The Need for Alignment: Internal to Agencies, Among Governments, and Within Administrations

Diablo Canyon, California’s last operational nuclear plant, is due to be shut down in 2024.
PHOTO: GEORGE ROSE/GETTY IMAGES
This was the original photo that went with Ted’s op-ed in February. apparently the State decided to keep it open for five more years.

I’ve been thinking about alignment lately.  I’ll tell you three stories, then point you to an op-ed, and ask you for examples where you think alignment needs to be fostered, as well as ways to create alignment. I know some “old Forest Service” types that could produce alignment, perhaps that was a different cultural moment, or they had skills that could still be useful?

(1) First, when I was trying to get input from Forest Service research silviculturists for our MOG letter, I was told (as were others) that they weren’t allowed to talk about it.  So I asked Jamie Barbour and he said that wasn’t the case.  All the National Forest System silviculture folks returned my calls and emails, and answered my questions.  The Forest Service didn’t know there was a problem with alignment until someone from outside told them. How else would they know?  I’m expecting by the next round of comments on MOG, this will be cleared up.

Intra-organizational alignment.  In a large organization, tough to achieve and keep going.

(2) Second, I have a friend in a mountainous subdivision of Denver, who is working wholeheartedly on wildfire mitigation.  I could give many examples, but here’s one.  She’s trying to get infrared cameras placed on mountaintops.. but some telecom group wanted to charge $30K or so a month to put it there.  Other telecom companies would do it as a public service, but perhaps not in the best locations. If it were really important to do whatever to stop fires in communities.. people would be looking at this.  Maybe there are but we don’t know.  So many moving parts, so many responsibilities so much unclear.

Alignment among levels of different government and other authorities.. perhaps the most difficult kind of alignment to achieve.  Often it’s not really clear who is in charge of what, and it’s not clear that anyone is looking at the big picture. And at the same time, looking at the mis-alignments at the local level where the proverbial fire hits the stucco.  I hope that the Wildfire Commission might help with multi-level alignment, but I wonder whether they will solicit input on “why it’s hard to get mitigation done” from all the relevant people and institutions at the local levels.

(3) Third is the obvious challenge of “more energy infrastructure ASAP” versus current permitting procedures.  Some groups seem to feel like the current situation cannot be changed in any way or “the nations fundamental environmental laws will be undermined.” Some groups were pushing President Biden to declare a “climate emergency”.   It seems logical, perhaps, then that emergency CEQ and agency NEPA provisions could be invoked for a very wide range of mitigation and adaptation projects- including ones that would be off-limits if the groups promoting “no cutting of 80 year old trees” win out.  It seems like a major misalignment to me. Because nowadays everything can be linked in some way to climate change mitigation or adaptation.

But back to the renewable build out vs. permitting procedures as sacred text as described by Ted Nordhaus of The Breakthrough Institute in this Wall Street Journal op-ed.

In Nevada’s Black Rock Desert, local environmentalists and devotees of the Burning Man festival are using the National Environmental Policy Act (NEPA) to oppose a geothermal energy plant. Further south, the Sierra Club has joined with all-terrain vehicle enthusiasts to stop development of what would be the nation’s largest solar farm, which it says threatens endangered tortoises. Along the Atlantic seaboard, plans for major offshore wind farms have been hogtied by provisions of the Jones Act, an obscure law that requires maritime cargo to be transported exclusively by U.S.-flagged ships when it is shipped between domestic ports. It is an obstacle that may ultimately prove beside the point because proposals to develop wind energy in American coastal regions have also faced a constant barrage of NEPA and Endangered Species Act (ESA) lawsuits designed to stop them.

The problem isn’t limited to renewable energy. In California, environmentalists have used a state law designed to protect fish eggs as a pretext to close the Diablo Canyon Nuclear Power Plant, the state’s largest source of clean energy, while the California Environmental Quality Act has hobbled efforts to build both high-speed rail and high-voltage transmission lines that the state is counting on to meet its climate commitments. In Washington, D.C., meanwhile, the Nuclear Regulatory Commission peremptorily rejected last month the application of the first advanced nuclear reactor developer to seek a license before the commission, to cheers from leading environmental groups.

Across the country, foundational laws established in the 1960s and 70s to protect the environment are today a major obstacle to efforts to build the infrastructure and energy systems that we need to safeguard public health and save the climate. Though the Biden administration and Democrats currently propose to spend close to a trillion dollars on low-carbon infrastructure and technology, there is little reason to believe the U.S. is capable of building any of it in a timely or cost-effective way.

I particularly liked the ATVs and Sierra Club aligned.  And doesn’t it make you wonder where all the money will actually go? Check the whole op-ed out, I don’t think it’s paywalled.

Will there be environmental costs to clearing away the detritus of decades of environmental regulatory policies? Without question. Some ill-conceived projects will get the green light, and those projects may have a negative impact on local environments. But we have a range of other legal tools to protect our most valuable environmental resources, from federal authority to protect public lands to the Clean Water Act and the Clean Air Act.

The U.S. can no longer continue to neglect its compounding infrastructure and clean-energy needs. We aren’t going to regulate our way to a thriving low-carbon economy and a more stable climate. America needs to get back to building again.

I was reminded of Sally Fairfax’s article in 1978

  • Sally K. Fairfax, “A Disaster in the Environmental Movement,” 199 Science743 (17 Feb.1978)
Unfortunately I can’t get through the paywalls ($30 to Science and it’s not available to free users of JStor) to clip out pieces of the paper, but as I recall, her argument was that NEPA focused environmental groups on procedural rather than substantive statutes.  Nevertheless, I would say to Nordhaus that ESA is a procedural statute like CWA and CAA. Maybe there’s a legal reason those are less often used.

Leaked Draft Permitting Deal from WaPo: What’s in There and Would it Work?

Here’s a leaked copy of draft legislation for permitting “side deal”.. maybe someone want to read through this and figure out what it means and whether or not it is likely to help?

Here’s a link to a WaPo article:

According to our old friend Rep. Raul Grijalva, there seems to be no middle ground.

