• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Blog Home
  • Topics
    • Keystone Press Releases
    • Politics and Government
    • Legislation
    • Nevada News
    • Tourism & Gaming
    • Rural Nevada
    • Business
    • Opinion
  • Membership
  • Contact Us
  • About Keystone Nevada

Keystone Nevada Korner

Welcome to The Keystone Korner The Official Blog of Keystone Nevada

Home » Nevada geothermal power lawsuit bound for US appeals court

Nevada geothermal power lawsuit bound for US appeals court

January 30, 2022 by Pauline Lee

by Scott Sonner, Associated Press, January 21, 2022

RENO, Nev. — A federal appeals court will have to decide whether protecting historical tribal lands and a rare toad warrant blocking a major geothermal plant in Nevada as the nation tries to move away from fossil fuels amid a looming climate crisis.

Ormat Technologies says it may abandon the project if a 90-day court order remains in place into March at the high-desert site bordering wetlands fed by hot springs about 100 miles (160 kilometers) east of Reno.

The legal battle is headed to the 9th U.S. Circuit Court of Appeals in San Francisco after a federal judge in Reno denied Ormat’s request this week to lift the temporary injunction by Feb. 28.

The Fallon Paiute-Shoshone Tribe and the Center for Biological Diversity won the Jan. 4 court order temporarily banning any activity on what they say are sacred ceremonial grounds and home to the Dixie Valley toad being considered for a U.S. endangered species listing.

They also warn that the project could end up costing ratepayers in Southern California more for electricity.

Reno-based Ormat, one of the five largest U.S. geothermal producers, says it could lose tens of millions of dollars if it can’t begin construction at the site on federal land before March.

“While this is a significant blow to the company, it may sound the death knell for the project,” its lawyers wrote in their request to cut the 90-day order in half.

Ormat said it has invested $68 million over 10 years to start construction early this year and meet a Dec. 31 deadline to begin selling power at rates above current market prices under a 2017 contract.

They told U.S. District Judge Robert C. Jones on Jan. 10 the situation makes it “virtually impossible” to meet the deadline “critical to making the project economically feasible.”

Jones said in his order late Wednesday they should take it up with the appellate court in San Francisco.

“The most efficient and direct path to resolve any party’s concerns with this court’s orders on the temporary restraining order and preliminary injunction is to pursue appeal on an expedited basis,” he wrote.

On Thursday, Ormat’s lawyers filed formal notice of their intent to appeal, and on Friday, lawyers for the tribe and the center filed notice of their intent to counter-appeal.

It’s the latest development in a lawsuit the opponents filed last month seeking to void an environmental review the Bureau of Land Management approved in authorizing the project in November.

The lawsuit says pumping water from beneath the earth in Dixie Meadows will harm the hot springs the tribe considers sacred and could push the toad to the brink of extinction at the only place in the world it’s known to exist.

The opponents lawyers also say in their latest court filings that while Ormat may benefit from the energy deal it cut with NV Energy in 2017, electric ratepayers would not.

“Ormat’s interest in profiting from above-market prices — which would likely be borne by consumers in the Los Angeles area over the length of the contract — does not constitute irreparable harm,” they wrote.

The project includes an initial power plant that would produce 12 megawatts of electricity, or enough to power more than 3,000 homes, with potential for a second plant that could push total production to 60 megawatts, or about 15,000 homes.

Ormat argues the ceremonial lands and the toad itself are too far from the plant to be harmed, and that the area already is developed with roads, powerlines, a wellfield and an existing gravel pit bordering the site.

Its lawyers say geothermal development is an especially important step “in the global fight to reduce greenhouse gases and slow climate change.” Unlike wind and solar, geothermal power “contributes to availability of clean energy 24 hours a day, seven days a week,” they said.

“The loss of the project would deal a massive blow to the state’s efforts to replace fossil fuel combustion with renewable energy, posing an obstacle to Nevada’s constitutional requirement to procure 50% of the state’s energy from renewable resources by 2030,” they wrote.

The tribe and conservationists say any delays in construction are largely of Ormat’s and the government’s “own making.”

Their lawyers say the bureau’s environmental assessment makes clear that from 2011-2016, Ormat failed to collect required surface water monitoring data as it had agreed to under its lease.

