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.

Among the key changes, EFSC (1) raised the bar for stakeholders seeking party status, who now must raise challenged issues with more specificity, but also (2) slightly expanded the comment period during which those issues can be raised. Additionally, the rules eliminate a seldom-used interim partial appeal option to expedite the certification process. The new rules took effect on October 1, 2024.

For greater analysis and background on these rule changes, click here to read the full article.

Photo of Ariel Stavitsky Ariel Stavitsky

Ariel Stavitsky is an associate in Stoel Rives’ Environment, Land Use and Natural Resources group, with focuses in environmental and natural resource-related litigation, project permitting, and regulatory compliance counseling. She advises and advocates for clients across multiple industries, including energy generation, natural resource…

Ariel Stavitsky is an associate in Stoel Rives’ Environment, Land Use and Natural Resources group, with focuses in environmental and natural resource-related litigation, project permitting, and regulatory compliance counseling. She advises and advocates for clients across multiple industries, including energy generation, natural resource production, and manufacturing.

Click here for Ariel Stavitsky’s full bio.