“Destroying NEPA has long been on Republicans’ wish list,” Rep. Raúl Grijalva (D-Ariz.), the House Natural Resources Committee’s chairman, said in a recent interview. “But now, in a bizarre twist of history, Democrats are in a position to deliver on that agenda.”

Here’s what the WaPo says about the contents:

The leaked draft of the bill, which bears the watermark of the American Petroleum Institute, would shorten environmental reviews under the National Environmental Policy Act and require President Biden to designate 25 energy projects of “strategic national importance,” among other provisions.

And responses of groups.. but is a deal a deal or not? Is it too late to go back on the deal? Were groups negotiating in good faith, or are these different groups?

A coalition of 650 climate groups on Wednesday sent a letter to Democratic leadership expressing “strenuous opposition” to the deal. Earthjustice, an environmental law organization, has also circulated an analysis of how the permitting proposal could accelerate the approval of fossil fuel projects, according to a copy of the analysis obtained by The Post.

“There’s a misconception right now that we won’t be able to build out the clean energy infrastructure we desperately need unless we roll back environmental laws,” said Earthjustice President Abbie Dillen.

But Heather Zichal, a former White House climate adviser who is now the chief executive of the American Clean Power Association, said the permitting proposal will play an essential role in realizing the benefits of the climate bill, dubbed the Inflation Reduction Act.

“There are so many terrific new opportunities for clean energy deployment within the Inflation Reduction Act,” Zichal said. “If you don’t have a parallel call to modernize the way these projects are permitted, it’s hard for me to see that these projects will come online in a timely manner.”

It looks like it’s “clean” power supporters vs. the “current permitting processes as sacred” groups.. I think it will be hard for either to argue from a position of moral superiority. Which will be a welcome relief, at least to some of us.

Get Ready for a new American West: Who Sacrifices What to Meet California’s Electricity Demand?

Hundreds of active turbines produce power at PacificCorps' Ekola Flats wind farm.
Turbines at PacificCorp’s Ekola Flats wind farm outside Medicine Bow, Wyo.
(Robert Gauthier / Los Angeles Times)

This is the Aug. 25, 2022, edition of Boiling Point, a weekly newsletter about climate change and the environment in California and the American West. Sign up here to get it in your inbox.

Sammy Roth’s newsletter today which is well worth looking at.

But not every Western community is embracing renewable energy — and it’s often hard to blame them.

As my colleagues and I traveled across Wyoming, Utah, Colorado and Nevada, we spent time with a biologist who worries about wind turbines killing golden eagles; a rancher who fears Anschutz’s power line will industrialize his rural backcountry; and a National Park Service official who says the power line will interrupt scenic views on the road to a national monument. There are many such conflicts across the West, some of which involve clean power projects threatening sacred Native American sites.

Global warming is still the overriding concern — at least for me, a 30-year-old Los Angeles resident worried about a future of more dangerous heat waves, droughts, megafloods, wildfires, infectious diseases and rising seas. These changes should be alarming for everyone, everywhere, in my view. There’s no spot on planet Earth immune to the climate crisis.

But our road trip gave me pause.

Yes, the landscapes and communities we explored are distressingly vulnerable to climate change. But who am I to tell the people who live and work and play in these rural places that they’re missing the big picture? How is it fair for me to conclude that parts of the West are worth sacrificing to meet California’s demand for large amounts of electricity?

And yet Governor Newsome is now trying to keep Diablo Canyon open; and there is funding for nuclear in the IRA.

Anyway, here is Roth’s roundup of ideas..

As I’ve learned over eight years reporting on energy in the American West, there are plenty of opportunities to build bridges and seek out middle ground.

That could involve big cities working with small towns — especially towns losing fossil fuel jobs — to help those rural communities actually reap the economic benefits of clean energy. That’s what Los Angeles is trying to do in Utah’s Millard County, where the nation’s second-largest city is preparing to shutter a coal-fired power plant it’s operated for decades.

As we’ve seen in Kemmerer, Wyoming, there was not need to involve big cities, just big bucks from Bill Gates, and probably the feds. One wonders whether LA has enough of its own problems to solve.

It could also involve government agencies and conservationists mapping out the most sensitive habitats, and prohibiting wind and solar farms in those spots — while promoting clean energy development in less sensitive areas. That’s what California and the federal government have tried to do with the Desert Renewable Energy Conservation Plan.

Jon has mentioned this before.. we all agree that this is the way to go.. but what is keeping it from happening elsewhere? Lack of federal or state leadership? We have a D federal admin and several western states have D govs, so it must not be politics.  And what if we map all those sites and they do not add up to the amounts needed?

It almost certainly involves going big on rooftop solar power in major cities such as L.A. The more solar panels installed on homes, parking lots and warehouses, the fewer sprawling solar and wind farms will be needed to eliminate fossil fuels — which is one reason many climate activists are furious with a California proposal to slash rooftop solar incentives.

Stronger collaboration among Western states could also help. Right now, power-grid operators from California to Montana share relatively little electricity, even when one of them has extra solar or wind capacity that could help keep the lights on in a state facing a power-supply crunch. Although there are political pitfalls to overcome, a coordinated Western electric grid could help phase out fossil fuels in the West while (somewhat) reducing the need for new clean energy infrastructure.

A man in a hard hat stands on a staircase next to a huge wind turbine, whose blade is seen above.
Laine Anderson, PacifiCorp’s director of wind operations, stands next to a turbine at the Ekola Flats wind farm outside Medicine Bow, Wyo.
(Robert Gauthier / Los Angeles Times)

Farms and ranches offer another intriguing opportunity. As I’ve written previously, building solar projects on farmland is one way to avoid damaging pristine wildlife habitat, while also reducing water use in drought-stressed regions such as California’s Central Valley. And scientists have found that reducing cattle grazing is one of the best ways to restore Western ecosystems.

Um.. don’t we need farms to produce food?  And turbines don’t seem to bother cattle all that much, so how does that relate?

But as always, there are complications. Although some farmers and ranchers have embraced solar and wind energy as a new source of income, others see industrial renewable energy projects as a threat to their agricultural way of life. It’s a topic I’ll be covering soon as part of the next story in our Repowering the West series.

