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LEGAL NEWSLINE

Wednesday, June 26, 2024

Idaho AG appeals FAA decision on Lava Ridge wind turbine project

State AG
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Attorney General Raúl Labrador | Ballotpedia

Attorney General Raúl Labrador announced an administrative appeal with the Federal Aviation Administration (FAA) regarding the Lava Ridge project, a proposed wind turbine development on Bureau of Land Management property in Idaho’s Magic Valley. The appeal requests the FAA to reconsider its determination that the project poses "no hazard" to aviation in the area.

The majority of power generated at Lava Ridge would be sent to California, with hundreds of wind turbines planned for federal lands adjacent to irrigated farms and local airports. These turbines would be among the tallest in the United States, raising concerns about their impact on local aircraft and agricultural aviation operations.

In evaluating the wind turbines, the FAA did not consider low-level flights, including over 13,000 agricultural aviation flights occurring annually in the area. These operations are vital to the region's economy and represent a significant portion of total aviation activities at local airports. The proposed turbines could impede or endanger these flights.

“Strong words are just not enough,” said Attorney General Labrador. “The people of Idaho have overwhelmingly demanded action and deserve better than to be ignored by federal bureaucracies. Yesterday’s appeal is my office’s first of many steps in fighting this ill-conceived project that threatens Idaho’s agriculture, wildlife, and waterways.”

Before any major project on federal lands begins, an Environmental Impact Statement (EIS) must be included. The EIS analysis must consider impacts on aviation among other factors. The Bureau of Land Management (BLM) released the Final EIS for Lava Ridge today and is expected to release a final decision—the "Record of Decision"—in a few weeks.

“If built, the wind turbines would increase the difficulty and safety risks of performing aerial applications that are already quite difficult and risky. In some locations or under certain conditions, this increased difficulty may effectively preclude aerial applications to crops or fields,” stated the filing.

Other nearby wind development projects on federal land are also awaiting permits, observing how developments unfold with Lava Ridge.

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