A national environmental group has joined the lawsuit against
San Benito County challenging the county board’s approval of the
399-megawatt photovoltaic solar project in the Panoche Valley,
months before the case is expected to go to trial Aug. 8.
A national environmental group has joined the lawsuit against San Benito County challenging the county board’s approval of the 399-megawatt photovoltaic solar project in the Panoche Valley, months before the case is expected to go to trial Aug. 8.
In May, the Sierra Club, one of the largest environmental groups in the country, joined the lawsuit against the county and Solargen Energy – now called Nevo Energy after it was purchased by PV2 Energy, Inc – nearly six months after it was initially filed on Nov. 17, confirmed appellant attorney Rose Zoia. The lawsuit was issued a week after the San Benito County Board of Supervisors approved the Panoche Valley solar project on Nov. 10.
The project encompasses 4,885 acres and includes more than 10,000 acres in mitigation measures to protect local endangered species, such as the kit fox and blunt-nose lizard.
The group joins the local Save Panoche Valley and the Santa Clara Audubon Society in the suit, accusing the county’s board of supervisors of “abusing its discretion” and failing to act under the law when approving the solar project.
It is about two months before the case is expected to go to trial in August, according to the case filing at the San Benito County Courthouse. The appellants filed their opening statements with the court in May, and representatives from the county and Solargen issued their response June 20.
The three groups argue the board’s approval violates the California Endangered Species Act, Fish and Game regulations, the Williamson Act and county planning laws. It describes the final environmental impact report as inadequate and requests a new one.
Defendants believe the three groups have “no legal basis” for the lawsuit, according to the court record.
“Petitioners consist of (a) small group of frustrated neighbors and a chapter of the Audubon Society of the adjacent Santa Clara County, who are unhappy with the board’s policy decision to approve the Project,” according to the county’s filing.
The project is expected to bring 50 permanent jobs to the county and nearly 200 construction jobs, according to documents.
The addition of the Sierra Club, though, will not change any details of the case, the petitioners’ attorney Rose Zoia said.
“It will not change anything with the case, no,” she said.
Before a possible trial takes place, the three groups need to file a response to the defendants, Zoia said. It will be filed in July.
In the suit, the groups are asking the county to void the approval of all Solargen-related documents and place a restraining order on the company to prevent any future solar projects.