Which brings me to one last point: Seeking out middle ground is extremely worthwhile, and necessary to speed up the clean energy transition. But all the creative problem-solving in the world won’t make everyone happy.

It’s pretty much impossible to build a clean energy project with zero opposition and zero consequences — no matter how much care you might take to protect ecosystems and work with rural communities. Confronting the climate crisis will almost certainly result in some ruined views, dead eagles and job losses in towns that can’t afford them.

That may sound harsh, but so is living in a small apartment without air conditioning during a brutal heat wave, in a neighborhood with few shade trees and no public parks. So is going to elementary school in the shadow of a polluting oil refinery, and struggling to secure safe drinking water after your well runs dry, and fleeing from wildfire after wildfire.

Wouldn’t the solution to these be.. establishing shade trees and public parks (role of city government?). The link goes to a Grist article making the case that California does a poorer job of regulating drilling in neighborhoods than Wyoming and Texas and not about refineries at all.

Al Muratsuchi, the state assemblymember who introduced A.B. 345, pointed to the political power of the oil industry as the culprit for the bill’s failure. “The reason why the bill died in committee with three Democrats voting against the bill is not only the political power of big oil but also the political power of the labor unions that represent workers who have a stake in the oil industry,” Muratsuchi said. “We talk a lot about how science should prevail over politics. In this case, the science is clear — but the politics prevailed.”

In response to a request for comment, a WSPA spokesperson said that the oil and gas industry does not oppose setbacks wholesale, but that “a one-size-fits-all approach for an entire state for an issue like this is rarely good public policy.”

Interesting that “Still, California is the nation’s seventh-largest oil-producing state.”

The “well runs dry” link goes to an article that says:

The San Joaquin Valley’s water well problems stem from a complex mix of infrastructure failure, contamination and record-dry conditions.

I don’t see how wind farms in Wyoming will help with lack of urban forests and parks, or problems with setback regulation in California, or infrastructure failure and contamination.  In the long term it can help (to some extent) with wildfires and droughts.. but only over a very long term.  And wildfires and droughts also affect the states to be industrialized. Until then, we need to deal with those issues as best we can, both in LA and throughout the West.

 

 

Eagles and Wind Turbines: A Roundup of Recent News Stories and Some More General Reflections

 

Wildlife biologist Mike Lockhart admires a golden eagle after trapping, sampling and fitting the raptor with a GPS device in June 2022. (Dustin Bleizeffer/WyoFile)

For years we have been told that oil and gas drilling on federal lands is bad because:

1*Federal land is abused for the profits of a few. (corporate profits)

2* Pristine landscapes are industrialized

3* Placement of infrastructure interferes with recreation

4* Bad for wildlife,

5* Roads bad for water quality, also increase human activity

6* Other environmental concerns

7*Methane leakage, chemicals onsite, and finally

8*Usage of oil and gas (not considering substitution from elsewhere)

*******************

If you’ve ever been to a wind installation (whose footprint is much greater and, with proposed solar, is going to be gigantic), you’ll know where I’m going with this.

Some will argue that sacrificing concerns 1-6 are necessary for a low-carbon future.  On the other hand, through time, there will be other choices (including in the new IRA) for low-carbon energy such as the nuclear plant being developed in Kemmerer, Wyoming that will use former coal plant workers and existing powerlines.

Anyway, I’m bringing your attention to three stories about this, two current stories one from Wyofile, one from the AP and one from 2019 from the Hill.

The Wyofile story is an interview with a retired USFWS wildlife biologist now doing resarch for USGS and Conservation Science Global.

 The expansion, which energy experts believe may even accelerate further under the Inflation Reduction Act, could pose a serious threat to eagles and other wildlife in certain areas without field-data-driven information to guide avoidance and mitigation strategies, according to Lockhart. …..

This is probably one of the best places, that I know of anyway, for golden eagles in North America,” Lockhart said. “I am a big wind energy advocate and definitely a green energy supporter. But we can’t devastate one really critically important resource for another.”

Maestro has yet to file an official permitting request with the BLM and other permitting authorities. The company didn’t respond to WyoFile inquiries. To move forward, the BLM, which manages more than 80% of the project area, must conduct a full National Environmental Policy Act analysis with public comment.

The Maestro project isn’t the only wind proposal that worries Lockhart.

“I’m equally concerned about the ones that might impact breeding birds and kind of fill in those gaps between the existing wind [energy facilities],” he said.

Another field scientist concerned about modeling over field data (see, it’s not just me).

But Lockhart worries that the vital data from field research is emerging slower than encroaching wind turbines in southern and south-central Wyoming. Federal wildlife managers that can determine where and how wind energy facilities are configured to avoid threatening eagle populations are relying too much on modeling to fill in gaps between actual data, he claims.

“The data is just inadequate for making these [permitting] decisions,” Lockhart said…

Then there are cumulative impacts:

Of particular concern, he said, are proposed wind energy projects that will essentially fill in yet-to-be industrialized areas, such as the Maestro wind energy project in the Shirley Basin. Carlsbad, California-based Maestro Wind LLC proposes to construct up to 327 wind turbines spanning nearly 99,000 acres that straddle Highway 77 here. The project area essentially encompasses the heart of the Shirley Basin’s eagle habitat, according to Lockhart.

Wind energy developers, in the pre-construction federal and state permitting process, typically borrow from existing data on local nesting sites and eagle populations and hire consultants to conduct new surveys in the field. But that information isn’t typically compiled in a way that allows for a comprehensive count or region-wide database that could be used to analyze potential cumulative impacts.

Although the Wyoming Game and Fish Department reviews and comments on wind energy proposals in federal permitting, it doesn’t conduct comprehensive eagle field surveys and mostly defers to federal wildlife authorities, according to Public Information Officer Sara DiRienzo.

“There is a growing concern especially with raptors, such as the golden eagle or the ferruginous hawk, that there may be population impacts, especially when you look at locations that have multiple wind farms,” DiRienzo said. “Understanding the cumulative effects is still ongoing and not conclusive at this time.”

