City of Cornelius v. Department of Land Conservation & Development

The Oregon Court of Appeals largely rejected a challenge to the Oregon Land Conservation and Development Commission’s (LCDC’s) Climate-Friendly and Equitable Communities rules. The court described the rules as requiring communities “to update their local land use and transportation system plans to allow for greater residential density, reduce the amount of land that must be reserved for parking, achieve a reduction in residents’ vehicle travel miles, and provide infrastructure for electric vehicles, among other things,” and as well as requiring designation of, and adoption of plans and regulations for, “climate-friendly areas.” The court rejected procedural challenges, as well as contentions that LCDC did not have statutory authority for the rules. The court agreed, however, with City petitioners that one provision was invalid because it gave LCDC an enforcement authority not authorized by statute and also found that another provision was invalid because LCDC did not comply with notice requirements.