Attorney Matt Bishop has been hired to represent Concerned Citizens of Carroll County (CCCC), a non-profit corporation formed to oppose the $300-million Nimbus Wind Farm proposed by Scout Clean Energy in rural Green Forest. Bishop spoke to the group via Zoom at August 9 and 10 meetings in Berryville.
When asked at the first meeting if the group had a chance of stopping the project, Bishop said that attorneys are expensive. He recommended the group focus first on getting more citizens to lobby the Carroll County Quorum Court to take actions to stop the project.
Traditionally, the QC has been opposed to zoning or land use regulations that would prohibit restrictions on the use of private property. A concern has been that people might try to prevent agricultural uses such as chicken houses. But Bishop pointed out that the QC voted unanimously in July at the recommendation of the Arkansas Association of Counties to approve an emergency ordinance in Carroll County to require sound abatement from data mining centers, including those used for crypto currency, and that is a land use restriction.
Bishop said that the justices of the peace need to hear from many constituents. He recommended calling or emailing, expressing concerns in a polite manner, and thanking the JP for his or her time.
The Nimbus project calls for 43 wind turbines, with 14 more of them than 650 feet tall—taller than the Seattle Space Needle. Currently, Scout is in negotiations with Carroll County Judge David Writer regarding a road use agreement that would allow Scout to improve the rural county roads needed to transport the large wind turbine blades and tower components to the proposed site.
Writer has said he feels he must allow a road use agreement, or the county could be sued by Scout or people who have signed leases with Scout. When asked about that at the meeting, Bishop said cities and counties are members of statewide organizations that provide free legal assistance by very competent lawyers. Counties belong to the Association of Arkansas Counties. Bishop said individual JPs and other public officials have personal immunity from lawsuits regarding their official duties.
Scout Clean Energy was purchased for $1 billion by international company Brookfield Renewable in September 2022. Bishop said that Brookfield, like all publicly traded companies, is required to do what is best for its shareholders, not thoe who might be impacted by projects.
“If the profit isn’t there, then the promises made at the beginning are often forgotten, if you’re even still dealing with the same owners of the project,” Bishop said. “To a multinational corporation, promises made on this little project in Carroll County aren’t as important as the next quarterly earnings report. So, when something goes wrong or maintenance is needed, that decision is a numbers’ decision, not necessarily based on what is best for Carroll County or the landowners.”
Bishop also said a new presidential administration could change and decide the country doesn’t need wind energy. If tax credits are discontinued and the profits disappear, he said it is unlikely that leaseholders will be paid or that the county will receive the promised tax revenues. He also said it is quite possible that ownership of the wind facility could change five or six times over the lifespan of the project.
Scout has applied for an Incidental Take Permit from the U.S. Fish and Wildlife Service regarding bats, eagles and other birds that might be killed by the turbines. Bishop said the USFWS is required by law to take public comments and respond to the comments. Bishop said it is very important that people put in public comments.
Asked if it was too late to stop the project, Bishop said that Scout’s public relations wants to make it appear to be inevitable. “But governing bodies like the quorum court have powers for a reason,” he said.
Great points; I think this project needs to disappear on its merits or lack thereof. We don’t know who is getting the energy this will generate (neither does Nimbus), and we know that significant environmental issues are in play. We need a public process in which health and safety concerns can be addressed, and the Quorum Court is the best bet for this. In the meantime, I wish Arkansas would develop regulations for wind projects, but this may be unlikely given the pro-business bend of the current administration.