Court lifts wind turbine litigation: Wind turbine litigation halting development in Whitman County dismissed

A ruling issued by Whitman County Superior Court on Thursday could signify the beginning of a new form of energy in southeast Washington -- wind.

Two appeals from Whitman County residents effectively stopped wind development in the county after commissioners created a commercial wind turbine ordinance in November.

Carolyn Kiesz of Thornton and Roger Whitten of Oakesdale filed appeals in August, which refuted the findings of nonsignificance the county issued in regard to wind turbine construction.

The litigation likely deterred wind companies from submitting plans to the county for wind turbine construction.

On March 4, Whitman County Prosecutor Denis Tracy moved to dismiss the litigation before it could even start the appeal process. Frazier ruled Thursday in favor of Tracy's motion.

"Well it's government -- you know I'm familiar with government," Whitten said. "They have a choice to support the corporations (or) individuals, and the government often supports the big money."

Whitten said he was not surprised by the court's ruling and that there were other avenues he could take at a later date to voice his concerns about the harms caused by windmills.

While Whitten's appeal cited low-frequency noise pollution as grounds to reverse the determination of nonsignificance, Frazier ruled Whitten's research was conjectural.

In order to have legal standing to appeal the finding of nonsignificance, Whitten's litigation needed to prove specific injury he would suffer from the county's wind turbine ordinance.

"He makes general allegations of potential harm, such as the loss of his home, the loss of the value of his home and the loss of his health, yet there is no specific proposal before the county at this time to construct a commercial wind facility anywhere in the county, let alone in proximity to Whitten's residency," Frazier wrote in the memorandum decision.

Though his appeal was dismissed, Whitten said he was glad his concerns were on record. If residents sued for health problems caused a wind turbine's low-frequency noise pollution at a later date, they could prove the county was already aware of the health risk, he said.

Whitten said when wind companies submit plans to the county to create wind farms, they will be required to meet with the board of adjustment for a conditional use permit. At that point, citizens like Whitten will be able to vocalize their concerns.

Kiesz's litigation primarily focused on potential harm the windmills would wreak on the aesthetic appeal of rural Whitman County and on the bird and bat populations. Frazier approved Tracy's motion to dismiss Kiesz's appeal on the same grounds Whitten's litigation was dismissed.

Frazier said Kiesz did not prove the ordinance or the finding of nonsignificance would directly affect her.

"...the county contends that Kiesz has not alleged and is unable to establish an 'injury of fact,'" Frazier wrote.

Kiesz declined to comment on Frazier's ruling because she had not received the documents.

County Planner Alan Thomson said he has "not heard a peep" from wind companies since the county created a wind turbine ordinance. Now the litigation has been stricken, however, companies may be more comfortable to come forward with plans to build.