In the mid 90’s there were many Biodiversity workshops, and so I spent much time listening to presentations about endangered birds of various kinds (think owls and murrelets). I had to wonder whether populations go down partially because wildife biologists conduct activities that look like harassment, calling, baiting, trapping and so on.  Maybe there are studies on this.

The AP (Matthew Brown) has a lengthy story about eagles and windfarms. I found it in the Colorado Sun. Hopefully it’s not paywalled or is available elsewhere.

The rush to build wind farms to combat climate change is colliding with preservation of one of the U.S. West’s most spectacular predators — the golden eagle — as the species teeters on the edge of decline…

Federal officials won’t divulge how many eagles are reported killed by wind farms, saying it’s sensitive law enforcement information. The recent criminal prosecution of a subsidiary of NextEra Energy, one of the largest U.S. renewable energy providers, offered a glimpse into the problem’s scope.

The company pleaded guilty to three counts of violating the Migratory Bird Treaty Act and was ordered to pay more than $8 million in fines and restitution after killing at least 150 eagles — including more than 100 goldens at wind farms in Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois.

Government officials said the mortality was likely higher because some turbines killed multiple eagles and carcasses are not always found.

Prosecutors said the company’s failure to take steps to protect eagles or to obtain permits to kill the birds gave it an advantage over competitors that did take such steps — even as NextEra and affiliates received hundreds of millions of dollars in federal tax credits for wind power.

The company remained defiant after the plea deal: NextEra President Rebecca Kujawa said bird collisions with turbines were unavoidable accidents that should not be criminalized.

Utilities Duke Energy and PacifiCorp previously pleaded guilty to similar charges in Wyoming. North Carolina-based Duke Energy was sentenced in 2013 to $1 million in fines and restitution and five years probation following deaths of 14 golden eagles and 149 other birds at two of the company’s wind projects.

A year later, Oregon-based PacifiCorp received $2.5 million in fines and five years probation after 38 golden eagle carcasses and 336 other protected birds were discovered at two of its sites.

*******************

We don’t have to go too far back in time, though,  to get a different take. From a news piece on The Hill.

Shawn Smallwood, a California ornithologist, told PolitiFact that about 100 eagles die each year due to impacts with wind turbines…

In truth, wind turbine collisions comprise a fraction of human-caused eagle losses,” Obama-era U.S. Fish and Wildlife Service Director Dan Ashe wrote in 2016. “Most result from intentional and accidental poisoning and purposeful shooting. The majority of non-intentional loss occurs when eagles collide with cars or ingest lead shot or bullet fragments in remains and gut piles left by hunters. Others collide with or are electrocuted on power lines.”

I think Ashe’s argument is interesting.  If x, y and z contribute to decline of a species, when do we try to shut down x, y, and z, and when do we determine that if the majority of the loss is due to x and y, we aren’t concerned about z.  Is the way we think about this inconsistent?

Finally, these articles are about collisions.  Noise may also interfere with a variety of bird activities. For example, the highly political dramatized sage grouse..from a BLM document:

Recent research has demonstrated that noise from natural gas development negatively impacts sagegrouse abundance, stress levels and behaviors (Blickley et al. 2012; Blickley & Patricelli 2012; Blickley et al. In review). Other types of anthropogenic noise sources (e.g. infrastructure from oil, geothermal, mining and wind development, off-road vehicles, highways and urbanization) are similar to gas-development noise and thus the response by sage-grouse is likely to be similar. These resultssuggest that effective management of the natural soundscape is critical to the conservation and protection of sage-grouse.

 

 

Now Comes the Hard Part of the IRA: The Problems of Siting Wind and Solar, by Sammy Roth of LA Times

Wind turbines in California Desert from BLM website

 

Like the Bipartisan Infrastructure Bill does for fuels projects, the so-called Inflation Reduction Act (IRA) or Big Climate Bill, or whatever, puts enormous bucks in the pipeline (so to speak) for solar and wind (as well as other) projects. The key thing about solar and wind, though, is the massive footprint.  As usual, Sammy Roth of the L.A. Times does a good job of presenting diverse perspectives in this article. We’ll discuss the Build Back Better forest-related leftovers in this bill in another post.  NB: “an area much bigger than California.”

But finding good sites for all those renewable energy projects — and contending with opposition from landowners, Native American tribes and even environmental activists — could be just as challenging as getting a bill through Congress.

Across the country, local opposition has slowed or blocked many renewable energy facilities, and land-use conflicts are likely to intensify. Princeton University researchers estimate that zeroing out U.S. carbon emissions by 2050 could require installing solar panels and wind turbines across more than 225,000 square miles, an area much bigger than California.

“There’s this misperception that there’s plenty of land,” said Eric O’Shaughnessy, a renewable energy researcher at Lawrence Berkeley National Laboratory. “That is true, but [solar and wind farms] have to go in specific places.”…

Two recent studies help explain the sources of that opposition — and what might be done to alleviate local concerns.

The first study, from researchers at Massachusetts Institute of Technology, explored 53 renewable energy projects that were delayed or blocked over more than a decade. It found that the most common sources of opposition were concerns about environmental impact and land use.

California and neighboring states have seen both types of conflicts. Some conservation groups have tried to block solar and wind farms in the Mojave Desert, citing potential harm to desert tortoises, golden eagles and Joshua trees, among other animals and plants. Just this month, Ormat Technologies Inc. paused construction of a geothermal project in Nevada while federal wildlife officials study whether it would harm the endangered Dixie Valley toad.

Then there’s San Bernardino — California’s largest county by land area. Three years ago, it banned solar and wind farms on more than 1 million acres, spurred by locals who worried that the sprawling projects would industrialize their rural communities.

….
Local people (of all ethnicities, Indigenous or not)  can also be concerned about wildlife, bird and other impacts.  Even people who might not always agree with conservation groups (e.g. ranchers).

Some clean energy advocates consider that type of opposition to be, at best, NIMBYism and, at worst, thinly veiled climate denial.

