Turbine protestors question commissioners

COLFAX - The Whitman County Commissioners chambers filled with Harvest Hills Wind Turbine Project protestors on Monday, Oct. 21 with questions concerning the proposed wind farm project near Kamiak Butte.

One of the biggest concerns raised by protestors was the county hiring law firm Van Ness Feldman LLP.

When asked about the services that Van Ness Feldman provides Commissioner Art Swannack said his only comment is that it is the prosecutors choice to select based on what is going on.

"He is the legal advisor for the county, so you would have to talk to the prosecutor as to his justification," Swannack said.

According to Whitman County Prosecutor Denis Tracy he hired the law firm when he learned the company Harvest Hills was preparing to submit an application for a wind farm.

"I decided the county would need some extra legal help regarding the wind farm application, because I don't have the expertise to advise the county about all the legal matters connected with that sort of development," said Tracy.

The commissioners were asked if Van Ness Feldman LLP would be answering to the prosecutor or to the Whitman County Planning Director, to which Swannack responded they would respond to the prosecutor, who is the one that authorizes.

Tracy said they hired an attorney for the services who had expertise in large scale wind developments for the last wind farm development fifteen or ten years ago.

"That's a specialized area of the law and we used an outside attorney as a special deputy in advising the county in regards to that wind project," said Tracy, noting the developer was required to reimburse the county for that cost.

"The fundamental approach that I take, and I believe others at the county government take," said Tracy, "is whether or not to have a wind farm development as a general policy question, not a legal question. They strive to find a way to have the legal work done in a way that does not cost the county anything extra."

According to Tracy there has not yet been a need for Van Ness Feldman to do very much for the county.

"They have provided some legal service to the county so far, not a lot," said Tracy, noting this is because they are early in the process so the developer has not yet submitted an application.

Tracy said people in opposition are concerned that the law firm might be in legal trouble with the developer.

"My answer to that is very strongly, no, they are not in the pocket of the developer," Tracy said. "They are a highly respected law firm which has worked for other counties already and have provided excellent legal service."

Teresa Bannister spoke during the public comment imploring the county to help join the group to fight against the Wind Company.

"In the meantime, you guys can fight with us and help us," said Bannister. "Just like in the Tri-Cities, they hired a law firm not to help with their wind project, but to fight them."

Swannack stated that he would be surprised after talking to the legislators if any of the laws surrounding renewable energy changed.

Bannister addressed Commissioner Michael Largent stating he makes a joke of the situation.

"Do you not care about this place you grew up in and all the people that don't want this project," Bannister asked Largent, stating it was a direct question.

"I am aware of the limitations I'm under and I do care about this community," said Largent, noting he did not like her approach.

"I don't like incivility, and hence, the reservations I have with joining with the group with some very good people, who I respect greatly, are doing what I would like to do in this case," he said, adding he does not feel comfortable joining a group where misinformation is disseminated on a regular basis.

"The incivility and the accusations, it's just not me," said Largent.

The Whitman County Planner Alan Thomson and Harvest Hills Project Director Shane Roche were present through Zoom but made no comments.