Rancher sues state over wind farm: Pronghorn’s $1.7B, 6,000-acre green hydrogen project near Glenrock and its SLIB permit approval now facing opposition from Converse County ranchers, legislators

It was about as Wyoming as it could get on the late afternoon of May 20. A contingent of pickup trucks eased up a bumpy, windy two-track trail onto the top of a high knoll with an almost limitless view. 

The vehicles lined the left side of the dirt road, overlooking what just might be one of the lushest and greenest valleys at the front range of the Laramie Mountains south of Glenrock. Multiple generations of ranching families live in this long valley, comprised of a mixture of state and private lands.

That message – the beauty of the area and the livelihoods that depend on the land – is why the convoy motored to this spot where they could see firsthand what they fear from two wind projects. The organizers of this trek contend the wind farms will have severe impacts on both the scenic land and their livelihoods.

The Wyoming State Lands & Investment Board (SLIB) approved Pronghorn Clean Energy / Pronghorn H2, LLC’s wind farm land lease application, Wind Energy Lease 1620. SLIB (comprised of the top five elected officials in the state) voted 4-1 to approve the permit April 3. Wyoming Secretary of State Chuck Gray cast the no vote. 

Gov. Mark Gordon, Treasurer Curt Meier, Superintendent of Public Education Megan Degenfelder and State Auditor Kristi Racines all voted yes, allowing the project to move forward to the Wyoming Department of Environmental Quality and Industrial Siting Council reviews and permits at some time in the future. 

lawsuit filed

Ranchers Michael “Mike”  Stephens and Joe Benedetta, Glenrock Mayor Bruce Roumell, state Reps. Kevin Campbell (R-Converse/Natrona), Tomi Strock, (R-Converse), Nina Webber (R-Park) and Bill Allemand (R-Natrona) and a handful of other legislators and ranchers with skin in the game got out of their vehicles. 

Stephens and Stephens Land and Livestock, whose land borders part of the project’s leased land, have filed a lawsuit against the Wyoming Board of Land Commissioners in Eighth Judicial District Court in Douglas for allegedly “not following their own laws,” Stephens said at the Deer Creek Hall to start the meeting and tour.

The lawsuit’s intent is to stop the wind farm permit, though officially it just asks the court to review the state’s administrative decision.

Stephens, who owns 1,000-plus acres, said his family ranching operation has spanned three generations. He’s worked hard on it, gone on first hunts with his children and grandchildren on it, dealt with years of no rain, to seeing unexpected years like this one – where the parched earth’s thirst is finally slaked somewhat by weeks of moisture, turning the lowlands and highlands into varying viridescent shades.

Those lands are ones these ranchers and their families are looking to preserve for their children, grandchildren and generations beyond that – but some say the desire might just be a collective pipe dream.

The wind farm permit was already approved by SLIB (other permits are still needed) but that is only the first step in the company’s long-term vision. Focus Clean Energy has plans to build a $1.7 billion, 40,000-plus-acre behemoth endeavor near the North Platte River east of Glenrock, consisting of the wind farm, a solar farm and a “green” hydrogen refinery that will produce jet fuel for Denver International Airport, Focus Clean Energy’s Paul Martin has said at multiple meetings in Converse County.

The Pronghorn project is backed by Acciona and Nordex Green Hydrogen, businesses who are in partnership with Focus Clean Energy.

What’s at stake

But, if the facility ends up being approved, landowners said they would have to share water with the massive project (it takes about 2.37 gallons of water to make 1 kg of hydrogen) – and they are concerned about there actually being enough water for their agricultural operations and the hydrogen refinery at the same time. 

And, they’re not the only ones. The Glenrock mayor is concerned whether or not the community he leads will have enough water as well.

.”. . . My transmission line from there to town . . . How much is that gonna cross our right-of-way for our pipeline right of way? And (what if it) actually gets damaged, that line gets broke between there and town? (Then) I got no water in town,” Roumell said at the meeting.

 The landowners are also worried about the pristine views being obstructed by the “big, big wind towers, you know, the 500-, 600-foot tall ones,” Stephens commented, as he stood outside, arms sweeping broadly across the valley and mountains beyond. 

Others worry about the excessive traffic on area roads during the project’s various construction phases and the likelihood of private landowners’ property values going down in the areas of the wind turbines, they told legislators.

And then there is the generational aspect, both historical and the families’ futures, they said. 

Ranching legacies

Stephens’ family started ranching on this property in 1934, but it began before then.

“The original homestead was up on what they call Deer Creek Park. It’s not too far. It’s straight over the mountain of Castle Creek on the backside of Muddy Mountain. Deer Creek’s got a huge drainage. It’s way bigger than the Box Elder drainage. It’s real big. So they homesteaded up there and then sold all the homesteads to my great uncle. My great uncle bought this place, that my cousin’s on now. He bought it and he waited till my uncle got home from the war. And then he gave it to him . . . then, my grandpa bought this place in 1934,” Stephens told the group.

