Washington Supreme Court Upholds Wind Energy Project
The Washington Supreme Court, in an en banc decision, upheld the Governor's approval to site a wind turbine energy facility. The Kittitas Valley Wind Power Project is a proposed project originally consisting of 121 wind turbines located along Highway 97. The turbines will be located along mountain tops on property owned by the State and by individuals. According to the record in the case, the Kittitas Board of County Commissioners determined that the project was inconsistent with local zoning codes. The project promoters then appealed the decision to the State siting council and sought preemption of the local code. The Siting Council voted to preempt the local zoning code and issued a site certification to the Project.
The local residents and the County appealed the decision to the Superior Court which was then transferred to the Supreme Court. The Supreme Court held that the Siting Council had the authority to overrule the Kittitas County decision to reject the project and that there was substantial evidence” behind the agency's decision to preempt the county's land use and zoning laws. The Supreme Court also confirmed that the Energy Facility Site Locations Act covers the siting of wind energy facilities and that EFSEC's preemption authority under the law does not violate the state Growth Management Act.
This Decision is consistent with many similar decisions in other states that have upheld the ability of State Siting Councils to preempt local zoning and local opposition to utility infrastructure. What is remarkable about this case is the time that it took for resolution. The Project proponent filed its first application with the County Commissioners in January 2003, almost 6 years ago. While this may be a victory for the wind developer, the cost of the litigation and the time that the process took demonstrates that developers must be mindful of the NIMBY factor as not just a possible nuisance but a real cost and delay. While the local residents lost, another Project Proponent will think twice before stepping into Kittitas County.
