The Giving and Taking of Siting Authority
Here in Oregon, the Kulongoski administration is trying to decide whether the state-wide land use system provides sufficient authority to limit Jefferson County's siting of a destination resort development near the headwaters of the Metolius River. Across the Columbia River, the Washington State Supreme Court has upheld Governor Gregoire's authority to require Kittitas County to site a wind farm the county did not want (click here for more information).
This is an interesting dichotomy for two developments, one, just a couple hundred miles up Highway 97 from the other. One involves water, a resource that states are actively seeking to preserve against exploitation by private economic development; the other involves wind, a resource states are actively seeking to exploit in order to promote private economic development. It is interesting to note that in this instance Oregon, the state known for its pervasive statewide land use regulation regime, appears to be more poorly armed to preempt Jefferson County's wishes, while Washington was fully capable of overriding Kittitas County.
