The unanimous decision by the state's highest court that upheld the governor's approval of the Kittitas Valley Wind Power Project has stirred both disappointment and jubilation, depending on how one views the role of state and local government.

Those opposed to the site of the 65-turbine wind farm 12 miles north of Ellensburg say the decision bodes ill for local governments. They fear state agencies will continue to force their will on the local decision-making process in locating wind farms.

Those supporting the estimated $200 million project, that's been sought for six years by Horizon Wind Energy, say everything was done lawfully to establish the much-needed project, and that the state rightfully pre-empted, or overruled, Kittitas County's 2006 rejection of the project.
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James Carmody, the Yakima attorney representing Residents Opposed to Kittitas Turbines, or ROKT, argued before the state Supreme Court on June 25 that the state Energy Facility Site Evaluation Council, or EFSEC, shouldn't have the authority to overrule the county's decision.

Carmody said ROKT wasn't fighting against wind farms in the appeal to the state's highest court, but it was defending local government's role to determine if the best site and safeguards were chosen.

Kittitas County, he said, has approved two other wind farms at other, more compatible locations in the county.

"They (the Supreme Court justices) gutted Kittitas County's role in making their own decisions," Carmody said this morning. "You can see the train coming down the tracks for more projects coming in the future."

He added he is concerned the court's decision was driven by current fears over an energy crisis. He said the court gave a "blind eye" to flawed state-level decision making.

Did it right?

Gov. Chris Gregoire, who approved the project in September 2007, said Thursday she's pleased the state court ruled that she and EFSEC followed the law in giving the wind farm the OK.

The county, later in 2007, appealed the decision to the state Supreme Court arguing the state doesn't have the authority to overrule a lawful land-use decision by elected officials based on local ordinances.

"The project went through an extensive review," Gregoire said in a statement, "and only after I gave it careful consideration did I choose to exercise state authority to site the project.

"It is clear Washington's need for energy resources is continuing to grow, and we must meet that demand for abundant and affordable energy resources with the least impact on our state's natural resources."

Linda Schantz, Kittitas Valley resident who heads ROKT, said the nearly 350 supporters of the citizens advocacy group are "very disappointed and surprised" with the court's ruling and will discuss it with Carmody.

"How I read it is pretty much they can put wind farms wherever they want to now in the state of Washington and the Northwest because they'll use this as a precedent for the future," Schantz said.

Jim Luce, chairman of EFSEC, said he was "gratified" with the court's ruling because it shows it has confidence in EFSEC process.

Horizon Wind Energy called on EFSEC to overrule the county's rejection of the project in early 2007. The county voted it down after Horizon officials halted further negotiations on setback distances between home sites and turbine towers.

County officials, when contacted Thursday, said comments released by Commissioner Mark McClain would be the only response from county government at this time.

McClain said EFSEC ran "roughshod" over the local community and shows why there's a need for changes in the EFSEC rules. The county's approval of two other wind farms shows local government is capable of making appropriate decisions.

State Rep. Bill Hinkle of Cle Elum said he doesn't know if the Legislature will look into the EFSEC process, "but we are open to hearing what the commissioners might suggest."

Hinkle said he was a supporter of alternative energy projects but locating them is a big challenge.

He said EFSEC was created to streamline the process to establish new energy generation projects and build new transmission lines.

"If we left it up to local government we couldn't site a transmission line ever again," Hinkle said.

Project pending

David Steeb, project manager for the Desert Claim wind farm proposal now pending before EFSEC, said the Thursday ruling "removes any question about the strong role that wind power will play in Washington state's energy future.

Desert Claim is proposed by the international wind power development firm of EnXco.

EFSEC officials said the 90-turbine Desert Claim project, planned for eight miles north of Ellensburg, has been on hold since June 2007 when EFSEC asked EnXco for additional environmental information on the project.

"The Supreme Court found that Horizon did show good faith in negotiating with Kittitas County - just as we did - and, hopefully, the county will be more open to discussion in the future," Steeb said.

The county initially rejected the Desert Claim project. EnXco later applied to EFSEC for overall approval with a modified project.

"This decision opens the way for wind farms to contribute millions of more dollars in tax revenues and economic benefits to Kittitas County, beyond what it has already received from existing projects," Steeb said.

Moving ahead

Arlo Corwin, Horizon's director of development in the northwest, said the firm plans to move ahead with the wind farm that will be perched on ridge tops on both sides of U.S. Highway 97.

Financing for the project has been secured, he said, and efforts are under way to find buyers for the wind farm's electrical output, set at a maximum 100 megawatts.

"We want to prove our commitment to the community and the environment with this project," Corwin said.

The company hasn't yet established a timeline for final approval from EFSEC and start of construction. He said much more specific work and turbine siting plans must be first OK'd by EFSEC.

"We want to work closely and cooperatively with the county and its residents," Corwin said. "We are thankful for the patience of our landowners and for the support that's been received over the years."