A group of 20 residents in Van Zandt County, Texas, have filed a lawsuit seeking damages and an injunction against the renewable energy investment arm of Finland’s Taaleri Group and the US arm of UK-based RES Group over the construction of what they describe as an “ultra-hazardous” lithium-ion BESS located approximately 11 miles southwest of Canton in Texas.
The residents, all of whom reside in the BESS fire “evacuation zone”, argue that Taaleri Energia’s 100MW/200MWh Amador Energy Storage project “threatens their safety, livestock, and the rural lifestyle”.
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The lawsuit was filed on behalf of the residents by Dallas, Texas-based law firm Graham, Bright & Smith on 10 December 2024.
Lawsuit aimed at Taaleri Energia and RES Group
The first defendant listed in the lawsuit, BT Amador Storage, LLC, was incorporated in October 2022 by greenfield developer Belltown Power – a company with a track record of selling projects at an early stage of development. As reported by Energy-Storage.news, Belltown Power sold a 6GW portfolio of projects to France’s Engie in 2022 that included a handful of standalone and co-located BESS developments in Texas.
Although initially incorporated by Belltown Power, the subsidiary is now wholly-owned by Taaleri Energia through its SolarWind II fund that was reported to have closed in December 2023 with €430 million (US$447.92 million) in commitments.
The lawsuit is also aimed at the US development arm of RES Group and describes the firm as having executed a contract with Taaleri Energia to complete construction of the project. Two individuals who own the land proposed for the BESS project are also listed as defendants in the lawsuit.
BESS facilities described by residents as ‘inherently dangerous’
The lawsuit contains a series of bold statements including describing BESS facilities as “inherently dangerous” with “a history of catching fire, exploding and distributing noxious gas.” Although BESS facilities have caught fire in the past, which should be treated seriously with proper investigations carried out, the vast majority of projects around the world continue to operate without any issues.
An 18 December 2024 press release issued by the local residents mentions the widely reported battery fire that affected Rev Renewables’ Gateway Energy Storage facility located in Otay Mesa, California, which burnt for two weeks.
The release also mentions concerns raised by local residents of the project’s proximity to “critical infrastructure” such as the Explorer Pipeline, and the “devastating consequences” that could occur if a BESS fire were to ignite near flowing petroleum. The irony being, of course, that BESS facilities are part of a wider transition away from fossil fuel reliance.
The “view pollution” caused by the BESS, potential contamination to the environment in the event of a fire, along with lack of resources to combat a fire, were also listed as main concerns for residents.
The residents also list the “limited local benefits” of the BESS as part of their lengthy list of concerns, describing the Amaddor project as being “intended for use in another county in Texas”.
As this project will connect to the Electric Reliability Council of Texas (ERCOT) electricity grid, it will be used by the system operator to balance the supply and demand of electricity across Texas.
It was this same lack of foresight exhibited by officials in the Texan City of Katy that caused Vesper Energy to have a Special Use Permit (SUP) for the construction of a 500MW BESS recently denied, as reported by Energy-Storage.news.
Taaleri Energia has secured an ERCOT interconnection agreement for its Amador project covering 100MW of BESS connecting to the grid via Rayburn Electric Cooperative’s Explorer 138kV switching station (24INR0472).
Damages, injunction and trial by jury
The lawsuit claims “recent studies” have shown that having a BESS announced in close proximity to property will reduce its value between 10% and 25%. However, the legal filing does not mention anything more specific than this or name the studies.
Adding to this, the lawsuit claims that due to the residential nature of the properties in question, the BESS will render the dwellings “virtually worthless”. Despite being such an audacious statement, and potentially damning if true, the lawsuit does not provide any evidence to back up this claim.
The residents are seeking up to US$10 million in damages caused by property devaluation, an injunction against the project and a trial by jury.
As the proposed project is located in unincorporated Van Zandt County, the developer was not bound by any zoning, environmental or permitting requirements. Because of this, according to a website for the project, the developer did “not have a formal opportunity to present site plans or receive feedback from the local community” – potentially angering residents into filing the lawsuit.
As stated on the website and in spite of the project’s location, the developer did carry out an environmental assessment of the project whilst coordinating with officials at Van Zandt County, Department of Defence (DoD) and the US Army Corps of Engineers (USACE).
Taaleri Energia states that it “designed the Amador Energy Storage Project to avoid sensitive areas, leaving minimal to no impacts to the surrounding environment”.
According to ERCOT’s interconnection queue, the project is expected to come online in December 2025.
