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Yakama Nation files petition challenging Carriger Solar site‑certificate approval; FSEC staff preparing record
Summary
Following gubernatorial approval of the Carriger Solar site certification, the Confederated Tribes and Bands of the Yakama Nation filed a petition for judicial review on Dec. 31; FSEC staff and the Attorney General's Office are compiling the agency's decisional record and noted litigation does not bar the certificate holder from continuing implementation work.
Joanne Snarski, siting specialist, told the council that the governor approved the Carriger Solar site certification agreement (SCA) and that the agreement became effective Dec. 15. On Dec. 31 the Confederated Tribes and Bands of the Yakama Nation filed a petition for judicial review of the council and the governor's approval.
John Thompson, assistant attorney general, explained the judicial‑review process under the Administrative Procedure Act: the petition is filed in Thurston County Superior Court, the court reviews the agency record in an appellate capacity and the record must be assembled for the court. Thompson said the process often takes several months while the record's completeness is determined and procedural motions are considered; it may proceed to the Supreme Court in due course.
Thompson also said nothing in the filing prevents the certificate holder from continuing implementation of the site certification agreement while litigation proceeds. FSEC staff said they are working with the Attorney General's Office to compile the decisional record and will continue reviewing project plans as appropriate.
