UPDATED: Judge to rule on fate of solar project on Sept. 17

Supporters of the planned Panoche Valley Solar Project in southern San Benito County rallied outside of the county courthouse in Hollister on Thursday as the county and the solar project builders asked the court to rule that an action by the Sierra Club and Audubon Society to delay construction of the project is without merit. After hearing from both sides, Judge Harry Tobias announced that he will review the matter and announce his decision on Thursday, Sept. 17.

This week’s court hearing was a joint motion for judgment by the county and PVS seeking to quash the environmental groups’ efforts to halt the project, which is slated to begin construction as early as Oct. 1. Supporters assert that the project has already been approved by the county and that no new evidence against it should be allowed.

The Sierra Club and the Audubon Society claim that the county, in approving the latest entitlement amendments, abused its discretion by making a decision that was not based on substantial evidence in the record. The hearing will be for the court to determine, based on the pleadings and the certified record, whether or not there is substantial evidence in the record that the county abused its discretion in approving the latest round of entitlement amendments.

The multi-million-dollar Panoche Valley Solar project has been approved by San Benito County and state and federal permits are expected within weeks. The notice of construction of the project has been issued with construction to commence as early as next month. Supporters claim the project will bring 500 construction jobs, resulting in nearly 1,000 “direct and indirect” jobs for the region with a priority for local residents. Opponents claim the project will harm native species and negatively impact habitats.

Project advocates say that despite the opposition from the Sierra Club and Audubon Society, the solar plant has environmental benefits such as producing enough power to support 68,000 homes, replacing 530 million pounds of coal burned, and protecting native habitat and animal species in the Panoche Valley. 

The project, which was condensed in 2013 by 40 percent to 247 megawatts, was victorious in two previous lawsuits brought by Sierra Club and Audubon Society in 2011 and 2013. The reconfigured project design incorporated suggestions — such as adding wildlife corridors — from resource agencies and species experts. A supplemental EIR was completed in 2015, when the Sierra Club and Audubon Society filed a challenge to the supplemental environmental impact report in June 2015.

For a story on the hearing from television station KION, click here.