South Texas wind farms back on track

McALLEN — A federal judge dismissed a lawsuit against the developers of two wind farms in Kenedy County, clearing the way for them to complete the projects.

The Coastal Habitat Alliance - comprised of 11 organizations including King Ranch and several chapters of the Audubon Society - filed the lawsuit in December against General Land Commissioner Jerry Patterson, wind developers PPM Energy and Babcock & Brown and the Public Utility Commission. The lawsuit alleges the developers and state officials violated state laws by building the farms with no environmental review or public comment.

Babcock & Brown and PPM are in the process of building their farms on about 20,000 acres of Kenedy Ranch near Sarita. The farms are expected to have more than 200 turbines producing enough electricity to power 90,000 homes in South Texas.

Lawyers from both sides learned of the suit's dismissal earlier this week. A written opinion had not been posted online Thursday afternoon.

John Calaway, Babcock & Brown's chief development officer for North America, said the company is delighted by the court's decision and is looking forward to providing South Texas a source of renewable energy.

Calaway said the company conducted studies on bird migration and other environmental and wildlife concerns before proceeding with their project. It also promised to shut down its turbines if visibility is less than a half mile and during peak migration season.

"The lawsuit, in our opinion, was really a harassment to us. It's over now," Calaway said.

Babcock & Brown plans to complete its project later this year.

Jim Blackburn, the lawyer representing the alliance, said in a prepared statement that he had not yet seen a written opinion and could not make a decision regarding an appeal until he sees it.

"As a result of this suit, the state of Texas has been forced to reveal to the federal government the fact that electric generation facilities are no longer subject to the Texas Coastal Management Program. Negotiations are ongoing between the state and federal governments over whether this change is a minor or a significant one," Blackburn said.

"CHA will offer comments on that process and may pose a legal challenge at a later time if warranted. We have compiled a lot of interesting information on bird impacts and on impacts to the Laguna Madre from these wind farms in anticipation of trial. But for now, litigation is over and we are waiting for the opinion to see what we think."

King Ranch President Jack Hunt said this could pave the way for more wind farms to emerge along the Texas coast and could endanger the area's wildlife.

"Our concern is for the coast as a whole," Hunt said.

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Jennifer L. Berghom covers education and general assignments for The Monitor. She can be reached at (956) 683-4462.