Wyoming Supreme Court Clears Path for Pronghorn Wind Farm

The Wyoming Supreme Court ruled on Tuesday that the Pronghorn H2 wind project can move forward on state trust land near Glenrock. The unanimous decision reverses a Douglas District Court order that had stalled the development. Judge F. Scott Peasley previously rejected the lease because the project lacked a direct connection to the power grid. The high court disagreed, determining that the wind energy leasing rule did not mandate such a connection at this stage.

The court also granted standing to neighboring landowner Michael Stephens and Stephens Land and Livestock. The justices concluded that the potential harms to views and property values were substantial, immediate, and pecuniary. This finding allows Stephens to pursue legal challenges based on their proximity to the site, even as the project advances to the next regulatory step.

The panel rejected other arguments raised against the project. These included concerns over the amount of revenue the lease would generate for the state, the status of future mineral interests, and impacts on wildlife. The court affirmed that the State Board of Land Commissioners can set lease rates on a case-by-case basis. It also ruled that companies may continue to lease minerals on the state land, provided they do not unreasonably interfere with the wind farm operations.

Governor Mark Gordon released a statement following the decision. He stated that the choices made by the state were not political but designed to ensure the highest and best value for state lands. Gordon noted that the ruling affirms the original vote by the State Board of Land Commissioners to grant the lease.

The Pronghorn H2 project must now undergo the permitting process with the Industrial Siting Council. That review can take several years and may address additional concerns raised by the plaintiffs. Stephens and other petitioners have 15 days to file for a rehearing, a step that is rarely granted.

Wyoming currently hosts about 1,500 wind turbines with a generating capacity of approximately 3,700 megawatts. This output represents roughly 25% of the state's total electrical generation capacity, according to data compiled by WyoFile in April.