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  5. 197 P.3d 1153 (2008)
 

RESIDENTS OPPOSED TURBINES v. STATE EFSEC

Nos. 81332-9, 81427-9.

197 P.3d 1153 (2008)

RESIDENTS OPPOSED TO KITTITAS TURBINES and F. Steven Lathrop, Petitioners, v. STATE ENERGY FACILITY SITE EVALUATION COUNCIL (EFSEC) and Christine O. Gregoire, Governor of the State of Washington, Respondents. Kittitas County, a subdivision of the State of Washington, Petitioner, v. The Honorable Christine O. Gregoire, Washington State Governor; Energy Facility Site Evaluation Council; Sagebrush Power Partners L.L.C.; Horizon Wind Energy; Washington State Department of Community, Trade and Economic Development; Counsel for the Environment; Department of Ecology; Department of Fish and Wildlife; Utilities and Transportation Commission; Department of Natural Resources; Department of Transportation; Renewable Northwest Project; Phoenix Economic Development Group; Sierra Club Cascade Chapter; Residents Opposed to Kittitas Turbines (ROKT); and Steven Lathrop, Respondents.

Supreme Court of Washington, En Banc.

Decided November 20, 2008.

Attorney(s) appearing for the Case

Gregory L. Zempel, Kittitas County Prosecutor's Office, Neil Alan Caulkins, Jeffrey David Slothower, Attorney at Law, Ellensburg, WA, James Cortland Carmody, Velikanje Halverson PC, Yakima, WA, for Petitioners.

Kyle Joseph Crews, Attorney General's Office, William Berggren Collins, Darrel Lee Peeples, Attorneys at Law, Frederick Dee Gentry, Bean Gentry Wheeler & Peternell, Narda D. Pierce, Benedict Garratt Pond & Pierce, PLLC, Olympia, WA, Timothy Laurence McMahan, Erin L. Anderson, Stoel Rives Law Firm, Portland, OR, Susan Elizabeth Drummond, Foster Pepper PLLC, Seattle, WA, for Respondents.

Susan Ackerman, Attorney at Law, Portland, OR, Kristopher Ian Tefft, Christian Michael McCabe, Association of Washington Business, Olympia, WA, Amicus Curiae on behalf of Association of Washington Business, Amicus Curiae on behalf of Northwest & Intermountain Power Producers Coalition.

Sara Patton, Northwest Energy Coalition, Seattle, WA, Amicus Curiae on behalf of Northwest Energy Coalition.

OWENS, J.

NATURE OF THE CASE

¶ 1 This case involves the State's authority to permit the construction and operation of wind turbines for energy production in the state without authorization from the county in which the turbines will be placed. Specifically, we consider both jurisdictional and substantive challenges arising from the governor's authority to site an energy facility that exclusively uses wind power under the energy facilities site locations...

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