Washington legislators have committed to green energy and environmental justice, and the two commitments are heading for a showdown in front of the Washington Supreme Court.

The court will hear arguments June 11 on whether to cancel the permit then-Gov. Jay Inslee issued for the 1,150-megawatt Horse Heavens wind and solar installation in south-central Washington.

Yanking the permit could be the final blow to the state’s already flagging drive to develop green power, according to renewable energy advocates and producers.

But allowing windmills, solar panels and batteries on Horse Heaven Hills would perpetuate a history of mistreating tribes, according to the Yakama Nation and tribal allies.

Both sides point to 2022 legislation that simultaneously purported to speed-up green-energy projects, while taking into consideration the interests of “overburdened communities.”

In a friend-of-the court brief, the Affiliated Tribes of Northwest Indians, which represents 57 tribal governments in five states, argued the court has a chance to make amends for past injustices.

The brief cites, three times, a recent opinion written by Washington Supreme Court Justice Sal Mungia decrying the “racist beliefs endemic in our society and our legal system.”

“This case asks the court to consider, in part, the Washington state Legislature’s express commitment to environmental justice,” the affiliated tribes’ brief reads.

Scout Clean Energy applied for a permit in 2021 and received permission from Inslee in 2024 to put up 222 windmills and cover 5,500 acres of farmland with solar panels.

The Yakama Nation, Benton County and Tri-Cities CARES are suing to stop construction. They allege Inslee and the Energy Facility Site Evaluation Council violated several state laws in reviewing and approving the project.

Farmers leasing land to Scout support the project, saying trading land for a stable income stream will help dryland wheat farms survive. The county, however, claims the project violates the Growth Management Act’s mandate that counties preserve farmland.

Renewable energy advocates say that if the county prevails, windmills and solar panels will be prohibited from agricultural land, dealing another blow to Washington’s energy industry.

The county’s concerns and the farmers’ interests, however, probably will be secondary to arguments related to climate change and environmental justice.

Renewable Northwest, a green energy advocacy group, and the Northwest and Intermountain Power Producers Coalition teamed up on a friend-of-the-court brief.

The brief highlighted Washington’s poor record, compared to other states, of building wind and solar installations, even though the state has high decarbonization goals.

The Horse Heaven case poses an “existential threat to the renewable energy industry,” the brief states. If Scout loses, “it could be the final blow not just for Horse Heaven, but for Washington’s already struggling renewable energy industry as a whole.”

The Yakama Nation says it supports renewable energy, but that Scout hasn’t justified intruding on tribal cultural resources in the area.

EFSEC originally recommended scaling back the project to address the tribe’s concerns. But Scout complained the recommendation would gut the project. Inslee agreed and ordered EFSEC to come back with a second recommendation in line with Scout”s plans.

EFSEC serves little purpose if the governor can demand projects be approved, regardless of the toll on the environment and overburdened communities, according to the tribe.