Philosophical Questions: Can Indigenous people be NIMBY’s or be dismissed at climate denialists?  When do local people have legitimate concerns about any kind of new infrastructure and who decides whose concerns can be dismissed?

But Lawrence Susskind, an urban planning professor and the MIT study’s lead author, said local concerns of all kinds need to be taken seriously. His research has convinced him that speeding up the clean energy transition will be possible only if developers take the time to make a good-faith effort to gather input from communities before dumping solar and wind farms on them.

Too often, Susskind said, companies exclude local residents until the last minute, then try to steamroll opposition — to their own detriment. His study cited 20 projects that were blocked, some by lawsuits or other forms of public resistance.

“If you want to build something, you go slow to go fast,” he said. “You have a conversation, not a confrontation.”

********

I agree and wonder how does” going slow to go fast” fit with getting it done by 2030? Or would it be more honest (yes I know, politicians (!)) to say we are on a path, this is the best path we can agree on, and we’ll get to where we get to.

Stanford University researchers hope to facilitate similar compromises for the rest of the country.

Not to diss Stanford, but should there be others engaged in developing those compromises across the country? I would tend to see this as a role of State government. For example, I’d see at least Colorado School of Mines and CSU involved, the former the energy experts, the latter the rural people, wildlife and agriculture experts. This big bag o’ bucks is an opportunity to build governance bridges IMHO.

Stanford’s Dan Reicher told The Times he has convened more than 20 groups — representing the solar industry, environmental advocates, Native American tribes, the agriculture industry and local governments — in an “uncommon dialogue” to discuss land-use conflicts involving large solar farms. It’s modeled after a dialogue he convened for the hydropower industry and conservation groups that led to an unprecedented agreement between those long-warring factions.

Reicher hopes the solar discussions will lead companies to make smarter decisions about where to build projects — and do a better job communicating with local residents and conservationists when they think they’ve found good locations.

“Done well, siting is a highly technical process that also lends itself to significant input,” Reicher said.

O’Shaughnessy agrees on the need for public engagement upfront.

The Lawrence Berkeley researcher was lead author of the second recent study, which found that solar and wind farms typically are built in rural areas with low-income populations — and those projects can be either a benefit or a burden to those communities, depending on local factors. Construction jobs and tax revenue can be a boon, while loss of agricultural land can be a big loss.

Renewable energy facilities can also destroy land held sacred by Native American tribes or disrupt treasured views.

The potential harms from solar and wind energy pale in comparison with the dangers of oil and gas drilling and other fossil fuel projects, which, unlike renewable energy, can expose residents to cancer-linked chemicals and other toxic substances. The low-income communities of color that have borne the brunt of fossil fuel pollution are also especially vulnerable to climate change consequences.

Note that “solar and wind farms typically are built in rural areas with low-income populations”. If we look at places in the interior West anyway where build out has occurred, this seems to be the case.  They may be particularly vulnerable to climate change consequences, but sometimes are, and sometimes aren’t communities of color.

I also think there’s a difference between drilling impacts and the impacts of other fossil fuel infrastructure (refineries) that is not clear here.  For one thing,  drilling may not be close to communities at all, as we see in much federal lands drilling.

Taking steps to ensure that solar and wind farms in vulnerable communities don’t worsen ongoing injustices is important, O’Shaughnessy said. It’s a priority for the Biden administration, which has set a goal of delivering 40% of the benefits of federal investments in climate and clean energy to disadvantaged neighborhoods — an initiative known as Justice40.

“There will be projects that move forward despite some degree of local opposition. That’s inevitable,” O’Shaughnessy said. “It comes back to making sure there are participation processes in place to do this as fairly and equitably as possible.”

The key question is whether enough clean energy can be built fast enough to avert climate catastrophe.

Susskind, the MIT researcher, thinks it’s doable. He said renewable energy companies should be willing to redesign their projects to avoid sensitive lands and to offer financial compensation to people or businesses who feel they’re being harmed.

“More stuff would get built faster,” he said.

The national trade group Solar Energy Industries Assn. agrees with that assessment.

Ben Norris, the group’s director of environmental policy, said in an interview that engaging with communities early — and giving them a real opportunity to be heard — is “the hallmark of good project development.” He said it’s an area the solar industry is working to improve, in part through the Stanford initiative — and the Senate deal makes it more important than ever.

“This is such a historic opportunity that we’re on the cusp of that we need to get it right,” Norris said.

************************
I see a tension here.. going slow to go fast, vs. climate emergency and do it now. It will be interesting to see how this plays out.

California Law Expedites Permitting of Renewables, Battery Manufacture, and Powerlines: and a German National Approach

I like watching California grappling with climate change from the “laboratory of democracy” point of view. And I’m helped along in my observations by one of my favorite reporters, Sammy Roth.

California lawmakers passed a sweeping, polarizing energy bill last night, making it easier for state officials to buy electricity from beachfront gas plants and diesel generators, and to approve solar and wind farms over the objections of local governments.

What’s interesting about this at the macro scale is that California is faced with the reality of having reliable power- today and tomorrow. As I often say, you can’t solve an engineering problem with more words. While the chatterati opine about how easy it is to decarbonize, and the evil oil and gas industry preventing it, someone has to actually provide power.  So the Legislature grappled, and they came up with something that sounds…at least somewhat common-sensical.  It’s interesting that Roth refers to the bill as “polarizing”.  I wonder when a plain old disagreement is a “polarizing” disagreement. Or whether by naming perhaps garden-variety disagreements this way, we highlight the emotive extremes and invisibilize the center. Those boring and practical folks who want to deal with climate change AND keep the lights on.

Here’s a link to the article. For the purposes of TSW, though, I’d like to focus on the description of part of the bill that works on speeding up infrastructure buildout, in an earlier Roth piece for some ideas that might be of interest in expediting permitting on federal lands.

A separate provision would allow companies building solar farms, wind turbines and lithium-ion batteries — as well as electric lines to connect those facilities to the grid — to opt in to an accelerated approval process that doesn’t require sign-off from county governments. State officials would be required to conduct environmental reviews and approve or deny those projects within nine months. Legal challenges to any project approvals would need to be resolved by state courts within another nine months.

