Forelaws On Board v. Energy Facility Siting Council

This case involves a petition for attorney fees filed in the Court of Appeals by Forelaws on Board (“Forelaws”), which previously had obtained a reversal of a declaratory ruling by the Energy Facility Siting Council (the Council). Fore-laws relied on ORS 183.497(1), which provides:

“(1) In a judicial proceeding designated under subsection (2) of this section the court:

“(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner;

“(b) Shall allow a petitioner reasonable attorney fees and costs if the court finds in favor of the…