LOC News
Legal Alert: Oregon Supreme Court Rejects Review of Appeal Court Decision on CFEC Rules
In early 2023, a coalition of cities and counties brought a lawsuit against the Department of Land Conservation and Development (DLCD) and Land Conservation and Development Commission (LCDC) on the grounds that the LCDC lacked authority when it enacted its Climate-Friendly and Equitable Communities (CFEC) administrative rules. In March 2024, the Oregon Court of Appeals largely rejected cities and counties challenges (see opinion here).
The coalition sought review from the Oregon Supreme Court, which the League of Oregon Cities supported in its amicus brief filing. However, the court denied review without explanation on August 8, leaving the lower court’s decision in place.
LOC members should continue to work with their legal counsel to ensure that any existing and/or future code complies with the CFEC rules that remain in effect.
The LOC would like to thank attorneys Steven Liday and Will Rasmussen of Miller Nash LLP for their excellent work on this matter.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 8/16/24