Needless to say, (at least some) local governments are less than thrilled.

Local governments have at times emerged as a serious obstacle to clean energy, with San Bernardino County supervisors banning solar and wind farms on more than 1 million acres in 2019 and Shasta County supervisors set to vote next month on a wind farm moratorium. Shasta and Humboldt counties have both rejected proposed wind farms in recent years — an increasingly common occurrence across the Western U.S. as local residents raise concerns about environmental damage and diminished views.

Major solar companies have been focused on building better relationships with local officials rather than pushing to circumvent county approval, several people familiar with the industry’s thinking told The Times. The California Wind Energy Assn., on the other hand, supports Newsom’s plan to let the state handle permitting where developers prefer it, executive director Nancy Rader said.

The plan for speedier solar and wind approvals has also drawn support from the International Brotherhood of Electrical Workers. Developers who opt in to the streamlined process would need to hire union workers through project labor agreements.

“We think that’s a wise balancing of an option for developers who have their ducks in a row and want to go to the Energy Commission, which is extremely capable and competent and talented,” said Marc Joseph, an attorney representing IBEW.

Major environmental groups haven’t taken a position on Newsom’s proposal to streamline project approval, after an earlier provision that would have eliminated additional layers of review — including from the Coastal Commission — was removed.

Local governments, though, are furious.

In a letter opposing the bill, the California State Assn. of Counties, Urban Counties of California, Rural County Representatives of California and the League of California Cities said renewable energy facilities “can have enormous impacts on local communities.” They said the Energy Commission approval process is “overly broad, usurps local control, excludes local governments from meaningful involvement in major development projects within their jurisdictions, and could result in even more litigation.”

Two thoughts on this.. (1) could the Feds develop the same ideas for permitting on federal lands and leave the States out?

I’m just thinking federal land, but the Germans have draft laws for relaxing environmental requirements if their states don’t pony up the acres to meet federal requirements (yes, I know that the German government is very different):

With the “onshore wind energy law”, Germany’s 13 larger states have to have designated 1.4% of their surface area to onshore wind power by 2026; by 2032 they have to reach their respective target of 1.8-2.2%.

Bavaria, notorious for its anti-wind power policies, must reserve 1.8% of its land for onshore wind.

The states must do their own planning, guided by a set of uniform rules and modelling issued by the federal government, but can stick to individual distance rules if this doesn’t interfere with reaching the percentage target.

If, however, they do not manage to assign enough space to wind turbines, wind power investors would be automatically allowed to build new turbines in areas previously unavailable due to the distance rules. The country’s three city states, Berlin, Hamburg and Bremen, must use 0.5% of their area for wind power…

While satisfied that the government is tackling too long planning procedures and legal hurdles for wind power, industry representatives strongly criticised the species protection rules for creating new legal uncertainties that would prolong procedures even more.

(2) Who decides what is NIMBY and what is environmental justice, and on what specific criteria?

If it is legitimate for the well-heeled in Redondo Beach to want gas-fired power plants removed from their community, is it equally legitimate for local governments of the less-well-heeled to not want wind turbines?

 

Transmission Lines Complete: Wyoming Ready for Massive Wind Development: Wyofile

Here’s another one from Wyofile; we’ve talked about the Sierra Madre Chokecherry build-out before.  Two things I’ve noticed from attending public meetings on powerlines here in Colorado.  First, no one talks about how many new wind farms are expected in acres.  That’s possibly because they don’t know, the way it works is that once the powerlines are there, companies will then develop windfarms.

A person might wonder how that might fit with goals, say of some large  foundations and others to “protect” 50% of the western US.  Also the 30 by 30 effort of the Biden Admin and others.

Another topic raised by affected communities in Colorado is “why do we need to incur environmental damage so that other states have “cleaner” electricity?  Or in Colorado, if it’s not for our own use, but for Denver?  Is that just another example of the Interior West resources being used for urban areas?

And finally our friends at CBD and others are concerned about critters who mostly care about disturbed habitat and getting killed by blades (I’m thinking that ultimately there will be a tech solution to that one); it doesn’t matter to those critters if it’s an oil and gas road or a windfarm road. So it will be interesting for us to watch how all this plays out over time.

The added transmission capacity and increased number of “on-ramps” and “off-ramps” that the transmission lines would provide to Wyoming and the western grid set the stage for a major buildout of wind turbines in the state. When completed, that extra capacity and interconnectivity would also provide PacifiCorp — and possibly others — the ability to retire coal-fired power units in the state by meeting several new state-level power delivery and reliability requirements, according to University of Wyoming energy economist Rob Godby.

PacifiCorp’s Gateway South transmission line is part of the utility’s larger Energy Gateway Transmission project. (PacifiCorp)

“When you have a more flexible system, it’s just less likely that you need coal,” Godby said. “You can rely on a more flexible set of generation alternatives, and that old fossil fuel backbone [coal-fired power] is less relevant.”

Adding interstate transmission capacity — and therefore boosting the ability to move power in and out of Wyoming as needed — is integral to PacifiCorp’s plans to meet the state’s reliability standards, according to PacifiCorp spokesperson David Eskelsen.

“The Gateway South and Segment D.1 transmission projects were modeled in the 2021 [integrated resource plan] as key to system reliability as the energy transition is expected to continue,” Eskelsen told WyoFile.

Migratory Bird Treaty Act and Wind Turbines

Interesting AP story…MBTA meets wind turbines.  It seems that perhaps renewable energy companies (also) have bad actors.

Chris Szagola/AP

BILLINGS, Mont. — A wind energy company was sentenced to probation and ordered to pay more than $8 million in fines and restitution after at least 150 eagles were killed over the past decade at its wind farms in eight states, federal prosecutors said Wednesday.

NextEra Energy subsidiary ESI Energy pleaded guilty to three counts of violating the Migratory Bird Treaty Act during a Tuesday court appearance in Cheyenne, Wyoming. It was charged in the deaths of eagles at three of its wind farms in Wyoming and New Mexico.

