On Aug. 1, the Oregon
Supreme Court
ruled in favor
of a coalition of nine
conservation
organizations,
led by the
Friends of the
Columbia Gorge,
invalidating rules
adopted in 2017 by the
Oregon Energy Facility
Siting Council (EFSC).
The decision is expected
halt at least two controversial
wind power projects
— the Perennial Wind Chaser
Station in Umatilla County,
and the Summit Ridge
Wind Farm in Wasco County.
“Our conclusion is that
none of the amendments
applied for since
that 2017 date
can be processed further
since all are filed
under invalid rules,”
said Nathan Baker,
senior staff attorney
for Friends.
“A state agency cannot apply
invalid rules and certainly
cannot approve projects
under said invalid rules.”
The decision is expected
to terminate the amendment
application of Summit Ridge
Wind Farm, owned by
Pattern Energy,
who had applied
for an extension to
their construction dates.
The controversy
surrounding Summit Ridge
involved wildlife
surveys deemed
outdated by Friends,
as well as risks
to the environment
and wildlife habitats.
Whether Pattern will submit
a new application to further
pursue the project
remains unknown.
Baker said:
" ... since they (Pattern)
purchased the project,
they have put in minimal
effort in proceeding with it.
They haven’t updated
wildlife surveys, have barely
participated in hearings
or public meetings
over the last couple of years.
It seems unlikely that they
file a new application
after 10 years since
'the initial application;
if the project were worthwhile
and viable, it would have been built.”
The Summit Ridge project,
originally proposed in 2009,
was to be sited in Wasco County
along the Lower Deschutes
Wild and Scenic River.
The project
was acquired
in 2017 by
Pattern Energy Group,
after being abandoned by
the original developer,
said a Friends of the
Gorge press release.
“The proposed Summit Ridge
wind energy project threatened
bald eagles, golden eagles
and several other important
bird and bat species,”
said Doug Heiken,
conservation and
restoration coordinator
for Oregon Wild,
in the press release.
“Despite these threats,
Pattern Energy refused
to update the outdated
wildlife surveys and data
— many of which
were a decade old —
so that the agencies
and the public would
fully understand
the project’s impacts
to eagles and other wildlife.
Oregon Wild is relieved
to know that this poorly
planned project is
expected to be terminated
as a result of today’s
court ruling.”
Michael Lang,
conservation director
for Friends of the
Columbia Gorge,
said:
“Unfortunately, the Summit Ridge
project was neither well-planned
nor ensured full transparency."
"This massive wind energy project
would have been built
on the canyon rim above the
Lower Deschutes Wild and
Scenic River and in full view
from the Columbia River Gorge
National Scenic Area,
harming the scenic beauty
and sensitive wildlife
that Oregonians have fought
so hard to protect.”