The Blue Mountain Alliance, et al. v. Energy Facility Siting Council, et al., No. S060803, 2013 Ore. LEXIS 269 (Ore. Sup. Ct. Apr. 18, 2013)

(defendant issued site certificate in 2009 for wind "farm" to be located on private land in Umatilla County, with construction to begin within three years and completion of project three years later; in 2011, defendant issued amended site certificate approving facility expansion; in early 2012, wind farm project operator applied for site certificate amendment extending construction start and completion dates for another two years; a few days later, Umatilla County adopted ordinance establishing two-mile setback between aerogenerators and rural residences; plaintiff sought compliance of wind farm with 2012 ordinance, but defendant approved second site amendment without requiring compliance with 2012 ordinance; upon review, Court affirmed; state law requires compliance with local ordinances and state law at time application is executed; while provision does not include land use regulations that are public safety measures, ordinance did not establish noise standard and purpose was not conclusive to establish public health and safety measure; thus, provision is land use regulation and version in effect at time wind farm made application applies).