In addition to those deaths, golden and bald eagles were killed at wind farms affiliated with ESI and NextEra since 2012 in eight states, prosecutors said: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois. The birds are killed when they fly into the blades of wind turbines. Some ESI turbines killed multiple eagles, prosecutors said.

It’s illegal to kill or harm eagles under federal law.

The bald eagle — the U.S. national symbol — was removed from protection under the Endangered Species Act in 2007, following a dramatic recovery from its widespread decimation due to harmful pesticides and other problems. Golden eagles have not fared as well, with populations considered stable but under pressure including from wind farms, collisions with vehicles, illegal shootings and poisoning from lead ammunition.

The case comes amid a push by President Joe Biden for more renewable energy from wind, solar and other sources to help reduce climate changing emissions. It also follows a renewed commitment by federal wildlife officials under Biden to enforce protections for eagles and other birds under the Migratory Bird Treaty Act, after criminal prosecutions were halted under former President Donald Trump.

Companies historically have been able to avoid prosecution if they take steps to avoid bird deaths and seek permits for those that occur. ESI did not seek such a permit, authorities said.

The company was warned prior to building the wind farms in New Mexico and Wyoming that they would kill birds, but it proceeded anyway and at times ignored advice from federal wildlife officials about how to minimize the deaths, according to court documents.

“For more than a decade, ESI has violated (wildlife) laws, taking eagles without obtaining or even seeking the necessary permit,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in a statement.

ESI agreed under a plea agreement to spend up to $27 million during its five-year probationary period on measures to prevent future eagle deaths. That includes shutting down turbines at times when eagles are more likely to be present.

Despite those measures, wildlife officials anticipate that some eagles still could die. When that happens, the company will pay $29,623 per dead eagle, under the agreement.

NextEra President Rebecca Kujawa said collisions of birds with wind turbines are unavoidable accidents that should not be criminalized. She said the company is committed to reducing damage to wildlife from its projects.

“We disagree with the government’s underlying enforcement activity,” Kujawa said in a statement. “Building any structure, driving any vehicle, or flying any airplane carries with it a possibility that accidental eagle and other bird collisions may occur.”

Is This True? About Undeveloped O&G Leases..

As we’ve seen before, there’s a major talking point out there about the “9000 leases not currently in production on federal lands.” There’s a story about that from last week in E&E Daily.

Pelosi twice mentioned that Democrats are eager to find ways to increase domestic energy production on federal land by noting there are more than 9,000 unused leases. She suggested options could include a “use it or lose it” policy for leaseholders or charging them for failing to pursue active energy exploration.

Cracking down on used energy leases on federal land also has the crucial support of Senate Energy and Natural Resources Chair Joe Manchin (D-W.Va.). He said energy companies should not be able to hold on to federal leases indefinitely that can otherwise quickly be permitted for production.

“The fees are too low. You can hold a lease fee for almost nothing from the federal government; you can’t do that in the private sector,” Manchin told reporters yesterday. “It’s not a penalty [to increase federal leasing fees], just make them comparable in the marketplace.”

Asked specifically about a “use it or lose it” policy, Manchin said he would first need to look at the specific proposal, but he has in the past been skeptical of that approach.

This is all understandable.. (except for the part about being “quickly” permitted..) but what about this?

“I don’t know if that’s the right solution or not,” Sen. Martin Heinrich (D-N.M.) told reporters. “But we do have a problem with both unused leases that could be produced and unused leases that were leased completely speculatively, where we don’t think there’s any resource.”

If a company hangs on to a lease without a profitable reserve of oil and gas, Heinrich said, “that’s taking other resources and other uses off the table in those areas in a way that’s not really fair to the rest of the community.”

I’m agnostic about the details of right-sizing royalties, lease-holding and so on, but it seems to me that other uses (recreation, grazing, and so on) are not “taken off the table” by the existence of a lease. In fact, based on observations, they seem to be able to coexist with producing leases. But perhaps others know more?

Or perhaps it sounds plausible, but Rep. Heinrich hasn’t checked into the details of how this works?

And here’s a story by Bobby Magill that also touches on the difficulty of permitting renewable energy projects (from March 15).

Expediting renewable energy permitting on federal land is also no quick fix for energy supply problems, Jensen said.

Most renewables projects take years to permit because of court challenges and lengthy environmental reviews, he said.

“The fastest way to free up new domestic resources is for the administration to go to bat aggressively for the major energy infrastructure projects that are now hung up in court,” including the Mountain Valley Pipeline in Virginia and Cardinal-Hickory Creek electric transmission line in Wisconsin, Jensen said.

Jensen said he’ll be watching whether the Interior Department hires new staff and consultants to help expedite federal infrastructure permitting.

The Interior Department and other regulatory agencies have staffing shortages, making it more difficult for developers to push a project through the regulatory and permitting process, Jensen said.

The Bureau of Land Management and the Bureau of Ocean Energy Management plan to use funding in the fiscal 2022 spending bill Congress passed last week to hire new workers who will “accelerate” renewable energy projects, Interior Department spokesman Tyler Cherry said.

The bill gives the land bureau $1.28 billion for its operations for fiscal 2022, but it doesn’t earmark funding specifically for renewable energy projects. The same is true for BOEM’s $206.7 million appropriation, which is to be used on any oil, gas, minerals or other marine energy projects.

“Even the most environmentally benign proposals from the private sector have struggled to get attention due to lack of institutional capacity,” Jensen said. “The bipartisan infrastructure bill and new bipartisan budget agreement should begin helping with the human resource problem, but there is a lot of catching up to do.”

But if the problem is court challenges, hiring more people may not be all it takes to speed up the time until construction.

Get Thee Behind Me, NIMBY! Challenges of ENGO’s Dealing With Energy Development Projects

I thought this opinion piece would be worthy of discussion, because federal lands in the West turn out to be key to current renewable energy build-outs.

