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A backcountry community group has filed a lawsuit to block the construction of a proposed solar and battery storage project that would industrialize about 588 acres in unincorporated East County, arguing the development’s environmental review was flawed.
An association of residents of the community of Boulevard and the surrounding Mountain Empire region — dubbed the Back Country Community Alliance for Responsible Development — are objecting to the San Diego County Board of Supervisors’ recent approval of the Starlight Solar Project.
First proposed by the developer in 2022, the project includes a solar farm capable of generating up to 100 megawatts and a 217-megawatt battery energy storage system, constructed in two phases.
The community group last week filed a petition in San Diego Superior Court, arguing the project violated the California Environmental Quality Act (CEQA) and failed to disclose or mitigate the risks of toxic plume exposure from a battery thermal runaway event.
Residents of the unincorporated town have opposed the development, citing concerns that clean energy projects continue to put their safety at risk.
The development was proposed by Empire II LLC. A representative for the developer did not respond to a request for comment.
A spokesperson for the Board of Supervisors, which unanimously approved the project in September, said “we are unable to comment on litigation.”
At the time of the project’s approval, county officials cited concerns that state energy regulators could green-light the project if the county denied the proposal, noting state approval likely wouldn’t include benefits for the community.
In the lawsuit, the group said they do not oppose renewable energy projects, noting the backcountry region already hosts multiple wind, transmission and solar projects, but said the proposal failed to properly analyze risks from a potential lithium-battery fire — which are notorious for burning for long periods of time.
Further, their petition argues that county leaders’ approval of the renewable energy development relied on a late plume study that contradicted the environmental review process.
The county’s recommendations did not require the developer to relocate the project’s phase-two battery storage facility from its original northern location. Residents of Boulevard have pushed to move the battery storage farther south, primarily due to fire safety and evacuation concerns.
In a letter to the Board of Supervisors, county staff said “the originally proposed location of the Phase II batteries has seven residences within 2,230 feet” while the alternative Phase II location “will have approximately two residences within 2,230 feet,” the group’s petition noted.
Starlight Solar was approved with some concessions for Boulevard residents, including groundwater monitoring, community benefits and additional fire safeguards. But the backcountry group urged officials to pause the project’s approval, noting the county is actively drafting its own regulations for battery storage facilities.
“The reality is, no one knows the details because this is new technology and this is an extreme risk,” said Thomas Wall, a 10-year resident of Boulevard.
Boulevard has experienced three wildfires in the last 130 days, which opponents said only underscores the need for further evaluation before one of the state’s largest battery storage energy systems is added to the desert town’s landscape.
County documents showed conflicting figures on battery-fire toxic-plume distances, with one claiming a maximum of 366 feet with no homes at risk, while another cited up to 2,230 feet with seven homes at risk, and that contradiction should have been resolved before the project was approved, the petitioners argued.
Many backcountry groups have sued to halt construction of clean energy projects in unincorporated East County in recent years.
In 2024, a pair of ranchers filed a petition to halt the construction of 60 wind turbines on the Campo Indian Reservation. In 2021, a group of Jacumba residents brought an unsuccessful lawsuit against the county and developer to block a proposed 600-acre solar and battery project.
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