February 21, 2026

Missing Public Comments Discovered in State’s Certified Record

Driving the news:

Tri-Cities C.A.R.E.S. and our attorney uncovered a major omission in the state’s certified administrative record: roughly 400 public comments — nearly 950 pages, overwhelmingly opposed to the Horse Heaven Hills Wind & Solar Project — were never transmitted to the courts.

Why it matters:

Had this gone undetected, the Washington Supreme Court would have never seen the full breadth of regional opposition, including statements from government bodies, economic organizations, nonprofits, and technical experts. These comments go directly to the substantive impacts of the project and the procedural defects that undermined EFSEC’s adjudication.

When developing their case for the Washington Supreme Court, all parties (TCC included) can cite ONLY items included in the administrative record to build and support their arguments. The inclusion of these missing comments is vital to TCC’s case.

Catch up quick:

1. The Attorney General’s Office certified the record as “complete” when sending it to Thurston County Superior Court — and later to the Washington Supreme Court in April 2025.

2. Between Jan. 19 and Feb. 3, 2026, TCC identified that hundreds of comments were missing.

3. After we raised the issue, Assistant Attorney General Jon Thompson issued a Feb. 2 letter acknowledging the omission and blaming a “coding error.”

4. The missing comments included major submissions from:

   1. SE Washington legislators

   2. Tri-Cities Association of Realtors

   3. Tri-Cities Regional Chamber of Commerce

   4. Lewis & Clark Trail Heritage Foundation

   5. Badger Mountain Irrigation District

   6. Audubon Society members

   7. Port of Pasco

   8. Expert witnesses for Tri-Cities C.A.R.E.S.

State’s position:

Thompson’s letter downplays the omission, stating the records “did not appear to EFSEC staff to be directed to the subject on which comments were being addressed” and were “not directly relevant” to the assignments of error.

The reality:

These comments are directly tied to multiple legal issues raised by Tri-Cities C.A.R.E.S., Benton County, and the Yakama Nation.

The state’s own filing admits EFSEC provided these records for inclusion — they were simply never transmitted to the WA Supreme Court by the AG’s office.

What’s next:

• The AG’s office has now forwarded the missing documents to the Supreme Court.

• To ensure they can be used at trial, TCC was forced to file a motion to include them — an unnecessary cost caused by the state’s error. The Court approved the motion on Feb. 11, 2026.

• TCC’s brief to the Washington Supreme Court was submitted Friday, February 20, 2026.