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Oregon Supreme Court holds state siting council did not err in not requiring compliance with county zoning ordinance for wind energy facility  

Credit:  Posted by: Patricia Salkin | Law of the Land | June 30, 2013 | lawoftheland.wordpress.com ~~

Before the Oregon Supreme Court was the appeal of a final order of the Energy Facility Siting Council that approved an amended site certificate for construction of a wind energy facility. Specifically, the issue was 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 wind turbines and rural residences pursuant to ORS 469.401(2). Upon review, the Supreme Court concluded that the council did not err in not requiring compliance with the ordinance. This was because the ordinance was not in effect on the application date. The Court provides a detailed discussion on its statutory analysis and concludes that the requirement of “compliance with local ordinances and state law and the rules of the council in effect on the date the site certificate or amended site certificate is executed does not include any ordinance, law or rule that is a land use regulation.”

Request for Amendment #2 of the Site Certificate for the Helix Wind Power Facility v Energy Faciity Siting council, 2013 WL 1688032 (Or 4/18/2013).

The opinion can be accessed at: http://www.publications.ojd.state.or.us/docs/S060803.pdf

Source:  Posted by: Patricia Salkin | Law of the Land | June 30, 2013 | lawoftheland.wordpress.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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