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Restraining Order Non-Starter, Ocotillo Windmill Project to Continue

Windmills in Ocotillo at sunset
Windmills in Ocotillo at sunset

U.S. District Court judge William Hayes dismissed a request for a restraining order against the Ocotillo Express Wind Energy Project late last week. He found that the plaintiffs, CARES (Community Advocates for Renewable Energy Stewardship) lacked standing in the case. Attorney Bill Pate had represented CARES.

Ocotillo residents and other groups, including Native Americans, had been attempting to halt the construction of 112 towers, each 452 feet tall, in the valley surrounding the village. Their claim was that natural species (including bighorn sheep) would be obliterated, natural drainage would be altered, and that ancient worship and burial sites would be disturbed.

The project, on Bureau of Land Management acreage, is directly south of the southern boundary of Anza-Borrego Desert State Park and north of Interstate 8, at the base of the Jacumba Mountains. You will see it as you enter the desert eastbound toward El Centro and Yuma.

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Windmills in Ocotillo at sunset
Windmills in Ocotillo at sunset

U.S. District Court judge William Hayes dismissed a request for a restraining order against the Ocotillo Express Wind Energy Project late last week. He found that the plaintiffs, CARES (Community Advocates for Renewable Energy Stewardship) lacked standing in the case. Attorney Bill Pate had represented CARES.

Ocotillo residents and other groups, including Native Americans, had been attempting to halt the construction of 112 towers, each 452 feet tall, in the valley surrounding the village. Their claim was that natural species (including bighorn sheep) would be obliterated, natural drainage would be altered, and that ancient worship and burial sites would be disturbed.

The project, on Bureau of Land Management acreage, is directly south of the southern boundary of Anza-Borrego Desert State Park and north of Interstate 8, at the base of the Jacumba Mountains. You will see it as you enter the desert eastbound toward El Centro and Yuma.

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Comments
5

Judge Hayes is one the better judges at 940 Front Street.................

Oct. 1, 2012

Lacked standing? They had an attorney representing them. Isn't that enough anymore?

Oct. 2, 2012

When they say they lacked standing they mean the party suing has no legal interest in the lawsuit.....I don't know what the standing issue was here though, maybe b/c it was federal land, not CARES land. Who knows, it appears here the ancient worship and burial sites would be enough to give them standing.

Oct. 2, 2012

Precisely. I wonder if the judge has to give the basis for his ruling? I mean, he can't just say "You have no standing," and that's the end of it, right? There has to be more than, "Because I say so!"

I look forward to hearing more about this one.

Oct. 3, 2012

No, Hayes would lay out the law and reasoning. Judge Haye is excellent. The ruling is on the docket, and you can view the docket for free at 880 Front Street-4th Flloor clerks office where they have several computer temrinals for viewing case documents. if you're DT go in and check it out and report back.

Oct. 3, 2012

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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