FRIENDS OF PARRETT MT. v. NORTHWEST NATURAL GAS

(SC S50428, SC S50434).

79 P.3d 869 (2003)

336 Or. 93

In the Matter of the Application for a Site Certificate for Northwest Natural Gas Company's SOUTH Mist Pipeline Extension, FRIENDS OF PARRETT MOUNTAIN, Larry Briggs, Leann Bennett, and George Burns, Petitioners, v. NORTHWEST NATURAL GAS COMPANY, Respondent. Washington County Farm Bureau, Clackamas County Farm Bureau, Marion County Farm Bureau, David Vanasche, Philip Lapp, Stacey Rumgay Button, LKS Corporation, dba Wil-Chris Acres, Doug Femrite, Femrite Nursery Company, Stephen G. Baker, and Clive Cook, Petitioners, v. Energy Facility Siting Council, Respondent.

Supreme Court of Oregon.

Decided November 6, 2003.


Attorney(s) appearing for the Case

James S. Smith, of Davis Wright Tremaine, LLP, Portland, argued the cause and filed the brief for petitioners Friends of Parrett Mountain, Larry Briggs, Leann Bennett, and George Burns.

Christine M. Cook, Portland, argued the cause for petitioners Washington County Farm Bureau, Clackamas County Farm Bureau, Marion County Farm Bureau, David Vanasche, Philip Lapp, Stacey Rumgay Button, LKS Corporation, Doug Femrite, Femrite Nursery Company, Stephen G. Baker, and Clive Cook. With her on the brief was F. Blair Batson, Portland.

James N. Westwood, Stoel Rives LLP, Portland, argued the cause for respondent Northwest Natural Gas Company. With him on the brief were Margaret D. Kirkpatrick and Ellen Hawes Grover, Portland.

Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the case for respondent Energy Facility Siting Council. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


De MUNIZ, J.

In these consolidated proceedings for judicial review, petitioners challenge a final order of the Energy Facility Siting Council (council) that permits Northwest Natural Gas Company (Northwest Natural) to construct an approximately 62-mile long natural gas pipeline sited primarily within Exclusive Farm Use (EFU) zones in Washington, Marion, and Clackamas counties. This court reviews final orders of the council for errors of law, abuses of agency discretion...

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