But first I’d like to back up and give a framework which I think is important to consider, especially since these are likely to be major issues in the future.  Take a community composed of various ethnic groups, economic classes and so on, with surrounding landscapes.  Someone want to develop something there (mines, solar and wind, geothermal, powerlines, oil and gas, dams, grizzly or wolf reintroduction) for the good of the broader population.  Not to get all political science-y here but who decides what is the good of the broader population? Who decides who gets to sacrifice (however felt by locals) their own views, agriculture, land, to what end? What if some in the community benefit and others get only the downsides?   How does social justice enter into the equation?

And finally, should Tribes not only have a voice, but have the ultimate say, based on their original ownership of the land and the injustice of treaties? I’m thinking here on federal lands for pragmatic reasons.   With all these complexities, when Coastals start talking about NIMBYism when it comes to development of rural lands, I like to replace NIMBY in my mind with “local concerns.” As one of my fellow planning commissioners in El Paso County said.. “it’s got to go somewhere.” But does it? At the most extreme, using political force to do something locals don’t want has colonialist overtones.

Check out this Noah Smith op-ed in Bloomberg Opinion .. tagline

State and national leaders need to move more forcefully to override local protestors who are blocking new solar and wind developments under the guise of land conservation.

And for readers interested in partisan political stuff, the fellow who wrote this op-ed, Wally Nowinski, is  the former democratic ads director for House and Senate Dem candidates, according to the blurb.  As for me, I am quite sympathetic to the environmental groups.  They want to be the “good guys” but without the traditional “bad guys” (forest products, oil and gas) the way forward is not so clear.  They could be for nuclear to reduce the environmental footprint, but members probably don’t want that either.  I don’t see any bad guys here, just people who want different things.  Side note: in the comments it was pointed out that NRDC really hadn’t done what the author said.

Conservation is not the same thing as climate action.

Conservation is a conservative impulse, but right now, the climate threat calls for sweeping changes to our physical environment. Our best shot at mitigating the impact of climate change is to electrify every process in our economy as quickly as possible: We need to preserve clean energy infrastructure like hydro and legacy nuclear power plants. We need to build a ton of new wind and solar fast. And we need to find and harvest the raw materials needed for batteries.

All of these projects pose tradeoffs: They’re important from a climate standpoint, but bad from a conservation standpoint. To state the obvious: If you build a solar farm in the desert, it is no longer a natural desert habitat, it’s a solar farm. Meanwhile, wind farms do kill some birds. Hydro dams (though we aren’t likely to build more since we’ve already used the best sites), do disrupt fish, and nuclear plants still scare people.

So it’s not actually surprising that conservation groups like the Sierra Club, the Audubon Society and the NRDC regularly oppose specific clean energy projects, even while they acknowledge the importance of a rapid energy transition.

The tradeoffs are a hard problem for organizations to wrestle with, particularly when many of our biggest environmental groups were founded specifically with a goal of conservation. The Audubon Society was created to protect birds and the Sierra Club was founded by mountaineers. The Natural Resources Defense Council, meanwhile, grew out of opposition to a hydro-electric project on the Hudson River. Until very recently, their agendas were focused on protecting what already existed–not embracing rapid change.

For its part, the national Sierra Club leadership seems to be trying to put more emphasis on supporting clean energy projects than it did in the past. Its platform calls for 100% clean energy now, and the organization’s national magazine even published a story about the threat NIMBYs pose to renewable energy. But when you have an organization that has fought for conservation for over 100 years, and whose entire playbook and tool kit is designed to stop or at least delay change, embracing clean energy development can be hard.

Many conservation groups have a structure that makes them chaotic, and vulnerable to NIMBYs. 

One of the reasons the Sierra Club was so successful at advancing its agenda in the late 20th century is that it was organized as a chapter-based membership organization. Local chapters popped up across the country where the most passionate members could organize around local issues, lobby local politicians, and talk to the press, all with the credibility of the Sierra Club name behind them. The Audubon Society, and more recently the Sunrise Movement, followed a similar model.

This structure enabled the groups to take on many more fights than they otherwise would have, and helped broaden their influence within state and local governments across the country. Wherever you went, there was likely a Sierra Club chapter ready to weigh in on local development projects.

Now, that structure means that the groups’ power can be high-jacked to protect members’ backyards. For example, last year, the Sierra Club of Iowa came out swinging against a solar project. The weight of its message was increased by the imprimatur of the national brand—normie voters don’t know the difference—even though the national organization has said it’s pro-solar development.

The Sierra Club used to be for natural gas as a transitional fuel.. but local groups didn’t like development near them. So in that case, it was The Right Thing to be against natural gas due to the influence of locals.. or was it “high-jacked to protect members’ backyards” in that case as well?
…..

It’s not just organizations with a historic conservation mission that can be taken over by NIMBY interests either. Earlier this week the Amherst Chapter of the Sunrise Movement, a group whose tagline is “We are the climate revolution,” joined area NIMBYs in advocating for a moratorium on all large solar projects in the city.

Where do we go from here?

Big environmental groups have very powerful brands, particularly in blue states. Unfortunately, I think we should expect the trend of these organizations opposing clean energy projects to continue, at least in the short term. Because of their brand power, that opposition will carry a lot of weight, and it will likely be weaponized by conservatives and others to say “even environmentalists oppose this project.”

The solution will involve rethinking what it means to be “environmentalist.” The term is usually understood to encompass a wide range of different causes–from climate activism, to habitat conservation, to recycling and plastic straw bans. But it’s worth remembering that not everything coded as “green” helps fight climate change, and much of it is actively counterproductive.

The good news is there are some signs of an internal backlash within environmental groups. In 2019, a cadre of activists concerned about climate change took over the Ann Arbor, Michigan Sierra Club in a contentious election. In the Bay Area, different local Sierra Club chapters are fighting with each other about whether or not to support a big solar project. And while many chapters continue to be almost cartoonishly NIMBY on housing issues, the national Sierra Club changed its tune on housing construction and now supports infill development.

The most basic thing we can do now is simply to recognize we are not in an era where all environmental goals are aligned. Conservation and climate action are often directly at odds. And if we’re going to successfully prevent global calamity wrought by extreme weather and rapid warming, we’re going to have to displace many more tortoises.

In reality, developing a scheme of decarbonizing on paper is easy, and building it out is difficult. We always knew that.