Court Order Blocks Battery Storage System Construction in Central Texas
- LoriDawn Messuri
- Jan 16
- 2 min read
By Paige Feild | January 15, 2026
Gillespie County has temporarily blocked the construction of a battery energy storage system. The agreed temporary injunction is similar to one filed in Van Zandt County. The facility was to be located less than 2,000 feet from a school and less than 100 feet from the Pedernales River, raising safety and environmental concerns about fire hazards and fire extinguishing methods.
Judge Albert Patillo of the 216th District Court ordered Rogers Draw, the battery energy storage system for Peregrine Energy Solutions, to halt all construction activities for the project at the property located in Harper until a final judgment is reached for the lawsuit.
Battery Energy Storage Systems (BESS) hold excess power generation that cannot go to the grid. The proliferating storage systems face criticism for being dangerous, prompting action by Gillespie County.
Gillespie County commissioners passed a resolution opposing the BESS project in February of last year, citing various dangers posed by the battery system. Due to the unique nature of BESS fires, the resolution explains, it makes “them extremely difficult to extinguish and can cause explosions, toxic gas release, physical damage, and loss of life, posing significant risks to property, the environment, and human safety.”
After passage of the resolution and pressure from concerned citizens, Gillespie County filed a motion to intervene in the lawsuit in November against the project plan on behalf of county residents. Peregrine argues there was an implied agreement with the county that no permits or regulations were required.
Citizen activists question whether energy companies are having their construction and system designs vetted by industry professionals to meet the state-adopted National Fire Protection Association’s BESS codes (NFPA 1 and NFPA 855).
The lawsuit is still in the briefing stages, and the next hearing date has not been set.
Comments