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Pattern Energy: Court Upholds Federal Right of Way for California Wind Project

On February 27, 2013, the U.S. District Court for the Southern District of California granted Pattern Energy and the United States Bureau of Land Management summary judgment on all claims in the suit brought by the Quechan Tribe against the Ocotillo wind project, located near San Diego. On the same day the Court granted summary judgment to Pattern and the BLM in a related case brought by Desert Protective Council. The 265 megawatt Ocotillo project is the first wind energy project permitted on federal lands in California in 20 years. The court found that the Project properly avoided and mitigated for impacts on tribal cultural resources, and that efforts to avoid and mitigate for impacts on eagles, hawks and other raptors met the requirements of federal and state law. Marten Law represented Pattern Energy in both matters. Marten Law lawyers from the San Francisco, Seattle and Portland offices made significant contributions to the effort.