Idaho AG tells legislative committee his office would appeal Lava Ridge Wind Project decision

Idaho State Capitol building on January 11, 2023. (Otto Kitsinger for Idaho Capital Sun)

After county commissioners asked for help, Idaho Attorney General Raúl Labrador told state legislators Wednesday his office would appeal a forthcoming decision to approve the proposed Lava Ridge Wind Project near Twin Falls.

Labrador made his comments during the Idaho Legislature’s Committee on Federalism meeting Wednesday at the Idaho State Capitol in Boise after Jerome County Commissioner Ben Crouch and Twin Falls County Commissioner Jack Johnson asked for the state’s help.

“We’re also waiting for the final record of decision, and we are going to be appealing that as well,” Labrador said during Wednesday’s meeting. “So I think it’s good that the counties, and even some local members of the community, are going to be filing lawsuits. I’ve never discouraged them to do that.

“In fact, I encouraged them to do that, because sometimes it’s stronger when it’s not just the Office of Attorney General that is filing the lawsuit. But we will be joining all of these legal fights. And we have several groups – county commissioners, private interests and others – that are thinking about filing lawsuits, and we will be supporting all of these things. So rest assured that our office has a long-term plan, and we will be working on this.”

Magic Valley Energy is seeking to build the Lava Ridge Wind Project on Bureau of Land Management public lands in southern Idaho near Dietrich. The proposal originally called for up to 400 wind turbines; the latest alternative plan reduces that number to 241.

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Idaho legislative committee invited wind project opponents to speak, but not supporters

Commissioners Johnson and Crouch were invited to speak to legislators and appeared on the agenda for Wednesday’s meeting .

“This is the one thing I think that Democrats, Republicans, Libertarians, conservationists – I haven’t met anybody from any group that has expressed an interest in wanting these on our public lands,” Johnson told the committee. “Everybody that we have engaged, that has engaged us, is against these being on our public lands out there.”

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The Committee on Federalism did not accept public comment Wednesday or schedule anyone who supports Lava Ridge Wind Project to speak in response to the opposition.

While there is widespread opposition, not everybody opposes the project.

In a phone interview Wednesday, Adrian Gallo, climate program manager for Idaho Conservation League, said his organization came to support the project after weighing the pros and cons. Gallo said one reason for supporting the project is because the Bureau of Land Management listened to public concerns about the project and called for changes.

On June 6, the Bureau of Land Management issued its final environmental review for the project, which selected an alternative model that shrinks the size of the project down to 241 wind turbines, the Idaho Capital Sun previously reported . BLM officials said the preferred alternative model also reduces potential impact to sage grouse, wildlife migration routes, cultural sites and local pilots using aircraft for agricultural uses.

A representative from the Idaho Conservation League attended Wednesday’s meeting but was not asked to speak.

Gallo said he is concerned about consequences of the project that Johnson and Crouch pointed out Wednesday, including the bats and birds that would be killed by the wind turbines. Gallo said bats and birds face much greater threats from climate change, vehicles, buildings and oil pits than from wind turbines.

“It’s not that there will be zero impact; there is no such thing as a zero-impact energy project,” Gallo said. “Climate change will destroy many more acres than these clean energy projects impact.”

“The differences are, yes, there will be a direct impact to some birds,” Gallo added. “But if we do nothing to stop pollution, there will be thousands of birds that go extinct.”

Several elected officials, including Gov. Brad Little, Lt. Gov. Scott Bedke, U.S. Sens. Jim Risch and Mike Crapo and U.S. Rep. Mike Simpson, all R-Idaho, have issued statements opposing the Lava Ridge Wind Project, the Sun previously reported. The Idaho Legislature also passed a 2023 resolution opposing the project.

A final decision on the Lava Ridge Project could come at any time, Crouch told the Committee on Federalism.

“… And at that point, that’s when we’re ready to step in with the lawsuit if we need to,” Crouch said.

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