Searchlight Wind project being abandoned

After nearly a decade of paper shuffling, rancorous public hearings, street protests and legal challenges, the Searchlight Wind Energy Project backers have reportedly thrown in the towel and abandoned efforts to erect 87 wind turbines, each 400 feet tall, on 9,000 acres of federal public land east of the town of Searchlight, according to a press release from wind farm opponents at Basin and Range Watch.

A simulation of what the windmills in Searchlight would have looked like.

“According to the Bureau of Land Management (BLM) Las Vegas Field Office,” the release says, “the agency is now in the process of closing the application for the project, 18 months after a federal judge voided the federal approvals for the project because of the likely harm to desert tortoises and golden eagles.”

Kevin Emmerich, co-founder of Basin and Range Watch, was quoted as saying, “We applaud the Bureau of Land Management for finally putting an end to this ill-sited wind project. There are clearly better alternatives for renewable energy utilizing rooftops and other locations in the built environment that would produce the same amount of megawatts. It is time for the BLM to manage this special location to protect the view-shed, wildlife, property values and cultural resources in a way that will bring tourist dollars to the region. This is no place for industrial scale energy.”

The Desert Sun newspaper in Palm Springs confirmed the news, reporting that BLM spokeswoman said the developer has taken down its meteorological towers used to monitor wind strength and preparing to shut down the Searchlight project. “The BLM will inspect the land to make sure the (meteorological towers) are gone and the land where they were is reclaimed,” Cannon said in an email to the paper.

U.S. District Court Judge Miranda Du basically told Searchlight Wind, now a division of Apex Clean Energy, to start over and fix its flawed environmental analysis or abandon the 200-megawatt project.

Du ruled the Interior Department’s approval of the project failed to adequately address concerns about impacts on bald eagles, golden eagles, desert tortoises and migrating bats, but she refused to grant a permanent injunction. She pointed out the initial data used by the BLM found there were only three golden eagle nests within 10 miles of the proposed turbines. Subsequent surveys actually found 19 probable or confirmed golden eagle nests within five miles of the site, the judge wrote.

Searchlight native and former U.S. Sen. Harry Reid was a backer of the project. He has since sold his home there and moved to Henderson.

This round might be over but there may be another.

Basin and Range reports that the BLM is currently considering approval of an even larger wind energy project on 35,000 acres west of Searchlight — the Crescent Peak Wind Project. “If a federal court ruled that there are too many potential harms to build an industrial-scale wind project near Searchlight, surely a far larger project like Crescent Peak with far more impacts should not be developed,” Laura Cunningham, Basin and Range Watch’s executive director, was quoted as saying.

 

Editorial: Be cautious in approving another renewable energy project

Crescent Dunes thermal solar power plant in Nye County.

Crescent Dunes thermal solar power plant in Nye County.

Nevada continues to be ground zero for all manner of grand schemes to construct ever more grandiose renewable energy projects — egged on by Sen. Harry Reid and the global warming Chicken Littles in the Democratic Party, who are more than willing to spend other people’s money on grants, loan guarantees, tax breaks and give away federal public land to be paved over with solar panels, mirrors and windmills.

The latest announcement comes from SolarReserve, which says it plans to build the world’s largest solar thermal power generating facility — 1,500 to 2,000 megawatts of electricity —somewhere on public land in Nye County in the next few years.

The company has been operating the $1 billion, 110-megawatt Crescent Dunes solar thermal plant near Tonopah for about a year. Built with nearly three-quarters of its funding coming from a federal loan guarantee, Crescent Dunes generates power by using mirrors to concentrate sunlight on towers where salt is heated to a molten state. The molten salt then turns water into to steam to drive turbines.

But unlike the solar thermal plant in Ivanpah across the border in California that directly turns water to steam, the molten salt stays heated longer and allows the plant to operate even after sunset.

SolarReserve’s proposed $5 billion Sandstone facility would employ 100,000 mirrors and 10 towers, using the technology developed at Crescent Dunes. There is no indication yet how much federal backing would be needed, but the Crescent Dunes plant sells power to NV Energy at a wholesale rate of 13.5 cents per kilowatt-hour, which is two to four times the cost from a gas-fired plant, a cost passed on to consumers.

According to press accounts, the company estimates construction could create 3,000 jobs for seven years.

