Federal judge dismisses Texas wind farm lawsuit

McALLEN (AP) - A federal judge dismissed a conservation group's lawsuit challenging two wind farm projects under construction in Kenedy County, clearing the way for their completion by year's end.

The Coastal Habitat Alliance had sought to stop PPM Energy, now Iberdrola Renewables, and Texas Gulf Wind, a subsidiary of Babcock & Brown Renewable Holdings, from building wind turbines in the coastal South Texas county. The group argued the companies had not sufficiently studied the impact on wetlands, habitat, endangered species and migratory birds.

U.S. District Judge Lee Yeakal in Austin informed the parties Monday — two weeks before the trial was set to start — that he would dismiss the case. Yeakal had not yet released a written opinion by Friday.

The judge had accelerated the trial schedule to accommodate both parties, so trial preparations were well underway when word of the dismissal arrived.

Jim Blackburn, founder of the alliance, said the decision was disappointing, but they were a month into depositions, so they at least gained a lot of information.

"There was a tremendous amount learned," Blackburn said. "In many respects, this wind industry is a learning process."

The alliance, which consisted of a number of conservation groups including chapters of the Audubon Society and the historic King Ranch, will await Yeakal's written opinion before deciding whether to appeal, Blackburn said. The group is appealing the earlier dismissal of another lawsuit filed in state court.

"The Texas coast will be the toughest place to build wind farms from an ecological perspective," Blackburn said.

Also named as defendants were the Texas Public Utility Commission and Jerry Patterson Commissioner of the Texas General Land Office.

Australian investment group Babcock & Brown expects to finish 118 turbines — enough to power 80,000 homes — in Kenedy County by the end of the year and eventually put up 157. The company has 20 wind farms in nine states.

"Our intention has always been to deliver the benefits of renewable energy while minimizing any impact to the environment," Hunter Armistead, North American energy group, said in a prepared statement. "We were meticulous in the way we approached the development of this wind farm, which we believe will be used as a model for future wind farms around the country."

Construction had continued on both projects because Yeakal considered the defendants' motion to dismiss before the alliance's request for an injunction.

Jan Johnson, a spokeswoman for Iberdrola Renewables, said in an e-mail that the company was pleased with the dismissal and expects to have 84 turbines spinning by the end of the year at its Kenedy County site.

Wind farms generate electricity by using wind to turn giant blades that rotate on turbines, an alternative to power created by utilities using coal, natural gas and other sources. In Texas, developers need neither state nor federal approval to erect the towers on private land.