Horse Heaven Hill Project Adjudication Summary
The Horse Heaven Adjudication – the legal battle with the Applicant Scout over the Project Application with Administrative Law Judge Adam Torem overseeing the proceeding for EFSEC.
Over Scout’s objections, Tri-Cities Cares was approved as an Intervenor on March 9, 2023. Pre-Hearing Conferences have been held on March 10, March 20, and May 2, 2023.
Numerous submissions, motions and objections have been submitted by attorneys for Benton County, the Yakama Nation, Tri-Cities CARES, and the Applicant Scout.
Testimony was submitted on June 12 and responses on July 5 with Rebuttal testimony submitted on July 14.
A Request by Tri-Cities CARES to have the Judge recused for a number of reasons was denied.
Through the discovery process Tri-Cities CARES had to file motions, and Judge Torem ordered Scout produce key documents and the cooperate and allow the deposition of Scout Project Manager Dave Kobus. Scout’s attorney objected and continued to resist discovery by TCC and the Yakama Nation and filed a Motion to Strike all of Tri-Cities CARES expert witnesses.
On July 7 Tri-Cities Cares filed a motion to dismiss the Application for failing to identify an adequate water supply, which is a requirement of the Washington Administrative Code. The motion was denied.
The deposition of Scout’s Project Manager Dave Kobus was held in Tri-Cities on July 21, 2023.
The formal Adjudication hearings took place between August 14 to 23, 2023.
Judge Torem allowed Supplemental testimony to be submitted on September 5, 2023 and quickly announced that nearly the supplemental TCC testimony would be stricken, including expert testimony from a visual expert on visual impacts and alternatives, an environmental protection specialist on fugitive dust air impacts, and two aerial firefighting experts on the impacts of the turbines.
EFSEC approved a request to extend the date for the review of the Application for Site Certification to January 31, 2024.
Requests to extend the schedule pending the Issuance of the Final EIS were denied by Judge Torem.
As of October 13, 2023, EFSEC has not released the date of the publication of the FEIS.
Closing Briefs were submitted on October 13, 2023. You can download and read them here.
The full chronology and documents are available on the EFSEC website here
You cna also read the comments on the adjudication submitted to EFSEC by the Audubon Society here.