David defeated Goliath. Again – Watt?

[editor’s note: Here is some helpful background information useful for reading the guest post below.

A federal judge has dismissed most of a lawsuit filed by North Fork Wind against Knox County, Nebraska, after the county changed its zoning regulations, effectively halting development of a proposed 600-megawatt wind farm. U.S. District Court Judge John Gerrard ruled that North Fork Wind had not proven that Knox County’s new setback requirements and other regulations had interfered with its contracts or violated its constitutional rights to due process and equal protection. However, the judge did allow the company to proceed with a Fifth Amendment claim, arguing that the county’s actions amounted to an unlawful taking of property.

Judge Rejects Majority of Wind Farm Developer’s Lawsuit Against Knox County

The entire news article can be read here.

[\editor’s note]

David D. Begley

I am a solo practitioner in Omaha. I was hired as a special Knox County Attorney to represent the federal court in the lawsuit. Knox County borders South Dakota in the northeast corner of the state. The beautiful Niobrara River runs through it. It borders the lake. (Come to visit!) It is home to 8,000 people. The population of the county in the center is 73.

The chief plaintiff in the federal court lawsuit is North Fork Wind Co., Ltd.; a wholly owned subsidiary of renewable energy. The UK's National Grid has just sold National Grid renewable energy to a Canadian company called Brookfield Asset Management for CAD 1.7 billion. The North Fork Wind is represented by Baird Holm's Omaha Law Firm. Baird Holm employs 100 very good lawyers. My opponent is Brian Barmettler, who is an outstanding advocate.

Most of the time, out of luck, I was hired the day before my plea. The board of directors is not satisfied with the attorney assigned to the case by its insurance company. He is a Democrat and has run for Mayor Lincoln. He drafted an answer, and I think the motion for dismissal is the right thing to do, as having good defensive capabilities can only be claimed by 12(b)(6) motion.

The complaint raises constitutional issues that I have never considered since I was at Creighton Law School in 1980. I remember enough to know where to start and learn as much as possible. I presented and briefly covered all the defenses I thought were applicable.

Knox County Industrial Wind Farm is a flagship project for renewable energy in the State Grid. The estimated cost is $1.3 billion. North Fork Wind intends to build 150 wind turbines with a height of more than 600 feet. North Fork Wind spent — not including attorney fees — $19.3 million to develop the project. Local landowners are expected to pay $5.8 million per year. The political segment of Knox County will earn $2.8 million a year. These are big numbers.

On March 14, 2025, U.S. District Court Senior Judge John M. Gerrard mostly approved my motion. After his ruling, I doubt that the industrial style project will be established. The complete 40-page memo and orders can be found at 4:24-CV-3150 on Pacer.

In footnote 6, the judge wrote: “There is no mechanism by which Nebraska or federal law prevents Knox County from banning commercial wind farms, which can be done as long as there is a possibility or assuming rational reasons.”

I write this article to inform a broader legal statement. I know some states have banned wind farms, but I don't think there are many counties. I think it will be very difficult to pass the wind and solar farm ban in Nebraska, but many counties will do it. My feeling is that the county thinks they don't have this authority. Many counties have issued moratoriums and different regulations, but Nebraska counties do not have a thorough ban.

Judge Gerald is the second person to serve in the Nebraska Supreme Court and the Federal District Court. When he took office in the Nebraska Supreme Court, he wrote many opinions on land use and zoning. I read all. He is indeed an expert in the field. The Knox County case mainly involves the federal constitution and has interesting statements about due process, equal protection, contractual provisions, collection provisions and special legislation. Other lawyers across the country may find this view useful in opposing strong winds and high solar energy.

Another point I want to call readers aware that it is more likely that the federal government will not distribute at least $390 million in taxpayer funds to North Fork Wind, LLC. I, David D. Begley, personally prevented the federal government from spending $390 million, it didn't, and had to borrow money and added $37 trillion in our debt. I'm not Elon Musk, but I'm doing everything I can. You're welcome. Very happy to help.

Over the years, I have learned about the inefficiency of solar and wind and how to increase prices for consumers. People like the fantasy of the power of “freedom”. I don't think most people know much about the economics of green energy. However, Wall Street knows these figures, and Goldman Sachs expects $1.3 trillion in free federal funding for green projects by 2032.

After my mother passed by, I found a letter from her mother-in-law in her drawer. This is cruel. She scolded my mom for not naming her first birth “Michael”. My grandfather was Michael J. Begley, who died of a 63-year-old heart attack while working in the pickle department of a local packaging factory. He is one of the oldest packing room workers in South Omaha.

So, it turns out that 67 years later, my parents came with my name. I finally failed it.

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