County attorney explores legal review options as wind-energy ordinance concerns surface
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Summary
The county attorney reported preliminary consultations with outside firms and the Iowa County Attorneys Association about potential legal issues and preparedness for wind-energy ordinance litigation; supervisors supported obtaining a legal review of county ordinances.
Jackson County’s attorney briefed the Board of Supervisors on Aug. 5 about preliminary legal work related to wind-energy issues and the county’s wind-energy ordinance.
John Keyes, county attorney, said the office has had initial conversations with private firms experienced in wind-energy litigation and with ICAP (Iowa County Attorneys Association) representatives that can provide review hours through the county’s membership program. “They've done some work with the Supreme Court on a case…[ICAP] suggested their law firm could review our orders to see if there's any potential areas that they might want to look at,” Keyes said.
Why it matters: Several counties have faced litigation and legal challenges over wind-farm siting and ordinance language. Keyes advised that an early legal review could identify vulnerabilities and suggested using available county legal hours under the ICAP arrangement or retaining outside counsel with subject-matter expertise if litigation arises.
Board response: Supervisors asked staff to check how many ICAP legal hours remain and discussed whether to reserve those hours for systemwide needs; they also said they would consider retaining a specialized firm if a litigation risk materializes. No executive session or formal engagement of counsel was authorized at the meeting; the county attorney said ICAP would follow up on available hours and provide recommendations.
Ending: Keyes will monitor developments, coordinate with ICAP, and bring any recommendations back to the board if a more detailed legal engagement is advisable.
