Converse County rancher Mike Stephens has long worried about what massive wind turbines might do to the wildlife on state land near his family's multi-generational ranch. But it wasn't until this month that his attorneys spelled out those concerns in detail in Converse County District Court.
In particular, Stephens is troubled by what the spinning shadows wind turbines might do to sage grouse — or as he calls them, "sage chickens" — that rely on the area for critical winter habitat.
"The damaging part is to sage chickens, that shadow," Stephens told Cowboy State Daily. "I don't know if you've ever seen chickens, like domestic chickens or any bird. If they see a shadow, they are hightailing it because they know a bird of prey is going to get them.”
Stephens believes the long shadow cast by the blades of a turning wind turbine will stress out the resident population of sage grouse on land the Wyoming Board of Land Commissioners agreed to lease for the proposed Pronghorn H2 wind project.
Stephens said the constant anxiety among sage grouse would be "unbelievable, especially during breeding season."
"They're just constantly stressed," he said.
There’s also anxiety among some residents of Converse County who worry about how the Pronghorn H2 project will impact the local landscape and wildlife, said Stephens. The 68-year-old rancher said the recent litigation is his way of speaking up on behalf of his neighbors.
“Everywhere I go, I’m getting this, ‘Hey thanks for doing what you’re doing,’” said Stephens. “My grandkidssaid, ‘Grandpa you’re a celebrity. Everybody knows you.’”
As a leading spokesperson in opposition to the Pronghorn H2 project, Stephens now waits for a response to his legal claims. The Wyoming Attorney General and attorneys for Focus Clean Energy — the Colorado company backing the project — have until late September to file their responses.
Making His Case
In the recent court filing, Stephens' attorney Patrick Lewallen questioned the legitimacy of the lease granted by the Board of Land Commissioners' 4-1 vote in April.
Using electricity generated by wind turbines, Pronghorn H2 will produce "green" hydrogen jet fuel, according to Focus Clean Energy. And that's a problem, said Lewallen, who believes the project doesn't meet the state's definition of wind energy leasing.
"I think a threshold question is whether or not the rules that have been adopted by the state Land Board allow for them to turn to a wind lease for this type of project," Lewallen told Cowboy State Daily. "I think it's a lot different than other projects you've seen around the state, and I think that's a threshold question that we're asking the district court to look at."
When asked if he thinks it's clear-cut that projects not feeding into the grid in a traditional way aren't allowed under the leasing rules, Lewallen responded: "I think our reading of the leasing rules is that [grid connection] is required and included in a wind lease."
"The proposed wind farm is atypical, because there is no intention for the energy generated from the project to be transmitted into the grid," court documents state. "Wind energy leasing on Wyoming's state lands requires that the energy produced on those lands be transmitted to a substation for delivery into the grid."
Benefits Questioned
The legal challenge also argues the lease fails to maximize long-term benefits for Wyoming's state land trust because operator fees will be lower without grid sales.
The brief notes that when wind energy is sold to the grid, operators pay higher royalty rates (5-8% of gross revenue), but the Pronghorn project will pay only a flat base fee of $4,750 per megawatt per year.
"The State Board approved a lease that will always generate less revenue in operator fees than compared to 'normal' wind farms," according to court documents.
The brief also argues the lease improperly subordinates valuable mineral development rights to wind energy. It asserts that Wyoming law traditionally recognizes mineral estate dominance, but the wind lease requires future mineral lessees to "avoid impairment" to wind operations and obtain consent from the wind lessee for any development.
"By approving Wind Lease No. WL-1620, the State Board effectively stated that it was certain that no mineral development would ever take place on the approximate 14,000 acres of state land," the brief states, noting this could include oil, gas, uranium or rare earth elements.
Grouse Protections
In addition to spooking grouse with non-stop spinning shadows cast by the wind turbines, Stephens’ court filing also argues the lease violated Executive Order 2019-3, Wyoming's primary sage grouse protection framework.
The Wyoming Game and Fish Department had warned that the lease area includes "portions of the Natrona Core Protection Area" where "commercial wind development is not recommended."
Also, according to court documents, Game and Fish specifically identified portions of the lease area as "crucial winter range" for mule deer and antelope, recommending complete avoidance of infrastructure development or seasonal restrictions from Nov. 15 to April 30.
The brief notes that oil and gas leases in the same area typically include such winter restrictions, but the wind lease does not.
"The State Board placed wind energy generation above protecting big game critical winter ranges," states the brief.
Developer’s Response
The man behind the Pronghorn H2 project is Paul Martin, president of Focus Clean Energy.
Martin grew up in Idaho and now lives in Colorado. His mother is from Wyoming, and his great-grandfather taught math at Laramie High School for 40 years. He’s spent more than a decade developing wind farms in Wyoming, including the Two Rivers Wind and Boswell Springs Wind projects.
As his attorneys prepare a response to Stephens’ recent filing, Martin told Cowboy State Daily, “The Pronghorn project, located primarily on private land, has and will continue to abide by Wyoming laws and regulations as it relates to our wind lease that was approved by the State Lands Investment Board in April of this year.”
Martin added, “We are committed to a lawful and responsible approach to the development of this project and will continue to work with the community to present an opportunity that protects property rights while creating significant economic benefits for Converse County.”
Cowboy State Daily also reached out to Wyoming Gov. Mark Gordon and the Wyoming Attorney General’s Office, which declined to comment on active litigation.
David Madison can be reached at david@cowboystatedaily.com.
