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Residents Opposed to Kittias Turbines v. State Energy Facility Site Evaluation Council

ELR Citation: 38 ELR 20290
Nos. No. 81332-9, (Wash., 11/20/2008)

The Supreme Court of Washington upheld the governor's approval of a wind energy project that had been rejected by the county in which the wind turbines will be placed. The Washington Energy Facilities Site Locations Act authorizes the state to permit the construction and operation of wind turbines for energy production without authorization from the county in which the turbines will be placed, and it confers jurisdiction on the council charged with administering the law to preempt county land use and zoning laws regarding the siting of wind energy facilities. The Washington Growth Management Act does not supersede or repeal these preemption powers. In addition, the council adequately considered environmental impacts caused by the project under the Washington Environmental Protection Act.