Tag Archive for: wind power

Biden’s Signature Climate Law Has A Major Achilles’ Heel — And Dems Are Making It Worse

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President Joe Biden’s landmark climate bill is being held back by a lack of comprehensive permitting reform, the absence of which enables environmentalist lawsuits that impede green energy projects subsidized by the legislation.

The Inflation Reduction Act (IRA) contained hundreds of billions of dollars to subsidize green energy projects nationwide, but the bill did not include significant reform to the permitting process that would expedite construction timelines and insulate developments from environmental legal challenges. Unless Congressional Democrats can negotiate a permitting reform package with Republicans in an election year, these problems will continue to dog the IRA’s implementation, energy policy experts and stakeholders told the Daily Caller News Foundation.

After solar and wind developments have been built, they need to be connected to the grid via transmission lines to feed power into the grid. Permitting reform would speed up the lengthy paperwork process for that transmission, as well as provide developers an additional layer of protection against environmental lawsuits that also disrupt the construction of green energy developments.

However, that reform has not happened yet, thanks in part to Congressional Democrats’ inability to agree among themselves on what that reform should look like to counter Republican proposals, according to E&E News.

“I think that not having any transmission reform is a huge barrier to implementing the IRA,” Isaac Orr, a policy analyst for the Center for the American Experiment who specializes in energy policy, told the DCNF. “I think there was an understanding that permitting reform was necessary in order to implement a lot of the things Democrats wanted as soon as they got the IRA … It’s a physical reality that you need the transmission in order to incorporate all this new capacity on the grid.”

The lack of reform has left numerous green energy developments open to legal challenges filed by environmental groups, who often will pursue similar legal strategies adopted by opponents of fossil fuel infrastructure projects in the past.

For example, a coalition of tribes and environmental organizations are suing to block a massive $10 billion transmission project in Arizona, while different coalitions have taken to court to allege violations of environmental laws on the part of offshore wind developers building wind farms in waters off the coasts of Virginia and Massachusetts. Elsewhere in the country, conservation groups have continued the years long fight against Wisconsin’s Cardinal-Hickory Creek transmission line by suing the government to stop construction.

“Reforms aimed at streamlining the federal government’s permit decision-making process and discouraging frivolous litigation have the potential not only to improve regulatory efficiency but also to bring about greater certainty and predictability in the offshore wind sector,” Erik Milito, the president of the National Ocean Industries Association (NOIA) told the DCNF. “Litigation, particularly around alleged National Environmental Policy Act deficiencies, has been a significant hindrance for offshore wind projects. A robust U.S. offshore wind market relies on confidence and certainty in the permitting and regulatory process, which is essential for fostering growth and ensuring the success of these projects, much like any other major infrastructure endeavor.”

Democratic West Virginia Sen. Joe Manchin, a leading advocate for comprehensive permitting reform, has tried to advance legislation to expedite the permitting process and minimize opportunities for litigation to gum up timelines for all kinds of energy projects.

In total, there are no fewer than ten different permitting-related bills in Congress and two major regulatory initiatives underway on the federal level, but progress on streamlining the permitting process is still very sluggish, according to Utility Dive.

“All of these things, the Clean Water Act, the way the National Environmental Policy Act is now run … you can’t get anything built because of these statutes,” Mike McKenna, a Republican strategist with extensive experience in and around the energy sector, told the DCNF about Congressional gridlock on permitting reform.

“So we are about a year into you’re what I think is going to be a seven- or eight-year process, where everyone on the Left starts figuring out, ‘Oh, my goodness, these guys were right, You can’t build any of this stuff.”

Neither the White House nor the Department of Energy responded to requests for comment.

AUTHOR

NICK POPE

Contributor.

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Outsmarting Wind & Solar Lobbyists

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Most people know that lobbyists are paid shills (for a product, industry, or cause). However, few citizens are aware that almost all state and federal laws are written by lobbyists. That said, this commentary is just on one subject area: wind and solar energy. Since lobbyists’ objectives (e.g., their client’s financial gain) are in direct conflict with what is in the best interests of citizens, this is a deplorable situation.

This travesty will continue until lawsuits expose how such laws contradict other statutes on the books. For example, most states require that state utility boards approve energy projects based on two paramount criteria: cost and reliability.

But wind and solar projects are high cost and low reliability — so how could any of them ever be approved? Because: 1) of the undue influence of lobbyists, 2) state utility boards are acting to support political agendas (instead of their own statutes), and 3) no one is suing them for their lack of adherence to state laws, etc..

One way around this has been citizens getting their community to impose reasonable (science-based) rules and regulations on local wind or solar projects (e.g., regarding setbacks, etc.). Of course, lobbyists and political virtue signalers find that citizens restricting non-sensical industrialization in their own community, to be unacceptable.

In response lobbyists got state legislators to pass state laws that limited what local legislators could do regarding the regulation of such projects in their community. For example, local communities are not allowed to make setbacks more than a “state approved” amount — regardless of what scientific information they have.

