Klickitat County, Washington has proposed a new land use ordinance that, if passed, would impose sweeping restrictions on nearly all solar and battery energy storage system (BESS) development in the county. The ordinance, currently under review by the Planning Commission and Board of Commissioners, would apply to all utility-scale solar and BESS projects, including both
New Oregon Land Conservation and Development Commission Rules Create New Local Permitting Pathways for Mid-Sized Solar Development in Eastern Oregon
By Ariel Stavitsky, Emily Schimelpfenig, and Sudha Basu[1]
For nearly a decade, tension has grown in Oregon between the desire for agricultural and wildlife conservation and the desire for renewable energy development. In 2023, the Oregon Legislature passed House Bill 3409, directing the Land Conservation and Development Commission (LCDC), the body that administers the
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
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.
New Legislation Authorizes Oregon Energy Facility Siting Council to Certify Standalone Battery Energy Storage Systems but Stops Short of Including Clear Land Use Approval Pathway
The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a critical tool in the decarbonization toolbox, offering backup power when it’s needed and addressing intermittency and other grid limitation problems. Though many
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