“We’ve grown up here. I’m the third generation, but it’s fourth generation altogether. And I got, you know, fifth and sixth generation, number six coming in. I got a great-grandson coming. Great-great-grandson coming in June. This means a lot to me here.”

The SLIB permit only applies to state land, which Stephens’ ranch borders, but the proposed wind farm will stretch across private land as well – lands owned by other ranchers who, unlike Stephens, stand to profit from leases.

“. . . that state land runs from Deer Creek Canyon all the way to Box Elder. And it’s jagged all the way through; there’s 13-14,000 acres. And there was more when I had the Delta Ranch in this project. When the state . . . they told us, ‘You’ll get used to these wind farms.’ That was enough for me, you know? I was always worried about property rights. What about my property rights? They forget about that. So, I went and got a lawyer, Patrick Lewallen and Thomas Shanor.”

Stephens claims SLIB is not in compliance with laws, nor did they follow their own rules and regulations. They filed the suit April 30 and it was put on the district court docket in Douglas on May 9.

“It’s 45 days here (in Douglas), so we’ll see what happens,” he said, referring to the time a judge has to review the SLIB decision.

“We border (the project land). We trail cows through it. My kids go horseback riding up there all the time. They go hunting on it. You know, we’ve been around it our whole lives,” he shared.

His lawsuit argues that “petitioners use and recreate upon a portion of these state-owned lands. In addition, (they) enjoy watching wildlife on their land as well as the adjacent state-owned land. (They) also enjoy their scenic views available from their property. Together petitioners are adversely affected by the Board of Land Commissioners’ action and decision to lease the state-owned lands for industrials wind energy facilities.”

on tour

Rep. Campbell pulled together the tour for legislators to see firsthand the impacts. Some of those invited didn’t or couldn’t make it.

In addition to the drive to view the expansive valley, the entourage also headed to Box Elder Canyon to view the land in question from that side.

At Deer Creek Hall, Campbell told his colleagues and the ranchers that he’s not against hydrogen, but he thinks it can be done in a more studied and cautious way. He focused on the water impacts, for example.

“. . . Location, location, location,” he emphasized. “If we were in Michigan and we had Lake Superior at our front door, perhaps green hydrogen might be a viable business solution. But here in Wyoming, we’re a mountainous, arid state, and we don’t have the water.”

He also noted that some of the project’s sites may be on or near important archeological or historical sites.

“The map that I have been shown puts the solar aspect right where the Oregon and Pioneer trails all come together. There’s archeological features all around here, there’s also teepee rings and grave sites. Ten miles down the road they dug up the (Americas’) oldest bone bead and bone needle. 

“And now, bang! You know, let’s just put a bunch of wind turbines (right here). This needs to be looked at. You know, I’m not saying it’s bad, but I do think we need to idle her down a little bit and look at what we’re doing, and look at what we are destroying,” he said.

“Because the things we’re messing with, they can’t ever be done again. This is a one time thing, you know?”

Glenrock’s Benedetta, who ran an unsuccessful campaign for the county commission last year, was appointed to the Converse County Planning & Zoning Board. At the pre-tour meeting, he noted that Pronghorn’s project has created division within the community.

“The controversy surrounding the project has led to tension among residents. The debate over the project has forced residents to take sides regarding the project’s viability, safety and impacts on the residents and the community,” he said in his written notes.

In his list of concerns, Benedetta charges that, “The Pronghorn H2 Project has raised substantial concerns regarding its potential environmental impact. 

“The erection of wind turbines will disrupt local wildlife habitats, particularly affecting bird and bat populations. History shows that wind turbines will lead to increased mortality rates among these species, thereby disturbing the ecological balance. The current systems being used to reduce the bird strike potential are improving but are experimental at the best. Per the Wyoming Game & Fish Department, habitat for several endangered species (bald and golden eagles, peregrine falcons and others) are near or in the project footprint.”

Benedetta contended the proposed area is prime wintering ground for mule deer and pronghorn antelope. 

“In recent years, WGFD has worked diligently to improve/enhance the mountain mahogany in this area (it provides perching and nesting habitat for eagles), only to see the habitat destroyed by wind farm construction. Similarly, the solar farm project site lies within a migratory path for several bird species. In addition, the proposed site of the solar farm and hydrogen plant is home to a diverse flora and fauna, habitat for fish, waterfowl and endangered species. Furthermore, the construction process itself will result in the destruction of natural habitats and vegetation, further aggravating the negative environmental impact of the project area,” he said.

“. . . The opposition to the Pronghorn H2 Hydrogen Project is multifaceted, encompassing environmental, visual, noise, water use, safety, economic, property value, and community concerns. A fair analysis of the project will show that the negative impacts far outweigh the benefits, calling for a thorough reassessment of its feasibility and consequences.”