A major problem here is that in some cases, these new state restrictions are a violation of Home Rule rights. See here for a basic definition of what this means, and the numerous states that have Home Rule. Again, they get away with this extraction of citizens’ rights, because no one is properly suing them for this infringement.

The choice for citizens here is very simple: a) roll over and continue to be beaten down, or b) decide that they have had enough and then take meaningful action.

The good news is: if citizens are finally ready to pay hardball, they have several effective options. I’ve mentioned one already: sue state agencies for not complying with their statutory obligations. The most powerful lawsuit is to sue state agency members individually using the Federal 1983 Statute. This is to sue them personally for violating your civil rights, but it requires a sympathetic, aggressive attorney.

Note: I am not an attorney, so I am not giving legal advice here. Instead, I am simply letting you know some options available. Consult with a competent lawyer.

Another effective strategy against lobbyist influence is to outsmart them. For example, state laws that restrict how communities can regulate wind and solar are almost always about not allowing stricter setbacks, etc. than the state specifies. (Of course, the state has no scientific basis for the setbacks they allow — and, again, a proper lawsuit would expose that major deficiency.)

To effectively fight lobbyists it is essential to know the key factors needed to be properly regulated for industrial wind projects or solar projects. A clever way to outsmart them is to pass local regulations that are not specifically identified (limited) in a state law.

For example, pass a Property Value Guarantee. My energy website has a document about PVG, which also shows the scientific justification for it. PVGs are also incorporated into our model local wind and solar ordinances.

Some other clever tactics are:

  1. Pass zoning laws that limit where wind or solar projects are allowed,
  2. Pass an ordinance prohibiting any wind energy-related PILOT program,
  3. Assess wind or solar projects at their FULL value,
  4. Pass a General Zoning Ordinance listing a wide variety of things (including industrial wind energy) that would be inconsistent with your Town’s character, objectives, etc. [e.g., what the Town of Dryden did, which was upheld in court],
  5. Require that the wind or solar facility developer not impose any confidentiality clauses on any landowners, in their lease or easement agreements, and
  6. Declare your community to be a Sanctuary Community (opting out of certain regulations imposed on it by the State). [Note: to date, this has been done regarding immigration, gun laws, etc., so no good reason why not a renewable sanctuary!]

The bottom line is that if citizens are determined and creative (i.e., use critical thinking), they can outsmart lobbyists and lapdog politicians.

Here is a 100% guarantee: if you don’t properly defend your rights, they will take more of them away!

©2023. John Droz, Jr. All rights reserved.

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A New Study Could Spell Trouble For The Future Of Wind Energy

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Wind energy resources have been in sharp decline in regions all across the world, according to a study conducted by Chinese researchers.

After analyzing data from more than 1,000 weather stations around the world, a team of researchers from the Chinese Academy of Sciences found that 67 percent had witnessed an extensive decrease in wind power potential over the course of nearly 40 years. The team — which also induced a researcher from Purdue University — reached their findings after examining the changes of wind surface speeds from 1979 to 2016.

“The results show that surface wind speeds were decreasing in the past four decades over most regions in the Northern Hemisphere,” the study’s authors wrote, according to a Greentech Media report on Wednesday.

Around 30 percent of locations in North America have witnessed a 30 percent drop or more in available hub-height wind power. Sites in Europe were worse, where about 40 percent experienced a similar decline. However, the effect was the most significant in Asia, where around 80 percent of sites on the continent saw a 30 percent drop in wind.

It’s not immediately clear what is behind the decline of wind across the Northern Hemisphere. Dr. Gang Huang, a corresponding author of the research, revealed to Greentech Media that they are currently performing a follow-up study to help determine possible causes.

Huang surmised that surface cover changes — such as the fast expansion of cities in developing countries — could possibly be affecting wind speeds, but maintained that it’s just an assumption. Increases in carbon dioxide emissions have also been predicted to decrease wind power.

Another cause could be the expansion of wind energy technology itself. A study published in November found that wind farms upwind from other turbines reduced their electricity generation. This “wake effect,” the study found, reduces wind speed and affects turbines downwind from their direction. The research team from the Chinese Academy of Sciences did find that the most dramatic decreases in wind power in China tended to occur “where a number of gigantic commercial wind farms were built.”

However, other experts warn to use caution before reaching conclusions.

“We need to take these kinds of studies with a pinch of salt, with all due respect to them. Maybe it’s true, but would it have an impact on the industry? I don’t know,” said Shashi Barla, an analyst with Wood Mackenzie Power & Renewables. Barla added that a drop in wind power could be offset with advancement in wind turbine technology.

No matter what changes with wind power in the United States, wind energy is expected to make up an increasing part of the country’s generation industry. State governments across the country continue to increase their renewable energy mandates, with wind generation already a major presence in Midwestern states.

The Trump administration has been a major backer of wind energy development. The Interior Department announced a $405 million offshore wind auction that shattered all previous records.

COLUMN BY:

Jason Hopkins

Energy Investigator. Follow Jason on Twitter.

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