RENO, Nev. (AP) ā A federal judge said Tuesday he intends to temporarily block any construction work for 90 days at a proposed geothermal power plant in Nevada that opponents said would destroy a sacred tribal site and could result in extinction of a rare toad being considered for endangered species protection.
Classic rock-and-a-hard-place problem. The developer wants to build two geothermal energy plants, which will reduce greenhouse gas emissions to the extent of the renewable power generated. But the site is considered sacred with cultural value by a local tribe (Fallon Paiute-Shoshone Tribe), and will also endanger the habitat of the Dixie Valley toad, which is under consideration for protection under the Endangered Species act. Making it more interesting for me is the involvement of a friend, Patrick Donnelly, as the local director for the Center for Biological Diversity, which brought the lawsuit along with the Tribe.
Excerpt from this story from the Associated Press (AP):
A federal judge said Tuesday he intends to temporarily block any construction work for 90 days at a proposed geothermal power plant in Nevada that opponents said would destroy a sacred tribal site and could result in extinction of a rare toad being considered for endangered species protection.
U.S. District Judge Robert C. Jones said heās going to refuse a request for a longer injunction sought by tribal leaders and conservationists that would have prohibited any activity at the site until he can hear full arguments and rule on the merits of a lawsuit they filed last month. But he explained that the 90-day restraining order will give them the option of appealing his decision to the 9th U.S. Circuit Court of Appeals in a complicated legal case pitting production of renewable energy against protection of environmental and cultural resources.
The Reno-based Ormat Technologies Inc. had intended to begin bulldozing work this week at the site in northern Nevadaās high desert about 100 miles (160 kilometers) northeast of Reno.
The lawsuit filed Dec. 15 by the Center for Biological Diversity and Fallon Paiute-Shoshone Tribe said the project would turn a āpristine and unique location of ecological value and spiritual significanceā into an industrial site.
It accuses the U.S. Bureau of Land Management of illegally approving Ormatās project in the Dixie Meadows, about 40 miles (64 kilometers) northeast of Fallon, without the necessary environmental analysis. It also said the agency is violating the Religious Freedom Restoration Act.
Jones said granting a preliminary injunction to block any activity at the site beyond the 90 days would have required him to conclude that the tribe and the conservationists have a likelihood of ultimately prevailing on the merits of their arguments.
āI am not yet persuaded there is a strong likelihood of prevailing on the merits,ā he said.
Formed by natural springs, Dixie Meadows is a critical wetland ecosystem in a desert oasis that is home to the Dixie Valley toad found nowhere else in the world, the lawsuit said.
Tribal leaders have argued that their ancestors have lived in the Dixie Valley region for thousands of years and long recognized the hot springs as āa sacred place of healing and reflection.ā
The bureau said in announcing the projectās approval in November the two 30-megawatt geothermal plants would help Nevada meet its renewable portfolio requirement that the stateās utilities procure 25% of their energy from renewable sources by 2025.
