Council representing landowners neighboring the Rio Lago Solar farm returned to court for the second time in as many weeks to argue the construction site was directly responsible for killing aquatic life.
Attorney Jenn Rosenblatt argued in court last Thursday that a sediment control measure would have prevented contaminated soil from washing into neighboring land and killing tanks of aquatic life.
Earlier this year, Judge Pat McGuire signed an injunction prohibiting Pine Gate Renewables, Rio Lago’s parent company, and Rio Lago itself from forbidding cutting down trees, removing stumps and preparing land until proper permits and a plan for preventing storm water pollution were in place.
Shortly after, Rosenblatt returned to court in an emergency hearing saying the companies had not complied with the order, prompting McGuire to sanction the farm: either they followed his original injunction or they faced a $10,000 penalty.
Following a hearing in May, a third-party compliance officer was instated to ensure measures were being followed.
When Bandera County saw up to six inches of rain across the county July 22, landowners filed an emergency motion saying sediment had washed from the construction site and killed tanks of fish and turtles.
“What we saw was a six-year flood,” Rosenblatt told Judge McGuire in the emergency hearing on Thursday, July 25. “They should have been prepared to deal with a 100-year flood.”
Testimony continued last Thursday and is expected to conclude with a ruling in a final continuance hearing, the date and time of which was not available at the Bulletin’s press time.
The Bulletin reached out to Rio Lago Solar and Pine Gate Renewables and received the following statement: “Proceedings continue in the District Court of Bandera regarding allegations of property damage from site activities related to the Rio Lago Solar project. We are eager to demonstrate to the Court that we have been responsive to the recommendations and requirements of the independent monitor -- the Texas engineering firm charged with mediating disputes and responding to complaints.
“Meanwhile, Pine Gate Renewables continues to deploy safe and responsible construction and engineering practices on the project site under the oversight of the independent monitor appointed by plaintiffs and Pine Gate. We will continue to communicate project updates to all interested members of the Bandera community through the project website and monthly newsletter.
“We remain confident in the future of solar energy in Texas. We believe that solar has a critical role to play in supporting the local economy, powering the growing state, and providing another domestic and reliable source of energy for generations to come.”
