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