Insight

Renewable Energy Projects Meet an Unlikely Opponent: Environmentalists

As the environmental movement challenged the energy industry to move “beyond coal” and later to move “beyond gas” to a carbonless energy future, investment in renewable energy skyrocketed.

Renewable Energy Projects
Lee D. Hoffman

Lee D. Hoffman

October 17, 2017 10:32 AM

One of the hottest areas in the energy sector has been renewable energy development. Producers have found ways to increase efficiency for renewable energy production, prices for equipment continue to fall, and state and federal incentives continue to bolster the burgeoning industry. Even the recent decision by the Trump Administration to withdraw from the Paris Accord has done little to slow the development of renewable energy projects.

As the environmental movement challenged the energy industry to move “beyond coal” and later to move “beyond gas” to a carbonless energy future, investment in renewable energy skyrocketed.

Spurred by the environmental movement, global investment in renewable energy went from approximately $88.0 billion in 2005 to $348.5 billion in 2015, nearly a four-fold increase, according to Bloomberg New Energy Finance. However, as this expansion was occurring, environmentalists and others began to take a harder look at renewable energy projects.

Until recently, traditional renewable energy projects, such as wind and solar farms, were generally thought to be benign uses of the land on which they were located. Such projects do not require fossil fuels to be pumped onto the site, they have no emissions to air or water, and they do not generate nuclear or hazardous waste. Limited impacts to wildlife associated with such projects, mostly in terms of lost habitat or bird mortality, were acknowledged. However, those impacts, it was argued, paled in comparison to the impacts of pollution, waste, and greenhouse gas emissions that were the byproducts of conventional electricity generation.

The opinion about those impacts changed as land use considerations were taken into account. One of the keys to successful renewable energy development is to have the project built to “grid scale” (large enough to make a significant impact on energy demands). When projects are sufficiently large, they can take advantage of economies of scale and become cheaper on a per unit basis. The size of such projects, however, has led to increasing concern about the projects’ impact to the land.

Solar projects can use up to seven times as much acreage as conventional power projects with similar generation capacity, and wind projects can be as much as 45 times the acreage of conventional projects.

This has caused environmentalists and others to begin to seek regulation of such projects, even though 29 states currently have renewable energy minimum requirements that they must meet, and another eight states have aspirational renewable energy goals.

In spite of such goals, several states have responded to pressure from environmental groups to limit the siting of renewable energy projects. These states are taking different approaches to address the issue. Some states, such as Washington, North Carolina, and Connecticut, have placed restrictions on where renewable energy projects can be located. Other states, such as Massachusetts, are opting to increase incentives to renewable energy projects that are located in areas with undesirable land uses, such as brownfield sites and closed landfills. Still other states, such as Maryland and Minnesota, are evaluating what should be done with respect to the siting of renewable energy projects.

Connecticut’s experience in this area is illustrative. The development of energy projects, whether renewable or conventional, is regulated by the state’s Siting Council. The council evaluates the potential environmental impacts associated with energy developments and approves or denies projects based, in part, on whether such projects adversely impact the environment.

Until 2011, all renewable energy projects in Connecticut, along with certain smaller, more traditional energy projects, were able to take advantage of expedited processing of their approval requests. While a thorough environmental review was still required, that review was done on a more expedited basis. In 2011, however, in response to complaints about a series of applications for wind farms in Connecticut, the Connecticut Legislature placed a ban on future wind development until the Connecticut Siting Council could develop specific regulations that significantly curtailed the number of sites available for wind development in Connecticut.

Facing a call for a moratorium on large-scale solar development from the Connecticut Council on Environmental Quality, in 2017, the Connecticut Legislature again acted to limit the ability of renewable energy projects to be placed on certain farmlands and wooded areas. The interesting side effect of this new legislation is that it is now easier to site a conventional power plant in Connecticut than many renewable energy projects.

These renewable projects can still be sited, and they will need to be in order for Connecticut to meet its renewable energy goals. What remains to be seen is what the cost of such additional permitting will do to the renewable energy market. What also remains to be seen is how many states will follow the lead of Connecticut and others and begin to take a harder look at the permitting of renewable energy facilities.

