Marbet v. Portland General Electric Company: inadequacy of standards under Oregon's Energy Facility Siting Act
The demand for both new energy sources and a cleaner environment has grown dramatically in recent years. These competing interests of environmental protection and energy development are not easily reconciled. Moreover, development of nuclear power as an energy source is relatively new and its use creates additional, special problems: public health hazards, thermal pollution and safe management of radioactive waste materials. Both federal and state statutes have created agencies to regulate nuclear power development. With the aid of legislative directives and public input, these agencies are required to discharge their decision-making responsibilities in a rational manner by fully considering the impact of nuclear power facilities upon the environment. Marbet v. Portland General Electric Company (Marbet) involved an application for site approval to construct nuclear power plants at Pebble Springs in Oregon. The energy Facility Siting Council (the Council) approved the proposed facility. The Oregon Court of Appeals affirmed the Council's order. However, the Oregon Supreme Court reversed and remanded the case to the Council for further proceedings. Its decision was based on the fact that the Council had not established adequate standards in order to determine whether to grant a site certificate. This Note will analyze the Oregon Supreme Court's acceptance of administrative standards as a guide for the exercise of agency discretion. In addition, it will analyze the court's treatment of exhaustion of administrative remedies.
- OSTI ID:
- 5512101
- Journal Information:
- Environ. Law; (United States), Vol. 8:3
- Country of Publication:
- United States
- Language:
- English
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