Forelaws on Board v. Energy Facility Siting Council

Petitioners ask us to resolve whether a determination of the Energy Facility Siting Council (Council) that it lacks jurisdiction over the subject of an application is reviewable by the Court of Appeals or by this court. In order to protect their rights to judicial review, petitioners filed petitions for review in both courts followed by motions to resolve jurisdiction before briefing the merits. They also filed motions to be relieved from having to pay filing fees in both courts. Teledyne Wah Chang Albany (TWCA), the applicant for a site certificate at issue in the council’s proceeding, moved…