Wyoming Supreme Court clears wind lease for next review stage

The Wyoming Supreme Court ruled Tuesday that the Pronghorn H2 wind energy lease can move forward to the Industrial Siting Council.

The unanimous decision reverses Douglas District Court Judge F. Scott Peasley, who had previously struck down the lease. Peasley argued the project failed to meet state rules because it lacked a direct connection to the power grid. The high court disagreed, stating that the "wind energy leasing" rule does not strictly mandate a grid connection at the approval stage.

The court determined that the Wyoming State Board of Land Commissioners acted within its authority when it approved the lease for land near Glenrock.

The project involves state trust land south of Glenrock.

Justices acknowledged that neighboring landowner Michael Stephens and Stephens Land and Livestock have standing to sue. The court described the potential harms to views and property values as substantial, immediate, and pecuniary.

The panel rejected other legal challenges regarding revenue, mineral rights, and wildlife impacts. It ruled that the land board may set lease rates on a case-by-case basis. The court also clarified that companies can still lease minerals on the state land, provided they do not unreasonably interfere with the wind farm.

The Pronghorn H2 project must now complete the permitting process with the Industrial Siting Council. This stage can take several years.

Governor Mark Gordon said in a statement that the decisions were made to ensure the highest and best value for state lands. "Today's Supreme Court decision affirms the original vote made by the State Board of Land Commissioners granting this lease," Gordon said.

Plaintiffs have 15 days to file for a rehearing, a request that is rarely granted.

Wyoming currently hosts approximately 1,500 wind turbines. These turbines have a generating capacity of about 3,700 megawatts, representing roughly 25% of the state's total electrical generation capacity.