-------------------------

Lee D. Hoffman is chair of Pullman & Comley’s environmental, energy, and telecommunications department and is a member of the firm’s executive committee. Lee works with clients to develop conventional and renewable energy projects and advises clients in the areas of project development and financing, permitting, environmental law, and energy and utility matters. He can be reached at lhoffman@pullcom.com.

Related Articles

2020 Vision


by Sean Devlin

What Does Corporate Environmental Concern Look Like in 2020?

Best Lawyers Ones to Watch Canada Legal Insights

ESG Changing Texas’ Legal Landscape


by Gregory Sirico

Best Lawyers breaks down the growing industry trend of ESG standards and how its altering the field of law in the state of Texas.

Texas’ Ever Changing Legal Landscape

Tampa 2022 "Lawyer of the Year"


by Best Lawyers

George F. Gramling III is honored as 2022 "Lawyer of the Year" in Environmental Law for Tampa.

Tampa 2022 "Lawyer of the Year"

A Climate Duty


by Lara Douvartzidis and Samantha Daly

Converging trends in Australia and the Netherlands: reasonable foreseeability in climate change law and other novel developments.

Climate Change Law in Australia

The Great Debate Between Agriculture, Mining and Environment


by Rebecca Hoare

Can we really have it all?  The pursuit of the harmonious intersection of Australia’s agricultural and resources industries and the environment.

Australia Agriculture, Mining & Environment

Government of the People


by Allyn Stern

A baker’s dozen tips for working with the Environmental Protection Agency

Tips for Working With the EPA

Sun Tax Out, Self-Sufficiency In


by Mariano Roca López

How Spain is paving the way for self-sufficient homes.

Spain to Repeal "Sun Tax"

Motion Sustained


by Elise Scott, Madalyn Brown, and Bob DeMott

Corporate social responsibility isn’t just good for the planet—increasingly, it’s good for business, too.

How Corporate Sustainability Works

River Deep, Mountain High


by Hayley Carlock

Lessons from the birthplace of modern environmentalism.

How Environmental Nonprofits Got Their Start

Hotter and More Intense


by Lori Tripoli

Multiple Category 5 hurricanes. Drought. Wildfires. Climate change isn’t just damaging the environment and our health. It’s impacting the bottom line.

Climate Change

Going Global


by Joseph K. Reinhart, Esq. and Meredith Odato Graham, Esq.

Expanding the scope of environmental review for the energy sector.

Environmental Review

Paris Agreement on Climate Change: Overview and Update


by Beatriz Paulo de Frontin and Márcio Pereira

An overview of the Paris Climate Agreement.

Paris Agreement Climate Change

U.S. Withdrawal from the Paris Agreement


by Violaine du Pontavice

What will be the future for the world’s climate issue?

U.S. Withdrawal Paris Agreement

Outcomes Focus: Environmental Impact Bonds are All About Results


by Jeremy King

Environmental Impact Bonds offer governments, investors and non-government participants the opportunity to focus on outcomes rather than activities.

Environmental Impact Bonds

Go Fish


by Bart Freedman and Ben Mayer

The Impact of the Ninth Circuit’s “Culvert Decision” on Salmon Runs in Washington State.

K&L Gates

A Better Bottom Line


by Margaret Pierce

How Benefit Corporations are leading the charge to save the world.

A Better Bottom Line

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

The Best Lawyers in Spain™ 2023


by Best Lawyers

Announcing Spain's recognized lawyers for 2023.

Flag of Spain

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

The Best Lawyers in Chile™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms in Chile.

White star in blue box beside white box with red box on bottom

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

The 2023 Best Lawyers in Portugal™


by Best Lawyers

Announcing the elite group of lawyers recognized in Portugal for 2023.

Green and red Portuguese flag

Unwrapping Shrinkflation


by Justin Smulison

Through the lens of the United States, we take a closer look at the global implication of companies downsizing products while maintaining and often raising prices.

Chocolate bar being unwrapped from foil

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots