Environmental Law

Solar Environmental Study Elicits Positive Comments, Caution

By Dennis Pfaff and Kevin Livingston, Editors

An effort by federal agencies to analyze the environmental impacts of large-scale solar energy projects on public lands in the West has generated a mostly positive response from individuals and groups so far, according to a summary of the comments released Monday.

However, as if to underscore the complex issues at play, a good deal of skepticism -- or at least requests to proceed cautiously -- came through, as well. Concerns ranging from potential disruption of wildlife  habitat to the availability of water and the placement of needed transmission lines all were voiced. Additionally, some people were concerned about the possible effects on human communities near planned solar developments.

The project to develop a "programmatic environmental impact statement" was expected to take about 22 months to complete, when it was announced this spring. The effort, carried out by the Bureau of Land Management and the U.S. Department of Energy, focuses on a half-dozen Western states considered to have the most potential. It almost immediately sparked controversy when officials announced they would suspend processing new applications for projects on the lands during the proceedings. That decision was fairly quickly reversed following an outcry by environmentalists, the industry and powerful politicians.

Over the summer, officials have been holding public meetings in the various states and gathering comments online and through the mail regarding the scope of eventual environmental analysis. The summary released Monday estimated that nearly 16,000 individuals, organizations and government officials submitted their points of view to the agencies, with huge numbers coming from environmental groups, such as the Wilderness Society and Defenders of Wildlife, that has conducted campaigns to generate comments. The campaign by the Wilderness Society, which supported solar development but called some public lands "wholly inappropriate" for utility scale projects, alone generated 12,700 comments, according to the summary.

In general, those submitting comments seemed to like the idea of developing solar energy on public lands, their support motivated by concerns such as limiting emissions of climate-changing gases, including carbon dioxide:

"Most commentors supported the development of solar energy on public lands. They
stated that the western states provide great potential for cultivating this renewable energy source, which, if developed, would reduce some of the adverse environmental impacts associated with the use of conventional sources of energy."    

At the same time, huge areas of public lands have targeted for solar projects. So far, solar developers have submitted proposals encompassing at least a million acres of land, according to federal officials. The summary noted the litany of worries that the potential development has sparked:

"Many commentors urged caution and requested that the DOE and the BLM proceed with the development of their respective proposed programs in an environmentally responsible manner. The most common topics of concern were the availability of water on desert lands and the protection of wildlife." 

Issues surrounding water -- such as its availability for cooling and other purposes, such as cleaning solar reflectors -- and the conflicts over water use "were the major concerns expressed in many comments," wrote the summary's authors. Many asked for an analysis of the water requirements demanded by various types of technologies, while some wanted a look at competing uses of the water from agriculture and human communities.

Some of those submitting comments also expressed concerns about the emissions coming from the equipment used to construct and maintain the solar arrays, the economic effects on nearby communities, and the relationship to transmission lines. Others suggested that "siting decisions about the plants not be made without due consideration of how the electricity generated by the plants would be transmitted to users," the summary  said.

Meanwhile, industry representatives told the government officials that "appropriately restricted solar energy development on environmentally sensitive lands should be allowed."  

It's not the first time that plans to develop large swaths of public lands for renewable energy have revealed some mixed reactions, if not downright conflict. 

The document released Monday said officials are hoping to release a draft environmental impact statement next spring. The public will have further opportunities to comment on that document.

--Dennis Pfaff of Thelen LLP

Pictured: Utility-scale solar generation facility, Prescott, Arizona airport; photo courtesy of U.S. Department of Energy-National Renewable Energy Laboratory; credit: Arizona Public Service

Full post as published by Climate Law Update on October 13, 2008 (boomark / email).