The Osage County Board of Adjustment voted unanimously Dec. 2 to appeal the latest decision by District Judge Robert Haney to the Oklahoma Supreme Court.
Haney’s decision forced the BOA to issue a conditional use permit to allow Mustang Run, a 110-turbine wind project, in the county. The second wind farm planned for the county. Two more wind companies have recently expressed interest in the county.
Around 8:30 p.m., after an hour-long executive session, the BOA voted to instruct District Attorney Rex Duncan to appeal the decision. The BOA is also requesting an immediate stay to the order, which would halt all construction on Mustang Run until the Supreme Court made its ruling.
Applause came from the attendees, handshakes and laughter as another step was taken to block the wind companies. Two turbines have been completed near highway 60 and more than 10 others are near completion.
The BOA’s vote to appeal Haney’s decision joins the efforts of the Osage Nation and the U.S. Attorney for the Northern District of Oklahoma who is suing Osage Wind, LLC; Enel Kansas, LLC; and Enel Green Power North America, Inc., who are building 84 turbines near highway 60, north of Fairfax. The U.S. Attorney filed a preliminary injunction Dec. 2 to halt all construction.
According to The Bigheart Times, Osage Wind initially planned 94 turbines but scaled back to 84, Mustang Run had announced it would have about 68 turbines, but was permitted by the Federal Aviation Administration for 110. Osage Wind’s turbines are 432 feet tall, and Mustang Run’s planned turbines are 495 feet.
“This is an important victory for opponents of industrial wind in sensitive areas. It effectively keeps Mustang Run, the second project, from proceeding while the Board of Adjustment appeals the ruling,” wrote Assistant Principal Chief Raymond Red Corn on the Facebook page Osage Community for Responsible Citizenry. “Importantly, this is the third government entity, after the Osage Nation and the U.S. Attorney’s office, that is taking on Enel – the second largest utility in Europe – in State and Federal court.”
Osage tribal members and citizens from the community addressed the BOA before their vote, as well as proponents for the wind companies.
Aaron Weigel, director of project development for Trade Wind Energy, asked the BOA whether they were willing to spend county funds and time on an issue that had already been decided on.
Ford Drummond, an opponent of the wind farms, told the BOA that if they didn’t appeal they would be letting Haney set a dangerous precedent for local governments.
“If you don’t appeal this decision it will set a precedent that diminishes local control over local issues.”
By
Shannon Shaw Duty
Original Publish Date: 2014-12-02 00:00:00