They said they alerted Ormat and the bureau in 2017 that they needed to prepare a more detailed environmental impact statement.

“The failure to resolve those issues over the subsequent years does not now create an emergency,” they wrote.

Filed Under: Rural Nevada Tagged With: Center for Biological Diversity, Fallon Paiute-Shoshone Tribe, geothermal plants, Ormat Technologies

Primary Sidebar

Connect with Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
Bootleg Bistro
Bootleg Bistro Ad
SLLC_Keystone_Blog-Ad_300x500_10%-Off-Repairs_05.19.21
CIOServices Ad 300x500-100
BRH Keystone Ad JPEG
Willow_Manor
Keystone Corporation Nevada

News Topics

  • Keystone Press Releases
  • Politics and Government
  • Legislation
  • Nevada News
  • Tourism & Gaming
  • Rural Nevada
  • Business
  • Opinion

Rural Nevada

Weather may have slowed January sales

April 8, 2023 By Courtney Holland

By The Record Courier Staff, April 4, 2023 For the third month in a row, Douglas County merchants reported a decrease in taxable sales, though not … [Read More...] about Weather may have slowed January sales

30 new projects in Pahrump: Arby’s, Chipotle, Midas Muffler, 3 convenient stores & more

March 29, 2023 By Courtney Holland

By Robin Hebrock, Pahrump Valley Times, March 28, 2023 Business is booming in the Pahrump Valley, with dozens of new companies looking to bring … [Read More...] about 30 new projects in Pahrump: Arby’s, Chipotle, Midas Muffler, 3 convenient stores & more

UPS and AVK America plan to expand in Douglas County

March 19, 2023 By Courtney Holland

Staff Reports for The Record Courier, March 17, 2023 United Parcel Service plans to build a new 168,000 square foot building in Douglas County, … [Read More...] about UPS and AVK America plan to expand in Douglas County

Redwood Materials gets $2 billion federal loan for mega battery facility near Reno

February 12, 2023 By Pauline Lee

by Jason Hidalgo, Reno Gazette-Journal, February 9, 2023 Redwood Materials just secured a commitment from the federal government for a $2 billion … [Read More...] about Redwood Materials gets $2 billion federal loan for mega battery facility near Reno

Opinion

OPINION: The Lost Art of Negotiation In Carson City

May 30, 2023 By Courtney Holland

NV Dems to Governor Lombardo: ‘Your priorities aren’t our priorities, but here are ours, sign them’ By Megan Barth, The Nevada Globe, May 26, … [Read More...] about OPINION: The Lost Art of Negotiation In Carson City

OPINION: Don’t force taxpayers to gamble with the IRS

May 30, 2023 By Courtney Holland

By Rich Robledo, Las Vegas Sun, May 21, 2023 Every year, millions of Americans visit Las Vegas to see the sights, take in a show, and even gamble … [Read More...] about OPINION: Don’t force taxpayers to gamble with the IRS

OPINION: Bipartisanship is critical in economic development

May 30, 2023 By Courtney Holland

By Tina Quigley, The Nevada Independent, May 28th, 2023 Several months ago, a friend sent me a copy of a 50-year-old local news … [Read More...] about OPINION: Bipartisanship is critical in economic development

Tags

Adam Laxalt am post Build Back Better Business Business Columns Casinos & Gaming Catherine Cortez Masto Clark County Clark County School District COVID Department of Employment Training and Rehabilitation (DETR) Editorials Education Elon Musk employment Gov. Joe Lombardo Gov. Steve Sisolak Housing inflation Inside Gaming Joe Lombardo las vegas Local Local Las Vegas Local Nevada mc-business mc-local mc-news mc-opinion mc-sports Nevada News NPRI Opinion Opinion Columns PAID Politics and Government Real Estate Insider Roe v. Wade school choice Sports Tesla The Strip tourism Victor Joecks

Footer

Copyright © 2023 · Keystone Corporation - All Rights Reserved · Log in
Privacy Policy
By accessing this site, you are agreeing to our Terms of Use

The views, opinions and conclusions expressed by the authors of any article or post on the Keystone Korner are those of the author and do not necessarily reflect the opinions of Keystone Corporation or its officers and board members. Moreover, any reference to a person, party, product or entity does not constitute an endorsement or recommendation by Keystone Corporation or its officers and board members.