or wind – will feed demand for more farming.
“Basically zero impact to our land. We’ll still be able to farm over it. We’ll still be able to graze over it with our cows,” he said. “I know what the value is … [it’ll] guarantee the future viability of corn.”
So where does this leave us? It’s likely Bones doesn’t represent every farmer. But maybe there’d be a benefit in renewable developers focusing on finding ever-more ways to create a fly-wheel where solar and wind energy generation creates more business for farmers. Clearly, the sheer footprint of a utility scale solar or wind project can be more impactful than a thin pipeline crossing a property.
And I guess they should also make more politically powerful friends in the Dakotas.
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A conversation with Jillian Blanchard of Lawyers for Good Government about the heightened cost of permitting delays
This week I chatted with Jillian Blanchard, vice president of climate change and environmental justice with Lawyers for Good Government, an organization that has been supporting beneficiaries of the Inflation Reduction Act navigate the uncertainties surrounding tax credits and grant programs under the Trump administration. The reason I wanted to chat with Jillian is simple: the IRA is under threat for the first time under a Republican Congress. I wanted to understand how solar and wind projects could be impacted by the House Republican reconciliation bill and putting IRA tax credits in doubt. I learned a lot.
The following conversation was lightly edited for clarity.
Okay, Jillian, what’s the topline here? How would the GOP reconciliation bill impact individual projects’ development?
There are big chunks of the reconciliation bill that will have dramatic impacts on project development, including language that would repeal or phase out bipartisan and popular tax credits in a way that would make it very, very difficult to invest in projects. I can get into the weeds next.
But it’s worth saying first – the group of programs aside from tax credits that [House Republicans] would repeal represents every single part of America. Hundreds of projects that will not go forward if these programs are not going well. And they have several legally obligated grants that EPA has already mucked up in a litany of ways. But what they’re proposing to do is to pull the rug out from under those programs. On top of that they want to pull any unobligated funding out.
I think it’s extremely misrepresentative to say these are not big cuts. They’re significant cuts to clean air and clean water across the board.
Help me get into the weeds about how phasing out the credits will make it harder to invest in a project.
Right now, a bank might want to invest a certain amount of money in a clean energy project because they know on the back end they can get 30% or 40% back on their investment. A return through tax credits. They can bank on that, because tax credits are a guarantee.
Was that an intentional pun? “Bank”?
Yeah, it is. I love a good pun. You opened the floodgates, that was a mistake.
But anyway, the program itself was supposed to be around until at least 2032 and the bank could bank on those tax credits. That’s a big runway, because projects could get delayed and you could lock in the credit as soon as you started construction.
Now they’re doing a phase-out approach where if your project is not placed into service before a certain date, you don’t avoid the phase out. You don’t get any protections if you’re starting your project now or next year. It has to be placed in service before 2028 or else your project may not be eligible. You are constructing it, you are financing it, but then through no fault of your own – a storm or whatever – then suddenly that project is no longer entitled to get 30% or 40% back.
That’s a big risk. And banks don’t like risk.
Opposition on the ground also delays projects the way a storm does. Would this empower those opponents?
Oh, totally. Totally. If anyone wants to fight a project, a bank might be even less likely to invest in it. The NIMBYs for that particular project become a risk.
What would you tell a developer at this moment who is wondering about the uncertainty around the IRA?
I would tell them that now is the time to speak up. If they want to stay in this business and make sure their energy stays as low-cost as it already is, they need to speak up right now, no matter what their political party affiliation is. Make it clear solar isn’t going away, wind isn’t going away, storage isn’t going away. These are markets America needs to be competitive with the rest of the world.
And more of the week’s biggest conflicts around renewable energy projects.
1. St. Lawrence County, New York – It’s hard out here for a 2-megawatt solar project in upstate New York.
2. McKean County, Pennsylvania – Swift Current Energy is now dealing with an insurgent opposition campaign against its Black Cherry wind project.
3. Blair County, Pennsylvania – Good news is elsewhere in Pennsylvania though as this county has given the go-ahead for a new utility-scale Ampliform solar project, the BL Hileman Hollow Solar project.
4. Allen County, Ohio – The mayor of Lima, a small city in this county, is publicly calling on Ohio senators to make sure that the pending reconciliation bill in Congress ensures Inflation Reduction Act tax credits can still apply to municipalities.
5. Vanderburgh County, Indiana – Orion Energy’s Blue Grass Creek solar project is now facing opposition too, with Orion representatives telling local press they actually expected some locals to be against the project.
6. Otsego County, Michigan – That state forest-felling solar farm that Fox News loved to hate? That idea is no more.
7. Adams County, Illinois – The Green Key solar project we’ve been following in the town of Ursa has received its special use permit from the county after vociferous local opposition.
8. Dane County, Wisconsin – We’re getting a taste of local worry about how the GOP’s efforts to change the IRA could affect municipal energy planning, thanks to the village of Waukanee.
9. Olmsted County, Minnesota – The fight over Ranger Power’s Lemon Hill solar project is evolving into a nascent bid to give localities more control over permitting renewables projects.
10. Cherry County, Nebraska – This county is seeking an investigation into whether Sandhills Energy’s BSH Kilgore wind farm is violating zoning standards after receiving requests from residents who are against the project.
11. Albany County, Wyoming – Bird conservation activists fighting wind projects in Wyoming claim the Interior Department is providing them incomplete information under the Freedom of Information Act about wind turbines and eagle deaths.
12. Santa Fe County, New Mexico – Renowned climate activist Bill McKibben is publicly going on the attack against opponents of an individual solar project, the AES Rancho Viejo solar farm near Santa Fe.
13. Apache County, Arizona – Opponents of the Repsol Lava Run wind project are now rallying around trying to stop transmission for the project.
14. Klickitat County, Washington – The Cypress Creek Renewables solar project we told you last week got fast-tracked by the state Energy Facility Site Evaluation Council? Turns out the county had a moratorium on new solar and anticipated a chance to formally file public comments before that would happen.
Will Sunrise Wind and Revolution Wind get the Trump treatment?
The sharks of opposition are circling the American offshore wind industry, as they await the federal government’s next victims.
This week, we received news that Equinor – developer of the Empire Wind project – is inching towards potentially canceling development after a visit to Washington and the White House yielded little success. In addition, Interior Secretary Doug Burgum told Fox Business that the department is now reviewing all offshore wind permits issued under the Biden administration.
“What people don’t realize, billions of tons of rock are poured into the ocean before they can begin the years of pile driving,” Burgum told Fox Business, claiming the review of offshore wind permits that Trump ordered uncovered new data about Empire Wind “that was never released to the public” showing the approval “lacked total rigor.”
Meanwhile, coastal opponents of wind energy have moved onto other projects: Orsted’s Revolution Wind project near Rhode Island and Sunrise Wind project off New York’s coastline. In petitions to the EPA, two anti-wind groups – Green Oceans and Protect Our Coast N.J. – have asked the agency to rescind key permits for air emissions and water discharges, asserting the federal government moved too fast to get them approved.
In addition, an environmental consultancy hired by Green Oceans called Planet A* Strategies sent a detailed report to Burgum examining “the background, legal requirements, and data used in Federal agency decision-making regarding offshore wind development.” The consultancy claimed it had found actual violations of environmental law and that facts in the report “include material information that may have been omitted or misrepresented by offshore wind project developers and governmental decisionmakers.” Planet A* Strategies is run by Maureen Koatz, a former policy director for the Nuclear Energy Institute and Senate staffer.
Green Oceans has also retained federal lobbyists from two different firms, a noteworthy move for an organization that previously had no obvious government affairs footprint.
It is likely no coincidence that all of these petitions and this report are all being filed right now, as we saw a similar flurry of activity surround Empire Wind before its stop work order was issued. Similar noise occurred in the days before Atlantic Shores lost a key EPA permit, sending work on the project into indefinite hiatus. For this reason, I suspect we will see more actions threatening other permits for offshore wind projects – and will be surprised if that doesn’t happen.
But at least this time there’s a countervailing force, as climate-minded environmentalists now swoop in too. Late Thursday, 10 major environmental non-profits – including NRDC, Sierra Club, Environmental Defense Fund, and the National Wildlife Federation – filed an amicus brief in the lawsuit that was filed by Democrat-led states against Trump’s blanket ban on offshore wind approvals and leases. I obtained a copy of the filing this afternoon from NRDC.
The amicus brief focuses on the argument that Trump’s order and the government’s compliance with it violates the Administrative Procedures Act. This comes after months of relative inaction from the environmental movement, other than a handful of rallies and public statements against the offshore wind ban.
The brief also declares that “when robust environmental review and permitting frameworks are applied, the responsible deployment of U.S. wind power is compatible with wildlife protection, public health, community protection and economic development,” and that the agencies “have taken an abrupt, 180-degree turn in their approach to wind permitting, without acknowledging this about-face, and without providing any justification, let alone a reasoned one.”