Court snuffs wind code appeals

A pair of appeals of Whitman County’s industrial wind farm zoning ordinance were dismissed by Superior Court Judge David Frazier last Wednesday, April 7.

Frazier granted Prosecutor Denis Tracy’s motion to throw out appeals of County Planner Alan Thomson’s ruling that the ordinance would not have a significant negative environmental impact.

The appeals were filed by Roger Whitten of Oakesdale and Carolyn Kiesz of Thornton. Both were outspoken critics of industrial wind farms throughout the two-year process of crafting the ordinance.

“It’s a speed bump in the road for me,” said Kiesz. “I’ve lost this battle, but the war is still on. If wind turbines are erected on the Palouse, it won’t be long before Roger Whitten and I are vindicated.”

Citing previous decisions by the U.S. Supreme Court and a state court, Frazier ruled neither Whitten nor Kiesz had the legal standing to appeal the ordinance. The state court decision involved a 1997 Pierce County suit ruled only a “person aggrieved” can obtain a judicial review in these types of cases.

Both criticized that decision in subsequent interviews with the Gazette.

“It’s a real threat. They intend to put industrial wind turbines 2,000 feet from my house,” Whitten said Friday. “The threat of having high levels of low frequency noise pollution being dumped on my property. That threat causes me harm.”

The ordinance calls for turbine sound to be measured based on the amount of noise produced. Whitten and Kiesz, however, contend the turbines emit low-frequency sound waves that cause a laundry list of health problems.

“The standards are just not safe enough, especially the low frequency noise standards,” said Kiesz. “There are 15 children living within the ‘danger zone’ of where those (meteorological) towers are placed.”

Meteorological towers measure atmospheric wind conditions. Several have been placed by wind farm developers at various spots around the county, including some on Naff Ridge, near the homes of Whitten and Kiesz.

“If Roger and I do not have standing, it’s hard for me to understand how anybody would,” said Kiesz.

Judge Frazier ruled neither could prove they personally would sustained immediate specific injuries from the ordinance. The judge backed Tracy in ruling the argument used by Whitten and Kiesz that many citizens of the county would be harmed from the ordinance “…is exactly the type of generalized, conjectural and remote type of injury that courts consistently reject as lacking standing to bring a SEPA appeal.”

Dismissal of the two suits means the actual noise pollution arguments presented by Whitten and Kiesz will not be heard in court.

Whitten said he hoped his and Kiesz’ appeals would act as a foundation for challenges by neighbors of any potential future wind farms.

“Neighbors will be forced to sue the county if turbines go up next to them. Homeowners will have to prove the county knew there was a problem and willingly - or I should say willfully - just ignored it,” he contended. “That’s what I was doing in going through this whole process. Trying to show there is a real health problem here.”

Kiesz, meanwhile, vowed to fight wind farms whenever permit processes begin.

“We’ll be at every meeting that ever occurs,” she said. “These things are harmful. They’re harmful to man and beast. And very harmful to the pocketbook.”

Thomson said he has yet to receive any permit paperwork from wind farm developers.