TCC Strategy for Protecting Tri-Cities and the Horse Heaven Hills
We are in the fight and have to survive in the adjudication to the end. We are the only public organization intervenor. There are no options but to follow the EFSEC adjudication and SEPA regulations. In fact, as far as we can tell, there is no other viable legal options for anyone except to help TCC, Benton County, or the Yakama Nation. No one else will be deemed to have standing.
Through the adjudication we are trying to persuade Judge Torem to include restrictions that eliminate turbines away from the ridgelines to protect wildlife, cultural resources, visual impacts, real estate property values, and fire protection needs.
Judge Torem creates a report containing recommendations to EFSEC, which in turn may be incorporated into the Final EIS and into the EFSEC recommendation to the Governor.
There is no public comment period required for the FEIS under the Washington Administrative Code.
If the Governor signs off on the project, we have 30 days to file a lawsuit in Thurston County Superior Court, and once it is certified, it goes right to the Washington Supreme Court.
We are following the only viable path forward – using the Whistling Ridge case in the Columbia Gorge as the guide. In that case, the judge deleted turbines to protect the view from homes and the project was sent to the Gov. As a result, the turbines elimination brought the project below the viable minimum, and it was never built.
We hired the same attorney, Rick Aramburu, and the same visual expert, Dean Apostol, and we also are receiving the cooperation of the Benton PUD General Manager Rick Dunn, a national siting expert Rich Simon, and now we have added three nationally known property appraisal experts, Jim Sanders (Arizona), Richard Hagar (Seattle), and Kurt Kielisch (Forensic Appraisals, Wisconsin), have testimony coming in from the Mayors of Kennewick and Benton City, the Benton Fire Chief, and over 25 residents and business owners.
Summary and Status of the Adjudication
The Horse Heaven Hills Adjudication is a legal battle with the Applicant Scout over the Project Application with Administrative Law Judge Adam Torem overseeing the proceeding for EFSEC. Here’s a summary:
Over Scout’s objections, Tri-Cities Cares was approved as an Intervenor on March 9, 2023. Pre-Hearing Conferences were 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.
The formal Adjudication hearings took place August 14 to 23, 2023.
Requests to extend the schedule pending the Issuance of the Final EIS were denied by Judge Torem.
As of October 13, 2023, EFSEC had not released the date of the publication of the FEIS.
Closing Briefs were submitted on October 13, 2023.
A more detailed description of the Adjudication is available here:
HHH Adjudication — Tri-Cities C.A.R.E.S. (tricitiescares.org)
The full chronology and the legal documents are available at the EFSEC website here:
https://www.efsec.wa.gov/energy-facilities/horse-heaven-wind-project/horse-heaven-adjudication
Achievements in the Community and with Legislators
The Tri-City Herald has published numerous articles the Horse Heaven Hills Wind Project and about Tri-City CARES efforts to stop the project starting in December 2022. Numerous opinion editorials by the Herald Board have been published month after month supporting the aircraft detection lighting bill and the efforts of Tri-Cities CARES. News articles can be read in the Milestones Section of the Tri-Cities CARES website.
In answer to Judge Torem’s prehearing order that Tri-Cities CARES provide evidence that shows it represents the community, letters were solicited and TCC received letters from the following entities (links open up the pdf files):
• Richland City Council Resolution No. 2023-76
• Tri-City Regional Chamber of Commerce
• Lower Columbia Basin Audubon Society Letter
• Tri-City Board of Realtors Letter
These letters along with articles that had been published in the Tri-Cities Herald were submitted as direct testimony in the adjudication on June 5, 2023.
The board’s June 2 meeting with SE Washington Legislators resulted in a June 9 letter to EFSEC expressing concerns about the project which was published in the Herald on June 12, 2023.
Aerial Firefighting Protection Update
*** TCC is working with Representative Stephanie Barnard and announced an effort to propose aerial firefighting legislation in a presentation to the Allied Aerial Firefighting Annual Meeting on Wednesday December 13, 2023.