FREMONT LUMBER CO. v. ENERGY FACILITY COUNCIL

(EFSC 330 000; SC S46401)

16 P.3d 1147 (2001)

In the Matter of Amendment of Rules OAR 345 Division 50 Regarding Site Suitability for Radioactive Waste Disposal. FREMONT LUMBER COMPANY and Kerr-McGee Corporation, Petitioners, v. ENERGY FACILITY SITING COUNCIL, Respondent.

Supreme Court of Oregon.

Decided January 11, 2001.


Attorney(s) appearing for the Case

Ellen Borgersen, of Morrison & Foerster LLP, San Francisco, argued the cause for petitioners. Scott J. Kaplan, of Stoel Rives LLP, Portland, filed the briefs. With him on the briefs were Gail Achterman, of Stoel Rives LLP, Portland, Mark P. Reeve, of Reeve Kearns, LLP, Portland, and Michele B. Corash, of Morrison & Foerster LLP, San Francisco.

Philip Schradle, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, LEESON, and RIGGS, Justices.


RIGGS, J.

Petitioners challenge amendments to two rules, quoted below, of the Energy Facility Siting Council (EFSC) pertaining to the cleanup of uranium mine overburden.1 Petitioners contend that, in adopting the rule amendments, EFSC exceeded its statutory authority. We uphold the challenged rules.

Before 1999, OAR 345-050-0060(2) barred siting a "waste disposal facility" either within an area subject to surface water erosion...

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