On Tuesday, Montana District Judge Brenda Gilbert kept a temporary injunction in place against San Diego Gas & Electric (SDG&E) as it attempts to void a contract with the Rim Rock wind farm in Montana.
The California utility wants the judge to dismiss the case, allowing the contract to be canceled with the 126-turbine project, built by NaturEner. But Judge Gilbert failed to act, according to the Associated Press.
SDG&E said that the project could have a negative impact on eagles and other birds. However, NaturEner said they have put measures to protect the birds, including radars to spot the birds and stop the turbines before the birds are killed.
SDG&E also said that the builder neglected to include the necessary information on the precautions when documents were handed over to the court in December.
In addition, the utility wants to withdraw its pledge to invest nearly $285 million dollars in the wind farm.
NaturEner put up nearly all of its assets to secure financing for the Rim Rock wind farm.
If SDG&E wins the court battle, NaturEner would not be able to pay back the loan, forcing the company’s three wind farms to close down.
The companies have until March 21 to submit their findings.