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Yakama Nation Sues Inslee Over Horse Heaven Wind and Solar Project by Don Jenkins Capital Press, December 3, 2024

Plans are to place 222 windmills and more than 5,000 acres of solar panels
on farmland near the Tri-Cities in southeast Washington.

The Yakama Nation has sued Washington Gov. Jay Inslee over his approval of the Horse Heaven wind and solar project, claiming the governor put green energy over environmental justice.

The tribe filed the suit Tuesday in Thurston County Superior Court. Benton County and a citizens group, Tri-City CARES, also have sued to stop what would be Washington's largest renewable energy installation.

The suits claim Inslee and the Energy Facility Site Evaluation Council elevated the state's climate-driven energy goals over other interests such as wildlife, visual impacts, loss of farmland and damage to tribal culture.

Tribes will work with the state on energy development, but Inslee and EFSEC must "open their eyes and hearts to more than just the energy developers' interests," Yakama Nation Tribal Council Chairman Gerald Lewis said in a statement.

"Renewable energy development is an important solution to our energy crisis, but it cannot be developed at the expense of our land, our water, our wildlife and our sacred places," he said.

Scout Clean Energy of Boulder, Colo., signed an agreement with the state last month to place up to 222 windmills and more than 5,000 acres of solar panels on farmland near the Tri-Cities in southeast Washington.

The lawsuits allege Inslee and EFSEC violated a state law that recognizes the pressing need for more renewable energy, but also requires EFSEC to minimize harm to the environment and to promote environmental justice.

The governor's office and EFSEC had no comments. Horse Heaven said in a statement it had anticipated the court challenges.

"We remain confident in the comprehensive review conducted by EFSEC and trust the judicial system to resolve these matters fairly and efficiently," Horse Heaven senior project developer Dave Kobus said.

EFSEC originally recommended 2-mile buffers around nests historically occupied by ferruginous hawks. The buffers also would have reduced impacts on views and tribal culture, but would have cut the project's potential power output by about half.

Inslee said the project was too vital to downsize and ordered EFSEC to develop a less-restrictive recommendation, which the governor signed.

Tri-City CARES complains Inslee's claim that the project is vital was not examined by EFSEC. An administrative law judge barred testimony at formal hearings questioning whether the project will make the grid more reliable.

The first recommendation would have decreased the project's damage to tribal culture, according to the Yakama Nation's lawsuit. The second recommendation does almost nothing to avoid the harm, the suit alleges.

Benton County opposed placing windmills and solar panels on farmland. EFSEC didn't address the longterm impacts of wind and solar projects taking over agricultural land, according to the county's lawsuit.

The lawsuits also complain EFSEC punted some of its responsibilities to a committee that will monitor construction and recommend whether windmills and panels should be moved farther from hawks nests or habitat.

EFSEC's voting members are mostly drawn from state agencies. Department of Natural Resources and Department of Fish and Wildlife representatives opposed the second recommendation, arguing it did too little to protect tribal culture and wildlife.

Related Pages:
Inslee OKs Horse Heaven Power Project, Admonishes EFSEC by Don Jenkins, Capital Press, 11/4/24
Gov. Inslee Approves Huge Horse Heaven Wind Farm Stretching 24 Miles South of Tri-Cities by Annette Cary, The News Tribune, 11/1/24
Farming Concerns Arise at Horse Heaven Wind and Solar Project Hearings by Don Jenkins, Capital Press, 8/15/23
Public Power Officials: Horse Heaven Won't Make Grid More Reliable by Don Jenkins, Capital Press, 6/5/23
Report: Horse Heaven Energy Project Impact on Farming 'Low' by Don Jenkins, Capital Press, 12/20/22