A recent Oregon Land Use Board of Appeals (LUBA) decision could significantly affect the siting of standalone battery energy storage systems (BESS) on exclusive farm use (EFU) land. In Remington BESS, LLC v. Marion County, LUBA reversed Marion County’s denial of a proposed 199 MW BESS project and provided important guidance on how Oregon
U.S. Department of Interior Directs U.S. Fish and Wildlife Service to Audit Eagle Permitting Program, Signals Potential for Increased Enforcement for Wind Energy Projects
On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting program under the Bald and Golden Eagle Protection Act (BGEPA). The memo, which was posted to X by Interior Secretary Doug
Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process
This post was co-authored by Stoel Rives summer associate Jayden M. Dirk.
Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE) and EFSC review requests for energy facility site
U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act
On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.
Oregon Energy Facility Siting Council Finalizes Rulemaking to Clarify Contested Case Procedures for Energy Projects
The Oregon Energy Facility Siting Council (EFSC) recently finalized rules clarifying its contested case procedures for energy project siting. These updates aim to improve clarity, align procedures with broader administrative rules, and address participation criteria for stakeholders. A contested case hearing resembles an administrative trial and is a culminating step in EFSC’s certification process.
Oregon Energy Facility Siting Council Proposes Rulemaking to Clarify Contested Case Procedures for Energy Projects
UPDATE 10/30/2024 An update to this post is available here.
The Oregon Energy Facility Siting Council recently finalized rule changes clarifying contested case procedures for large-scale energy project approvals. Key updates include more specific requirements for public participation—such as detailing objections in comments and petitions—and expanding opportunities for issue-raising in contested cases. Additionally, the
Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW
On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more. The CEC’s siting jurisdiction was previously
Oregon Adopts Temporary Rules Limiting Solar Siting on Certain High-Value Farmlands
On January 29, 2019, the Oregon Department of Land Conservation and Development, the state’s land use agency, filed temporary rules amending the standards for siting solar PV facilities on agricultural lands. Although the Land Conservation and Development Commission stopped short of making the changes permanent in order to further consider stakeholder interests at its May
STAYING LOCAL: FEDERAL COURT AFFIRMS CONSTITUTIONALITY OF MINN. STAT. § 216B.246 AND ADOPTS SUPREME COURT TRACY RULE
On June 21, 2018, the United States District Court, District of Minnesota issued an order and memorandum rejecting a challenge to the constitutionality of Minn. Stat. § 216B.246 and granting defendants’ motions to dismiss. The statute, which was enacted after FERC Order 1000 (and eliminating the federal right of first refusal or “ROFR”), provides incumbent
Updates to Energy Related Bills in the 2017-2018 California Legislative Session
Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving bills through the legislative process since reconvening from the Summer Recess. For any bill not identified as a two-year bill, the deadline for each house to pass the bill and present it to the Governor for signature or veto was September 15, 2017. Below is a summary and status of bills we have been following.
An enrolled bill is one that has been through the proof-reading process and is sent to the Governor to take action. A two-year bill is a bill taken out of consideration during the first year of a regular legislative session, with the intent of taking it up again during the second half of the session.
- Of particular note here is SB 100, California’s pitch for 100 percent renewable energy, failed to move to the next stage of the process and is kicked to next year.
- Our next blog post, after October 15, will provide an update on whether those bills sent to Governor Brown were signed or vetoed.
Continue Reading Updates to Energy Related Bills in the 2017-2018 California Legislative Session