Spanish energy giant Repsol on Friday filed a court motion which seeks to appeal the Laramie County Board of Commissioners’ decision to deny its proposed Laramie Range Wind Project.
The board in September denied the controversial wind energy development proposal, which is three times the size of Cheyenne, after getting an earful from dozens of county residents opposed to the project.
A long line of people gathered to speak out against the project before the commission denied it, saying the up-to-170 wind turbines could disturb local wildlife and become an eyesore.
After a more than four-hour hearing, the commission voted the project down in a 3-1 vote. Commission Chair Gunnar Malm was absent during those proceedings.
ConnectGen, the company’s renewable energy arm, filed a petition for judicial review which asks a court to review the decision for a potential overturn.
The Documents
The commission wrote in an untitled resolution that it found “too many unanswered questions” and “incomplete responses” remained following Repsol’s testimony to the board on its project proposal. It also cited the decision by the Laramie County Planning Commission to decline to recommend the project as a factor in that decision.
The board expressed concern over Repsol’s ability to create an access road to the proposed project site. It also said Repsol failed to answer questions regarding fire mitigation and water well permits.
“Legal access by road is required to the site, and the Applicant gave incomplete and perfunctory responses to questions concerning design, haul routes and concerns presented by Planning and Public Works about a lot of ‘moving parts’ concerning, in part, the construction process and impact to surrounding public roads,” the document reads.
Repsol also responded “generally and without commitment” to questions regarding the finalization of an agreement with the Wyoming Game and Fish Department with conditions for the project site, the document reads. It also said the company “could not speak to” plans to use technology to mitigate the impact on wildlife.
“When Applicant was asked by this Board about how to enforce any commitments made by Repsol, the answers were vague and unspecific,” the document reads.
In Repsol’s petition filed Friday to the Laramie County District Court, the company argued it has been completely compliant with all legal requirements regarding the project and was unfairly denied by the board.
“The Site Plan Application demonstrated the Project’s compliance with the standards for Large Wind Energy Systems,” it reads.
It further asks Judge Nathanial Hibben to weigh “whether the Board’s denial of ConnectGen Laramie County’s Site Plan Application was taken without observance of procedure required by law” and “whether the Board’s denial… is unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by the state.”
County Response
Commissioner Troy Thompson was the sole vote in favor of the project and said during the September hearing, he was “disappointed” in the commission for its decision.
He told Cowboy State Daily Monday he expected such a response from the company.
“It doesn't surprise me that they decided to do this to be honest with you,” he said. “I think this is what we all kind of figured would be their next step and so it’ll be interesting to see what the judge says.”
Thompson said he sided with those who said the project should be allowed to proceed on the basis of land use rights. He argued that denying the project went against Wyoming values.
“The way I feel on this is a landowner should have the right to do what he wants on his property, as long as he follows the rules, and the rules are state statutes and our land use regulations,” he said. “That's kind of been my stance on these projects all during my time as a commissioner, that people want to do something on their land and they do it within the auspices of our use regulations, then they should be able to do that.”
Cheyenne realtor Wendy Volk, who spoke out against the project repeatedly, told Cowboy State Daily the company has a right to seek legal recourse to the commissioners’ decision.
“Our family respects ConnectGen's right to appeal,” she wrote via email. “The County Commissioners' decision followed months of detailed analysis and public testimony, and concluded that the project did not meet standards that protect residents, infrastructure, and the rural character of the Laramie Range.”
She added, however, Repsol’s move threatens her family’s historic ranch and poses harm to the surrounding wildlife and community.
“The proposed development alters the historic, agricultural character of Horse Creek and the Laramie Range in ways that cannot be mitigated,” she wrote. “Industrialization on this scale must be weighed carefully against long-term community identity and land stewardship.”
“Local residents expressed deeply informed, fact-based concerns,” she added. “That level of civic engagement deserves respect and should be central to any future conversation. We remain confident in the County's decision and will continue advocating for responsible development.”
Board of Commissioners Chair Gunnar Malm told Cowboy State Daily he was aware of the filing by Repsol, but declined further comment, citing the ongoing legal proceedings.
Jackson Walker can be reached at walker@cowboystatedaily.com.
