MILESTONES

June 2023

  • On June 12, 2023, Tri-Cities Cares submitted their testimony as an Intervenor in the adjudication. Benton County and the Yakima Nation also filed testimony.

  • On June 8, six of the SE Washington Legislators signed and sent a letter to EFSEC expressing their concerns about the Horse heaven Hills project, the adjudication and the SEPA process. The letter was also published in the Tri-City Herald on June 13 as a Guest Opinion.

  • One June 5, 2023, Judge Adam Torem issued an Order Denying the Motions from Tri-Cities CARES, Benton County, and the Yakama Nation to postpone the adjudication proceedings until EFSEC publishes a final EIS. He did not respond to the Motion to Recuse submitted by TCC.

May 2023

  • On May 31, 2023, the Yakama Nation filed a Motion for Continuance for the Adjudication of the Horse Heaven Hills Project until EFSEC issues its final environmental impact statement for the project.

  • On May 30, 2023, Benton County filed a Reply in Support of the Motions to Stay the Proceedings Pending the Issuance of the FEIS. Benton County, Tri-Cities CARES, and the Yakama Nation each filed individual Objections to the Second Pre-Hearing Conference Order.

  • On Thursday May 25, 2023, Tri-Cities CARES filed a Motion to Recuse the Presiding Administrative Law Judge Adam Torem for further participation in the Horse Heaven Hills Adjudication, based upon documented bias, prejudice, and prejudgment.

  • May 22, 2023 Capital Press article reviews the multiple objections filed by Tri-Cities CARES, the Yakama Nation and Benton County to delay the adjudication proceedings until after a Final EIS has been published, can be reviewed, and incorporated into testimony. The Motions can be viewed at the EFSEC website here.

  • On Friday May 19, 2023, Administrative Law Judge Adam Torem issued a Letter to the Parties concerning the Adjudication Motion Practice and Response Times. The accelerated schedule indicates that the adjudication hearings will occur in August.

  • At the same time, Judge Torem also released the Horse Heaven Pre-Hearing Order Number 2, describing the topics that can and cannot be raised in the adjudication. The following issues will not be taken up unless special proofs of relevance under the RCW and WAC are presented.

    • Preemption of local land use plans or ordinances

    • Compliance with the Growth Management Act

    • Compliance with the State Environmental Policy Act

    • Greenhouse gas emissions reductions analysis

  • On Thursday May 18, 2023, Tri-Cities Cares, Benton County and the Yakima Nation simultaneously filed Motions to Stay the Proceedings in the Horse Heaven Hills Adjudication. Each party asked that the dates for testimony, direct and cross-examination, and the adjudication hearings be delayed until EFSEC complies with SEPA requirements and publishes a Final EIS. EFSEC has not indicated when a Final EIS will be published.

  • Tri-City Herald Editorial Board Opinion recognizes Tri-City CARES efforts and role in the adjudication. On May 17, 2023, the Herald published a plea for support and donations. May 17, 2023

  • Horse Heaven Hills Adjudication testimony deadline set for June 12, 2023. The Administrative Law Judge has developed an accelerated schedule for the adjudication in spite of objections from the Intervenors. EFSEC is working on the Final EIS but has not yet stated when it will be released. The ALJ is nonetheless indicating that the adjudication hearings will take place in August.

  • On May 9, 2023, Governor Jay Inslee signed SHB 1173 into law. Wind turbine farms in Washington state will be required to turn their blinking red lights off at night when no low-flying aircraft are nearby. No matter what gets built in the Horse Heaven Hills, the wind turbines will be equipped by an FAA-approved aircraft detection lighting system. Read the May 10 article in the Tri-City Herald.

April 2023

  • On April 8, 2023, the Washington State Senate passed SHB 1173 on a vote of 84 to 1. The bill, sponsored by Rep April Connors, received overwhelming bipartisan support in spite of protests from the wind power industry. It now goes to the Governor for signature. Upon signature aircraft detection lighting systems approved by the Federal Aviation Administration will be required on wind turbine projects statewide whether new or retrofitted to extend their life. The bill also gives counties authorization to pass their own wind energy ordinances.

March 2023

  • On March 28, 2023, EFSEC Chair Kathleen Drew signed a letter denying requests by Benton County, the Yakama nation, and Tri-Cities CARES to hold the adjudication hearings live in the Tri-Cities. The EFSEC letter indicates that all the adjudication hearings would be virtual.

  • On Friday March 24, 2023, a third preliminary hearing conference was cancelled after Scout requested a third extension on their application through September 30, 2023.

  • The second preliminary hearing conference in the Adjudication was held on March 20, 2023.

  • A hearing was held in the Senate for March 17, 2023. TCC testified in person in support of the Bill. Scout’s lobbyist testified against it. The hearings resulted in modifications to the proposed bill.

  • HB 1173 was passed out of the Washington State Legislature from the House on a 94 to 1 vote. The bill now goes to the Senate.

  • TC CARES was granted full intervenor status in the first Adjudication Preliminary Hearing Conference on March 10, 2023.

  • Strategy development: Follow up on actions to adjudication including legal research, preparing for discovery, motions, and pleadings.

  • TCC is working to identify and engage with expert witnesses.

  • Coordinate with the other parties in the adjudication (Washington Fish & Wildlife, Yakama Nation, Benton County).

  • Project tours and briefings have been given to key people, organizations and guests upon request.

  • TC CARES gave live testimony on the Light Pollution Mitigation SHB 1173 in the Senate Environment, Energy & Technology Committee on March 17, 2023.

  • Share updates and information with the community regularly.

 February 2023

• Submitted TC CARES 115-page comment package to EFSEC on Feb 1, 2023. (PDF file download)

• Submitted list of Contestable Issues to EFSEC on Feb 3, 2023. (PDF file download)

• Submitted a Petition for Intervention in the Adjudication on February 4, 2023, through our attorney.

• Celebrated 2,430 written comments submitted to EFSEC regarding the DEIS. Oral comments from the public hearing are still being transcribed.

• Prepared for the Adjudication Hearing with our attorney.

• Increased fundraising efforts to cover rising legal fees and associated costs.

• Added updates to the TC CARES website.

• Shared updates and information with the community regularly.

January 2023

• Coordinated efforts to find and engage the services of an attorney.

• ADLS proposal became House Bill 1173 on January 6, 2023.

• Gave live testimony to the House Environment and Energy Committee on January 16, 2023 regarding HB 1173.

• Coordinated efforts to develop comments on the DEIS with citizens, groups and community leaders.

• Coordinated a successful write-in campaign to force a public hearing to comment on the DEIS.

December 2022

  • Surprise - Updated Application released on the EFSEC website with no public notice on December 1, 2022.

  • Met with Representatives April Connors and Matt Klicker and proposed new legislation to require Aviation Detection Lighting System (ADLS) to mitigate red flashing lights statewide.

  • 2000 plus page Draft EIS released on 12/19/22.

  • Prepared and coordinated development of comments from numerous people on the DEIS.

  • Continued meeting multiple times with local officials and community leaders, and conservation organizations to discuss the DEIS.

  • Gave informative presentations to local groups on the project and how to comment effectively on the DEIS using IRAC.

  • Shared updates and information with the community regularly.

August to November 2022

• Prepared for release of the DEIS by EFSEC.

• Conducted road tours of the HHH Project with local officials and local media.

• Met periodically with Benton County officials, city council members, and community leaders to share information about the scope & impacts of the project.

• Gave informative presentations to local groups.

• Shared updates and information with the community regularly.