Attorney general files appeal over Peasley’s ruling against Pronghorn H2 wind farm leases

Wyoming Attorney General Keith Kautz made the decision late last week to appeal District Court Judge Scott Peasley’s Dec. 5 ruling that put the kibosh on the State Board of Land Commission’s lease to Pronghorn H2.

Sunday, a Pronghorn spokesman  said the company intends to file its own appeal of the ruling, apparently separate from the state’s.

The approximately 15,500 acres of state trust lands were to be used for the Pronghorn H2 wind energy project south of Glenrock, but Peasley’s ruling that the lease violated the board’s own rules and must be reversed put those controversial leases in jeopardy.

The SBLC was to meet last Thursday to decide how to move forward or whether accept the judge’s decision. Instead, Kautz stepped in to say it is his decision alone whether to appeal.

Gov. Mark Gordon made the announcement Dec. 18, quoting Kautz as saying, “I believe some of you are interested in the status of the case of Stephens v. Board of Land Commissioners.

“Under the law, the attorney general has the sole responsibility for determining whether litigation by or against the state of Wyoming goes forward or not. I have carefully considered the legal issues involved in the case, including the decision by the District Court in Converse County. My conclusion is that it is necessary to appeal. The state will file a notice of appeal tomorrow (Dec. 19),” the AG said.

The primary reason Peasley nixed the state’s lease is due to language in the board’s wind leasing rules which includes that energy created should be “fed” into the electric grid.

Pronghorn was not initially planning to connect the 267-turbine project to the grid, instead using the energy generated by the wind turbines (along with solar) to power their hydrogen extraction plant to make jet fuel, the company has previously stated.

The original plaintiff in the case against the SBLC, Mike Stephens, of Stephens Land & Livestock, on Saturday said the AG’s decision to appeal Judge Peasley’s ruling does not surprise him.

He attended the special meeting in Cheyenne, as did at least 40-50 other people. He said the board spoke briefly, then went into executive session for about an hour and 15 minutes.

“There were no comments allowed by the public before they went in,” he said. “But people did comment when the governor was speaking.”

Gordon said he was against the lease, prompting members of the audience to ask why he voted for it back in April if he wasn’t in favor of it, Stephens said. “The governor got into some arguments, then he just left. A lot of people argued with him. I mean, if he wasn’t for the wind lease, then why did he vote for it?”

As to the AG’s announcement the state will appeal, Stephen said he believes SBLC doesn’t want to admit they made a mistake.

“They broke their own rules, and they broke their own rules clear back when they started the lease. They’ll let the courts decide rather than admit it,” Stephens said. “I believe the (Wyoming) Supreme Court will go with Judge Peasley’s decision. The outcome will be just what (he) said. It’s all about legal wording. And, we haven’t even touched on sage grouse, antelope, or mule deer winter ranges, which is located right in the middle of that lease. 

“We haven’t discussed any of the adjoining landowners’ property values declining or the citizens of Glenrock and how they feel about it,” Stephens charged.

He also said he’s still hearing from people on a daily basis who are against the wind farm project, not only from Converse County, but from individuals in Niobrara and Platte counties, as well.

“People in Glenrock are very passionate about their mountains – they don’t want them cluttered up. It’s constant. Everyday. People call me, text me. They are very disappointed that there was no public comment (period) down there in Cheyenne,” he said.

Secretary of State Chuck Gray was the only member of the State Land Board to vote against the lease in early April.  In a letter to the editor (published in this week’s newspaper), Gray reiterated his opposition to the lease and the project as a whole, promising to continue fighting it.

Gordon, State Auditor Kristi Racines, State Treasurer Curt Meier and Superintendent of Public Instruction Megan Degenfelder voted to pass the wind lease, despite those against it testifying before the commissioners that they thought it was a bad idea for numerous reasons. 

Gray, in a Dec. 18 written statement, said that he is extremely disturbed by the way that the SBLC meeting was conducted Thursday.

“As the only member of the board to vote against these wind leases back in April, I was prepared to vote against any motion to appeal Judge Peasley’s decision reversing this outrageously wrong wind lease in Converse County. Instead, Gov. Gordon’s appointed attorney general’s decision to appeal this, with no motion approving this decision, was completely wrong. As the named party in this case and the client, the board should have had the opportunity to hear public comment and make the ultimate decision to appeal. 

“The tactics used by Gov. Gordon and those in power to shut down any discussion of these issues, including the legal issues brought in this case, is absolutely ridiculous. I will continue to oppose these Sidewinder and Pronghorn wind leases. These woke wind projects are wrong for Wyoming,” Gray said.

While Pronghorn is the most controversial, the Sidewinder wind farm proposal in Niobrara County is connected to the overall project as well. Those leases were also reversed by Peasley’s decision, which will be part of the state’s appeal.

The state leases are only part of the picture for the proposed $1.7 billion hydrogen extraction plant to be built in Converse County. Some of the lands involved in both wind projects are in private hands and do not require SBLC approval (though they may require approval of and permits from other state agencies).

The company behind the project, Focus Clean Energy, has repeatedly said it plans to continue work while the state leases play out in court. Company President Paul Martin said the Pronghorn project team remains committed to advancing the project. 

On Sunday, RenUSA President Kate Peters, speaking on behalf of Martin, said she can confirm they are filing an appeal of their own, but is not able to comment further at this time.

“Challenges often occur during the development process, but we intend to continue our efforts to develop the Pronghorn project, which is located primarily on private land, while adhering to Wyoming laws and regulations. We look forward to creating an opportunity that offers significant benefits for Converse County,” he said.