An administrative law judge is due Monday to rule whether hearings on the societal and economic ramifications of installing windmills and solar panels over 113 square miles in southeast Washington will go ahead before the release of a final report on the environmental impacts.

Benton County, the Yakama Nation and Tri-Cities C.A.R.E.S. have moved to delay the hearings, set for August, on the Horse Heaven wind and solar project.

They argue that waiting for an environmental impact statement will make their testimony more informed and lead to a better recommendation by the Energy Facility Site Evaluation Council to Gov. Jay Inslee.

Administrative Law Judge Adam Torem indicated two weeks ago he would rule on the motion by Friday. On Friday, he moved the decision to Monday.

Horse Heaven would be the state’s largest wind and solar project. Up to 244 turbines would stretch for 25 miles on a ridge visible from the Tri-Cities. The windmills also would be seen in Franklin and Walla counties, as well as Oregon.

The hearings will give the county, tribe and C.A.R.E.S. a chance to testify to EFSEC’s voting members about how the project might affect agriculture, wildlife, recreation, property values and other aspects of the economy, landscape and society.

The project developer, Scout Clean Energy of Boulder, Colo., opposes postponing the hearings, arguing the hearings and environmental review are separate and that putting off the hearings will delay the project.

EFSEC released a draft environmental impact statement in December. A release date for the final report has not been set. 

C.A.R.E.S. attorney Richard Aramburu said the project could have been revised since the draft environmental report. The group, for example, plans to testify about visual impacts, but the number of turbines could have changed, he said. 

“It just doesn’t make any sense to not have the final EIS before the hearings,” he said Friday. “This is a principle document that EFSEC and other decision-makers rely on.”

The State Environmental Policy Act requires environmental reviews for major projects that need state approval. No one knows how the project has changed since the preliminary review, according to the county.

Without the final report, the upcoming hearings may be “about a project that is no longer even the relevant proposal,” county lawyers stated in response to Scout Energy’s opposition to the delay.

Other legal skirmishes are preceding the hearings. C.A.R.E.S. has asked Torem to step aside. The group’s complaints include a written warning that evidence and arguments “deemed frivolous” could result in punishment.

The statement could have a “chilling effect” on testimony, according to C.A.R.E.S. “It’s kind of a warning to watch your Ps and Qs,” Aramburu said.

Torem has not responded to the motion.

Scout plans to lease agricultural land. Farmers have said the lease payments will diversify income and support farming operations. County officials say they are concerned about the cumulative loss of farmland to wind and solar projects.