Oregon Revised Statutes

Or. Rev. Stat. § 469.490 (2026)

Adoption of rules; determination of validity

✓ current as of May 2026
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      469.490 Adoption of rules; determination of validity. All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in the manner required by ORS chapter 183. The validity of any rule adopted by the council may be determined only upon a petition by any person to the Supreme Court. The petition must be filed within 60 days after the date the rule becomes effective under ORS 183.355. The review by the Supreme Court of the validity of any rule adopted by the council shall otherwise be according to ORS 183.400. The Supreme Court shall give priority on its docket to such a petition for review. [Formerly 453.495; 1995 c.505 §19]

 

      469.500 [Formerly 453.505; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1988–2021 · leading case: Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019).
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). · cites it 3× “DISCUSSION Petitioners challenge the rules directly in this court under ORS 469.490. Petitioners contend that the rules are invalid because the council adopted them without following the procedures in the Oregon Administrative Procedures Act (APA), ORS 183.”
Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001). · cites it 2× “See ORS 469.490 (providing that Supreme Court may determine validity of rule adopted by EFSC on petition filed within 60 days after date rule becomes effective).”
Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). “ORS 469.490; Marbet v. Portland Gen. Elect.”
Friends of Columbia Gorge v. Energy Fac. Siting Coun., 486 P.3d 787 (Or. 2021). · cites it 3× “ANALYSIS Petitioners contend that the challenged rules are invalid because they exceed the council’s statutory author- ity. See ORS 469.”
Fremont Lumber Co. v. Energy Facility Siting Council, 936 P.2d 968 (Or. 1997). “1 Petitioners sought direct review by this court as provided by ORS 469.490 (validity of any rule adopted by the EFSC may be determined only on a petition to the Supreme Court filed within 60 days after the date the rule becomes effective).”
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