Energy and Environment MonitorI wrote in an April 2009 article published here that California Sen. Dianne Feinstein (D) intended to introduce legislation to make more than 500,000 acres in the Mojave Desert off-limits to wind or solar energy production. Sen. Feinstein has made not only made good on her promise, or threat - depending upon your perspective on this issue, the Senator has doubled down by attempting to prohibit renewable energy development of more than one-million acres of the Mojave. For comparison, this proposed area of additional protected desert lands exceeds the combined land area of Cabell, Putnam and Kanawha Counties in West Virginia.
Background
California's Mojave Desert seemed to be ideally suited for solar energy production. The desert land in question lies in the southeast corner of California, between the existing Mojave National Preserve on the north and Joshua Tree National Park on the south. But concern over what proposed solar energy projects might do to the aesthetics of the region, and potential impacts to its tortoise population, set up a clash between conservationists and companies seeking to develop renewable energy. Nineteen companies had submitted applications to build solar or wind facilities on a parcel of 500,000 desert acres, but Sen. Feinstein has intervened to stop any such development on the public lands.
In a 2008 speech, Gov. Arnold Schwarzenegger (R) complained about environmental concerns slowing down the approval of solar plants in California. "If we cannot put solar power plants in the Mojave Desert, I don't know where the hell we can put it." The California Energy Commission estimated that the state would need between 100,000 to 160,000 acres of desert lands for construction of wind and solar energy projects, in order to meet its 33 percent renewable energy generation target by the year 2020.
Feinstein Moves to Block Energy Development from Mojave
On December 21, 2009, Sen. Feinstein introduced her legislation that is named the “California Desert Protection Act of 2010” (S.2921). Its centerpiece, the proposed Mojave Trails National Monument, would prohibit development on 941,000 acres of federal land and former railroad company property along a 105-mile stretch of old Route 66, between Ludlow and Needles. The proposed Sand to Snow National Monument, about 45 miles east of Riverside, would cover about 134,000 acres of federal land between Joshua Tree National Park and the San Bernardino National Forest in San Bernardino and Riverside counties. Its diverse habitats range from desert scrub to yellow pine forests 9,000 feet above sea level.
The legislation, which had been delayed by efforts to resolve conflicts among environmentalists, off-roaders and renewable energy interests, would also designate 250,000 acres of public land near the Army's training center at Ft. Irwin as wilderness; add 41,000 acres to the southern boundary of Death Valley National Park and add 2,900 acres to northern portions of Joshua Tree National Park.
Feinstein, author of the 1994 California Desert Protection Act, vowed to make the legislation a priority. "In the best-case scenario, this legislation could be approved by late 2010," she said in an interview. "This magnificent land and its lonely beauty are a significant part of our history, and we shouldn't give it up," Feinstein said, adding that private donors helped acquire the former railroad parcels "with the belief they would be protected from development. We have an obligation to keep them that way."
The Bureau of Land Management is reviewing 130 applications for solar and wind-energy development in the California desert, covering more than 1 million acres of public land.
At least 19 renewable-energy projects have been suggested within the boundaries of the proposed Mojave Trails monument, according to Feinstein, who has discussed her concerns with Interior Secretary Ken Salazar.
Feinstein's legislation would assist companies with projects currently proposed inside monument boundaries in relocating to federal energy zones being developed elsewhere. It would also permit construction of transmission lines within existing utility rights of way to facilitate the transfer of renewable energy generated in the Southern California desert and adjacent states.
Some congressional Republicans accused Feinstein of engaging in a not-in-my-back-yard campaign when her plans for legislation restricting renewable energy projects in California deserts surfaced earlier this year. The senator countered that she "strongly" supports such projects, but only if they are built on "suitable" lands.
A Chilling Effect in the Desert
But before the bill to create two new Mojave national monuments has even had its first hearing, the California Democrat has largely achieved her aim. Regardless of the legislation’s fate, her opposition means that few if any power plants are likely to be built in the monument area, a complication in California’s effort to achieve its aggressive goals for renewable energy.
Developers of the projects have already postponed several proposals or abandoned them entirely. The California agency charged with planning a renewable energy transmission grid has rerouted proposed power lines to avoid the monument.
“The very existence of the monument proposal has certainly chilled development within its boundaries,” said Karen Douglas, chairwoman of the California Energy Commission.
Mrs. Feinstein heads the Senate subcommittee that oversees the budget of the Interior Department, giving her substantial clout over that agency, which manages the government’s landholdings. Her intervention in the Mojave means it will be more difficult for California utilities to achieve a goal, set by the state, of obtaining a third of their electricity from renewable sources by 2020; projects in the monument area could have supplied a substantial portion of that power.
An Unlikely Feud – Feinstein vs RFK Jr
Her legislation pits Sen. Feinstein, an outspoken promoter of aggressive federal action on Climate Change/Cap & Trade, against many environmentalist groups, including one of the highest profile environmental advocates in the nation – Robert F. Kennedy Jr.
“This is arguably the best solar land in the world, and Senator Feinstein shouldn’t be allowed to take this land off the table without a proper and scientific environmental review,” said RFK Jr., the environmentalist and a partner with a venture capital firm that invested in a solar developer called BrightSource Energy. In September 2009, BrightSource canceled a large project in the monument area.
Union officials, power industry executives, regulators and some environmentalists have also expressed concern about the impact of the monument legislation, but few would speak publicly for fear of antagonizing one of California’s most powerful politicians.
The debate highlights a rising tension between two goals held by environmental groups: preservation of wild lands and ambitious efforts to combat global warming. Not only is the Mojave desert land some of the sunniest in the country, and thus suitable for large-scale power production, it is also some of the most scenic land in the West.
Others have also pointed out that California's aggressive renewable-energy target, combined with tough land-protection laws, could end up sparking a renewable-energy boom in neighboring Nevada or Arizona.
For further details on Sen. Feinstein’s legislation to prohibit development on massive tracts of California’s Mojave desert, see the following sources:
- Summary of the legislation
- Pdf text of the legislation
- Library of Congress THOMAS text of the legislation
http://thomas.loc.gov/cgi-bin/query/z?c111:S.2921.IS:
This article was partially excerpted from publically available information, and was authored by Rick Wilson, Acacia Environmental Group LLC. Any opinions expressed in this article are those solely of the author, and are not intended as legal or professional guidance to any specific readers. For more information on the author see here.
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