While we are reticent to back projects that require too many tax dollars to pencil out, far be it from us to turn Luddite and reject out of hand potential job-creating technology and innovation, but we do suggest that caution and a thorough analysis be used before plowing ahead with the SolarReserve proposal, which would require about 16,000 acres of public land, or about 10 times the footprint of Crescent Dunes.

Though Crescent Dunes claims its concentrated solar rays kill only 60 birds a year compared to 6,000 at Ivanpah, the environmental impact should be carefully weighed, because federal land bureaucrats are too often willing to slack off when it comes to approving renewable energy projects of which their bosses are so enamored.

Take for example the wind turbine project proposed for Searchlight in southern Clark County, which was recently in the news when the 9th U.S. Circuit Court of Appeals refused to set aside a federal judge’s decision to halt the project until a more accurate and thorough environmental analysis can be conducted.

The Bureau of Land Management had approved the construction of 87 400-foot-tall wind turbines by Apex Clean Energy, but the federal judge ruled the environmental analysis by the BLM and the Fish and Wildlife Service was inadequate because its data failed to accurately reflect the impact of the project on desert tortoises and bats, as well as golden and bald eagles. Existing wind turbines already kill more than 100,000 birds a year.

The BLM claimed there were only three golden eagle nests within 10 miles of the project, but the Nevada Division of Wildlife reported there were 28 nests.

The SolarReserve project should be honestly reviewed for its environmental impact, as well as its feasibility to provide an adequate return on the taxpayer investment in both money and land.

Simulation of what windmills might look like east of Searchlight and near Lake Mohave, home to bald and golden eagle.

Simulation of what windmills might look like east of Searchlight and near Lake Mohave, home to bald and golden eagle.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Opponents of Searchlight Wind say ruling sends project back to the drawing board

Site of proposed wind turbines near Searchlight

Basin & Range Watch — a self-styled, grassroots desert protection group and one of the plaintiffs in a suit opposing the Searchlight Wind power generation project — has issued a statement explaining the implications of a Friday federal court ruling.

The group says the ruling by U.S. District Judge Miranda Du “determined that the BLM (Bureau of Land Management) and USFWS (U.S. Fish and Wildlife Service) had not fully explained certain conclusions that appear in the Record of Decision, Final Environmental Impact Statement and the Biological Opinion, and vacated and remanded the analyses to the agencies. Vacatur of the three documents, including the rights of way authorizing the project’s construction and operation, effectively requires Apex Clean Energy and the agencies to go back to the drawing board if Apex chooses to pursue the project.”

Basin and Range points out one of the more damning examples of lax oversight by the BLM uncovered by Judge Du is that the BLM Environmental Impact Statement on the eagle population relied on the wind farm developer’s survey, which found only three golden eagle nests in the vicinity of the proposed wind turbines. Yet a 2011 survey by the BLM found 28 golden eagle nests within 10 miles of the site, but this was not included.

Additionally, Du said the BLM failed to sufficiently provide data on the project’s impact on desert tortoises and bats due to habitat encroachment, operating noise, roads and blasting during construction.

Searchlight Wind, now a division of Apex Clean Energy, has been trying for at least seven years to gain government approval to place wind turbines on 9,000 acres of federal land — at the paltry price of $118 an acre — near Searchlight. The $300 million proposal was to erect 87 industrial-scale wind turbines that would be more than 400 feet tall and generate 200 megawatts of power.

“The high desert surrounding Searchlight supports a high diversity of flora and fauna including rich avian fauna and very old Joshua tree forests. The location’s close proximity to the Colorado River allows it to have a large number of terrestrial and avian species deserving of protection” said Kevin Emmerich, Co-founder of Basin and Range Watch. “The Searchlight area is a very scenic region that has a great potential to expand its tourism economy. The area should be managed to maintain open space. There are limitless opportunities for birdwatching, hiking, backcountry 4 wheel driving, wildlife viewing, boating, rock hounding and photography. The Bureau of Land Management has a unique opportunity to manage the area for its scenic, cultural, wildlife and recreational values. Rooftop solar and other distributed generation alternatives should be considered as a more environmentally friendly clean energy alternative.”

