If constructed and operated, the Facility would result in adverse impacts to wildlife species, including bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). In 2009 and/or 2010, raptor surveys detected numerous bald and golden eagles and nest sites within 1,000 to 10,000 feet of proposed wind turbine locations. …
This appeal challenges three agency Orders issued by ODOE [Oregon Department of Energy], on August 10, 2020; August 21, 2020; and September 10, 2020. …
In issuing the three challenged Orders, ODOE acted in violation of the Oregon Administrative Procedures Act and the Oregon Energy Facility Siting Act by erroneously interpreting one or more provisions of law; acting outside the range of discretion delegated to the agency by law; acting inconsistent with one or more agency rules, officially stated agency positions, and/or prior agency practices without explaining the inconsistencies; acting in violation of a statutory provision; and/or issuing agency orders not supported by substantial evidence in one or more of the following ways: [50(a)–(v)].
Pursuant to ORS 469.563, Petitioners request that this Court issue such restraining orders and/or such temporary and permanent injunctive relief as is necessary to secure compliance with applicable provisions of the Oregon Energy Facility Siting Act and its implementing regulations and/or with the terms and conditions of a site certificate.
Download original document: “Amended Petition for Judicial Review, Summit Ridge Wind Farm”
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