In the Matter of the Request for Amendment #2 of the Site Certificate for the Helix Wind Power Facility.
The BLUE MOUNTAIN ALLIANCE; Norm Kralman; Richard Jolly; Dave Price; Robin Severe; and Cindy Severe, Petitioners,
v.
ENERGY FACILITY SITING COUNCIL; and Site Certificate Holder Helix Windpower Facility, LLC, Respondents.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted January 7, 2013.
Decided April 18, 2013.
Attorney(s) appearing for the Case
Daniel Kearns , Reeve Kearns PC, Portland, argued the cause and filed the brief for petitioners.
Michael Casper , Assistant Attorney General, Salem, argued the cause for respondent Energy Facility Siting Council. Denise G. Fjordbeck , Attorney-in-Charge, Salem, filed the brief for respondent Energy Facility Siting Council. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.
Dina M. Dubson , Renewable Northwest Project, Portland, filed the brief for amici curiae Renewable Northwest Project and American Wind Energy Association. With her on the brief was Megan W. Decker .
Supreme Court of Oregon, En Banc.
BALDWIN, J.
This case challenges a final order of the Energy Facility Siting Council (council) approving an amended site certificate for construction of a wind energy facility.1 The central question on review is whether, in approving the amended site certificate, the council correctly declined to require compliance with a recently adopted county ordinance requiring a two-mile setback between...
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