Horse Heaven judge denies motions to wait for environmental report

Published 12:30 pm Tuesday, June 6, 2023

An administrative law judge ruled Monday that opponents of the proposed Horse Heaven wind and solar project in southeast Washington will have to make their case without seeing the final environmental impact statement.

Hearings in August on how the renewable energy development would affect the land, agriculture, economy and society are separate from the environmental review, Administrative Law Judge Adam Torem ruled.

Motions to delay the hearings until the review was done “had absolutely no chance of being granted,” Torem wrote.

Benton County, the Yakama Nation and a citizens group, Tri-Cities C.A.R.E.S., argued the final EIS would inform their testimony about the project’s impacts.

“We’ve been severely limited by this ruling,” C.A.R.E.S. attorney Richard Aramburu said. “The final EIS needs to be available for people to use.”

Scout Clean Energy of Boulder, Colo., proposes to place solar panels and up to 244 windmills on 113 square miles near the Tri-Cities. Brookfield Renewable, a Canadian company, owns Scout.

The Energy Facility Site Evaluation Council is reviewing the application and will make a recommendation to Gov. Jay Inslee.

The county, tribe and C.A.R.E.S. intervened to testify at the formal hearings set to begin Aug. 10. They will have to submit written testimony in advance of the hearings by June 12.

In his ruling, Torem wrote that energy companies benefited by EFSEC’s “ability to streamline the environmental review and permitting processes.”

Waiting for the final EIS before the formal hearings was impractical, according to Torem.

EFSEC released a preliminary environmental report in December. The final report will respond to public comments and is required under the State Environmental Policy Act. No date has been set for its release.

Aramburu said he was surprised the report wasn’t already out. “No one is asking for a long delay for the report to be available,” he said.

Energy companies can apply to EFSEC as an alternative to seeking permits from counties. Most EFSEC voting members were appointed by Inslee or represent officials appointed by Inslee.

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