Fremont Lumber Co. v. Energy Facility Siting Council

In this administrative law case, petitioners challenge amendments to two Energy Facility Siting Council (EFSC) rules pertaining to the siting of radioactive waste disposal facilities. Petitioners contend that, in adopting the rule amendments, the EFSC both exceeded its statutory authority and failed to comply with the applicable rulemaking procedures. We hold that the amended rules are invalid for failure to include a proper fiscal impact statement.

Before the enactment of the challenged amendments, EFSC rules barred the siting of radioactive waste disposal facilities within a “500-year flood…