Justia Energy, Oil & Gas Law Opinion Summaries

The case involves a dispute over the approval of a site certificate for the construction of a wind energy facility in Umatilla County, Oregon. The Energy Facility Siting Council granted the certificate to Nolin Hills Wind, LLC, despite the proposed facility not complying with a local siting criterion requiring a two-mile setback between any turbine and a rural residence. Umatilla County sought judicial review of the council's decision, arguing that the council should have required Nolin Hills to comply with the two-mile setback rule.The case was reviewed by the Supreme Court of the State of Oregon. The court noted that the council had the authority to approve the proposed energy facility despite its failure to comply with the two-mile setback rule. The court also noted that the council had the authority to approve the proposed facility even if it did not pass through more than three land use zones and even if it did not comply with all of the county’s recommended substantive criteria.The Supreme Court of the State of Oregon affirmed the council's decision, concluding that the council was authorized to issue a site certificate for the proposed wind facility notwithstanding the failure of the proposed facility to comply with the two-mile setback rule. The court found that the council was not required to reject a proposed facility simply because it did not comply with a local criterion. The court also rejected the county's argument that the council erred in concluding that the proposed facility "does otherwise comply with the applicable statewide planning goals." View "Umatilla County v. Dept. of Energy" on Justia Law

Petitioners sought the Oregon Supreme Court's review of an order of the Energy Facility Siting Council (EFSC) that approved an Idaho Power Company (Idaho Power) application for a site certificate to construct a high-voltage electrical transmission line from Boardman, Oregon, to Hemingway, Idaho. Petitioner STOP B2H Coalition (Stop B2H) contended that EFSC erred by : (1) denying Stop B2H’s request for full party status in the contested case proceedings; (2) granting an exception or variance to noise level requirements; (3) modifying the governing rule to limit the noise assessment to landowners within one-half mile of the transmission line; and (4) misapplying EFSC’s rules on the visual impacts from the transmission line. Petitioner Michael McAllister contended EFSC erred by failing to require Idaho Power to include in its application an “environmentally preferable” location for a segment of the transmission line in Union County. Petitioner Irene Gilbert contended EFSC erred by: (1) denying Gilbert’s request for full party status; (2) failing to document the impacts on historic properties and mitigation measures; (3) delegating future approval of mitigation plans to the Oregon Department of Energy (ODOE); (4) relying on federal standards to determine mitigation requirements for historic properties; and (5) modifying a mandatory site certificate condition without rulemaking. Applying the governing standard of review, the Supreme Court affirmed EFSC’s final order approving the site certificate for this transmission line. View "Stop B2H Coalition v. Dept. of Energy" on Justia Law

In January 2020, the Energy Facility Siting Council adopted permanent rules addressing the process for amending site certificates and other procedural aspects of the council’s work. Petitioners challenged three of the council’s new rules on two grounds, contending the rules exceeded the council’s statutory authority. According to petitioners, two of the rules improperly limited party participation in contested case proceedings, and the third rule improperly authorized the expansion of site certificate boundaries without a site certificate amendment. The council disputed those arguments. The Oregon Supreme Court concurred with petitioners’ arguments and declared the three rules at issue invalid. View "Friends of Columbia Gorge v. Energy Fac. Siting Coun." on Justia Law

The Energy Facility Siting Council modified its rules that govern amending site certificates. Petitioners challenged the validity of the new rules, arguing that the council failed to comply with required rulemaking procedures and that the rules exceeded the council’s statutory authority. FAfter review of petitioners' challenges, the Oregon Supreme Court agreed with some, but not all, of those grounds and concluded that the rules were invalid. View "Friends of Columbia Gorge v. Energy Fac. Siting Coun." on Justia Law

Acting under authority delegated by the EPA, the Oregon Department of Environmental Quality (DEQ) issued a general permit in 2010 for the discharge of certain pollutants resulting from suction dredge mining. Petitioners filed this proceeding arguing, among other things, that only the Army Corps of Engineers had authority under the Clean Water Act to permit the discharge of materials resulting from suction dredge mining. The Court of Appeals disagreed and affirmed the trial court’s order upholding DEQ’s permit. Finding no reversible error, the Oregon Supreme Court affirmed. View "Eastern Oregon Mining Assoc. v. DEQ" on Justia Law

The issue this case presented for the Supreme Court's review centered on the standard of liability for violations of two provisions of the hazardous waste laws: 40 CFR section 263.20(a)(1), as adopted by OAR 340-100-0002(1), and ORS 466.095(1)(c). The Department of Environmental Quality (the department) assessed civil penalties against petitioner, Oil Re-Refining Company (ORRCO), after it determined that ORRCO had accepted hazardous waste without a proper manifest form and treated hazardous waste without a proper permit. ORRCO conceded the factual basis for those allegations but asserted a reasonable-reliance defense: namely, that it reasonably relied on assurances by the generator of the waste that the material ORRCO transported and treated was not a hazardous waste, and, therefore, did not require the manifest and permit at issue. The Environmental Quality Commission (the commission) refused to consider ORRCO’s defense, because it interpreted the relevant provisions as imposing a strict liability standard. The Court of Appeals agreed with the commission’s interpretations and affirmed its final order finding various violations and imposing civil penalties. On appeal to the Supreme Court ORRCO argued that the commission should have considered its reasonable reliance defense and that the commission had erred in interpreting the relevant provisions as imposing a standard of strict liability. The Supreme Court rejected ORRCO’s argument because it ignored statutory and regulatory context indicating that a transporter’s or operator’s level of culpability is immaterial to establishing a violation of the relevant provisions. View "Oil Re-Refining Co. v. Environmental Quality Comm." on Justia Law