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MATTER OF NOLIN HILLS WIND POWER PROJECT

(SC S070517)

547 P.3d 804 (2024)

372 Or. 194

In the MATTER OF the Application for Site Certificate for the NOLIN HILLS WIND POWER PROJECT. Umatilla County, Petitioner, v. Oregon Department of Energy, Energy Facility Siting Council, and Nolin Hills Wind, LLC, Respondents.

Supreme Court of Oregon, En Banc.

April 18, 2024.

Attorney(s) appearing for the Case

Wendie L. Kellington, Kellington Law Group, PC, Lake Oswego, argued the cause and filed the brief for petitioner on review Umatilla County.

Kate E. Morrow, Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review Oregon Department of Energy and Energy Facility Siting Council. Also on the brief were Ellen F. Rosenblum, Attorney General; Benjamin Gutman, Solicitor General; and Jona J. Maukonen, Assistant Attorney General.

Rachel C. Lee, Stoel Rives, LLP, Portland, argued the cause and filed the brief for respondent on review Nolin Hills Wind, LLC.

Daniel Kearns, Reeve Kearns PC, Portland, filed the brief for amici curiae Morrow County and The Eastern Oregon Counties Association.

Daniel Kearns, Reeve Kearns PC, Portland, filed the brief for amicus curiae Blue Mountain Alliance.

Umatilla County seeks judicial review of a final order of the Energy Facility Siting Council (the council) that granted a site certificate allowing Nolin Hills Wind, LLC, to construct a wind energy facility in the county. This case comes to us on direct review of the council's final order. See ORS 469.403(3) (providing for direct...

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