Other plaintiffs include Friends of Searchlight Desert and Mountains and individuals Judy Bundorf, Ellen Ross and Ronald Van Fleet Sr. The plaintiffs are represented by Dave Becker, an environmental lawyer from Portland, Ore., and Jim Boyle of Holley, Driggs, Walch, Fine, Wray, Puzey & Thompson in Las Vegas.

An email to Apex Clean Energy asking for comment has not prompted a reply.

Since the project has no buyer for the power it might produce and Congress has failed to renew the wind power production tax credit, there are questions as to whether the project is financially viable.

The judge issued her ruling on Friday, a 4TH ST8 blog was posted Saturday, but I can find no other media coverage of this significant ruling at this time.

Du’s ruling may also offer a ray of hope for the state, counties and businesses suing the Interior Department over land use restrictions intended to protect the greater sage grouse. She is scheduled to hear a motion for an injunction in that case next week.

Judge sends Searchlight Wind farm project back to square one

A federal judge on Friday basically told the company that has been seeking to build a wind generation farm east of Searchlight and the federal land agencies trying to accommodate the project to start over and fix the flawed environmental analysis or abandon the project.

U.S. District Judge Miranda Du granted the plaintiffs’ request that Interior Department’s Record of Decision, Final Environmental Impact Statement, and the Biological Opinion be vacated because they fail to adequately address concerns about impacts on bald eagles, golden eagles, desert tortoises and migrating bats, but she refused to grant a permanent injunction.

Searchlight Wind, now a division of Apex Clean Energy, has been trying for at least seven years to gain government approval to place wind turbines on 19,000 acres of federal land — at the paltry price of $118 an acre — near Searchlight. The $300 million proposal was to erect 87 industrial-scale wind turbines that would be more than 400 feet tall and generate 200 megawatts of power.

Simulation of what windmills might look like east of Searchlight and near Lake Mohave, home to bald and golden eagle.

In her February order ordering Interior and Searchlight Wind review the project’s environmental impact, Judge Du pointed out the initial data used by the Bureau of Land Management found there were only three golden eagle nests within 10 miles of the proposed turbines. Subsequent surveys actually found 19 probable or confirmed golden eagle nests within five miles of the site, the judge wrote.

The BLM’s original study relied on data from Idaho. “In December 2012, however, researchers published a study addressing golden eagle home ranges and foraging distances in the Mojave Desert,” Judge Du writes. “The study shows larger home range sizes and foraging distances than those reported in the FEIS (Final Environmental Impact Statement). Taken together, this new information is sufficient to show significant environmental effects that Federal Defendants should consider in an SEIS (Supplemental Environmental Impact Statement).”

Du also told the BLM to re-evaluate its conclusions about the impact of the project on desert tortoises, especially the effects of blasting and noises of the turbines during operation.

In a press release at that time the conservation groups who filed the federal suit to block the project stated that a survey actually found 28 golden eagle nests within 10 miles of the project site and that a new study shows golden eagles in the Mojave Desert travel nearly 10 times as far from their nests to forage as previously thought.

The plaintiffs include Friends of Searchlight Desert and Mountains, Basin and Range Watch and individuals Judy Bundorf, Ellen Ross and Ronald Van Fleet Sr.

The original suit accused the Interior Department of acting in “a manner that is arbitrary, capricious, an abuse of discretion, and contrary to law.”

So far as I can find, the project has yet to find a buyer for the electricity the project proposes to produce. Without a contracted buyer it is questionable whether the company will find it practical to continue to sink money into a project that might never get approved due to the environmental hurdles.

But the government has 60 days to appeal, though there would be no point if Apex doesn’t have the wherewithal. Also the wind production tax credit expired at the end of 2014 and Congress has yet to extend it.

Judy Bundorf, the lead plaintiff in the case, reacted by saying:

I’m thrilled that the people who live in and around Searchlight won’t have to deal with the impact of such a huge construction project and the noise and flashing lights 24/7 for 25 or 30 years after the project is built.

Equally important, the untouched desert and variety of desert wildlife, including birds, mammals, and reptiles, not to mention Joshua tree forests, deserve to be protected.

Further, the proximity of the proposed wind project to Lake Mead National Recreation Area, Spirit Mountain, and numerous wilderness areas makes it unsuitable for large-scale industrial development of any kind.

Du’s Friday ruling: 13-616 Order Granting Vacatur 10-30-15

Du’s February ruling: Opinion_on_Summary_Judgment_2-3-15