WA AG ‘forgets’ to submit 950 pages of HH Hills wind farm opposition to Supreme Court? 

This is not the first time the WA State Attorney General’s Office has been in hot water, or performed actions that raise eyebrows.

TC Cares Reveals the AG’s Office Omitted Key Opposition Testimony Against Horse Heaven Hills wind farm

Tri-Cities CARES, the leader of the opposition to the controversial Horse Heaven Hills wind farm, released information via their newsletter and information bulletins indicating their attorneys found out 950 pages of key evidence was not sent to the State Supreme Court in the lawsuit against the Horse Heaven Hills Wind Farm. 400 public comments, which made up the 950 pages, were made up from government bodies, economic organizations, non profits and technical experts.

And all were resoundingly against the proposed Scout Energy project that would litter massive windmills over a 25-mile long stretch from south of Kennewick through the Horse Heaven Hills.

In lawsuits such as this, the ‘record’ is all the evidence and information used by the court to reach a ruling. The record has to be ‘certified’ or completed, and sent to the Court. As the legal entity who ‘defends’ the state against lawsuits, the AG’s Office was responsible for submitting the ‘record’ to the Court.

The State AG’s Office certified the record to the Supreme Court without the 950 pages.

The Certified Record Did NOT Include the Testimony

According to TC Cares, a lot of information was omitted, including:

“The missing comments included major submissions from:

• SE Washington legislators
• Tri-Cities Association of Realtors
• Tri-Cities Regional Chamber of Commerce
• Lewis & Clark Trail Heritage Foundation
• Badger Mountain Irrigation District
• Audubon Society members
• Port of Pasco
• Expert witnesses for TC Cares

WA Assistant AG Jon Thompson issued a letter February 2nd, claiming the omission was a “coding” error, and he also said the testimony did not appear to be directly related to the subject being discussed (according to EFSEC) and downplayed the omission.

The court was petitioned, and allowed TC Cares to submit the additional information. But this is not the first time the AG’s Office has been under the lens.

AG’s Office Fined Twice by Judge Over DSHS Abuse Case

When former AG Bob Ferguson was in Office, A King County Judge fined the Office over failure to supply (discovery) documents and information in a case involving a Kent, WA woman who sued over years of neglect and abuse in a DSHS-operated assistance home. In 2023 a total of $322,000 was levied against the AG’s Office. King County Superior Court Judge Michael Ryan, who levied the fines, issued this statement:

“The discovery violations, in this case, are egregious, severe, without excuse and the result of willful disregard of discovery obligations by both DSHS and the attorney general’s office.”

AG Ferguson Also Subject of Ethics Complaint Over Tuna Checks

Also, in 2024, you may recall the State received $40 million from a massive tuna and chicken price-fixing lawsuit. 400,000 lower-income households would receive $50 (single dweller) and up to $120 for a family, However, an ethics complaint was filed against AG Ferguson because the checks were made out to show he was the payer, in violation of campaign laws–he was running for Governor at the time.