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FRIENDS OF COLUMBIA v. ENERGY FAC. SITING

SC S067568.

486 P.3d 787 (2021)

368 Or. 123

FRIENDS OF THE COLUMBIA GORGE, Oregon Wild, Central Oregon Landwatch, Wildlands Defense, Thrive Hood River, Greater Hells Canyon Council, Oregon Natural Desert Association, Oregon Coast Alliance, Audubon Society of Portland, and Columbia Riverkeeper, Petitioners, v. ENERGY FACILITY SITING COUNCIL and Oregon Department of Energy, Respondents.

Supreme Court of Oregon.

May 6, 2021.

Attorney(s) appearing for the Case

Gary K. Kahn , Reeves, Kahn, Hennessy & Elkins, Portland, argued the cause and filed the briefs for petitioners. Also on the briefs were Nathan J. Baker and Steven D. McCoy , Friends of the Columbia Gorge, Peter M. Lacy , Oregon Natural Desert Association, and Erin K. Saylor , Columbia Riverkeeper.

Patty Rincon , Assistant Attorney General, Salem, argued the cause for respondents. Denise G. Fjordbeck , Assistant Attorney General, filed the brief. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices, and Kistler, Senior Judge, Justice pro tempore.

In January 2020, the Energy Facility Siting Council adopted permanent rules addressing the process for amending site certificates and other procedural aspects of the council's work. Petitioners challenge three of the council's new rules on two grounds, maintaining that the rules exceed the council's statutory authority. For the reasons...

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