Don't Waste Oregon Committee v. Energy Facility Siting Council

The majority affirms an order of the Energy Facility Siting Council (EFSC) that concludes that the statement of fiscal impact that accompanied the notice of intended action in the rule-making procedure for adoption of OAR 345-23-010(2) (1994) was sufficient. Because I believe that the order is insufficient for purposes of judicial review, I would reverse the order and remand this case to EFSC to make an authoritative interpretation of OAR 345-23-010(2) (1992).1 Accordingly, I dissent.

At issue in this case is the validity of OAR 345-23-010(2) (1994), which exempts certain energy facilities…