Forelaws on Board v. Energy Facility Siting Council

In this case the petitioner, Forelaws on Board (Fore-laws), seeks judicial review of a decision of the Energy Facility Siting Council (EFSC).

Under Oregon’s Administrative Procedure Act, ORS Chapter 183, the route of judicial review of agency decisions turns on the type of order upon which judicial review is sought, as follows:

• Orders in contested cases are reviewed in the Court of Appeals. ORS 183.482(1).

• Orders in other than contested cases are reviewed in the circuit court. ORS 183.484(1).

• Agency declaratory rulings are reviewed in the Court of Appeals. ORS 183.410.

• In some situations,…