MATTER OF SITE CERTIFICATE FOR BOARDMAN

(SC S069919) (SC S069920) (SC S069924).

525 P.3d 864 (2023)

370 Or. 792

In the MATTER OF the Application for SITE CERTIFICATE FOR the BOARDMAN TO HEMINGWAY TRANSMISSION LINE. Stop B2H Coalition, Petitioner, v. Oregon Department of Energy, Oregon Energy Facility Siting Council, and Idaho Power Company, Respondents. In the Matter of the Application for Site Certificate for the Boardman to Hemingway Transmission Line. Michael McAllister, Petitioner, v. Oregon Department of Energy, Oregon Energy Facility Siting Council, and Idaho Power Company, Respondents. In the Matter of the Application for Site Certificate for the Boardman to Hemingway Transmission Line. Irene Gilbert, Petitioner, v. Oregon Department of Energy, Oregon Energy Facility Siting Council, and Idaho Power Company, Respondents.

Supreme Court of Oregon.

March 9, 2023.


Attorney(s) appearing for the Case

Karl G. Anuta , Law Office of Karl G. Anuta, PC, Portland, argued the cause and filed the brief for petitioner STOP B2H Coalition. Also on the briefs was Mike J. Sargetakis , Crag Law Center, Portland.

Hailey R. McAllister , Oakland, California, argued the cause for petitioner Michael McAllister. Jesse A. Buss , Willamette Law Group, PC, Oregon City, filed the brief for petitioner on review. Also on the brief was Hailey R. McAllister , Oakland, California.

Irene Gilbert, La Grande, filed the brief pro se.

Patricia G. Rincon , Assistant Attorney General, Salem, argued the cause and filed the briefs for respondents Oregon Department of Energy and Oregon Energy Facility Siting Council. Patricia G. Rincon , Assistant Attorney General, Salem, filed the briefs for those respondents in S069919 and S069920. Denise G. Fjordbeck filed the brief for those respondents in S069924. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Sara Kobak , Schwabe Williamson & Wyatt, PC, Portland, argued the cause and filed the briefs for respondent Idaho Power Company. Also on the briefs were Andrew J. Lee , Portland, and Lisa Rackner and Jocelyn C. Pease , McDowell Rackner & Gibson, PC, Portland.

Anne Morrison , La Grande, filed the brief for amicus curiae Anne Morrison, Attorney.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, Bushong, and James, Justices.


Petitioners seek review of an order of the Energy Facility Siting Council (EFSC) approving an Idaho Power Company (Idaho Power) application for a site certificate to construct a high-voltage electrical transmission line from Boardman, Oregon, to Hemingway, Idaho. Petitioner STOP B2H Coalition (Stop B2H) contends that EFSC erred in the...

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