Washington Gov. Jay Inslee and the state agency responsible for authorizing energy projects overstepped state law when they approved a controversial energy project south of Kennewick, allege three new lawsuits.
Benton County, Tri-Cities CARES and the Yakama Nation followed up on their November promises to sue to curtail Scout Clean Energy from developing a massive wind, solar and battery farm along a 24-mile stretch of the Horse Heaven Hills.
Separate suits filed in Thurston County Superior Court ask a judge to allow their claims to go directly before the Washington State Supreme Court.
670-foot turbines?
Scout, based in Boulder, Colo. and owned by a Canadian investment firm, secured approval this fall to install wind turbines as tall as 670 feet, along with solar arrays and battery energy storage, on the prominent ridge-line visible from the Tri-Cities.
The Washington Energy Facility Site Evaluation Council (EFSEC) recommended the governor approve it and he signed the site certificate agreement in October.
Scout signed the site certificate in November, setting off the legal battle by local critics who say the project fails to satisfy legal requirements and would industrialize local vistas.
Scout anticipated the legal challenges.
“We respect the right of all parties to pursue their legal options. We remain confident in the comprehensive review conducted by EFSEC and trust the judicial system to resolve these matters fairly and efficiently. In the meantime, we are committed to advancing the project to begin delivering clean, reliable energy on a timeline that aligns with Washington’s climate goals,” said Dave Kobus, senior project developer, in a statement to the Tri-City Herald.
The agreement signed in November gives Scout latitude to choose the number and size of wind turbines based on a variety of factors.
Generally, Scout proposed installing up to 222 turbines about 500 feet tall or 147 turbines about 670 feet tall. The approved plan includes restrictions that could affect 50 of the shorter turbines or 34 of the taller ones, depending on which configuration Scout pursues.
By comparison, the wind turbines at the Stateline Wind Farm on the Washington-Oregon border near Wallula Gap are less than 200 feet tall.
Local opposition
Benton County has objected to the project on multiple grounds throughout the lengthy review process.
More than 40 people commented on the project when it held a town hall meeting, with 80% of those speaking saying they opposed the initial plan.
In its lawsuit, Benton County claims it is “adversely affected and aggrieved” by the actions taken by the governor and the energy facilities council.
EFSEC engaged in an unlawful decision-making process, the county claimed in court documents. It asks the court to send the project back to the council for more review, including a new Environmental Impact Statement
It said the review should do a better job of considering the full impacts of the project, including its effects on agricultural land.
Among the many twists and turns, the energy council initially tried to cut the number of wind turbines to create buffer zones protecting endangered ferruginous hawks and sensitive cultural areas.
But Inslee disagreed and sent the recommendation back, telling the council to prioritize Washington’s pressing need for clean energy and reduced emissions.
Tri-Cities CARES or TCC is a nonprofit working to combat the industrialization of the local ridge-lines and to draw attention to failures to comply with legal requirements.
It argued the facilities council and the governor wrongly dismissed concerns about the visual and aesthetic impacts to Tri-Citians.
It also said EFSEC and the governor ignored experts who testified that aircraft fighting wildland fires need substantial buffers between wind turbines to maneuver safely.
“The exclusion of this testimony contributed to the failure of EFSEC and the Governor to provide sufficient protection of the community,” it argued.
Excluding expert testimony, the nonprofit said, was arbitrary and capricious under state law. “Approval of the project should be vacated,” it said.
The documents filed by the Confederated Tribes of the Yakama Nation said they will be irrevocably harmed by the project in their traditional territory.
The project, the tribes argued, “will negatively and irreversibly damage Yakama Nation’s inherent Treaty-reserved cultural and natural resources.”
Scout asserts the project will be a boon for the Tri-Cities economy by supporting 1,000 jobs during construction.
It say the project would contribute more than $250 million in local taxes over its 35-year lifespan.
The project would be built with union labor following a 2022 agreement with Tri-Cities labor groups.
