Rim Rock on trial in Montana
Judge denies SDG&E’s request to dismiss lawsuit over Naturener farm
A state judge has ruled a lawsuit over NaturEner’s 189MW Rim Rock wind farm will proceed in a Montana court.
California offtaker San Diego Gas & Electric (SDG&E) has accused the Spanish developer of concealing the risk the project poses to eagles and other birds. The utility filed a lawsuit in California Superior Court seeking to terminate the power purchase agreement and a $285m investment contract.
NaturEner alleges SDG&E has “buyer’s remorse” and is just trying to get out of the deal so it can purchase lower priced power elsewhere.
State District Judge Brenda Gilbert denied SDG&E’s motion to dismiss the case, and said the lawsuit will proceed in Montana.
Gilbert also granted NaturEner’s application for a preliminary injunction, compelling SDG&E to continue buying Rim Rock renewable energy credits under the power purchase agreement.
Image: Potential risk to eagles cited in wind farm legal spat (US FWS)